UNITED STATES – ANTI-DUMPING AND COUNTERVAILING DUTIES ON RIPE OLIVES FROM SPAIN UNDERSTANDING BETWEEN THE UNITED STATES AND THE EUROPEAN UNION REGARDING PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
Document: UNDERSTANDING BETWEEN
Date: 15 February 2023
Document codes: WT/DS577/14
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, India, Japan, Mexico, Russia, Saudi Arabia, Switzerland, Turkey
Dispute stage: Panel
Agreements cited: Art. 1.1(a), 1.1(b), 1.2, 2.1(a), 2.1(b), 2.1(c), 2.4, 10, 14, 15.1, 15.2, 15.5, 19.1, 19.3, 19.4, 22.5, 32.1  Subsidies and Countervailing Measures (SCM)

UNITED STATES – ANTI-DUMPING AND COUNTERVAILING DUTIES ON RIPE OLIVES
FROM SPAIN
UNDERSTANDING BETWEEN THE UNITED STATES AND THE EUROPEAN UNION
REGARDING PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
The following communication, dated 13 February 2023, from the delegation of the United States and
the delegation of the European Union to the Chairperson of the Dispute Settlement Body, is circulated
at the request of these delegations.

The Dispute Settlement Body ("DSB") adopted its recommendations and rulings in the dispute
United States – Anti-Dumping and Countervailing Duties on Ripe Olives from Spain (WT/DS577) on
20 December 2021.
Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement
of Disputes ("DSU") the United States of America ("United States") and the European Union ("EU")
agreed that the reasonable period of time to implement the DSB recommendations and rulings would
be twelve (12) months and twenty-five (25) days, expiring on 14 January 2023.
The United States and the EU ("the parties to the dispute") have agreed on the following procedures
for the exclusive purposes of this dispute. They are designed to facilitate the resolution of the dispute
and reduce the scope for procedural disputes and are without prejudice to either party 's views on
the correct interpretation of the DSU:
1. Should the EU consider that the situation described in Article 21.5 of the DSU exists, the EU will
request that the United States enter into consultations with the EU. The Parties agree to hold such
consultations within 15 days from the date of receipt of the request. After this 15 -day period has
elapsed, the EU may request the establishment of a panel pu rsuant to Article 21.5 of the DSU at
any time.
2. At the first DSB meeting at which the EU request for the establishment of an Article 21.5 panel
appears on the agenda, the United States shall accept the establishment of that panel.
3. The parties to the dispute shall cooperate to enable the Article 21.5 panel to circulate its report
within 90 days of the panel's establishment, excluding such time during which the panel's work may
be suspended pursuant to Article 12.12 of the DSU.
4. Either party to the dispute may request the DSB to adopt the report of the Article 21.5 panel at
a DSB meeting held at least 20 days after the circulation of the report to the Members unless either
party appeals the report.
5. The EU may request authorization to suspend c oncessions or other obligations pursuant to
Article 22.2 of the DSU in the event that the DSB rules as a result of a proceeding under Article 21.5
of the DSU that a measure taken to comply does not exist or is inconsistent with a covered
agreement. The Uni ted States shall not assert that the EU is precluded from obtaining such DSB
authorization because its request was made outside the time period specified in the first sentence
of Article 22.6 of the DSU. This is without prejudice to the United States right to have the matter
referred to arbitration in accordance with Article 22.6 of the DSU.

6. If the EU requests authorization to suspend concessions or other obligations pursuant to
Article 22.2 of the DSU, the United States shall have the right to object u nder Article 22.6 of the
DSU to the level of suspension of concessions or other obligations and/or claim that the principles
and procedures set forth in Article 22.3 of the DSU have not been followed. In the event of such
objection, the matter will be referred to arbitration pursuant to Article 22.6 of the DSU.
7. The parties to the dispute will cooperate to enable the arbitrator under Article 22.6 of the DSU to
circulate its decision within 60 days of the referral to arbitration.
8. If any of the original panellists is not available for either the Article 21.5 compliance panel or the
Article 22.6 arbitration (or both), or any person serving in such proceeding becomes unavailable to
serve, the parties to the dispute will promptly consult on a replacement, and either party may
request the Director -General of the WTO to appoint, within ten days of being so requested, a
replacement for the proceeding or proceedings in which a replacement is required. If an original
panellist is unavailable to serve in either of the proceedings, or a person serving in such proceeding
becomes unavailable to serve, the parties to the dispute will further request that, in making this
appointment, the Director-General seek a person who will be available to act in both proceedings.
9. The parties to this dispute will continue to cooperate in all matters related to these agreed
procedures and agree not to raise any procedural objection to any of the steps set out herein.
10. If, during the application of these procedures, the parties to the dispute consider that a
procedural aspect has not been properly addressed in these procedures, they will endeavour to find
a solution within the shortest time possible that will not affect the other aspects and steps
agreed herein.