EUROPEAN COMMUNITIES - MEASURES AFFECTING THE APPROVAL AND MARKETING OF BIOTECH PRODUCTS
Document: Understanding between the European Communities and the United States Regarding Procedures under Articles 21 and 22 of the DSU
Date: 17 January 2008
Document codes: WT/DS291/38
Complainant: U.S.
Respondent: EU
Third parties: Argentina, Australia, Brazil, Canada, Chile, China, Taiwan, Colombia, El Salvador, Honduras, Mexico, New Zealand, Norway, Paraguay, Peru, Thailand, Uruguay
Dispute stage: Panel
Agreements cited: Art. 2.2, 2.3, 5.1, 5.2, 5.5, 5.6, 7, 8, Annex B, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. I:1, III:4, X:1, XI:1  GATT 1994Art. 4.2  AgricultureArt. 2.1, 2.2, 2.8, 2.9, 2.11, 2.12, 5.1, 5.2, 5.6, 5.8  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES AFFECTING THE APPROVAL
AND MARKETING OF BIOTECH PRODUCTS

Understanding between the European Communities and the United States

Regarding Procedures under Articles 21 and 22 of the DSU

 The following communication, dated 14 January 2008, from the delegation of the European
Communities and the delegation of the United States to the Chairman of the Dispute Settlement Body,
is circulated at the request of these delegations.

 Please find attached the agreed procedur es between the European Communities and the
United States under Article 21 and 22 of the Di spute Settlement Understanding in the dispute

(WT/DS291).

For the European Communities For the United States

Eckart Guth
Ambassador

Peter F. Allgeier
Ambassador

Agreed Procedures between the European Communities and the United States

under Articles 21 and 22 of the Dispute Settlement Understanding in the dispute
European Communities Measures Affecting the Approval and Marketing of Biotech Products
(WT/DS291)

The Dispute Settlement Body (DSB) adopted its recommendations and rulings in the dispute

(WT/DS291) between the United States and the European Communities on 21 November 2006.

Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the European Communities and th e United States agreed on a one-year
reasonable period of time (RPT) for implementati on of the DSB's recommendations and rulings
(). The European Communities and the United States subsequently agreed to extend
the RPT so as to expire on 11 January 2008 (WT/DS291/36).

During the RPT, the European Communities and the United States have engaged in
discussions with the goal of resolving this dispute a nd related issues. With the intent of allowing
those discussions to continue, the European Comm unities and the United States have agreed on the
following procedures for the exclusive purposes of this dispute. These procedures are without
prejudice to either party's views on the correct interpretation of the DSU.

1. Should the United States request authorizati on to suspend concessions or other obligations
pursuant to DSU Article 22.2, the European Communities shall object to the level of
concessions or other obligations and/or claim that the principles and procedures set forth in
DSU Article 22.3 have not been followed no la ter than before the DSB meeting at which the
US request is proposed for the agenda. The ma tter will be referred to arbitration pursuant to
DSU Article 22.6.

2. After the referral of the matter to Article 22.6 arbitration, the parties will request the
Article 22.6 arbitrator, at the earliest possible moment, to suspend its work. The arbitration
will resume if and when the condition in paragraph 6 is fulfilled.

3. The United States may at any time request consu ltations with regard to whether the situation
described in Article 21.5 of the DSU exists. The parties will hold such consultations within
30 days of the circulation of such a request.

4. The United States may request the establishmen t of a panel pursuant to Article 21.5 of the
DSU at any time following 30 days after the circulation of the aforementioned consultation
request. The European Communities shall not ra ise any objection to the panel request being
made after this time period.

5. At the first DSB meeting at which the Un ited States request for the establishment of an
Article 21.5 panel appears on the agenda, the European Communities shall accept the
establishment of that panel.

6. In the event that the DSB fi nds that a measure taken to comply with the recommendations and
rulings of the DSB in this dispute does not exist or is inconsistent with a covered agreement,
the Article 22.6 arbitrator will resume its work at the request of the United States.

7. The parties will cooperate to facilitate the pa rticipation of the original panelists in an
Article 21.5 compliance proceeding and an Article 22.6 arbitration.

8. If an original panelist is not available for either an Article 21.5 compliance panel or an
Article 22.6 arbitration, or both, the parties will promptly consult on a replacement, and either
party may request the Director-General of the WTO to appoint, as soon as possible, a
replacement for the proceeding or proceedings for which such a replacement is required. If
an original panelist is unavailable to serve in either proceeding, the parties will further request
that in making this appointment, the Director-General seek a person who will also be
available to act in both proceedings.

9. The parties will cooperate to enable the Artic le 21.5 compliance panel, the Appellate Body in
the event of an appeal of the compliance panel report, and the Article 22.6 arbitrator to
complete their work as expeditiously as possible.

10. The parties will continue to cooperate in a ll matters related to these agreed procedures and
will not raise any procedural objection to any of the steps set out herein. If, during the
application of these procedures, the parties cons ider that a procedural aspect has not been
properly addressed, they will endeavor to find a so lution within the shortest time possible that
will not affect the other aspects and steps herein agreed.

For the European Communities For the United States

Geneva, 14 January 2008