dean22029/WTO_Docs huggingface dataset:
CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Original: English CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS Request to Join Consultations Communication from Japan
Date: 24 October 1997
Document codes: WT/DS103/2
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Request to Join Consultations
Communication from Japan
The following communication dated 21 October 1997 from the Permanent Mission of Japan
to the Permanent Mission of Canada and the Dispute Settlement Body is circulated in accordance with
Article 4.11 of the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the Government of Japan hereby notifies the Government of Canada that
in the light of the substantial trade interest of Japan, it desires to be joined in the consultations requested
by the United States in a communication circulated to WTO Members on 13 October 1997 (,
, , , ) entitled "".
CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Original: English CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS Request to Join Consultations Communication from Australia
Date: 27 October 1997
Document codes: WT/DS103/3
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Request to Join Consultations
Communication from Australia
The following communication, dated 22 October 1997, from the Permanent Mission of Australia
to the Permanent Mission of Canada and the Dispute Settlement Body is circulated in accordance with
Article 4.11 of the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the Government of Australia hereby notifies that, due to its substantial trade
interest, it desires to be joined in the consultations under Article XXII:2 of GATT 1994 requested by
the Untied States in a communication circulated to WTO Members on 13 October 1997 ()
entitled Canada - Measures Affecting the Imporation of Milk and the Exportation of Dairy Products.
Australia is a major producer and exporter of dairy products and has a substantial trade interest
in the products that are the subject of the United States request.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Constitution of the Panel Established at the Requests of the United States and New Zealand Note by the Secretariat
Date: 18 August 1998
Document codes: WT/DS103/5; WT/DS113/5; WT/DS103/4.; WT/DS113/4.
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Constitution of the Panel Established at the Requests of the United States and New Zealand
Note by the Secretariat
1. At its meeting on 25 March 1998 (WT/DSB/M/44 ), the Dispute Settlement Body (DSB)
established a Panel in accordance with the request made by the United States in document
 At the same meeting, the DSB established a Panel in accordance with the request made
by New Zealand in document It also agreed that the two Panels would be consolidated
in a single Panel, pursuant to Article 9.1 of the DSU.
2. At that meeting, the parties to the dispute also agreed that the Panel should have standard
terms of reference. The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited by the
United States in document and by New Zealand in document , the
matters referred to the DSB respectively by the United States and New Zealand in these
documents, and to make such findings as will assist the DSB in making the recommendations
or in giving the rulings provided for in those agreements".
3. On 12 August 1998, the parties to the dispute ag reed on the following composition of the
Panel:
Chairman: Professor Tommy Koh
Members: Mr. Guillermo Aguilar Alvarez
Professor Ernst-Ulrich Petersmann
4. Australia, Japan and the United States reserved their rights to participate in the panel
proceedings as third parties.
CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Notification of an Appeal by Canada under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
Date: 15 July 1999
Document codes: WT/DS103/6; WT/DS113/6
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Notification of an Appeal by Canada under
paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU)
The following notification, dated 15 July 1999, sent by Canada to the Dispute Settlement
Body (DSB), is circulated to Members. This notification also constitutes the Notice of Appeal, filed
on the same day with the Appellate Body, pursuant to the Working Procedures for Appellate Review.
Pursuant to paragraph 4 of Article 16 of the Understanding and Rules and Procedures
Governing the Settlement of Disputes (the "DSU") and Rule 20 of the Working Procedures for
Appellate Review, the Government of Canada hereby notifies its decision to appeal certain issues of
law covered in the Panel report on Canada - Measures Affecting the Exportation of Dairy Products
and the Importation of Milk ( and ) an d certain legal interpretations
developed by the Panel.
The Government of Canada seeks review of the Panel's findings that the Canadian measures
in question constituted export subsidies within the meaning of Article 9.1(a), Article 9.1(c) and 1 (e)
of the Agreement on Agriculture and, in the alternative, Article 10 of the Agreement on Agriculture.
These findings are in error and are based on erroneous findings on issues of law and on related legal
interpretations with respect to the interpretation and application of Articles 9, 10 and 1(e) of the
 Agreement on Agriculture.
The Government of Canada also seeks review of the Panel's findings with respect to Canada's
entry with respect to the Tariff Rate Quota for fluid milk which was inscribed in Part I of Canada's
Schedule to GATT, 1994 in the column entitled "Oth er term and conditions". These findings are in
error and are based on erroneous findings on issues of law and on related legal interpretations with
respect to the interpretation and application of Article II of the GATT, 1994 and the item in the said
schedule.
The Government of Canada respectfully requests that the Appellate Body reverses the
findings and conclusions of the panel.
CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Communication from the Appellate Body
Date: 13 September 1999
Document codes: WT/DS103/7; WT/DS113/7
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Communication from the Appellate Body
The following communication, dated 7 September 1999, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its report no later than 60 days after the appellant has formally notified the Dispute
Settlement Body of its decision to appeal. Article 17.5 states, furthermore, that when the Appellate
Body considers that it cannot provide its report within 60 days, it shall inform the DSB in writing of
the reasons for the delay together with an estimate of the period within which it will submit its report.
Canada notified the Dispute Settlement Body of its decision to appeal certain issues of law
covered in the Panel Report and legal interpretations developed by the Panel in this case on
15 July 1999, with the result that the 60-day period will expire on Monday, 13 September 1999. Due
to the time required for completion and translation of the Report, the Appellate Body will not be able
to circulate its Report by 13 September 1999. We estimate that the Appellate Body Report in this
appeal will be circulated to WTO Members by Wednesday, 13 October 1999.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Communication from the Appellate Body
Date: 13 October 1999
Document codes: WT/DS103/8; WT/DS113/8; WT/DS103/AB/R; WT/DS113/AB/R.
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Communication from the Appellate Body
The following communication, dated 13 October 1999, from Mr. Said El-Naggar, Chairman of
the Appellate Body, addressed to the Chairman of the Dispute Settlement Body, is circulated in
accordance with Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes.
It is my honour to transmit to you the Report of the Appellate Body in , ,
 It will be circulated today to Members of the , in
accordance with paragraph 5 of Article 17 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes. The three Members of the Appellate Body who served on this appeal were
Mr. Mitsuo Matsushita, as Presiding Member; Mr. Florentino Feliciano and Mr. Julio Lacarte-Muró,
as Members.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Extension of Time Periods under Articles 21.3(b) and (c) of the DSU On 13 December 1999, the Chairman of the Dispute Settlement Body received the following communication from the Permanent Missions of the United States and Canada.
Date: 20 December 1999
Document codes: WT/DS103/9
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Extension of Time Periods under Articles 21.3(b) and (c) of the DSU
On 13 December 1999, the Chairman of the Dispute Settlement Body received the following
communication from the Permanent Missions of the United States and Canada.
This letter serves to confirm the understanding reached between Canada and the United States
in the above-referenced matter. Due to the fact that there are on-going discussions between our
governments regarding the reasonable period of time, we have mutually agreed to extend each of the
time periods set forth in Articles 21.3(b) and 21.3(c) of the Dispute Settlement Understanding by a
period of 10 days. Thus, the period of time for completing the discussions regarding the reasonable
period of time under Article 21.3(b) will expire on Wednesday, 22 December 1999 and the period of
time for completing the arbitration process as set forth in Article 21.3(c) will expire on Monday,
7 February 2000.
CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Agreement under Article 21.3(b) of the DSU Corrigendum This is to inform you that the date in footnote 1 of document WT/DS103/10-WT/DS113/10 should read March 31, 2000 rather than March 31, 1999.
Date: 21 June 2000
Document codes: WT/DS103/10/Corr.1; WT/DS113/10/Corr.1; WT/DS103/10-WT/DS113/10
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Agreement under Article 21.3(b) of the DSU
Corrigendum
This is to inform you that the date in footnote 1 of document
should read March 31, 2000 rather than March 31, 1999.
CANADA – MESURES VISANT L'IMPORTATION DE LAIT ET
L'EXPORTATION DE PRODUITS LAITIERS
Accord au titre de l'article 21:3 b) du Mémorandum d'accord
Corrigendum
Y A LAS EXPORTACIONES DE PRODUCTOS LÁCTEOS
artículo 21 del ESD
Corrigendum
 es 31 de marzo de 2000 y no 31 de marzo de 1999.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Status Report by Canada Addendum
Date: 17 July 2000
Document codes: WT/DS103/12/Add.1; WT/DS113/12/Add.1
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Status Report by Canada
Addendum
The following communication, dated 13 July 2000, from the Permanent Mission of Canada to
the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.
On 8 June, Canada filed its first status report on implementation, pursuant to Article 21.6 of
the DSU, in which Canada enumerated the various steps that Canada has taken to implement the
rulings and recommendations of the DSB. These steps were consistent with the terms of the
implementation agreement between Canada, the United States and New Zealand (WT/DS/103/10;
WT/DS/113/10). An oral statement was made by Canada at the meeting of the DSB on 19 June 2000.
Since that date, consultations were held in Geneva on 22-23 June between the representatives
of Canada, the United States and New Zealand with respect to this matter. These consultations were
held at the request of Canada for the purpose of providing the United States and New Zealand with
the most recent information on the development of possible new dairy product export mechanisms in
Canada and to provide the complaining parties with an opportunity to consider and discuss these
mechanisms in some detail. As such, these consultations went beyond the consultation obligations set
out in the implementation agreement.
Canada will continue to keep the United States and New Zealand informed on the process of
implementation during the reasonable period of time for implementation. The next scheduled
consultations are set for 15 September 2000. In addition, Canada will continue to provide status
reports to the Members of the DSB pursuant to Article 21.6.
Canada will be in full compliance with the rulings and recommendations of the DSB by the
conclusion of the implementation period.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Agreement to Suspend Arbitration under Article 22.6 of the DSU Addendum
Date: 11 February 2003
Document codes: WT/DS103/31/Add.1; WT/DS103/RW2
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Agreement to Suspend Arbitration under Article 22.6 of the DSU
Addendum
The following communication, dated 6 February 2003, from the Permanent Mission of
Canada and the Permanent Mission of the United States to the Chairman of the Dispute Settlement
Body, with a copy to the Chairman of the Panel, is circulated at the request of these delegations.
On 17 January 2003, the reports of the Panel and Appellate Body in : Second Recourse to
Article 21.5 of the DSU by New Zealand and the United States ( and
) were adopted by the WTO Dispute Settlement Body (DSB).
Pursuant to paragraph 1(a) of the "Additional Understanding between Canada and the United
States Regarding Procedures under Articles 21 and 22 of the DSU" of 18 December 2001
(), the arbitration proceedings under Article 22.6 of the WTO Dispute Settlement
Understanding () were due to resume following the adoption by the DSB of the Panel
and Appellate Body reports on this matter. The arbitration proceedings were further suspended by
agreement between Canada and the United States until 7 February 2003 ().
In this connection, in order to permit time for further consultations, Canada and the United
States have agreed that the arbitration proceedings remain suspended until 10 April 2003.
For Canada: For the United States:
(s) Sergio Marchi (s) Linnet F. Deily
Ambassador Ambassador
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Agreement to Suspend Arbitration under Article 22.6 of the DSU Addendum
Date: 14 April 2003
Document codes: WT/DS103/31/Add.2; WT/DS103/RW2
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Agreement to Suspend Arbitration under Article 22.6 of the DSU
Addendum
The following communication, dated 9 April 2003, from the Permanent Mission of Canada
and the Permanent Mission of the United States to the Chairman of the Dispute Settlement Body, with
a copy to the Chairman of the Panel, is circulated at the request of these delegations.
On 17 January 2003, the reports of the Panel and Appellate Body in : Second Recourse to
Article 21.5 of the DSU by New Zealand and the United States ( and
) were adopted by the WTO Dispute Settlement Body (DSB).
Pursuant to paragraph 1(a) of the "Additional Understanding between Canada and the United
States Regarding Procedures under Articles 21 and 22 of the DSU" of 18 December 2001
(), the arbitration proceedings under Article 22.6 of the WTO Dispute Settlement
Understanding () were due to resume following the adoption by the DSB of the Panel
and Appellate Body reports on this matter. The arbitration proceedings were further suspended by
agreement between Canada and the United States at first until 7 February 2003 (), and
then again until 10 April 2003 ().
In this connection, in order to permit time for further consultations, Canada and the United
States have agreed that the arbitration proceedings remain suspended until 9 May 2003.
For Canada: For the United States:
(s) Sergio Marchi (s) Linnet F. Deily
Ambassador Ambassador
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Report of the Appellate Body Corrigendum In the header of the Table of Contents on Page ii, the document number "WT/DS46/AB/R" should read "WT/DS103/AB/R, WT/DS113/AB/R".
Date: 18 October 1999
Document codes: WT/DS103/AB/R/Corr.11; WT/DS113/AB/R/Corr.12; WT/DS46/AB/R; WT/DS103/AB/R; WT/DS113/AB/R
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Report of the Appellate Body
Corrigendum
In the header of the Table of Contents on Page ii, the document number ""
should read ", ".

1In English only.
2Ibid.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Recourse to Article 21.5
Date: 22 January 2003
Document codes: WT/DS103/31; WT/DS103/RW2; WT/DS103/AB/RW
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Agreement to Suspend Arbitration under Article 22.6 of the DSU
The following communication, dated 16 January 2003, from the Permanent Mission of
Canada and the Permanent Mission of the United States to the Chairman of the Dispute Settlement
Body, with a copy to the Chairman of the Panel, is circulated at the request of these delegations.
On 17 January 2003, the reports of the Panel and Appellate Body in : Second Recourse to
Article 21.5 of the DSU by New Zealand and the United States ( and
) will be considered for adoption by the WTO Dispute Settlement Body (DSB).
Pursuant to paragraph 1(a) of the "Additional Understanding between Canada and the United
States Regarding Procedures under Articles 21 and 22 of the DSU" of 18 December 2001
(), the arbitration proceedings under Article 22.6 of the WTO Dispute Settlement
Understanding () are due to resume following the adoption by the DSB of the Panel and
Appellate Body reports on this matter. In this connection, in order to permit time for further
consultations, Canada and the United States have agreed to request that the arbitration proceedings
remain suspended until 7 February 2003.
Accordingly, Canada and the United States request that the arbitration proceedings be
suspended until 7 February 2003.
For Canada: For the United States:
(s) Sergio Marchi (s) David P. Shark
Ambassador Chargé d'Affaires, a.i.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Request by Canada for Arbitration under Article 22.6 of the DSU
Date: 28 February 2001
Document codes: WT/DS103/18; WT/DS103/17
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 8, 9, 10  AgricultureArt. X, XI, XIII  GATT 1994Art. 1, 2, 3  Import LicensingArt. 3  Subsidies and Countervailing Measures (SCM)Art. 3, 4  AgricultureArt. II  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Request by Canada for Arbitration under Article 22.6 of the DSU
The following communication, dated 28 February 2001, from the Permanent Mission of
Canada to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 22.6 of the
DSU.
Pursuant to Article 22.6 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), Canada objects to the level of suspension of tariff concessions and
other obligations under the General Agreement on Tariffs and Trade 1994 proposed by the
United States in its letter dated 16 February 2001 (document ).
Without prejudice to its position with respect to the WTO-consistency of Canada's
implementing measures, which will be examined by the Article 21.5 panel requested by the
United States in its letter also dated 16 February 2001 (document ), Canada considers
that the level of suspension proposed by the United States is not equivalent to the level of the
nullification or impairment of benefits accruing to the United States as a result of the alleged failure of
Canada to comply with the recommendations and rulings of the Dispute Settlement Body in the matter
""
(WT/DS103).
In accordance with the provisions of Article 22.6 of the DSU and as envisaged in the "Agreed
Procedures between Canada and the United States under Articles 21 and 22 of the DSU in the
follow-up to the dispute in "Canada – Measur es Affecting the Importation of Milk and the
Exportation of Dairy Products" (WT/DS103)" (WT/DS 103/14), Canada therefore requests that this
matter be referred to arbitration.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Status Report by Canada Addendum
Date: 15 September 2000
Document codes: WT/DS103/12/Add.2; WT/DS113/12/Add.2
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Status Report by Canada
Addendum
The following communication, dated 14 September 2000, from the Permanent Mission of
Canada to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.
On 8 June 2000, Canada filed its first status report on implementation, pursuant to
Article 21.6 of the DSU, in which Canada enumerated the various steps that Canada has taken to
implement the rulings and recommendations of the DSB. These steps were consistent with the terms
of the implementation agreement between Canada, the United States and New Zealand
(WT/DS/103/10; WT/DS/113/10; ; ). An oral statement
was made by Canada at the meeting of the DSB on 19 June 2000.
Canada's second status report, filed on 13 July 2000, reported on the consultations held in
Geneva on 22-23 June 2000 between the representatives of Canada, the United States and
New Zealand with respect to this matter. Canada made a further oral statement at the 27 July 2000
meeting of the DSB.
Canada will continue to keep the United States and New Zealand informed on the process of
implementation during the reasonable period of time for implementation. The next scheduled
consultations are tentatively set for 2 October 2000. In addition, Canada will continue to provide
status reports to the Members of the DSB pursuant to Article 21.6.
Canada will be in full compliance with the rulings and recommendations of the DSB by the
conclusion of the implementation period.
CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Status Report by Canada Addendum
Date: 13 October 2000
Document codes: WT/DS103/12/Add.3; WT/DS113/12/Add.3; WT/DS103/10
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Status Report by Canada
Addendum
The following communication, dated 12 October 2000, from the Permanent Mission of
Canada to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.
On 8 June 2000, Canada filed its first status report on implementation, pursuant to
Article 21.6 of the DSU, in which Canada enumerated the various steps that it has taken to implement
the rulings and recommendations of the DSB. These steps were consistent with the terms of the
implementation agreement between Canada, the United States and New Zealand (;
) (See also 21 June 2000 ; ).
Since then, Canada has filed two further status reports and has made oral statements at the
July and September meetings of the DSB regarding our progress in implementation.
On 2 October 2000, consultations were held between representatives of Canada, the
United States and New Zealand via videoconference. During these consultations, Canada provided
the statistical and other information required under the terms of the Implementation Agreement.
Canada also answered questions from the representatives of the United States and New Zealand
regarding Canada's new provincial export mech anisms. The United States and New Zealand made
numerous requests for information. Canada is endeavouring to compile and provide the information
requested.
Canada will continue to keep the United States and New Zealand informed on the process of
implementation during the reasonable period of time for implementation. The next consultations will
be held on or about 15 December 2000.
In addition, Canada will continue to provide status reports to the Members of the DSB
pursuant to Article 21.6.
Canada will be in full compliance with the rulings and recommendations of the DSB by the
conclusion of the implementation period.
CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Status Report by Canada Addendum
Date: 7 November 2000
Document codes: WT/DS103/12/Add.4; WT/DS113/12/Add.4; WT/DS103/10; WT/DS113/10; WT/DS103/10/Corr.1; WT/DS113/10/Corr.1
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Status Report by Canada
Addendum
The following communication, dated 6 November 2000, from the Permanent Mission of
Canada to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.
Canada continues to implement the recommendations and rulings of the DSB, consistently
with the terms of the implementation agreement between Canada, the United States and New Zealand
(; ) (See al so 17 July 2000 ;

Canada is implementing in a fully transpar ent manner, in close consultation with the
complaining parties. As noted in the previous status report, Canada, New Zealand and the
United States held a videoconference on 2 October 2000, during which Canada answered questions
from New Zealand and US officials. Canada also provided the statistical and other information
required under the terms of the Implementation Agreement.
The next set of consultations will be held on or about 15 December 2000.
Canada will continue to keep the United States and New Zealand informed on the process of
implementation during the reasonable period of time for implementation. In addition, Canada will
continue to provide status reports to the DSB pursuant to Article 21.6.
As stated previously, Canada will be in full compliance with the rulings and
recommendations of the DSB by the conclusion of the implementation period on 31 December 2000.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Status Report by Canada Addendum
Date: 1 December 2000
Document codes: WT/DS103/12/Add.5; WT/DS113/12/Add.5; WT/DS103/10; WT/DS113/10
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Status Report by Canada
Addendum
The following communication, dated 30 November 2000, from the Permanent Mission of
Canada to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.
Canada is pleased to present its final status report in this dispute.
Canada continues to implement the recommendations and rulings of the Dispute Settlement
Body (DSB) consistently with the terms of th e implementation agreement between Canada, the
United States and New Zealand (; ).
Canada is implementing in a fully transpar ent manner, in close consultation with the
complaining parties. The next set of consultations between Canada, the United States and
New Zealand will be held in Washington on 7 and 8 December 2000.
Canada is pleased to reaffirm that it will be in full compliance with the rulings and
recommendations of the DSB by the conclusion of the implementation period on 31 December 2000.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Status Report by Canada Addendum
Date: 22 January 2001
Document codes: WT/DS103/12/Add.6; WT/DS113/12/Add.6
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Status Report by Canada
Addendum
The following communication, dated 19 January 2001, from the Permanent Mission of
Canada to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.
Canada is pleased to present its final status report in this dispute.
On 7 and 8 December 2000, Canada held a further set of consultations with the United States
and New Zealand, in accordance with the terms of the implementation agreement reached between the
parties pursuant to DSU Article 21.3(b).
At these consultations, the parties mutually agreed to extend the reasonable period of time for
implementation to 31 January 2001. A copy of the letter notifying the Chairman of the Dispute
Settlement Body (DSB) of this modification to the agreement between the parties was circulated to all
Members as document , , on 13 December 2000.
Canada continues to implement the recommendations and rulings of the DSB consistently
with the terms of the modified implementation agreement and in a fully transparent manner.
Canada is pleased to affirm that it will be in full compliance with the rulings and
recommendations of the DSB by the conclusion of the implementation period on 31 January 2001.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Modification of Agreement under Article 21.3(b) of the DSU
Date: 13 December 2000
Document codes: WT/DS103/13; WT/DS113/13
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Modification of Agreement under Article 21.3(b) of the DSU
The following communication, dated 11 December 2000, from the Permanent Missions of
Canada, the United States and New Zealand to the Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 21.3(b) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes.
This letter is to inform you that Canada, the United States and New Zealand have reached an
understanding regarding a modification to the above-referenced agreement. The terms of the
understanding are set out in the copy of the agreement attached to this letter.

(AB-1999-4)
Modification of Agreement Pursuant to Article 21.3(b) of the DSU

On 22 December 1999, Canada, the United States and New Zealand concluded the
above-referenced agreement. The agreement provides that the reasonable period of time for
implementation of the recommendations and rulings of the Dispute Settlement Body (DSB) in the
above-noted matter was to be completed no later than 31 December 2000.
This is to confirm that, following consultations on 11 December 2000, Canada, the
United States and New Zealand hereby agree to extend the reasonable period of time for
implementation of the DSB's recommendations and rulings until 31 January 2001. The parties agree
to amend the fourth bullet of the third paragraph of the implementation agreement by striking
"31 December 2000" and inserting "31 January 2001".
For Canada: For New Zealand For the United States
(s) H.E. Mr. Sergio Marchi (s) Mr. John Adank (s) H.E. Ms. Rita D. Hayes
Ambassador Acting Permanent Ambassador
Permanent Representative Representative Permanent Representative
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Recourse by the United States and New Zealand to Article 21.5 of the DSU Constitution of the Panel Note by the Secretariat
Date: 12 April 2001
Document codes: WT/DS103/19; WT/DS113/19; WT/DS103/16; WT/DS113/16.
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Recourse by the United States and New Zealand to Article 21.5 of the DSU
Constitution of the Panel
Note by the Secretariat
1. At its meeting on 1 March 2001, the Dispute Se ttlement Body (DSB) decided, in accordance
with Article 21.5 of the DSU, to refer to the original Panel, if possible, the matter raised by the United
States in document and the matter raised by New Zealand in document
2. At that DSB meeting, it was also agreed that the Panel should have standard terms of
reference as follows:
"To examine, in the light of the relevant provisions of the covered agreements cited
by the United States in document and by New Zealand in document
, the matter referred to the DSB by the United States and New Zealand
in those documents and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements."
3. The Panel is composed as follows: 1
Chairperson: Mr. Ernst-Ulrich Petersmann
Members: Mr. Guillermo Aguilar Alvarez
Mr. Peter Palečka
4. Australia, the European Communities and Mexico have reserved their third party rights.
The parties agreed to his replacement by Mr. Peter Palečka as a member of the Panel.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Recourse to Article 21.5 of the DSU by New Zealand and the United States Notification of an Appeal by Canada under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 4 September 2001
Document codes: WT/DS103/20; WT/DS113/20
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Recourse to Article 21.5 of the DSU
by New Zealand and the United States
Notification of an Appeal by Canada
under paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes
The following notification, dated 4 September 2001, sent by the Permanent Mission of
Canada to the Dispute Settlement Body ("DSB"), is circulated to Members. This notification also
constitutes the Notice of Appeal, filed on the same day with the Appellate Body, pursuant to the
Working Procedures for Appellate Review.
Pursuant to paragraph 4 of Article 16 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (the "DSU") and Rule 20 of the Working Procedures for
Appellate Review, the Government of Canada hereby notifies its decision to appeal certain issues of
law covered in the Panel report in – Recourse to Article 21.5 of the Dispute Settlement Understanding by
New Zealand and the United States ( and ) and certain legal
interpretations developed by the Panel.
The Government of Canada seeks review of the Panel's finding that the Canadian measures in
question constitute an export subsidy within the meaning of Article 9.1(c) of the Agreement on
Agriculture. In particular, Canada seeks review of the Panel's finding that commercial export milk
sales constitute payments that are financed by virtue of governmental action. This finding is in error
and is based on erroneous findings on issues of law and on related legal interpretations with respect to
the interpretation and application of Article 9.1(c) of the Agreement on Agriculture.
The Government of Canada respectfully requests that the Appellate Body reverse the findings
and conclusions of the Panel and modify accordingly the recommendations and rulings of the Panel.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Recourse to Article 21.5 of the DSU by New Zealand and the United States Communication from the Appellate Body
Date: 2 November 2001
Document codes: WT/DS103/21; WT/DS113/21
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Recourse to Article 21.5 of the DSU
by New Zealand and the United States
Communication from the Appellate Body
The following communication, dated 2 November 2001, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its report no later than 60 days after the appellant has formally notified the Dispute
Settlement Body of its decision to appeal. Article 17.5 states, furthermore, that when the
Appellate Body considers that it cannot provide its report within 60 days, it shall inform the DSB in
writing of the reasons for the delay together with an estimate of the period within which it will submit
its report.
Canada notified the Dispute Settlement Body of its decision to appeal certain issues of law
covered in the Panel Report and legal interpretations developed by the Panel in this case on
4 September 2001, with the result that the 60-day period will expire on Monday, 5 November 2001.
Due to the time required for completion and translation of the Report, the Appellate Body will not be
able to circulate its Report by Monday, 5 November 2001. We estimate that the Appellate Body
Report in this appeal will be circulated to WTO Members no later than Monday, 3 December 2001.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Recourse to Article 21.5 of the DSU by New Zealand and the United States Communication from the Appellate Body
Date: 3 December 2001
Document codes: WT/DS103/22; WT/DS113/22
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Recourse to Article 21.5 of the DSU
by New Zealand and the United States
Communication from the Appellate Body
The following communication, dated 3 Decemb er 2001, from Mr. Claus-Dieter Ehlermann,
Chairman of the Appellate Body, addressed to the Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 17.5 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes.
It is my honour to transmit to you the Report of the Appellate Body in – Recourse to Article 21.5
of the DSU by New Zealand and the United States , ,
It will be circulated to Members of the at 4:00 p.m. today, in accordance
with paragraph 5 of Article 17 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes. It is a confidential document until its circulation. The three Members of the
Appellate Body who served on this appeal were: Mr. Yasuhei Taniguchi, as Presiding Member;
Mr. Georges Abi-Saab and Mr. A.V. Ganesan, as Members.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Second Recourse by the United States and New Zealand to Article 21.5 of the DSU Constitution of the Panel Note by the Secretariat
Date: 17 January 2002
Document codes: WT/DS103/26; WT/DS113/26; WT/DS103/23; WT/DS113/23.
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Second Recourse by the United States and New Zealand
to Article 21.5 of the DSU
Constitution of the Panel
Note by the Secretariat
1. At its meeting on 18 December 2001, the Dispute Settlement Body (DSB) decided, in
accordance with Article 21.5 of the DSU, to refer to the original Panel, if possible, the matter raised
by the United States in document and the matter raised by New Zealand in document

2. At that DSB meeting, it was also agreed that the Panel should have standard terms of
reference as follows:
"To examine, in the light of the relevant provisions of the covered agreements cited
by the United States in document and by New Zealand in document
, the matter referred to the DSB by the United States and New Zealand
in those documents and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements."
3. The Panel is composed as follows:
Chairperson: Mr. Ernst-Ulrich Petersmann
Members: Mr. Guillermo Aguilar Alvarez
Mr. Peter Palečka
4. Argentina, Australia and the European Communities have reserved their third party rights.