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Dispute Settlement Body - Annual report (2015)
日期:2015/11/19
作者:Dispute Settlement Body
文件編號:WT/DSB/67
附件下載:WTDSB67.doc
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DISPUTE SETTLEMENT BODY

Annual Report (2015)

The Report was prepared pursuant to the Procedures for an Annual Overview of WTO Activities and for Reporting under the WTO (WT/L/105), and sets out the actions taken by the Dispute Settlement Body (DSB) in the period since its previous Annual Report.[1]

 

In carrying out its tasks, the DSB held 17 meetings since the period covered by the previous Report. The minutes of these meetings, which remain the record of the DSB's work, are contained in documents WT/DSB/M/353 – WT/DSB/M/369[2] and should be read in conjunction with this Report.[3]

 

The following matters are included in this Report:

 

Table of Contents

1   election of chairperson.. 2

2   reappointment of appellate body members. 2

3   indicative list of governmental and non-governmental panelists. 2

4   adoption of the 2015 draft Annual report of the dispute settlement body. 2

5   establishment of Panels and requests for establishment of panels. 3

6   adoption of Appellate Body/panel reports. 6

7   statements of intentions in respect of implementation pursuant to Article 21.3 of the dsu.. 7

8   status reports on progress in the implementation of the recommendations adopted by the DSB. 8

9   matters raised by members pursuant to Article 21.6 of the dsu (Surveillance and implementation). 9

10   Recourse to Article 22.2 of the DSU (compensation and suspension of concessions)  10

11   Other Matters. 10

12   conclusion.. 11

 


 

 

1  election of chairperson

1.1.  At its meeting on 23 February 2015, the DSB elected by acclamation H.E. Mr. Harald Neple (Norway) as Chairman of the DSB (WT/DSB/M/357).

2  reappointment of appellate body members

2.1.  Regarding the reappointments of Messrs. Ujal Singh Bhatia and Thomas R. Graham:

·    At the DSB meeting on 22 April 2015 (WT/DSB/M/360), the Chairman informed delegations that the first four-year terms of office of Messrs. Ujal Singh Bhatia and Thomas R. Graham would expire on 10 December 2015 and that both of them were eligible for reappointment to a second and final terms of office, pursuant to Article 17.2 of the DSU. The Chairman said that he had recently been informed that Messrs. Bhatia and Graham were interested and willing to serve for a second four-year term. In light of this, he intended to consult informally with Members on these matters and invited delegations with views to contact him directly. He said that he would report back to delegations on the results of his consultations.

·    At the DSB meetings on 20 May 2015 (WT/DSB/M/361), 19 June 2015 (WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365) and 28 September 2015 (WT/DSB/M/368), the Chairman informed delegations that his consultations on the issue of possible reappointments of two Appellate Body members were ongoing and, once again, he invited any delegations with views on this matter to contact him directly.

·    At the DSB meeting on 28 October 2015 (WT/DSB/M/369), the Chairman made a statement regarding the issue of possible reappointments of two Appellate Body members and said that it was his intention to host a very informal meeting with these two members of the Appellate Body. He invited any interested delegation who would wish to participate in that meeting and pose questions to the Appellate Body members to contact him directly or via the Secretariat by 6 November 2015 and to indicate the topics that they would wish to raise. He said that it was his intention to place the issue of reappointments on the Agenda of the 25 November 2015 DSB meeting for a decision.

2.2.  Currently, the Appellate Body is composed of the following members (in alphabetical order): Mr. Ujal Singh Bhatia (India), Mr. Seung Wha Chang (Korea), Mr. Thomas R. Graham (United States), Mr. Ricardo Ramírez-Hernández (Mexico), Mr. Shree Baboo Chekitan Servansing (Mauritius), Mr. Peter Van den Bossche (Belgium) and Ms. Yuejiao Zhang (China).

3  indicative list of governmental and non-governmental panelists

3.1.  During the period under review, Members suggested and the DSB approved a total of five new nominations for inclusion on the Indicative List of Governmental and Non-Governmental Panelists, in accordance with Article 8.4 of the DSU. These names are contained in documents: WT/DSB/W/536, WT/DSB/W/543 and WT/DSB/W/545. The DSB approved these nominations at its meetings on 17 December 2014 (WT/DSB/M/353), 25 March 2015 (WT/DSB/M/359) and 22 April 2015 (WT/DSB/M/360).

3.2.  The DSB approved the following new names for the Indicative List: (i) Cuba – Mr. Narciso A. Cobo Roura, Ms. Celia M. Labora Rodríguez and Ms. Dánice Vázquez De Alvaré; (ii) Dominican Republic – Ms. Katrina Naut; and (iii) Israel – Ms. Rachel Frid De Vries.

4  adoption of the 2015 draft Annual report of the dispute settlement body

4.1.  At its meeting on 28 October 2015, the DSB adopted the draft Annual Report of the DSB for 2015 contained in document WT/DSB/W/554 on the understanding that it would be further updated by the Secretariat in order to include the actions taken by the DSB at the 28 October 2015 meeting. The updated Report would be submitted for consideration by the General Council at its meeting on 30 November/1 December 2015 (WT/DSB/M/369).

5  establishment of Panels and requests for establishment of panels

5.1.  During the period under review, the DSB established 15 Panels in accordance with Article 6 of the DSU and, two Panels in accordance with Article 9.1 of the DSU, each to examine a distinct same matter raised in separate complaints. These actions are described below with reference to each of the disputes in question:

·    "Brazil – Certain Measures Concerning Taxation and Charges": The DSB considered, for the second time, the European Union's panel request at its meeting on 17 December 2014 (WT/DS472/5; WT/DSB/M/353), and agreed to establish a panel in accordance with the provisions of Article 6 of the DSU, with standard terms of reference. The European Union and Brazil made statements. The following delegations reserved third-party rights to participate in the Panel's proceedings: Argentina, Australia, Canada, China, Colombia, India, Japan, Korea, the Russian Federation, South Africa, Chinese Taipei, Turkey and the United States.

·    "United States – Conditional Tax Incentives for Large Civil Aircraft": The DSB considered, for the first time, the European Union's panel request at its meeting on 23 February 2015 (WT/DS487/2; WT/DSB/M/357). The European Union and the United States made statements. At that meeting, the DSB agreed to establish a panel in accordance with the provisions of Article 4.4 of the SCM Agreement and Article 6 of the DSU, with standard terms of reference. The following delegations reserved third-party rights to participate in the Panel's proceedings: Australia, Brazil, Canada, China, India, Japan, Korea and the Russian Federation.

·    "Canada – Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu": The DSB considered, for the first time, a panel request by the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), at its meeting on 23 February 2015 (WT/DS482/2; WT/DSB/M/357). Chinese Taipei and Canada made statements. The DSB considered this matter, for the second time, at its meeting on 10 March 2015 and agreed to establish a panel in accordance with the provisions of Article 6 of the DSU, with standard terms of reference (WT/DSB/M/358). Chinese Taipei and Canada made statements. The following delegations reserved third-party rights to participate in the Panel's proceedings: Brazil, China, the European Union, Korea, Norway, the United Arab Emirates and the United States.

·    "China – Anti-Dumping Measures on Imports of Cellulose Pulp from Canada": The DSB considered, for the first time, Canada's panel request at its meeting on 23 February 2015 (WT/DS483/2; WT/DSB/M/357). Canada and China made statements. The DSB considered this matter, for the second time, at its meeting on 10 March 2015 and agreed to establish a panel in accordance with the provisions of Article 6 of the DSU, with standard terms of reference (WT/DSB/M/358). Canada and China made statements. The following delegations reserved third-party rights to participate in the Panel's proceedings: Brazil, Chile, the European Union, Japan, Korea, Norway, Singapore and the United States.

·    "European Union – Countervailing Measures on Certain Polyethylene Terephthalate from Pakistan": The DSB considered, for the first time, Pakistan's panel request at its meeting on 23 February 2015 (WT/DS486/2; WT/DSB/M/357). Pakistan and the European Union made statements. The DSB considered this matter, for the second time, at its meeting on 25 March 2015 and agreed to establish a panel in accordance with the provisions of Article 6 of the DSU, with standard terms of reference (WT/DSB/M/359). Pakistan and the European Union made statements. The following delegations reserved third-party rights to participate in the Panel's proceedings: China and the United States.

·    "Russia – Tariff Treatment of Certain Agricultural and Manufacturing Products": The DSB considered, for the first time, the European Union's panel request at its meeting on 10 March 2015 (WT/DS485/6; WT/DSB/M/358). The European Union and the Russian Federation made statements. The DSB considered this matter, for the second time, at its meeting on 25 March 2015 and agreed to establish a panel in accordance with the provisions of Article 6 of the DSU with standard terms of reference (WT/DSB/M359). The European Union and the Russian Federation made statements. The following delegations reserved third-party rights to participate in the Panel's proceedings: Australia, Brazil, Canada, Chile, China, Colombia, India, Japan, Korea, the Republic of Moldova, Norway, Singapore, Ukraine and the United States.

·    "United States – Anti-Dumping Measures on Certain Oil Country Tubular Goods from Korea": The DSB considered, for the first time, Korea's panel request at its meeting on 10 March 2015 (WT/DS488/5; WT/DSB/M/358). Korea and the United States made statements. The DSB considered this matter, for the second time, at its meeting on 25 March 2015 and agreed to establish a panel in accordance with the provisions of Article 6 of the DSU with standard terms of reference (WT/DSB/M/359). Korea and the United States made statements. The following delegations reserved third-party rights to participate in the Panel's proceedings: Canada, China, the European Union, India, Mexico, the Russian Federation and Turkey.

·    "China – Measures Related to Demonstration Bases and Common Service Platforms Programmes": The DSB considered, for the first time, the United States' panel request at its meeting on 22 April 2015 (WT/DS489/6; WT/DSB/M/360). The United States, China and the European Union made statements. At that meeting, the DSB agreed to establish a panel in accordance with the provisions of Article 4.4 of the SCM Agreement and Article 6 of the DSU with standard terms of reference. The following delegations reserved third-party rights to participate in the Panel's proceedings: Australia, Brazil, Canada, Colombia, the Dominican Republic, the European Union, India, Japan, Korea, the Russian Federation, Saudi Arabia, Singapore and Chinese Taipei.

·    "Indonesia – Importation of Horticultural Products, Animals and Animal Products": The DSB considered, for the first time, the panel requests by New Zealand (WT/DS477/9) and by the United States (WT/DS478/9) at its meeting on 22 April 2015 (WT/DSB/M/360). New Zealand, the United States and Indonesia made statements. The DSB considered these matters, for the second time, at its meeting on 20 May 2015 and agreed to establish a single panel pursuant to Article 9.1 of the DSU, with standard terms of reference, to examine the complaints by New Zealand and the United States (WT/DSB/M/361). New Zealand, the United States and Indonesia made statements. The following delegations reserved third-party rights to participate in the Panel's proceedings: Australia, Argentina, Brazil, Canada, China, the European Union, India, Japan, Korea, Norway, Paraguay, Singapore, Chinese Taipei and Thailand.

·    "European Union and its Member States – Certain Measures Relating to the Energy Sector": The DSB considered, for the first time, the Russian Federation's panel request at its meeting on 19 June 2015 (WT/DS476/2; WT/DSB/M/364). The Russian Federation and the European Union made statements. The DSB considered this matter, for the second time, at its meeting on 20 July 2015 and agreed to establish a panel in accordance with the provisions of Article 6 of the DSU with standard terms of reference (WT/DSB/M/365). The Russian Federation and the European Union made statements. The following delegations reserved third-party rights to participate in the Panel's proceedings: Brazil, China, Colombia, India, Japan, Korea, Saudi Arabia, Ukraine and the United States.

·    "European Union – Measures Affecting Tariff Concessions on Certain Poultry Meat Products": The DSB considered, for the first time, China's panel request at its meeting on 19 June 2015 (WT/DS492/2 and Corr.1; WT/DSB/M/364). China and the European Union made statements. The DSB considered this matter, for the second time, at its meeting on 20 July 2015 and agreed to establish a panel in accordance with the provisions of Article 6 of the DSU with standard terms of reference (WT/DSB/M/365). China, the European Union and Brazil made statements. The following delegations reserved third-party rights to participate in the Panel's proceedings: Argentina, Canada, Brazil, India, the Russian Federation and the United States.

·    "European Union – Anti-Dumping Measures on Biodiesel from Indonesia": The DSB considered, for the first time, Indonesia's panel request at its meeting on 20 July 2015 (WT/DS480/2 and Corr.1; WT/DSB/M/365). Indonesia and the European Union made statements. The DSB considered this matter, for the second time, at its meeting on 31 August 2015 and agreed to establish a panel in accordance with the provisions of Article 6 of the DSU with standard terms of reference (WT/DSB/M/367). Indonesia and the European Union made statements. The following delegations reserved third-party rights to participate in the Panel's proceedings: Argentina, Australia, Brazil, Canada, China, India, Japan, Norway, the Russian Federation, Singapore, Turkey and the United States.

·    "Indonesia – Safeguard on Certain Iron or Steel Products": The DSB considered, for the first time, a panel request by the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) at the DSB meeting on 31 August 2015 (WT/DS490/2; WT/DSB/M/367). Chinese Taipei and Indonesia made statements. The DSB considered this matter, for the second time, at its meeting on 28 September 2015 and agreed to establish a panel in accordance with the provisions of Article 6 of the DSU with standard terms of reference (WT/DSB/M/368). Chinese Taipei and Indonesia made statements. The following delegations reserved third-party rights to participate in the Panel proceedings: Australia, Chile, China, the European Union, India, Japan, Korea, the Russian Federation, Ukraine, the United States and Viet Nam.

·    "United States – Anti-Dumping and Countervailing Measures on Certain Coated Paper from Indonesia": The DSB considered, for the first time, Indonesia's panel request at its meeting on 20 July 2015 (WT/DS491/2; WT/DSB/M/365). Indonesia and the United States made statements. The DSB considered, for the first time, a new panel request by Indonesia on the same matter at its meeting on 31 August 2015 (WT/DS491/3; WT/DSB/M/367). Indonesia and the United States made statements. The DSB considered this matter, for the second time, at its meeting on 28 September 2015 and agreed to establish a panel in accordance with the provisions of Article 6 of the DSU with standard terms of reference (WT/DSB/M/368). Indonesia and the United States made statements. The following delegations reserved third-party rights to participate in the Panel's proceedings: Brazil, Canada, China, the European Union, India, Korea and Turkey.

·    "Korea – Import Bans, and Testing and Certification Requirements for Radionuclides": The DSB considered, for the first time, Japan's panel request at its meeting on 31 August 2015 (WT/DS495/3; WT/DSB/M/367). Japan and Korea made statements. The DSB considered this matter, for the second time, at its meeting on 28 September 2015 and agreed to establish a panel in accordance with the provisions of Article 6 of the DSU with standard terms of reference (WT/DSB/M/368). Japan and Korea made statements. The following delegations reserved third-party rights to participate in the Panel's proceedings: Brazil, Canada, China, Guatemala, India, the European Union, New Zealand, Norway, the Russian Federation, Chinese Taipei and the United States.

·    "Brazil – Certain Measures Concerning Taxation and Charges": The DSB considered, for the first time, Japan's panel request at its meeting on 28 September 2015 (WT/DS497/3; WT/DSB/M/368). Japan, Brazil and the European Union made statements. At that meeting, the DSB agreed to establish a panel in accordance with the provisions of Article 6 of the DSU with standard terms of reference. The following delegations reserved third-party rights to participate in the Panel's proceedings: Argentina, Australia, Canada, China, Colombia, the European Union, India, Korea, the Russian Federation, Singapore, Turkey, Ukraine and the United States.

·    "Indonesia – Safeguard on Certain Iron or Steel Products": The DSB considered, for the first time, Viet Nam's panel request at its meeting on 28 September 2015 (WT/DS496/3; WT/DSB/M/368). Viet Nam, Indonesia and Chinese Taipei made statements. The DSB considered this matter, for the second time, at its meeting on 28 October 2015 (WT/DSB/M/369) and agreed that the request by Viet Nam for the establishment of a panel with standard terms of reference is accepted and that, as provided in Article 9.1 of the DSU in respect of multiple complainants, the Panel established at the 28 September 2015 DSB meeting to examine the complaint by the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu contained in WT/DS490/2, with regard to the same matter, will also examine the complaint by Viet Nam contained in WT/DS496/3. Viet Nam, Indonesia, Chinese Taipei, the United States and the European Union made statements. The following delegations reserved third-party rights to participate in the Panel's proceedings: Australia, Chile, China, the European Union, India, Japan, Korea, the Russian Federation, Chinese Taipei, Ukraine, the United States and Viet Nam.

5.2.  The following panel request was considered by the DSB for the first time:

·    "Indonesia – Measures Concerning the Importation of Chicken Meat and Chicken Products": The DSB considered, for the first time, Brazil's panel request at its meeting on 28 October 2015 (WT/DS484/8; WT/DSB/M/369). Brazil and Indonesia made statements. No further action by the DSB had taken place by the time of writing this Report.

6  adoption of Appellate Body/panel reports

6.1.  During the period covered by this Report, the DSB adopted 15 Panel Reports contained in 12 documents and 12 Appellate Body Reports contained in 8 documents:

·    "United States – Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India": The DSB adopted the Appellate Body Report contained in WT/DS436/AB/R and the Panel Report contained in WT/DS436/R and Add.1, as modified by the Appellate Body Reports in this dispute at its meeting on 19 December 2014 (WT/DSB/M/354). The following delegations made statements: India, the United States, China, Canada, Australia and Japan.

·    "United States – Countervailing Duty Measures on Certain Products from China": The DSB adopted the Appellate Body Report contained in WT/DS437/AB/R and the Panel Report contained in WT/DS437/R and Add.1, as modified by the Appellate Body Report in this dispute at its meeting on 16 January 2015 (WT/DSB/M/355). The following delegations made statements: China, the United States, Australia, Canada and India.

·    "Argentina – Measures Affecting the Importation of Goods": The DSB adopted the Appellate Body Reports contained in WT/DS438/AB/R – WT/DS444/AB/R – WT/DS445/AB/R and the Panel Reports contained in WT/DS438/R and Add.1 – WT/DS444/R and Add.1 – WT/DS445/R and Add.1, as modified and upheld respectively by the Appellate Body Reports at its meeting on 26 January 2015 (WT/DSB/M/356). The following delegations made statements: the European Union, the United States, Japan, Argentina, Chinese Taipei, Brazil, Australia, Canada, Norway and India.

·    "United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam": The DSB adopted the Appellate Body Report contained in WT/DS429/AB/R and the Panel Report contained in WT/DS429/R and Add.1, as upheld by the Appellate Body Report at its meeting on 22 April 2015 (WT/DSB/M/360). The following delegations made statements: Viet Nam, the United States, Korea, Cuba and the Bolivarian Republic of Venezuela.

·    "United States – Certain Country of Origin Labelling (COOL) Requirements: Recourse to Article 21.5 of the DSU by Canada and Mexico": The DSB adopted the Appellate Body Reports contained in WT/DS384/AB/RW – WT/DS386/AB/RW and the Panel Reports contained in WT/DS384/RW and Add.1 – WT/DS386/RW and Add.1, as modified by the Appellate Body Reports at its meeting on 29 May 2015 (WT/DSB/M/362). The following delegations made statements: Canada, Mexico and the United States.

·    "India – Measures Concerning the Importation of Certain Agricultural Products": The DSB adopted the Appellate Body Report contained in WT/DS430/AB/R and the Panel Report contained in WT/DS430/R and Add.1, as modified by the Appellate Body Report at its meeting on 19 June 2015 (WT/DSB/M/364). The following delegations made statements: the United States, India, the European Union, Norway and Japan.

·    "Ukraine – Definitive Safeguard Measures on Certain Passenger Cars": The DSB adopted the Panel Report contained in WT/DS468/R and Add.1 at its meeting on 20 July 2015 (WT/DSB/M/365). The following delegations made statements: Japan, Ukraine and the European Union.

·    "Peru – Additional Duty on Imports of Certain Agricultural Products": The DSB adopted the Appellate Body Report contained in WT/DS457/AB/R and Add.1 and the Panel Report contained WT/DS457/R and Add.1, as modified by the Appellate Body Report, at its meeting on 31 July 2015 (WT/DSB/M/366). The following delegations made statements: Guatemala, Peru and the United States.

·    "United States – Measures Affecting the Importation of Animals, Meat and Other Animal Products from Argentina": The DSB adopted the Panel Report in WT/DS447/R and Add.1 at its meeting on 31 August 2015 (WT/DSB/M/367). The following delegations made statements: Argentina and the United States.

·    "China – Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States: Recourse to Article 21.5 of the DSU by the United States": the DSB adopted the Panel Report in WT/DS414/RW and Add.1 at its meeting on 31 August 2015 (WT/DSB/M/367). The following delegations made statements: the United States and China.

·    "China – Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes from Japan"/"China – Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes from the European Union": The DSB adopted the Appellate Body Reports contained in WT/DS454/AB/R – WT/DS460/AB/R and Add.1 and the Panel Reports contained in WT/DS454/R – WT/DS460/R and Add.1 and Corr.1, as modified by the Appellate Body Reports at its meeting on 28 October 2015 (WT/DSB/M/369). The following delegations made statements: Japan, the European Union, China, the United States, Brazil, India and Korea.

7  statements of intentions in respect of implementation pursuant to Article 21.3 of the dsu

7.1.  The DSB took note of Members' statements of intentions with respect to implementation of the DSB recommendations and rulings in connection with nine disputes:

·    "United States – Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India": The United States informed the DSB of its intentions in respect of implementation of the recommendations and rulings of the DSB in this dispute at the DSB on 16 January 2015 (DS436; WT/DSB/M/355). The following delegations made statements: the United States and India.

·    "United States – Countervailing Duty Measures on Certain Products from China": The United States informed the DSB in writing of its intentions in respect of implementation of the recommendations and rulings of the DSB in this dispute on 13 February 2015 (WT/DS437/12). The United States further confirmed its intentions in respect of implementation of the recommendations and rulings of the DSB in this dispute at the DSB meeting on 23 February 2015 (WT/DSB/M/357). The following delegations made statements: the United States and China.

·    "Argentina – Measures Affecting the Importation of Goods": Argentina informed the DSB of its intentions in respect of implementation of the recommendations and rulings of the DSB in these disputes at the DSB meeting on 23 February 2015 (DS438 - DS444 – DS445; WT/DSB/M/357). The following delegations made statements: Argentina, the European Union, the United States and Japan.

·    "United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam": The United States informed the DSB of its intentions in respect of implementation of the recommendations and rulings of the DSB in this dispute at the DSB meeting on 20 May 2015 (DS429; WT/DSB/M/361). The following delegations made statements: the United States, Viet Nam, China, Cuba and the Bolivarian Republic of Venezuela.

·    "India – Measures Concerning the Importation of Certain Agricultural Products": India informed the DSB in writing of its intentions in respect of implementation of the recommendations and rulings of the DSB in this dispute on 13 July 2015 (WT/DS430/12). India further confirmed its intentions in respect of implementation of the recommendations and rulings of the DSB in this dispute at the DSB meeting on 20 July 2015 (WT/DSB/M/365).The following delegations made statements: India and the United States.

·    "Ukraine – Definitive Safeguard Measures on Certain Passenger Cars": Ukraine informed the DSB in writing of its intentions in respect of implementation of the recommendations and rulings of the DSB in this dispute on 17 August 2015 (WT/DS468/9). Ukraine further confirmed its intentions in respect of implementation of the recommendations and rulings of the DSB in this dispute at the DSB meeting on 31 August 2015 (WT/DSB/M/367). The following delegations made statements: Ukraine and Japan.

·    "Peru – Additional Duty on Imports of Certain Agricultural Products": Peru informed the DSB of its intentions in respect of implementation of the recommendations and rulings of the DSB in this dispute at the DSB meeting on 31 August 2015 (DS457; WT/DSB/M/367). The following delegations made statements: Peru and Guatemala.

8  status reports on progress in the implementation of the recommendations adopted by the DSB

8.1.  The DSB received status reports with respect to implementation of DSB rulings and recommendations during the period considered in this Report with regard to seven matters as follows:

·    "United States – Section 211 Omnibus Appropriations Act of 1998": status reports by the United States (WT/DS176/11/Add.144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154) submitted at the DSB meetings held on 17 December 2014 (WT/DSB/M/353), 26 January 2015 (WT/DSB/M/356), 23 February 2015 (WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015 (WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015 (WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015 (WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015 (WT/DSB/M/369). In the course of the year, the following Members made statements on this matter: the United States (11 times), the European Union (11), Angola (8), Antigua and Barbuda, on behalf of the OECS (1), Argentina (11), the Bolivarian Republic of Venezuela (11), Brazil (11), China (11), Cuba (11), Dominica, on behalf of the OECS (2), the Dominican Republic (5), Ecuador (11), El Salvador (11), India (11), Jamaica (9), Kenya (1), Mexico (11), Nicaragua (11), Paraguay (3), Pakistan (1), Peru (7), the Plurinational State of Bolivia (9),the Russian Federation (11), Trinidad and Tobago (9), Uruguay (9), Viet Nam (11) and Zimbabwe (9).

·    "United States – Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan": status reports by the United States (WT/DS184/15/Add.144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154) submitted at the DSB meetings held on 17 December 2014 (WT/DSB/M/353), 26 January 2015 (WT/DSB/M/356), 23 February 2015 (WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015 (WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015 (WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015 (WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015 (WT/DSB/M/369). In the course of the year, statements on this matter were made by the United States (11 times) and Japan (11).

·    "United States – Section 110(5) of the US Copyright Act": status reports by the United States (WT/DS160/24/Add.119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129) submitted at the DSB meetings held on 17 December 2014 (WT/DSB/M/353), 26 January 2015 (WT/DSB/M/356), 23 February 2015 (WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015 (WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015 (WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015 (WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015 (WT/DSB/M/369). In the course of the year, statements on this matter were made by the United States (11 times) and the European Union (11).

·    "European Communities – Measures Affecting the Approval and Marketing of Biotech Products": status reports by the European Union (WT/DS291/37/Add.82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92) submitted at the DSB meetings held on 17 December 2014 (WT/DSB/M/353), 26 January 2015 (WT/DSB/M/356), 23 February 2015 (WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015 (WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015 (WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015 (WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015 (WT/DSB/M/369). In the course of the year, statements on this matter were made by the European Union (11 times) and the United States (11).

·    "United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam": status reports by the United States (WT/DS404/11/Add.30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40) submitted at the DSB meetings held on 17 December 2014 (WT/DSB/M/353), 26 January 2015 (WT/DSB/M/356), 23 February 2015 (WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015 (WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015 (WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015 (WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015 (WT/DSB/M369). In the course of the year, statements on this matter were made by the United States (11 times), Viet Nam (11), Cuba (11), Nicaragua (2) and the Bolivarian Republic of Venezuela (11).

·    "European Communities – Measures Prohibiting the Importation and Marketing of Seal Products": status reports by the European Union (WT/DS400/16 – WT/DS401/17 and Add.1, 2, 3, 4, 5, 6, 7) submitted at the DSB meetings held on 25 March 2015 (WT/DSB/M/359), 22 April 2015 (WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015 (WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015 (WT/DSB/M/367) 28 September 2015 (WT/DSB/M/368) and 28 October 2015 (WT/DSB/M/369). In the course of the year, statements on this matter were made by the European Union (8 times), Canada (8) and Norway (8).

·    "United States – Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India": status report by the United States (WT/DS436/14) submitted at the DSB meeting held on 28 October 2015 (WT/DSB/M/369). Statements were made by the United States and India.

9  matters raised by members pursuant to Article 21.6 of the dsu (Surveillance and implementation)

9.1.  The DSB considered at several meetings the implementation of the DSB recommendations and rulings with respect to four matters:

·    "United States – Continued Dumping and Subsidy Offset Act of 2000" (DS217; DS234): The European Union and Japan raised the implementation of the DSB recommendations and rulings in these disputes at the DSB meetings held on 17 December 2014 (WT/DSB/M/353), 26 January 2015 (WT/DSB/M/356), 23 February 2015 (WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015 (WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015 (WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015 (WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015 (WT/DSB/M/369). In the course of the year, the following delegations made statements: the European Union (11 times), Japan (11), Brazil (11), Canada (11), India (11), China (2) and the United States (11).

·    "China – Certain Measures Affecting Electronic Payment Services" (DS413): The United States raised the implementation of the DSB recommendations and rulings in this dispute at the DSB meetings held on 17 December 2014 (WT/DSB/M/353), 26 January 2015 (WT/DSB/M/356), 23 February 2015 (WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015 (WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015 (WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015 (WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015 (WT/DSB/M/369). In the course of the year, the following delegations made statements: the United States (11 times) and China (11).

·    "Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines" (DS371): the Philippines raised the implementation of the DSB recommendations and rulings in this dispute at the DSB meetings held on 17 December 2014 (WT/DSB/M/353), 26 January 2015 (WT/DSB/M/356), 23 February 2015 (WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015 (WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015 (WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015 (WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015 (WT/DSB/M/369). In the course of the year, the following delegations made statements: the Philippines (11 times) and Thailand (10).

10  Recourse to Article 22.2 of the DSU (compensation and suspension of concessions)

10.1.  One matter raised in the DSB had been referred to arbitration under Article 22.6 of the DSU:

·    "United States – Certain Country of Origin Labelling (COOL) Requirements": At the DSB meeting on 17 June 2015, following Canada's request under Article 22.2 of the DSU contained in WT/DS384/35, the matter raised by the United States in document WT/DS384/36 has been referred to arbitration under Article 22.6 of the DSU (WT/DSB/M/363). The following delegations made statements: Canada, the United States and the European Union.

·    "United States – Certain Country of Origin Labelling (COOL) Requirements": At the DSB meeting on 17 June 2015, following Mexico's request under Article 22.2 of the DSU contained in WT/DS386/35, the delegations of Mexico and the United States made statements, and the item by Mexico was not included on the Agenda (WT/DSB/M/363). Following the meeting, the delegation of the United States circulated a communication in document WT/DS386/36 concerning arbitration under Article 22.6 of the DSU.

11  Other Matters

11.1.  The DSB also considered a variety of other matters.

11.2.  Decisions proposed by the parties to the dispute approving the extension of the time-period for DSB adoption of Panel Reports by negative consensus in order to accommodate the workload and scheduling constraints of the Appellate Body:

·    At the DSB meeting held on 17 December 2014, pursuant to the joint request by Peru and Guatemala, the DSB adopted a draft decision, as set out in document WT/DS457/6 pertaining to the dispute: "Peru – Additional Duty on Imports of Certain Agricultural Products" (WT/DSB/M/353). The representatives of Peru, Guatemala and the United States made statements.

·    At the DSB meeting held on 25 March 2015, pursuant to the joint request by Japan and China, the DSB adopted a draft decision, as set out in document WT/DS454/6 pertaining to the dispute: "China – Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes (HP-SSST) from Japan" (WT/DSB/M/359). The representatives of Japan, China and the United States made statements.

·    At the DSB meeting held on 25 March 2015, pursuant to the joint request by the European Union and China, the DSB adopted a draft decision, as set out in document WT/DS460/6 pertaining to the dispute: "China – Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes (HP-SSST) from the European Union" (WT/DSB/M/359). The representatives of the European Union and China made statements.

11.3.  At the DSB meeting held on 25 March 2015, the Chairman made a statement regarding a communication from the Appellate Body, set out in document WT/AB/23, concerning guidelines for WTO Members in connection with the submission of executive summaries of written submissions in appellate proceedings (WT/DSB/M/359).

11.4.  At the DSB meeting held on 25 March 2015, the Chairman made a statement regarding the workload before the Appellate Body and the delays at the panel stage (WT/DSB/M/359).

11.5.  At the DSB meeting held on 20 May 2015 (WT/DSB/M/361), China made a statement regarding its implementation of the DSB recommendations and rulings in the dispute on: "China – Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum" (DS431 - DS432 - DS433). The representatives of the United States, the European Union and Japan also made statements on this matter.

11.6.  At the DSB meeting held on 20 July 2015 (WT/DSB/M/365), the European Union made a statement regarding its communication contained in WT/DS386/38 pertaining to referral to arbitration under Article 22.2 of the DSU in the dispute: "United States - Certain Country of Origin Labelling (COOL) Requirements". The representatives of the United States, Mexico, Canada, Japan, Argentina, Chinese Taipei, Brazil and Norway also made statements on this matter.

11.7.  At the DSB meeting held on 20 July 2015 (WT/DSB/M/365), Argentina made a statement regarding its agreement with the European Union, the United States and Japan on a reasonable period of time for implementation in the disputes on: "Argentina – Measures Affecting the Importation of Goods" (WT/DS438/22 – WT/DS444/22 – WT/DS445/23).

11.8.  At the DSB meeting held on 31 August 2015 (WT/DSB/M/367), the United States made a statement regarding its implementation of the DSB recommendations and rulings in the dispute on: "United States – Countervailing and Anti-Dumping Measures on Certain Products from China" (DS449). The representative of China also made a statement on this matter.

11.9.  At the DSB meeting held on 31 August 2015 (WT/DSB/M/367), Korea expressed concerns about delays in the dispute settlement process. The following delegations made statements: the United States, Guatemala, Chile, China, Australia, the Russian Federation, Mexico, Pakistan, Japan, Brazil, Canada, India, the European Union, Argentina, Chinese Taipei and Norway.

11.10.  At the DSB meeting held on 28 September 2015 (WT/DSB/M/368), the Chairman of the DSB made a statement regarding the presentation by the Director-General, to be made at the regular meeting in October 2015, concerning the current challenges facing the dispute settlement system. Korea also made a statement on this matter. At the DSB meeting held on 28 October 2015 (WT/DSB/M/369), the Director-General made a presentation regarding dispute settlement activities. The following delegations made statements: Canada, China, Japan, Korea, Singapore, the European Union, Norway, Mexico, New Zealand, Australia, the United States, Chinese Taipei, Brazil, India, Guatemala, Argentina, Saudi Arabia and the Russian Federation.

11.11.  At the DSB meeting held on 28 October 2015 (WT/DSB/M/369), Ukraine made a statement regarding its implementation of the DSB recommendations and rulings in the dispute on; "Ukraine – Definitive Safeguard Measures on Certain Passenger Cars" (DS468). Japan also made a statement on this matter.

11.12.  At the DSB meeting held on 28 October 2015 (WT/DSB/M/369), Argentina made a statement regarding the implementation by the United States of the DSB recommendations and rulings in the dispute on: "United States – Measures Affecting the Importation of Animals, Meat and Other Animal Products from Argentina" (DS447). The representatives of the United States and the European Union also made statements on this matter.

12  conclusion

12.1.  This brief overview demonstrates that during the period from 17 December 2014 through 28 October 2015, the DSB was called upon to consider a variety of significant matters and took a number of important decisions. As set out in detail above, the DSB approved a total of five new nominations proposed for inclusion on the Indicative List of Governmental and Non-Governmental Panelists. It established 15 Panels in accordance with Article 6 of the DSU and two Panels in accordance with Article 9.1 of the DSU. It adopted 15 Panel Reports, contained in 12 documents, and 12 Appellate Body Reports, contained in 8 documents. In three cases, the DSB approved the extension of the time-period for DSB adoption of Panel Reports by negative consensus in order to accommodate the workload and scheduling constraints of the Appellate Body. One matter raised in the DSB had been referred to arbitration under Article 22.6 of the DSU. As part of its surveillance function, the DSB considered status reports on implementation with regard to seven matters.

12.2.  This report also underscores that the WTO dispute settlement mechanism is operating at a very high level of activity. This is positive in that it demonstrates Members' continuing confidence in the system, but it is also presenting challenges in coping with the resultant workload.

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[1] WT/DSB/64.

[2] This report includes activities that took place during meetings of the DSB from 17 December 2014 through 28 October 2015.

[3] Previous Annual Reports included an overview of the state of play of WTO disputes. The overview was intended to serve as a ready resource for delegations to obtain a quick and general overview of the status of disputes in the system. By 2014, the overview had grown to some 150 pages. Therefore, in the light of its length and given that all information included in the overview is easily accessible on the WTO website, the Secretariat no longer intends to produce the overview.