I. Introduction
1) On 1 November 1996, the
Dispute Settlement Body (the "DSB") adopted (WT/DSB/M/25) the
Appellate Body Report and the Panel Report, as modified by the Appellate Body
Report, in Japan ‑ Taxes on Alcoholic Beverages (WT/DS8/11,
WT/DS10/11 and WT/DS11/8). As required
by Article 21(3) of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (the "DSU"), Japan informed the DSB
on 20 November 1996 of its intentions in respect of the implementation of
the DSB's recommendations and rulings (WT/DSB/M/26). Japan indicated that it would not be able to
implement immediately but only within a "reasonable period of
time". Japan did not propose to the
DSB a "reasonable period of time" for the latter's approval as
provided for under Article 21(3)(a) of the DSU. It indicated that it would initiate
negotiations with the European Communities, the United States and Canada, the
other parties to the dispute, on what constitutes "a reasonable period of
time". These negotiations did not
succeed, and no mutual agreement within the meaning of Article 21(3)(b) of the DSU
was reached. The negotiations with the
European Communities did, however, lead to an agreement on an accelerated
reduction of the tariff rates on whisky and brandy as compensation for delayed
implementation, but this agreement does not prejudge their position on the
issue of a "reasonable period of time".