I have the
honour to refer to your letter of 16 December 2002 (WT/DS207/11), and to
confirm that I accept the appointment as arbitrator to determine, pursuant to
Article 21.3(c) of the Understanding on
Rules and Procedures Governing the Settlement of Disputes (the
"DSU"), the reasonable period of time for the Republic of Chile to
implement the recommendations and rulings of the DSB in Chile – Price Band System and Safeguard Measures Relating to
Certain Agricultural Products (WT/DS207).
With
respect to the time-period for the arbitration, Article 21.3(c) of the DSU
provides that the reasonable period of time for implementation be determined
through binding arbitration within 90 days after the date of adoption of
the recommendations and rulings by the DSB.
This adoption took place on 23 October 2002 (WT/DS207/8). Consequently, the deadline for concluding
this arbitration normally would be 21 January 2003. However, I note that both participants to
this dispute have agreed, in the letter of 16 December 2002, to extend the
period of time such that this arbitration be concluded no later than 90
days after my appointment as Arbitrator, and that the report issued thereunder
be deemed to be the award of the arbitrator pursuant to Article 21.3(c) of the
DSU. Accordingly, and in order to ensure
that all parties have an opportunity to present their arguments fully, and that
I have the time to consider carefully the arguments of the parties, I propose
to issue the award not later than Monday, 17 March
2003, which is 90 days from today.