European Communities – Measures Prohibiting the Importation and Marketing of Seal Products

Communication from Norway and the European Union concerning
Article 21.3(c) of the DSU

The following communication, dated 24 July 2014, from the delegation of Norway and the delegation of the European Union to the Chairperson of the Dispute Settlement Body, is circulated at the request of these delegations.

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On 18 June 2014, the Dispute Settlement Body ("DSB") adopted its recommendations and rulings in the dispute European Communities – Measures Prohibiting the Importation and Marketing of Seal Products (WT/DS401/AB/R, WT/DS401/R and WT/DS401/R/Add.1). At the meeting of the DSB held on 10 July 2014, the European Union stated that it intends to implement the recommendations and rulings of the DSB in this dispute in a manner that respects its WTO obligations. The European Union also said that it would need a reasonable period of time for implementation.

Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of time, the reasonable period of time shall be determined "through binding arbitration within 90 days after the date of adoption of the recommendations and rulings".

In order to allow sufficient time for the parties to discuss a mutually agreed period, Norway and the European Union (i) agree that, in the event an arbitration under Article 21.3(c) of the DSU is requested, it shall be completed no later than 60 days after the date of the appointment of an arbitrator, unless the arbitrator, following consultation with the parties, considers that additional time is required and (ii) hereby confirm that any award of the arbitrator (including an award not made within 90 days after the date of adoption of the DSB recommendations and rulings) shall be deemed to be an award of the arbitrator for the purposes of Article 21.3(c) of the DSU in determining the reasonable period of time for the European Union to implement the recommendations and rulings of the DSB.

We request that you circulate this notification to the Members of the DSB.

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