European Union – Anti-Dumping Measures on Biodiesel from Argentina
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 19 July
2016, from the Chair of the Appellate Body to the Chair of the Dispute
Settlement Body, is being circulated to Members.
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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 (the
"DSB") 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.
The European Union
notified the DSB on 20 May 2016 of its decision to appeal certain issues of law
covered in the Panel Report and legal interpretations developed by the Panel in
this case, with the result that the 60‑day period expires on Tuesday, 19 July
2016. Due to the time required to hear and decide this appeal, the Appellate
Body is not able to circulate its Report by this date.
The Appellate Body faces a
substantial workload in 2016, with several appeals proceeding in parallel, and there
is overlap in the composition of the Divisions hearing the different appeals.
Due to the scheduling issues arising from these circumstances, the number and
complexity of the issues raised in this and concurrent appellate proceedings, together
with the demands that these concurrent appeals place on the
WTO Secretariat's translation services, and shortage of staff in the
Appellate Body Secretariat, the Appellate Body will not be able to circulate
its Report in this dispute within the 90‑day timeframe provided for in
Article 17.5 of the DSU.
The circulation date of
the Appellate Body Report in this appeal will be communicated to the participants
and third participants after the oral hearing.
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