European Union and its Member States – Certain Measures Relating
to the Energy Sector

Communication from the Chairperson of the Panel

The following communication, dated 4 April 2017, addressed to the Chairperson of the Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute Settlement Understanding (DSU).

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Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides that the period in which a panel shall conduct its examination, from the date that the composition and terms of reference of the panel have been agreed upon until the date the final report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

        Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate the reasons, together with an estimate of the period within which it will issue its report.

        The Panel on European Union and its Member States – Certain Measures Relating to the Energy Sector (DS476) was established by the DSB on 20 July 2015 and composed on 7 March 2016. In its communication to the DSB of 18 August 2016 (WT/DS476/4), the Panel indicated that it expected to issue its final report to the parties in May 2017. However, it will not be possible for the Panel to issue its final report to the parties by that time, due to the complexity of the dispute and the large volume of evidence.

        The Panel expects to issue its final report to the parties no later than the end of 2017, in accordance with the revised timetable adopted after consultation with the parties.

        I would be grateful if you would circulate this letter to the Members of the DSB.

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