China - Measures Concerning Trade in Goods and Services

Request for the Establishment of a Panel by the European Union

The following communication, dated 7 December 2022, from the delegation of the European Union to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

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On 27 January 2022 the European Union requested consultations with the Government of the People's Republic of China ("China") pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"), in conjunction with Article XXII:1 of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"), Article 24.8 of the Trade Facilitation Agreement ("TFA"), Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement") and Article XXII of the General Agreement on Trade in Services ("GATS") in relation to measures adopted by, and attributable to, China, affecting the importation of goods from, and the exportation of goods to, the European Union ("EU") and affecting trade in services between the EU and China.

The European Union held consultations with China on 14 and 15 March 2022 with a view to reaching a mutually satisfactory settlement of the matter. Unfortunately, the consultations failed to settle the dispute.

Therefore, the European Union respectfully requests, pursuant to Articles 4 and 6 of the DSU, Article XXII:1 of GATT 1994, Article 24.8 of the TFA, and Article 11 of the SPS Agreement, that the Dispute Settlement Body establish a panel to examine this matter, based on the standard terms of reference as set out in Article 7.1 of the DSU.