Adoption of reports back to top
When a panel report comes out, it is either adopted by the Dispute
Settlement Body or appealed by one or more parties to the dispute. When
the Appellate Body report comes out, it is automatically adopted by the
DSB — unless there is consensus to reject it — and becomes binding.
Adoption of panel report
DS290: European Communities — Protection of trademarks and geographical
indications for agricultural products and foodstuffs
The US said that the panel report provided useful guidance with respect to
geographical indications. The US commented, inter alia, on the
discriminatory nature of the EC geographical indications (GI) regulation,
on the necessity for the EC to provide foreign companies with direct
access to its GI registry, and also on the relationship between GIs and
Australia welcomed the adoption of the report. Australia commented on the
discrepancy between the EC's ambitious agenda on GIs in the Doha
negotiations and its problems with its own domestic GI regime.
The EC was disappointed that the panel failed to acknowledge how EC
regulation allowed foreign and European GIs to register on the same
conditions. The EC, however, was very pleased that the panel found the key
aspects of the EC regime on GIs to be compatible with WTO rules.
Canada was pleased that the panel corroborated Canada's claim that the EC
regulation violated the principle of national treatment.
India noted the panel's finding that national treatment obligations cannot
be conditioned on reciprocity.
The DSB adopted the panel report.
Adoption of Appellate Body and panel reports
DS285: United States
— Measures affecting the cross-border supply of
gambling and betting services
Antigua and Barbuda said that it had some concerns with some of the
Appellate Body's statements and decisions but that it was generally
satisfied. It added that it looked forward to the US' implementation and
that it would monitor it closely.
The US said that it was pleased that the Appellate Body reversed or
modified key findings of the panel, which it called “flawed”. The US then
commented on several aspects of the Appellate Body report, including the
issue of whether or not the US had made a commitment on gambling and
The EC welcomed the Appellate Body report and noted that the ruling
confirmed a number of legal arguments presented by the EC.
Japan welcomed the Appellate Body's approach in finding that the US had
indeed made a commitment in respect of gambling and betting services.
The DSB adopted the Appellate Body report and the panel report as modified
by the Appellate Body report.
Implementation back to top
After a ruling has been adopted, the DSB keeps under surveillance the
implementation of the ruling until the issue is resolved.
Within 30 days after the date of adoption, the Member concerned must
inform the DSB of its intentions in respect of implementation of the
Six months after the implementation time period has been fixed, the Member
must start presenting at each DSB a status report of its implementation —
until full implementation.
DS267: US — Subsidies on upland cotton
The US said that it intended to implement and had begun to evaluate
options for doing so. The US said that it would need a reasonable period
Brazil complained that the US' statement was not detailed enough. Brazil
said that the US Administration should be able to give a more elaborate
description of its work so far, especially given the fact that expedited
timeframes applied to implementation of DSB rulings under the Subsidies
Agreement. Brazil recalled that the panel had made recommendations
concerning the implementation period of time in this dispute.
The EC argued that, since the ruling identified violations under both the
Subsidies and the Agriculture Agreement, the US was entitled a reasonable
period of time in order to come into conformity with the Agriculture
The US and Brazil agreed to discuss the implementation period.
Implementation status reports
DS324: US — Continued Dumping and Subsidy Offset Act of 2000 (Byrd
In its status report, the US reminded the DSB that on 3 March 2005
legislation that would repeal the Byrd Amendment was introduced in the US
House of Representatives.
The EC announced that on 31 March 2005 the European Commission had adopted
a proposal to impose as from 1 May 2005 a 15% additional import duty on
certain US products. The EC added that this proposal had been transmitted
to the Council of the European Union for discussion and adoption. The EC
recalled that more than US$ 1 billion had already been collected on
imported products and redistributed to the competing US products and that
US$ 1.6 billion could be distributed in October 2005. The EC said that new
distribution of collected duties under the Continued Dumping and Subsidy
Offset Act of 2000 was not acceptable.
Similarly, Canada said that on 31 March 2005 it had announced that it was
proceeding with imposing retaliatory measures against the US.
Japan said that it was observing carefully how the US Congress was
proceeding with the consideration of the repealing bill. Japan added that
if the current situation prevailed, it intended to take appropriate
actions to address such situation.
DS246: European Communities
— Conditions for the granting of tariff
preferences to developing countries
The EC announced that on 20 October 2004, the European Commission had
proposed to the Council of the European Union a new General System of
Preferences (GSP) regulation, which would, inter alia, repeal the “Drug
Arrangements”. The EC explained that this proposal was currently under
discussion within the Council. The EC said that it was confident that it
would fully respect the implementation deadline of 1 July 2005.
India noted the EC's announcement.
Other implementation cases
There are no new developments to report since the last DSB meeting on the
DS176: US — Section 211 Omnibus Appropriations Act of 1998
DS184: US — Anti-dumping measures on certain hot-rolled steel products
DS160: United States — Section 110(5) of the US Copyright Act.
DS204: Mexico — Measures affecting telecommunications services.
meeting back to top
The next regular DSB meeting will
be on 19 May 2005.