Prior to the meeting, the DSB chair announced that China had notified the DSB of its decision to appeal the report that examined US measures restricting imports on certain Chinese tyres (WT/DS399/R). Consequently, the report was not considered for adoption by the DSB and this issue was removed from the agenda.  

 

Panel request

DS421: Moldova — Measures Affecting the Importation and Internal Sale of Goods (Environmental Charge)

Ukraine requested for the first time the establishment of a panel (WT/DS421/4) to review the charges imposed by Moldova on imported products for environmental reasons.  

The DSB deferred the establishment of the panel following Moldova's objection.

Ukraine said it raised this issue with Moldova several times over the years in a bilateral format and at different levels. Ukraine said it had encouraged Moldova to bring the long-standing measure in compliance with WTO rules. Ukraine requested consultations on 21 February 2011 (WT/DS421/1) and said that these consultations were not possible because Moldova failed to respond to Ukraine's request within 10 days and did not enter into consultations in good faith within a period of no more than 30 days after the consultation request (see article 4.3 of the Dispute Settlement System on consultations procedure). Ukraine said it requested the establishment of a panel after having waited for more than 60 days following the consultations request.

 

Appellate Body members selection process

At the last DSB meeting (21 April 2011) the DSB Chair, Ambassador Johansen (Norway) announced that the first term of two Appellate Body members, Ms Lilia Bautista (The Philippines) and Ms Jennifer Hillman (US) will expire on 10 December 2011. Under article 17.2 of the Dispute Settlement System, Appellate Body members are appointed by the DSB for a 4 year term, renewable once. She added that Appellate Judge Lilia Bautista would not seek reappointment for a second term and Appellate Judge Jennifer Hillman was not requesting the DSB to consider her for reappointment.

Therefore, the DSB Chair proposed today a selection process with respect to these Appellate Body positions, which Members adopted.

They agreed to:

• Launch the selection process as from 24 May 2011;
• Set a deadline of 31 August 2011 for Members' nominations of candidates for the two positions;  
• Establish a Selection Committee, based on the procedure set out in document WT/DSB/1, which would consist of the Director-General and the 2011 Chairpersons of the General Council, Goods Council, Services Council, TRIPS Council and the DSB (see press release on 2011 WTO chairpersons), and which would be presided by the 2011 DSB Chair;
• Request the Selection Committee to conduct interviews with candidates and to hear views of WTO Members in September/October 2011;
• Make recommendations to the DSB by 10 November 2011, for the DSB to take a final decision at the latest at its meeting on 21 November 2011.

  

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Next meeting 

At the request of the US, a special DSB meeting will be held on 1 June 2011 to adopt the Appellate Body and the Panel Reports (WT/DS316/AB/R and WT/DS316/R) in the dispute:  “European Communities and Certain Member States — Measures Affecting Trade in Large Civil Aircraft”. 

The next regular meeting of the DSB will be held on 17 June 2011.