United States – Definitive Safeguard Measures on Imports of Wheat Gluten from the European Communities (WT/DS166): Report of the Panel

Summary

INTRODUCTION

On 17 March 1999, the European Community requested consultations with the United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the “DSU”), Article XXII:1 of the General Agreement on Tariffs and Trade (“GATT 1994”), Article 14 of the Agreement on Safeguards (“SA”) and Article 19 of the Agreement on Agriculture with regard to the definitive safeguard measures imposed by the United States on imports of wheat gluten (WTO document WT/DS166/1).

On 1 April 1999, pursuant to paragraph 11 of Article 4 of the DSU, Australia notified its desire to be joined in the consultations under Article XXII:1 of GATT 1994 (WTO document WT/DS166/2).

The European Community and the United States held consultations on 3 May 1999 in Geneva, but failed to reach a mutually satisfactory solution.

On 3 June 1999, the European Community requested the establishment of a panel pursuant to Article XXIII of the GATT 1994, Articles 4 and 6 of the DSU, Article 19 of the Agreement on Agriculture and Article 14 SA, with regard to the definitive safeguard measures imposed by the United States on imports of wheat gluten (WTO document WT/DS166/3).

At its meeting on 26 July 1999, the Dispute Settlement Body (the “DSB”) established a Panel in accordance with the request made by the European Community in document WT/DS166/3.

At that meeting, the parties to the dispute also agreed that the Panel should have standard terms of reference. The terms of reference were, therefore, the following:

“To examine, in the light of the relevant provisions of the covered agreements cited by the European Community in document WT/DS166/3, the matter referred to the DSB by the European Community in document WT/DS166/3, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements”. (WTO document WT/DS166/4)

On 11 October 1999, the parties to the dispute agreed on the following composition of the Panel:

Chairman: Mr. Wieslaw Karsz

Members: Ms. Usha Dwarka-Canabady

Mr. Alvaro Espinoza

Australia, Canada and New Zealand reserved their rights to participate in the panel proceedings as third parties.

The Panel met with the parties on 20-21 December 1999 and 1-2 February 2000. It met with the third parties on 21 December 1999.