. /.RESTRICTEDWORLD TRADE
ORGANIZATIONWT/GC/W/133
25 January 1999
(99-0290)
General Council Original:  English
REQUEST FOR AN AUTHORITATIVE INTERPRETATION PURSUANT
TO ARTICLE IX:2 OF THE MARRAKESH AGREEMENT
ESTABLISHING THE WORLD TRADE ORGANIZATION
Communication from the European Communities
The following communication addressed to the Chairman of the General Council and dated
21 January 1999 has been received from the European Communities with the request that it be
circulated to Members.
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My authorities have instructed me to reques t the General Council to adopt an authoritative
interpretative, pursuant to Article IX:2 of the Marrakesh Agreement establishing the World Trade
Organization, of certain provisions of the Dis pute Settlement Understa nding (DSU).  The two
questions on which the European Communities request an authoritative interpretation, concerning inparticular the interpretation of Articles 3.7, 21.5, 22.2, 22.6, 22.7 and 23 of the DSU, have been
annexed.WT/GC/W/133
Page 2
ANNEX
The European Communities submits the followin g questions to the WTO General Council for
an authoritative interpretation pursuant to Article IX:2 of the Marrakesh Agreement establishing theWorld Trade Organization.
In the light of Articles 3.7, 21.5, 22.2, 22.6, 22.7 and 23 of the Dispute Settlement
Understanding (DSU) taken together as a coherent set of rules governing the implementation of
recommendations of the Disput e Settlement Body (DSB),
in a situation where there is disagreement between WTO Members A and B as to the existence or
consistency with a covered agreement of measures taken by WTO Member B to comply with the
recommendations and rulings of the DSB addressed to  member B as a result of a dispute settlement
procedure initiated by WTO Member A:
Question 1
In this situation, is the DSB empowered to grant authorization to WTO Member A to suspend
concessions or other obligations against WTO Member B on the basis of a unilateral determination by
WTO Member A, i.e. in the absence of a panel or Appellate Body report adopted by the DSB, that
WTO Member B has failed to comply with the recommendations and rulings of the DSB?
YES………………….NO
Question 2
In this situation, is the DSB prevented from taking as the point of departure for the time
periods mentioned in Article 22.6 DSU the adoption by  the DSB of a panel or Appellate Body report
under the procedures pursuant to Article 21.5 DSU finding that WTO member B has failed to comply
with the recommendations and rulings of the DSB on the original complaint?
YES…………………..NO
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