. /.  WORLD TRADE  
ORGANIZATION  WT/DS265/24 
WT/DS266/24 
WT/DS283/5 3 December 2004 
 
 
(04-5287) 
 Original:   English 
  
 
EUROPEAN COMMUNITIES – EX PORT SUBSIDIES ON SUGAR 
 
Procedural Agreement between Australia,
 
Brazil, Thailand and the European Communities  
regarding the Time-Period under Article 16.4 of the DSU  
 
 
 The following communication, dated 2 December  2004, from the delegations of Australia, 
Brazil, Thailand and the European Communities to th e Chairperson of the Dispute Settlement Body is 
circulated at the request of those delegations. 
 
_______________ 
 
  Australia, Brazil, Thailand and the European  Communities request that a meeting of the 
Dispute Settlement Body (DSB) be held on 13 D ecember 2004, as provided in Article 2.3 of the 
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), to consider the 
following item:  "European Communities – Export Subsidies on Sugar:  Procedural Agreement between Australia, Brazil, Thailand and the Eur opean Communities regarding the time-period under 
Article 16.4 of the DSU".  
 We request the DSB to agree to postpone the consideration of the panel reports "European 
Communities – Export Subsidies on Sugar" (WT/ DS265/R, WT/DS266/R and WT/DS283/R) and to 
the extension of the corresponding time-period in Article 16.4 of the DSU until 31 January 2005. 
  Please find below the text of the procedural ag reement between the parties to the disputes. 
 
 We would be grateful if you could circulate this document to WTO Members.   WT/DS265/24 
WT/DS266/24 WT/DS283/5 
Page 2 
  
EC – EXPORT SUBSIDIES ON SUGAR 
(WT/DS265, 266 and 283) 
 
Procedural Agreement between Australia, 
Brazil, Thailand and the European Communities 
regarding the time-period under Article 16.4 of the DSU 
 
1 December 2004 
 
 1. In order to take account of the end of year  period, and to avoid inconveniencing the appeal 
procedure, the above parties agree that the 60 day time-period in Article 16.4 of the Understanding on 
Rules and Procedures Governing the Settlement of Disputes (DSU) as applicable to the above 
disputes will be extended to 31 Janua ry 2005, and that the agreement of the Dispute Settlement Body 
(DSB) to this extension will be sought at a meeting of the DSB to be requested for 
13 December 2004. 
 
2. This extension is agreed on the understanding that the rights of the parties to the disputes with respect to adoption or appeal of the panel reports ar e preserved, as if such adoption or appeal had been 
requested within the 60 days speci fied in Article 16.4 of the DSU. 
 3. The European Communities (EC) will file its notice of appeal of the panel reports in these 
disputes on 13 January 2005, provided the DSB ag reement set out in paragraph 1 is obtained. 
 
4. If for any reason the EC does not file its notice of appeal on 13 January 2005, the 
complainants may, individually or jointly, requ est a DSB meeting for adoption of the panel reports 
within the extended 60 day period.  5. The parties also agree that the complainan ts will request a second meeting of the DSB for 
14 December 2004 for the adoption of the panel reports within the original 60 day period should this 
prove necessary, but that this request will be withdrawn should the DSB agreement set out in 
paragraph 1 above be obtained.  Signed:  
 
  H.E. Mr David Spencer H.E. Mr Luiz Felipe de Seixas Correa Ambassador Ambassador Permanent Representative of Australia  Permanent Representative of Brazil 
 
    
H.E. Mrs Puangrat Asavapisit H.E. Mr Carlo Trojan 
Ambassador Ambassador Permanent Representative of Thailand Permanent Representative of the EC 
 
__________ 