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Statements by the U.S. Representative
At the Meeting of the WTO Dispute Settlement Body (DSB)

Geneva
September 23, 2005

Item 1. EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES - MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

A. INITIATION OF THE PROCEDURES FOR DEVELOPING INFORMATION CONCERNING SERIOUS PREJUDICE UNDER ANNEX V OF THE SCM AGREEMENT AND DESIGNATION OF THE REPRESENTATIVE REFERRED TO IN PARAGRAPH 4 OF THAT ANNEX (WT/DS316/2)

· Mr. Chairman, the United States has been seeking for over two months to have the DSB initiate the procedures provided for in Annex V of the SCM Agreement in this dispute, which is the United States challenge to the EC’s subsidies to Airbus. We understand that the EC is finally in a position to allow the Annex V process to move forward.

· Accordingly, today we are renewing our request that the DSB initiate the procedures provided for in Annex V, pursuant to paragraph 2 of that Annex. We look forward to beginning the process of developing information under that Annex.

· In addition, we also request that the DSB designate Mr. Mateo Diego Fernández as the representative that will facilitate the information gathering process pursuant to paragraph 4 of Annex V.

· We would also like to take this opportunity to thank you, Mr. Chairman, for your assistance in helping the parties to reach agreement on the representative. We very much appreciate the time and the effort that you have devoted to this matter.


Item 2. UNITED STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

A. INITIATION OF THE PROCEDURES FOR DEVELOPING INFORMATION CONCERNING SERIOUS PREJUDICE UNDER ANNEX V OF THE SCM AGREEMENT AND DESIGNATION OF THE REPRESENTATIVE REFERRED TO IN PARAGRAPH 4 OF THAT ANNEX (WT/DS317/2)

· Mr. Chairman, as mentioned with respect to the previous agenda item, we are pleased that the EC is finally willing to allow the Annex V process to go forward in DS316.

· We agree to the initiation of Annex V proceedings in this dispute, and to the designation of Mr. Diego-Fernández as the DSB’s representative, and we look forward to beginning the process of developing information under that annex.

· Of course, our joining the consensus to commence Annex V proceedings in DS317 extends only to the programs and measures that were properly included in the EC’s panel request, namely those consulted upon pursuant to their inclusion in the EC’s consultation request.

· We would also like to thank you once again, Mr. Chairman, for your efforts to help the parties reach agreement on the representative.

· In addition, we would like to take this opportunity to express our thanks to Mr. Diego-Fernández for his willingness to serve as the representative of the DSB in both disputes on today’s agenda.

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