DS522: Canada — Measures Concerning Trade in Commercial Aircraft

DS522: Canada — Measures Concerning Trade in Commercial Aircraft

The Latest News:

On February 5, 2019, the Chair of the panel requested the DSB in separate communications to circulate to Members changes made to the partial timetable, resulting from a joint request from the parties, as well as to the additional Working Procedures for the protection of business confidential information and highly sensitive business information.

Description Date Time
a.  First written submissions

i.  Brazil

14 December 2018 5 p.m.

ii.  Canada

8 May 2019 5 p.m.
b.  Third parties’ written submissions 29 May 2019 5 p.m.
c.  First substantive meeting with the parties 17 – 18 July 2019 10 a.m. to 5 p.m.
 Third-party session 18 July 2019 10 a.m.

The Dispute:

On February 8, 2017, Brazil requested consultations with Canada with respect to measures concerning trade in commercial aircraft.  Brazil claimed that the measures appear to be inconsistent with Articles 3.1(a), 3.1(b), 3.2, 5(c), 6.3(a), 6.3(b), 6.3(c), 6.4 and 6.5 of the Agreement on Subsidies and Countervailing Measures (“SCM Agreement”).

On February 23, 2017, Japan requested to join the consultations. On February 24, 2017, the European Union and the United States requested to join the consultations. Subsequently, Canada informed the Dispute Settlement Board (“DSB”) that it had accepted the requests of the European Union, Japan and the United States to join the consultations.

Panel and Appellate Body Proceedings:

On August 18, 2017, Brazil requested the establishment of a panel. At its meeting on August 31, 2017, the DSB deferred the establishment of a panel.  At its meeting on September 29, 2017, the DSB established a panel. China, the European Union, Japan, the Russian Federation, Singapore and the United States reserved their third-party rights.

There have been some procedural challenges, but the Panel was composed in February 2018.

On June 18, 2018, the Chair of the panel informed the DSB that due to the complexity of the dispute, the panel expected to issue its final report to the parties by the second half of 2019.

On September 24, 2018, further to paragraph 2(5) of the panel’s Working Procedures, the Chair of the panel requested the DSB in separate communications to circulate to Members: (i) five partial timetables adopted by the panel between March and September 2018, (ii) the Working Procedures adopted by the panel on March 9, 2018 and (iii) the additional Working Procedures for the protection of business confidential information and highly sensitive information adopted by the panel on 27 July 2018.

For the full list of documents filed with the WTO, click here.

Stay Tuned…

We will provide updates on this blog as the Panel’s report becomes available.

John Reiterowski, DS Lawyers Canada, LLP

jreiterowski@dsavocats.ca

DS Customs & Trade team located in Paris, Brussels, Montreal, Toronto, Lima, Singapore, Vietnam, Beijing, Guangzhou, Dakar and Cotonou is at your disposal to provide you with additional information.

CONTACT US:

dscustomsdouane@dsavocats.com

 

 

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s