INTRODUCTION

A. Request for Consultations and Request for the Establishment of a Panel

1.1 On 8 November 2004, the European Communities requested consultations with the United States pursuant to Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”) and Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”) regarding the United States' continued suspension of concessions and other obligations under the covered agreements, after the European Communities' adoption of Directive 2003/74/EC on 22 September 2003 and its notification to the Dispute Settlement Body (DSB) that it has fully implemented the recommendations and rulings of the DSB in the dispute European Communities – Measures Concerning Meat and Meat Products (Hormones) (EC – Hormones). The consultation request was circulated in document WT/DS320/1 dated 10 November 2004. The consultations were held on 16 December 2004 but the parties failed to reach a mutually satisfactory resolution of the dispute.

1.2 On 14 January 2005, the European Communities requested the establishment of a Panel pursuant to Articles 4.7 and 6 of the DSU, as well as Article XXIII of the GATT 1994.