313. The Chairperson informed the Council that on 23 July 2001, the United States and the European Communities had notified to the DSB their agreement to resort to arbitration pursuant to Article 25 of the DSU to determine the level of nullification or impairment of benefits to the EC in United States – Section 110(5) of the US Copyright Act. An award of the Arbitrators in this case had been notified to the DSB and the TRIPS Council on 9 November 2001 (IP/D/16/Add.2) and circulated in document WT/DS160/ARB25/1. On 7 January 2002, the EC had requested the authorization of the DSB to suspend its obligations under the TRIPS Agreement. At its meeting on 18 January 2002, the DSB had agreed that the matter raised by the EC should be referred to arbitration in accordance with Article 22.6 of the DSU (documents WT/DS160/19-21).
314. Continuing, he informed the Council that, at its meeting on 1 February 2002, the DSB had adopted the Appellate Body report on United States – Section 211 Omnibus Appropriations Act of 1998 (WT/DS176/AB/R) and the Panel report (WT/DS176/R), as modified by the Appellate Body report.
