In sum, Art. 21.5 proceedings involve, in principle, not the original measure, but rather a new and different measure which was not before the original panel. And the subject-matter of these proceedings is determined by two benchmarks: Art. 21.5 of the DSU and panel’s specific terms of reference set out in the request for establishment of a panel that refers, in turn, to the matter and relevant provisions of the covered agreements referred to the DSB.
　
　IIIPerspective of Review under Art. 21.5
　What discussed above is just one aspect of the mandate of a compliance panel under Art. 21.5 of the DSU. What should panels do in carrying appropriately out the review envisaged under Art. 21.5 of the DSU? In Australia-Salmon (DS18)（21.5）, the Compliance Panel rules, in pertinent part: 7
　“We note that Article 21.5 itself refers to two types of disagreements, namely disagreements as to ‘the existence or consistency with a covered agreement of measures taken to comply with
　　　　 recommendations and rulings’. Australia''s requests for preliminary rulings pertain to the second type of disagreements, those on the ‘consistency with a covered agreement of measures taken to comply with
　　　　 recommendations and rulings’.
　The reference to ‘disagreement as to the
　　　　 ] consistency with a covered agreement’ of certain measures, implies that an Article 21.5 compliance panel can potentially examine the consistency of a measure taken to comply with a DSB recommendation or ruling in the light of any provision of any of the covered agreements. Article 21.5 is not limited to consistency of certain measures with the DSB recommendations and rulings adopted as a result of the original dispute; nor to consistency with those covered agreements or specific provisions thereof that fell within the mandate of the original panel; nor to consistency with specific WTO provisions under which the original panel found violations. If the intention behind this provision of the DSU had been to limit the mandate of Article 21.5 compliance panels in any of these ways, the text would have specified such limitation. The text, however, refers generally to ‘consistency with a covered agreement’. The rationale behind this is obvious: a complainant, after having prevailed in an original dispute, should not have to go through the entire DSU process once again if an implementing Member in seeking to comply with DSB recommendations under a covered agreement is breaching, inadvertently or not, its obligations under other provisions of covered agreements. In such instances an expedited procedure should be available. This procedure is provided for in Article 21.5. It is in line with the fundamental requirement of ‘prompt compliance’ with DSB recommendations and rulings expressed in both Article 3.3 and Article 21.1 of the DSU.

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