On that basis, we agree with the Article 21.5 compliance panel in EC - Bananas III (requested by Ecuador) when it stated that ‘there is no suggestion in the text of Article 21.5 that only certain issues of consistency of measures may be considered’ (WT/DS27/RW/ECU, paragraph 6.8).”
　In fact, as noted above, 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. “Accordingly, in carrying out its review under Article 21.5 of the DSU, a panel is not confined to examining the ‘measures taken to comply’ from the perspective of the claims, arguments and factual circumstances that related to the measure that was the subject of the original proceedings. Although these may have some relevance in proceedings under Article 21.5 of the DSU, Article 21.5 proceedings involve, in principle, not the original measure, but rather a new and different measure which was not before the original panel. In addition, the relevant facts bearing upon the ‘measure taken to comply’ may be different from the relevant facts relating to the measure at issue in the original proceedings. It is natural, therefore, that the claims, arguments and factual circumstances which are pertinent to the ‘measure taken to comply’ will not, necessarily, be the same as those which were pertinent in the original dispute. Indeed, the utility of the review envisaged under Article 21.5 of the DSU would be seriously undermined if a panel were restricted to examining the new measure from the perspective of the claims, arguments and factual circumstances that related to the original measure, because an Article 21.5 panel would then be unable to examine fully the ‘consistency with a covered agreement of the measures taken to comply’, as required by Article 21.5 of the DSU.”8
　
　IVExamination of the New Measure in Its Totality and in Its Application
　While during the appeal in US-Shrimp (DS58) (21.5), Malaysia argues that the Panel improperly limited its analysis to the recommendations and rulings of the DSB, and thus failed to fulfill its mandate under Art. 21.5 of the DSU because it did not examine the consistency of the United States implementing measure with the relevant provisions of the GATT 1994. Malaysia argues as well that the Art. 21.5 Panel erroneously based its analysis entirely on the Appellate Body’s Report in the original proceedings. The Appellate Body observes that “Malaysia''s appeal on this point goes to the heart of what a panel is required to do in proceedings under Article 21.5 of the DSU”,9 and they continue to rule that: 10

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