WORLD TRADE
ORGANIZATIONWT/DS152/12
6 April 1999
(99-1379)
UNITED STATES – SECTIONS 301-310 OF THE TRADE ACT OF 1974
Constitution of the Panel Established at the Request
 of the European Communities
Note by the Secretariat
1. At its meeting on 2 March 1999, the DSB established a panel pursuant to the request of the
European Communities (WT/DS152/11), in accordance with Article 6 of the DSU.
2. At that meeting, the parties to the dispute agreed that the Panel should have standard terms of
reference.  The terms of reference are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by the European Communities in document  WT/DS152/11, the matter referred to the
DSB by the European Communities in that document and to make such findings as
will assist the DSB in making the recommendations or in giving the rulings provided
for in those agreements."
3. On 24 March 1999, the European Communities requested the Director-General to determine
the composition of the Panel, pursuant to paragraph 7 of Article 8 of the DSU.  Paragraph 7 ofArticle 8 provides:
"If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the composition of the panel by appointing thepanelists whom the Director-General considers most appropriate in accordance with
any relevant special or additional rules or procedures of the covered agreement or
covered agreements which are at issue in the dispute, after consulting with the parties
to the dispute.  The Chairman of the DSB shall inform the Members of the
composition of the panel thus formed no later than 10 days after the date theChairman receives such a request."
4. On 31 March 1999, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. David Hawes
Members: Mr. Terje Johannessen
Mr. Joseph Weiler
5. Brazil, Cameroon, Canada, Columbia, Costa Rica, Cuba, Dominica, Dominican Republic,
Ecuador, Hong Kong (China), India, Israel, Jama ica, Japan, Korea, St. Lucia, and Thailand, reserved
their rights as third parties to the dispute.  Cameroon later withdrew its reservation as a third party.
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