WORLD TRADE
ORGANIZATIONWT/DS231/7
25 September 2001
(01-4608)
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Constitution of the Panel Established at the Request of Peru
Note by the Secretariat
1. At its meeting on 24 July 2001, in accordance with Article 6 of the Dispute Settlement
Understanding (DSU), the Dispute Settlement Body (DSB) established a Panel pursuant to the request
made by Peru in document WT/DS231/6.
2. At that meeting, the parties to the dispute also agreed that the Panel should have standard
terms of reference.  The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by Peru in document WT/DS231/6, the matter referred to the DSB by Peru 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 31 August 2001, Peru requested the Director-General to determine the composition of the
Panel, pursuant to paragraph 7 of Article 8 of the DSU.  This paragraph 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 the panelists
whom the Director-General considers most appropriate in accordance with any relevantspecial 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 in form the Members of the composition of the
panel thus formed no later than 10 days after the date the Chairman receives such a
request."
4. On 11 September 2001, the Director-General accordingly composed the Panel as follows:
Chairperson: Ms. Margaret Liang
Members: Ms. Merit Janow
Mr. Mohan Kumar
5. Canada, Chile, Colombia, Ecuador, United States and Venezuela have reserved their rights to
participate in the Panel proceedings as third parties.
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