 
 WORLD TRADE  
ORGANIZATION   
WT/DS301/4 
19 May 2004 
 
 (04-2183) 
  
  
 
EUROPEAN COMMUNITIES – MEASURES AFFECTING TRADE 
IN COMMERCIAL VESSELS 
 
Constitution of the Panel Established at the Request of Korea 
 
Note by the Secretariat 
 
 
1. At its meeting on 19 March 2004, the Dis pute Settlement Body established a Panel pursuant 
to the request by Korea in document WT/DS301/3,  in accordance with Article 6 of the Dispute 
Settlement Understanding (DSU). 
2. At that meeting, the parties to the dispute al so 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 Korea in document WT/DS301/3, the matter  referred to the DSB by Korea in that 
document, and to make such finding s as will assist the DSB in making the 
recommendations or in giving the rulings provided for in those agreements." 
3. On 7 May 2004, Korea requested the Director-G eneral 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 com position of the panel by appointing the 
panelists whom the Director-General consid ers 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 th e 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 the 
Chairman receives such a request." 
4. On 13 May 2004, the Director-General acco rdingly composed the Panel as follows: 
 Chairman: Professor William J. Davey 
 
 Members: Professor Donald M. McRae 
   Mr. Daniel Jacobus Jordaan  5. China, Japan and the United States reserved their third-party rights. 
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