. /.  WORLD TRADE  
ORGANIZATION  WT/DS174/21 
WT/DS290/19 
24 February 2004 
 
 (04-0766) 
  
   
EUROPEAN COMMUNITIES – PROTECTION OF TRADEMARKS 
AND GEOGRAPHICAL INDICATIONS FOR AGRICULTURAL 
PRODUCTS AND FOODSTUFFS 
 
Constitution of the Panel Established at th e Requests of the United States and Australia
 
 
Note by the Secretariat  
  1. At its meeting on 2 October 2003, the Dis pute Settlement Body (DSB) established a single 
Panel pursuant to the requests of the United Stat es in document WT/DS174/20 and Australia in 
document WT/DS290/18, in accordance with Articl e 9 of the Dispute Settlement Understanding 
(DSU) (WT/DSB/M/156).  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 the United States in document WT/DS174/20 and Australia in document WT/DS290/18, the matter referred to the DSB by the United States and Australia in those documents, 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 13 February 2004, the United States and Australia 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 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 th e 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 23 February 2004, the Director-General  accordingly composed the Panel as follows: 
 
Chairman: Mr. Miguel Rodríguez Mendoza 
  Members: Mr. Seung Wha Chang    Mr. Peter Kam-fai Cheung  WT/DS174/21 
WT/DS290/19 Page 2 
 
 5. Argentina, Australia (in respect of the Un ited States' complaint), Brazil, Canada, China, 
Colombia, Guatemala, India, Mexico, New Zeala nd, Norway, Chinese Taipei , Turkey and the United 
States (in respect of Australia's complaint) have reserved their rights to participate in the Panel 
proceedings as a third party. 
 
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