WORLD TRADE
ORGANIZATIONWT/DS160/6
6 August 1999
(99-3389)
UNITED STATES – SECTION 110(5)  OF THE US COPYRIGHT ACT
Constitution of the Panel Established
at the Request of the European Communities
Note by the Secretariat
1. At its meeting on 26 May 1999, the DSB established a panel pursuant to the request by the
European Communities (WT/DS160/5), in accordance with Article 6 of the DSU (WT/DSB/M/62).
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 light of the relevant provisions of the covered agreements cited by the
European Communities in document WT/DS160/5, 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 27 July 1999, the European Communities made a request, with reference to paragraph 7 of
Article 8 of the DSU, to the Director-in-charge to determine of the composition of the Panel.
Paragraph 7 of Article 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 Chairmanof 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 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 the
Chairman receives such a request."
4. On 6 August 1999, the Director-in-charge composed the Panel as follows:
Chairperson: Carmen Luz Guarda
Members: Arumugamangalam V. Ganesan
Ian F. Sheppard
5. Brazil, Australia, Canada, Japan and Switzerland reserved their rights as third parties to the
dispute.
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