WORLD TRADE
ORGANIZATIONWT/DS88/4
WT/DS95/4
11 January 1999
(99-0054)
UNITED STATES – MEASURE AFFECTING GOVERNMENT PROCUREMENT
Constitution of the Panel Established at the Request of
the European Communities and Japan
Communication from the DSB Chairman
1. At its meeting on 21 October 1998, the DSB established a single panel pursuant to the
requests of the European Communities and Japan (WT/DS88/3 and WT/DS95/3 respectively), in
accordance with Article 9 of the DSU (WT/DSB/M/49).
2. At that meeting, the DSB agreed that the Panel should have standard terms of reference
pursuant to Article XXII:4 of the Agreement on Government Procurement.  The terms of reference of
the Panel are therefore the following:
"To examine, in the light of the relevant provisions of the Agreement on Government
Procurement, the matter referred to the DSB by the European Communities indocument WT/DS88/3 and by Japan in document WT/DS95/3 and to make such findings as
will assist the DSB in making the recommendations or in giving the rulings provided for in
that Agreement."
3. On 6 January 1999, the Panel was constituted with the following composition:
Chairman: Mr. Ole Lundby
Members: Mr. Sergio Escudero
Mr. Nigel Shipman
4. Japan has reserved third-party rights to partic ipate in the panel proceedings in relation to the
complaint raised by the European Communities.
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