WORLD TRADE
ORGANIZATIONWT/DS212/5
7 November 2001
(01-5485)
UNITED STATES – COUNTERVAILING MEASURES CONCERNING
CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Constitution of the Panel Established at the Request of the European Communities
Note by the Secretariat
1. At its meeting on 10 September 2001 (WT/DSB/M/109), in accordance with Article 6 of the
Dispute Settlement Understanding (DSU), the Disp ute Settlement Body (DSB) established a Panel
pursuant to the request made by the European Communities in document WT/DS212/4.
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 European Communities in document WT/DS212/4, 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 25 October 2001, the European Communities 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 Councilor 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 thecomposition of the panel thus formed no later than 10 days after the date the
Chairman receives such a request."
4. On 5 November 2001, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. Gilles GauthierMembers: Ms. Marie-Gabrielle Ineichen-Fleisch
Mr. Michael Mulgrew
5. Brazil, India and Mexico have reserved their rights to participate in the panel proceedings as
third parties.
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