WORLD TRADE
ORGANIZATIONWT/DS246/5
6 March 2003
(03-1304)
EUROPEAN COMMUNITIES – CONDITIONS FOR THE GRANTING
OF TARIFF PREFERENCES TO DEVELOPING COUNTRIES
Constitution of the Panel Established at the Request of India
Note by the Secretariat
1. At its meeting on 27 January 2003, the Dispute Settlement Body (DSB) established a Panel
pursuant to the request of India in document WT/DS246/4, in accordance with Article 6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).
2. At that meeting, the parties to the dispute 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 India in document WT/DS246/4, the matter referred to the DSB by India in thatdocument, 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 24 February 2003, India 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, inconsultation with the Chairman of 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 partiesto 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 March 2003, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. Julio Lacarte-Muró
Members: Ms. Marsha Echols
Mr. Akio Shimizu
5. Bolivia, Brazil, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras,
Mauritius, Nicaragua, Pakistan, Panama, Paraguay, Peru, Sri Lanka, the United States and Venezuela
have reserved their rights to participate in the Panel proceedings as a third party.
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