WORLD TRADE
ORGANIZATIONWT/DS165/9
18 October 1999
(99-4453)
UNITED STATES – IMPORT MEASURES ON 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 16 June 1999, the DSB established a panel pursuant to a request by the
European Communities (WT/DS165/8).
2. At that meeting, the parties to the dispute agreed that the Panel should have standard terms of
reference.  The terms of reference of the Panel are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by the European Communities in document WT/DS165/8, the matter referred to theDSB 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 29 September 1999, the European Communities requested the Director-General, pursuant
to Article 8.7 of the DSU, to determine the composition of the Panel.  Article 8.7 of the DSU
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 composition of the panel by appointing the
panelists whom the Director-General considers most appropriate in accordance withany 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 8 October 1999, the Director-General has accordingly determined the composition of the
Panel as follows:
Chairman: Mr. Hugh McPhail
Members: Mrs. Leora Blumberg
Mr. Peter Pale čka
5. Ecuador, India, Jamaica and Japan have reserved their third-party rights in the dispute.
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