Turkey – Measures Concerning Electric Vehicles
and Other Types of Vehicles from
China
Constitution of the Panel Established at the Request of
China
Note by the Secretariat
1. At its meeting on 24 February 2025,
the Dispute Settlement Body (DSB) established a panel pursuant to the request
of China in document WT/DS629/2, in accordance with Article 6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU).[1]
2. The Panel's terms of reference are the
following:
To examine, in the light
of the relevant provisions of the covered agreements cited by the parties to
the dispute, the matter referred to the DSB by China in document WT/DS629/2 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. While the parties agreed on the nomination
of Mr Esteban CONEJOS as the Chairperson of the Panel, they did not agree
on the two members of the Panel.
4. On 14 April 2025, China requested that
the Director-General determine the composition of the panel, pursuant to Article 8.7
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 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.
5. On 22 April 2025, the Director-General
accordingly composed the Panel as follows:
Chairperson: Mr
Esteban CONEJOS
Members: Ms Pauline MCHARO
Ms Sarah PATERSON
6. Australia, Brazil, Canada, the European
Union, India, Indonesia, Japan, Kazakhstan, the Republic of Korea, Norway,
the Russian Federation, Singapore, Switzerland, Thailand, the United Kingdom,
and the United States have reserved their rights to participate in the Panel
proceedings as third parties.
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