INDONESIA - CERTAIN MEASURES AFFECTING THE AUTOMOBILE INDUSTRY
Constitution of the Panel Established at the Request of Japan and the European Communities
Communication from the DSB Chairman
1. At its meeting on 12 June 1997, the DSB established a panel pursuant to requests by Japan
and the European Communities (WT/DS55/6-WT/DS64/4, and WT/DS54/6, respectively).
2. At that DSB meeting, parties 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 Japan
in document WT/DS55/6-WT/DS64/4 and by the European Communities in document
WT/DS54/6, the matter referred to the DSB by Japan and the European Communities in those
documents 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 July 1997, Japan and the European Communities jointly 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 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."
4. On 29 July 1997, the Director-General accordingly composed the panel as follows:
Chairman: Mr. Mohamed Maamoun Abdel Fattah
Members: Mr. Ole Lundby
Mr. David John Walker
5. India, Korea and the United States have reserved their rights as third parties to the dispute.