China –
Measures related to the Exportation of
Rare earths, Tungsten and Molybdenum
Constitution
of the Panel Established at the Requests of the United States,
the European Union and Japan
Note
by the Secretariat[1]
1.
At its meeting on 23 July 2012,
the Dispute Settlement Body (DSB) established a single panel pursuant to the
requests of the United States in document WT/DS431/6, the European Union in
document WT/DS432/6, and Japan in document WT/DS433/6, in accordance with
Article 9.1 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU).
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 the United States in
document WT/DS431/6, the European Union in document WT/DS432/6
and Japan in document WT/DS433/6, 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 12 September 2012, the
United States, the European Union and Japan requested the Director-General to
determine the composition of the panel, pursuant to Article 8.7 of the
DSU. This paragraph provides:
[1]
This document has been prepared under the Secretariat's own responsibility and
is without prejudice to the positions of Members or to their rights or
obligations under the WTO Agreement.