United States – Conditional Tax Incentives for Large Civil Aircraft

Constitution of the Panel Established at the Request of the european union

Note by the Secretariat

1.     At its meeting on 23 February 2015, the Dispute Settlement Body (DSB) established a panel pursuant to the request of the European Union in document WT/DS487/2, in accordance with Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) (as modified by Article 4.4 of the SCM Agreement, and in light of Article 1.2 and Appendix 2 to the 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 the European Union in document WT/DS487/2 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.     On 13 April 2015, the European Union requested the Director-General to determine the composition of the Panel, pursuant to Articles 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.^[2]

4.     On 22 April 2015, the Director-General accordingly composed the Panel as follows:

        Chairperson:    Mr Daniel Moulis

        Members:                Mr Terry Collins-Williams

                                Mr Wilhelm Meier

5.     Australia; Brazil; Canada; China; India; Japan; Korea, Rep. of and the Russian Federation have reserved their rights to participate in the Panel proceedings as third parties.

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