China - Measures Concerning Trade in Goods
Constitution of the Panel Established at the Request of
the European Union
Note by the Secretariat
1. At its meeting on 27 January 2023, the Dispute Settlement Body (DSB) established a panel
pursuant to the request of the European Union in document WT/DS610/8, 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 the European Union in document WT/DS610/8 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 nominations of Mr Gudmundur HELGASON as the Chairperson, and of Ms
Samantha ATAYDE ARELLANO
as member of the Panel, they could not agree on the third member of the Panel.
4. On 4
April 2023, the European Union 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 18
April 2023, the Director-General accordingly composed the Panel as follows:
Chairperson: Mr Gudmundur
HELGASON
Members: Ms Samantha ATAYDE ARELLANO
Ms Pauline Wambui MCHARO
6. Australia,
Brazil, Canada, Colombia, India, Indonesia, Japan, Korea, New Zealand, Norway,
Russian Federation, Switzerland, Chinese Taipei, Thailand, Türkiye, United
Kingdom, United States, and Viet Nam have reserved their rights to
participate in the Panel proceedings as third parties.
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