. /.  WORLD TRADE  
ORGANIZATION  WT/DS269/4/Rev.2 
WT/DS286/6/Rev.2 20 September 2004 
 
(04-3931) 
  
  
 
EUROPEAN COMMUNITIES – CUS TOMS CLASSIFICATION OF 
FROZEN BONELESS CHICKEN CUTS 
 
Constitution of the Panel Established at the Requests
 
of Brazil and Thailand  
 
Note by the Secretariat  
 
Revision  
 
 
1. At its meeting on 7 November 2003, the Di spute Settlement Body (DSB) established a panel 
pursuant to the request of Brazil in document WT /DS269/3.  At its meeting on 21 November 2003, 
the DSB established a panel pursuant to the request of Thailand in document WT/DS286/5 and agreed, as provided for in Article 9 of the Dis pute Settlement Understanding (DSU) in respect of 
multiple complainants, that the panel established on 7 November 2003, to examine the complaint by 
Brazil will also examine Thailand's complaint (WT/DSB/M/158). 
 2. At those meetings, the parties to the dispute also agreed that the panel should have standard 
terms of reference.  The terms of reference are, therefore, the following:  
"To examine, in the light of the relevant provisions of the covered agreements cited 
by Brazil in document WT/DS269/3 and Thailand in document WT/DS286/5, the matter referred to the DSB by Brazil and Thailand in those documents, and to make 
such findings as will assist the DSB in ma king the recommendations or in giving the 
rulings provided for in those agreements." 
3. On 17 June 2004, Brazil and Thailand request ed 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 com position of the panel by appointing the 
panelists whom the Director-General consid ers 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 th e dispute, after consulting with the parties 
to the dispute.  The Chairman of th e 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." 
 WT/DS269/4/Rev.2 
WT/DS286/6/Rev.2 Page 2 
 
 
 4. On 28 June 2004, the Director-General  accordingly composed the Panel as follows: 
 
Chairman: Mr. Hugh McPhail 
 
 Members: Ms Elizabeth Chelliah 
   Mr. Manzoor Ahmad    5. Brazil (in respect of Thailand's complaint), Chin a,  Thailand (in respect of Brazil's complaint) 
and the United States have reserved their rights to  participate in the Panel proceedings as third 
parties
1.   
 
__________ 
 
 
                                                      
1 Chile had reserved its third-party rights at the DSB meetings of 7 and 21 November 2003.  However, 
on 14 July 2004, Chile informed the Panel that it did not want to participate as third-party in these panel 
proceedings.   
Colombia had reserved its third-party rights at the DSB meeting of 21 November 2003.  However, on 
14 September 2004, Colombia informed the Panel that it did not want to participate as third-party in these panel 
proceedings.