EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION AND CERTAIN MEMBER STATES CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION NOTE BY THE SECRETARIAT
Document: CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION NOTE BY THE SECRETARIAT Revision
Date: 11 December 2018
Document codes: WT/DS316/40/Rev.1; WT/DS316/39.
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES
AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION
AND CERTAIN MEMBER STATES
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION
NOTE BY THE SECRETARIAT
Revision
1. At its meeting on 27 August 2018, the Dispute Settlement Body (DSB) agreed, pursuant to
Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU), to refer to the original Panel, if possible, the matter raised by the European Union and certain
member States in document

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 t o the DSB by the European Union and
certain member States in document 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 17 September 2018, the European Union requested the Director-General to determine the
composition of the Panel, pursuant to Article 8.7 of the DSU, read together with Article 21.5 of the
DSU. The former provision 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 determ ine 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 wi th 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 recei ves such a
request.
4. In accordance with th e above -mentioned provisions, and given the unavailability of two
members of the original panel, the Director-General composed the Panel on 28 September 2018 as
follows:

 Chairperson: Mr Hugo Cayrús

Members: Mr Christian Etter
Mr Thinus Jacobsz

5. Australia, Brazil, Canada1, China, India, Japan, and the Russian Federation have reserved their
rights to participate in the Panel proceedings as third parties.