EUROPEAN COMMUNITIES – EXPORT SUBSIDIES ON SUGAR
Document: Constitution of the Panel Established at the Request of Australia, Brazil and Thailand Note by the Secretariat1
Date: 23 December 2003
Document codes: WT/DS265/22; WT/DS266/22; WT/DS283/3; WT/DS265/21; WT/DS266/21; WT/DS283/2
Complainant: Thailand
Respondent: EU
Third parties: Australia, Barbados, Belize, Brazil, Canada, China, Colombia, Cuba, Fiji, Guyana, India, Jamaica, Kenya, Madagascar, Malawi, Mauritius, New Zealand, Paraguay, Saint Kitts and Nevis, Eswatini, Tanzania, Trinidad and Tobago, U.S., Côte d’Ivoire
Dispute stage: Appellate Body
Agreements cited: Art. 3.3, 8, 9.1, 10.1  AgricultureArt. 3.1, 3.2  Subsidies and Countervailing Measures (SCM)

EUROPEAN COMMUNITIES – EXPORT SUBSIDIES ON SUGAR
Constitution of the Panel Established at the Request of Australia, Brazil and Thailand
Note by the Secretariat1
1. At its meeting on 29 August 2003, the Dispute Settlement Body (DSB) established a panel
pursuant to the requests of Australia in document ; Brazil in document ;
and Thailand in document ; in accordance with Article 6 of the Dispute Settlement
Understanding.
2. At that meeting, the parties to the dispute agreed to establish a single panel pursuant to
Article 9.1 of the DSU with standard terms of reference.
3. The terms of reference are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by Australia in document , by Brazil in document and
by Thailand in document , the matters referred therein to the DSB by
Australia, Brazil and Thailand, and to make such findings as will assist the DSB in
making the recommendations or in giving the rulings provided for in those
agreements."
4. On 15 December 2003, Australia, Brazil and Thailand requested 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 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."

1 This document has been prepared under the Secret ariat's own responsibility and is without prejudice
to the positions of Members or to their rights or obligations under the WTO Agreement.

5. On 23 December 2003, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. Warren Lavorel
Members: Mr. Gonzalo Biggs
Mr. Naoshi Hirose
6. Australia, Barbados, Belize, Brazil, Canada, China, Colombia, Côte d'Ivoire , Cuba, Fiji,
Guyana, India, Jamaica, Kenya, Madagascar, Malawi, Mauritius, New Zealand, Paraguay, Saint Kitts
and Nevis, Swaziland, Tanzania, Thailand, Trinidad and Tobago, and the United States have notified
their interest to participate in the panel proceedings as third parties.2