EUROPEAN COMMUNITIES – PROTECTION OF TRADEMARKS AND GEOGRAPHICAL INDICATIONS FOR AGRICULTURAL PRODUCTS AND FOODSTUFFS
Document: Constitution of the Panel Established at the Requests of the United States and Australia Note by the Secretariat
Date: 24 February 2004
Document codes: WT/DS174/21; WT/DS290/19; WT/DS174/20; WT/DS290/18
Complainant: Australia
Respondent: EU
Third parties: Argentina, Brazil, Canada, China, Taiwan, Colombia, Guatemala, India, Mexico, New Zealand, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2, 10, 16, 20, 24.5, 41, 42, 3, 4, 22.2, 63.1, 63.3, 65.1  Intellectual Property (TRIPS)Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, Annex 1  Technical Barriers to Trade (TBT)Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES – PROTECTION OF TRADEMARKS
AND GEOGRAPHICAL INDICATIONS FOR AGRICULTURAL
PRODUCTS AND FOODSTUFFS

Constitution of the Panel Established at the Requests of the United States and Australia

Note by the Secretariat

1. At its meeting on 2 October 2003, the Dis pute Settlement Body (DSB) established a single
Panel pursuant to the requests of the United Stat es in document and Australia in
document , in accordance with Articl e 9 of the Dispute Settlement Understanding
(DSU) (WT/DSB/M/156).

2. At that meeting, 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 the United States in document and Australia in document
, the matter referred to the DSB by the United States and Australia in
those documents, 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 February 2004, the United States and Australia 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 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."
4. On 23 February 2004, the Director-General accordingly composed the Panel as follows:

Chairman: Mr. Miguel Rodríguez Mendoza

 Members: Mr. Seung Wha Chang
 Mr. Peter Kam-fai Cheung

5. Argentina, Australia (in respect of the Un ited States' complaint), Brazil, Canada, China,
Colombia, Guatemala, India, Mexico, New Zeala nd, Norway, Chinese Taipei , Turkey and the United
States (in respect of Australia's complaint) have reserved their rights to participate in the Panel
proceedings as a third party.