EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Constitution of the Panel Established at the Requests of Brazil and Thailand Note by the Secretariat Revision
Date: 20 September 2004
Document codes: WT/DS269/4/Rev.2; WT/DS286/6/Rev.2; WT/DS286/5
Complainant: Thailand
Respondent: EU
Third parties: Brazil, China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II, XXII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS 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 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 and Thailand in document , 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."

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.

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.