Ukraine - Definitive Safeguard Measures on Certain Passenger Cars (WT/DS468): Report of the Panel

Summary

INTRODUCTION

Complaint by Japan

On 30 October 2013, Japan requested consultations with Ukraine pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Dispute (“DSU”), Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (“the GATT 1994”) and Article 14 of the Agreement on Safeguards regarding the definitive safeguard measure imposed by Ukraine on imports of certain passenger cars and the investigation that led to the imposition of this measure. The European Union and the Russian Federation requested on 13 and 14 November 2013, respectively, to join the consultations pursuant to Article 4.11 of the DSU. On 29 November 2013, Ukraine informed the DSB that it had accepted the requests of the European Union and the Russian Federation to join the consultations.

Consultations were held on 29 November 2013 and 21 January 2014, but failed to resolve the dispute.

Panel Establishment and Composition

At its meeting on 26 March 2014, the DSB established a panel pursuant to the request of Japan in document WT/DS468/5, in accordance with Article 6 of the DSU.

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 to the DSB by Japan in document WT/DS468/5 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.

On 10 June 2014, Japan requested the Director-General to determine the composition of the Panel, pursuant to Article 8.7 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.