INTRODUCTION

On 1 February 1999, the United States requested consultations with the Republic of Korea (“Korea”) pursuant to Article 4 of the Understanding on Rules and Procedures governing the Settlement of Disputes (“DSU”), Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), Article 19 of the Agreement on Agriculture and Article 6 of the Agreement on Import Licensing Procedures, with respect inter alia to Korea's import measures on fresh, chilled, and frozen beef as well as its internal sale on the Korean market. Australia requested consultations with Korea on the same matter on 13 April 1999.

Consultations between the United States and Korea were held on 11 and 12 March 1999 and joined by Australia, Canada and New Zealand. Consultations between Australia and Korea were held 28 May 1999 and were joined by Canada, New Zealand and the United States. As the above-mentioned consultations did not result in a mutually satisfactory solution of the matter, the United States, in a communication dated 15 April 1999, requested the establishment of a panel with standard terms of reference as set out in Article 7 of the DSU (WT/DS161/5). Australia, in a communication dated 12 July 1999, requested the establishment of a panel with standard terms of reference as set out in Article 7.1 of the DSU (WT/DS169/5).

At its meeting on 25 May 1999 the Dispute Settlement Body (DSB) established a panel in accordance with the request made by the United States in document WT/DS161/5. At its meeting of 26 July 1999, the DSB agreed to Australia's request for the establishment of a panel (WT/DS/169/5) in the same matter. It also agreed, as provided for in Article 9 of the DSU in respect of multiple Complainants, that the Panel established on 26 May 1999 to examine the complaint by the United States will also examine Australia's complaint.