ANNEX A-1

LETTER TO THE PARTIES DATED 1 AUGUST 2005 ON THE PANEL DECISION ON OPEN HEARINGS FOR PUBLIC OBSERVATION

In light of the parties' common request made on 13 June 2005 to have their meetings with the Panel open to the public; keeping in mind the Panel's obligation to ensure that its Working Procedures are objective, impartial and non-discriminatory; and after careful consideration of the existing provisions of the DSU and its Appendix 3, the Panel has decided to accept the parties' request and to agree that the panel meetings at which the parties are invited to appear, as referred to in paragraph 2 of Appendix 3 of the DSU, will be open for observation by the public through a closed-circuit broadcast.

With a view to ensuring transparency to the fullest extent possible and non-discriminatory access by all people, in particular by all Members, the Panel will request the Secretariat to finalize the appropriate logistical arrangements, and to guarantee that each WTO Member delegation has at least two seats available in the room where the closed-circuit broadcast will be transmitted. In addition, before its second meeting with the parties, the Panel will review the need to extend further such non-discriminatory access, through internet broadcasting, in light, inter alia, of the interest shown by and comments received from the public and taking into consideration any relevant information provided by the Secretariat relating to this matter.

Since not all third parties have agreed that their session with the Panel be open for observation by the public, that session will remain closed.