AGENDA POINT 1: SURVEILLANCE OF IMPLEMENTATION OF RECOMMENDATIONS ADOPTED BY THE DSB

1.2.    UNITED STATES – SECTION 110(5) OF THE US COPYRIGHT ACT: STATUS REPORT BY THE UNITED STATES (WT/DS160/24/ADD.230)

• We thank the United States for its status report and its statement today.

• We refer to our previous statements. We would like to resolve this case as soon as possible.

AGENDA POINT 1:SURVEILLANCE OF IMPLEMENTATION OF RECOMMENDATIONS ADOPTED BY THE DSB

1.3.         EUROPEAN COMMUNITIES – MEASURES AFFECTING THE APPROVAL AND MARKETING OF BIOTECH PRODUCTS: STATUS REPORT BY THE EUROPEAN UNION (WT/DS291/37/ADD.193)

• We recall that the EU approval system is not covered by the DSB’s recommendations and rulings.

• On 22 November the Commission  presented for votes to the Standing Committee two decision authorising the placing on the market of two GM maize ([1]). The votes taken during the meeting result in ‘no opinion’. These decisions are referred to the Appeal Committee in December 2024.

AGENDA POINT 2: EUROPEAN UNION – ANTI-DUMPING MEASURES ON IMPORTS OF FATTY ACID FROM INDONESIA

REQUEST FOR THE ESTABLISHMENT OF A PANEL BY INDONESIA (DS622)

• The European Union regrets Indonesia’s decision to request a WTO panel on anti-dumping duties on imports of fatty acid from Indonesia.

• Indonesia is of course entitled to bring this matter to dispute settlement in the WTO, but the European Union firmly believes that the measures at stake are fully justified.

• The European Union is therefore confident that it will prevail in this dispute, and that its measures will be declared in line with WTO law.

• The EU stands ready to preserve the availability of appeal review in this dispute through the Multi-party interim appeal arbitration arrangement (known as the MPIA) and stands open to work towards this with Indonesia.

AGENDA POINT 3: APPELLATE BODY APPOINTMENTS

• The European Union refers to its previous statements on this issue and thanks all Members that have co-sponsored the proposal to launch the appointment processes.

• Since 11 December 2019, the WTO no longer guarantees access to a binding, two-tier, independent and impartial resolution of trade disputes.

• A fully functioning WTO dispute settlement system is crucial. That is evidenced by the large number of Members co-sponsoring the present proposal.

• We believe that restoring a fully functioning dispute settlement system and appointing members of the Appellate Body is a key priority. At MC13, it was clear that the overwhelming majority of the Membership shares this view.

• We regret that, despite the substantial work done by Members, DS reform discussions did not deliver a fully functioning system “by 2024”. This was the objective set by Ministers at MC12 and reaffirmed at MC13. And we have failed to deliver on that objective.

• The EU would like to stress that it remains committed to reforming the dispute settlement system so that it meets the interests of all Members and supports rules-based trade.

• That said, it has now been 5 years that the system is not functioning fully.

• Against this backdrop, the MPIA is ever more important as a stop-gap solution to preserve a fully functioning dispute settlement system among the willing Members. While we continue to hope to find a long-lasting solution, we invite other Members to join the MPIA.

ANY OTHER BUSINESS

• The European Union is grateful to Malaysia for the constructive engagement.

• We are working with Malaysia to finalise a DSB communication.

• We will work towards resolving this dispute in line with the Panel’s conclusions. 

• The EU reiterates its resolute condemnation of Russia’s war of aggression against Ukraine, which constitutes a manifest violation of the UN Charter, and reaffirms its continued support for Ukraine’s independence, sovereignty and territorial integrity within its internationally recognised borders.

• It also reconfirms the European Union’s unwavering commitment to providing continued political, financial, economic, humanitarian, military and diplomatic support to Ukraine and its people.

([1]) GM maize MON 95275 and DP910521