WTO: 2013 NEWS ITEMS

DISPUTE SETTLEMENT


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NOTE:
This summary has been prepared by the WTO Secretariat’s Information and External Relations Division to help public understanding about developments in WTO disputes. It is not a legal interpretation of the issues, and it is not intended as a complete account of the issues. These can be found in the reports themselves and in the minutes of the Dispute Settlement Body’s meetings.

DS462: Russian Federation — Recycling Fee on Motor Vehicles

Following the Russian Federation’s objection, the Dispute Settlement Body (DSB) deferred the establishment of a panel to examine the European Union’s complaint in this dispute. The EU said that it was concerned about Russia’s recycling fee on motor vehicles, which had a negative economic impact and raised important systemic concerns; hence its request for the establishment of a panel. The fee was imposed on imported vehicles and exempted vehicles produced in Russia and those imported from Kazakhstan and Belarus. The EU noted the Duma’s recent adoption of a law amending the measures but had yet to receive any clarification regarding the implementing rules.

Russia said that it regretted the EU’s request for the establishment of a panel and added that it hadresponded to the EU’s questions and had provided additional information. Russia noted that the EU request covered measures in respect of which Russia had launched a process of modification. The respective legislation was adopted by the Duma in the first reading on 8 October 2013 and finally on 16 October. The legislation, which had been signed by the Russian President, eliminated sections of the existing utilisation fee regime which the EU had referred to in its request for consultations. Russia believed that the matter could be resolved through consultations and was thus not in a position to agree to the establishment of a panel. 

 

DS413: China — Certain Measures Affecting Electronic Payment Services

The United States said that it continued to have serious concerns that China had not implemented the DSB’s recommendations and rulings in this dispute. The US was of the view that China Union Pay was still receiving unfairly advantageous treatment because it could do business in China while foreign suppliers could not. The US called on China to respect its WTO obligations. China said that it had fully implemented the DSB’s recommendations and rulings within the reasonable period of time and did not understand why the US had inscribed this item on the agenda. China recalled that it had, at bilateral technical meetings, given further explanation and clarification with regard to its implementation. China stood ready to discuss this further with the US.

 

DS427: China — Anti-Dumping and Countervailing Duty Measures on Broiler Products from the United States

China informed the DSB of its intention to implement the DSB’s recommendations and rulings in this dispute, in a manner that respects its WTO obligations. In that regard, China said that it would need a reasonable period of time to do so.

 

Status reports

The United States, the European Union and Thailand submitted status reports on their implementation of the recommendations and rulings of the DSB.

 

Annual Report

The DSB adopted its draft Annual Report contained in WT/DSB/W/508 and Add. 1 on the understanding that it would be further updated by the WTO Secretariat. The updated Annual Report would then be submitted for consideration by the General Council at its November meeting. The Annual Report would then be forwarded to the Ministerial Conference in December 2013, which would undertake an overview of WTO activities.

 

Panellists

The DSB approved the nominations, proposed by Argentina and contained in WT/DSB/W/514, for inclusion in the indicative list of governmental and non-governmental panellists.

 

“Other business”

Under “Other Business”, the Chairman said that, with regard to the selection process to replace one outgoing Appellate Body member, the Selection Committee had interviewed the four candidates on 21 October 2013. The Selection Committee would meet, upon request, with delegations who would wish to express their views on the candidates on 24, 25 and 28 October 2013. He recalled that delegations could also send their comments in writing to the DSB Chair no later than 31 October 2013. Following the interviews and consultations, the Selection Committee would make its recommendation not later than 7 November 2013 for consideration by the DSB at its meeting on 25 November.

With regard to the possible reappointment of Mr Peter Van den Bossche, the Chairman informed delegations that he was continuing his consultations with members and that he had received inputs from key delegations. He invited other delegations with views to contact him by 31 October 2013. It was his intention to complete the process no later than 7 November 2013.

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