DS476: European Union — Certain Measures Relating to the Energy Sector

Russia made its second request for the establishment of a panel to examine the EU’s “Third Energy Package” which, in its view, unjustifiably restricts imports of natural gas originating in Russia and discriminates against Russian natural gas pipeline transport services and service suppliers. The EU reiterated its view that Russia’s panel request expands manifestly the scope of the dispute. The DSB established a panel. Brazil, China, India, Japan, the United States and Ukraine reserved their third-party rights to participate in the panel’s proceedings.

 

DS492: European Union — Measures Affecting Tariff Concessions on Certain Poultry Meat Products

China made its second request to the DSB to establish a panel to examine this dispute concerning the EU’s modification of its tariff concessions on certain poultry meat products. China hoped that, through the dispute settlement proceeding, the EU would adjust its measures and thereby address China’s concerns. The EU said that its measures were in conformity with the WTO agreements and that it was ready to defend them before a panel. The DSB established a panel to examine this dispute. Brazil, Russia and the United States reserved their third-party rights to participate in the panel’s proceedings.

 

DS430: India — Measures Concerning the Importation of Certain Agricultural Products 

The DSB adopted the Appellate Body report and the panel report as modified by the Appellate Body report. India informed the DSB that, on 13 July 2015, it had informed the DSB in writing of its intentions in respect of implementation of the DSB’s recommendations and rulings. India said that it would need a reasonable period of time to implement and was ready to discuss this with the United States. The US said it looked forward to India moving promptly to comply in this dispute.

 

DS480: European Union — Anti-Dumping Measures on Biodiesel from Indonesia

Indonesia requested the DSB to establish a panel to examine the EU’s:  i) Basic Anti-Dumping Regulation and related practices and measures, and ii) the anti-dumping measures imposed on biodiesel imports from Indonesia including provisional measures imposed regarding one Indonesian exporting producer. Indonesia considered these measures to be inconsistent with the EU’s obligations under the WTO agreements and noted that other members had also raised concerns in separate disputes. Consultations held in July 2014 did not resolve the dispute. The EU noted that the measures challenged by Indonesia were also subject to a dispute with Argentina (DS473) and that the panel report was expected at the end of 2015. The EU was convinced that its measures were consistent with the WTO agreements and it did not agree to the establishment of a panel. The DSB therefore deferred panel establishment.

 

DS491: United States — Anti-Dumping and Countervailing Measures on Certain Coated Paper from Indonesia

Indonesia expressed its concern regarding US imposition of anti-dumping and countervailing duties on certain coated paper from Indonesia. In its view, the US dumping, subsidy and threat of injury determinations appeared to be inconsistent with the US obligations under the General Agreement on Tariffs and Trade (GATT) 1994, the Anti-Dumping Agreement and the Subsidies and Countervailing Measures Agreement. Consultations held in June 2015 did not resolve the dispute, hence Indonesia’s request for the establishment of a panel. The US said that its measures are fully WTO-consistent and that it was not in a position to agree to the establishment of a panel. The DSB deferred panel establishment.

 

DS468: Ukraine — Definitive Safeguard Measures on Certain Passenger Cars

The report of the panel was submitted for adoption. Japan welcomed the panel’s finding that definitive safeguard measures imposed by Ukraine on imports of certain passenger cars were in clear breach of Ukraine’s WTO obligations. The panel concluded that the safeguard measures at issue violated a number of procedural and substantive requirements under Article XIX of the GATT 1994 and several provisions of the Safeguards Agreement. Japan urged Ukraine to fully implement the DSB’s recommendations and rulings by promptly revoking the safeguard measure at issue.

Ukraine said that, while it accepted that some of the disputed issues were appropriately ruled upon, some of the panel’s findings did raise certain concerns. Despite its concerns, Ukraine said that it chose not to appeal the panel’s recommendations and rulings. Ukraine said that it was ready to fully implement the panel’s recommendations and to bring the safeguard measures on certain passenger cars into full conformity with its obligations under the Agreement on Safeguards and the GATT 1994. The EU welcomed the panel’s ruling which further clarified the rules on safeguards and trusted that Ukraine would promptly comply. The DSB adopted the panel report (WT/DS468/R and Add.1).

 

DS438; DS444; DS438: Under “Other Business”, Argentina made a statement regarding implementation in the disputes “Argentina — Measures Affecting the Importation of Goods”. Argentina informed the DSB that the parties to these disputes had reached agreement on the reasonable period of time for implementation, as reflected in documents WT/DS438/22, WT/DS444/22 and WT/DS445/23.

 

Chair’s statement

The Chair made a statement under “Other Business” regarding the issue of possible reappointments of two Appellate Body members, Mr Bhatia and Mr Graham. He reported that consultations were still ongoing and he encouraged delegations with views on these matters to contact him directly. He reminded delegations that a decision on these matters would have to be taken by the DSB at the latest at its regular meeting scheduled for 25 November 2015.

 

Next meeting

The next regular meeting of the DSB is scheduled for 31 August 2015.