European Union and a Member State — Certain Measures Concerning the Importation of Biodiesels

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Complaint by Argentina.

On 17 August 2012, Argentina requested consultations with the European Union and Spain concerning certain measures affecting the importation of biodiesels for accounting purposes with regard to the compliance with the mandatory targets for biofuels.  The key measure challenged by Argentina is the Spanish Ministerial Order regulating allocation of quantities of biodiesel needed to achieve the mandatory target of renewable energy.  This measure is the national implementation of the European Union regulatory framework for energy from renewable sources. 

Argentina claims that the Spanish measure is inconsistent with:

  • Articles III:1, III:4, III:5 and XI:1 of the GATT 1994;
  • Articles 2.1 and 2.2 of the TRIMs Agreement; and
  • Article XVI:4 of the WTO Agreement.

On 31 August 2012, Australia requested to join the consultations.  On 1 September 2012, Indonesia requested to join the consultations. Subsequently, the European Union informed the DSB that it had accepted the requests of Australia and Indonesia to join the consultations. On 6 December 2012, Argentina requested the establishment of a panel.  At its meeting on 17 December 2012, the DSB deferred the establishment of a panel.


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