DISPUTE SETTLEMENT

DS: European Union — Certain measures concerning palm oil and oil palm crop-based biofuels

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Indonesia

On 9 December 2019, Indonesia requested consultations with the European Union regarding certain measures imposed by the European Union and its member States concerning palm oil and oil palm crop-based biofuels from Indonesia.

Indonesia claimed that the measures imposed by the European Union appear to be inconsistent with:

  • Articles 2.1, 2.2, 2.4, 2.5, 2.8, 2.9, 5.1.1, 5.1.2, 5.2, 5.6, 5.8, 12.1 and 12.3 of the TBT Agreement; and
     
  • Articles I:1, III:4, X:3(a) and XI:1 of the GATT 1994.

Indonesia claimed that the measures imposed by the European Union member States appear to be inconsistent with:

  • Articles 3.1(b) and 5 of the SCM Agreement; and
     
  • Articles I:1 and III:2 of the GATT 1994.

On 19 December 2019, Costa Rica and Guatemala requested to join the consultations. On 20 December 2019, Colombia requested to join the consultations. On 23 December 2019, Malaysia requested to join the consultations. On 24 December 2019, Argentina requested to join the consultations. On 26 December 2019, Thailand requested to join the consultations. Subsequently, the European Union informed the DSB that it had accepted the requests of Colombia, Costa Rica, Guatemala, Malaysia, and Thailand to join the consultations.

 

Panel and Appellate Body proceedings

On 18 March 2020, Indonesia requested the establishment of a panel. At its meeting on 29 June 2020, the DSB deferred the establishment of a panel.

At its meeting on 29 July 2020, the DSB established a panel. Argentina, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, India, Japan, Korea, Malaysia, Norway, Russia, Singapore, Thailand, Turkey and the United States reserved their third-party rights.

On 2 November 2020, Indonesia requested that the composition of the panel be determined pursuant to Article 8.7 of the DSU. On 12 November 2020, Deputy Director-General Yonov Frederick Agah, acting in place of the Director-General, composed the panel.

 

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