DISPUTE SETTLEMENT

DS:European Union — Countervailing Duties on Imports of Biodiesel from Indonesia

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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Current status

 

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Key facts

 

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Indonesia

On 11 August 2023, Indonesia requested consultations with the European Union with respect to the definitive countervailing duties on imports of biodiesel from Indonesia, as well as the underlying investigation that led to the imposition of these duties.

Indonesia claimed that the definitive countervailing duties on imports of biodiesel from Indonesia and the investigation leading to their imposition appear to be inconsistent with:

  • Articles 1.1(a)(1)(i), 1.1(a)(1)(ii), 1.1(a)(1)(iv), 1.1(a)(2), 1.1(b), 1.2, 2.1, 2.4, 12.1, 12.3, 12.4, 12.4.1, 12.7, 12.11, 14, 14(d), 15.1, 15.2, 15.4, 15.5, 15.7, 15.8, 18.3, 19.1, 19.3, 19.4, 21.1, 22.3, 22.4, 22.5 and 32.1 of the SCM Agreement; and
     
  • Articles I:1, VI, VI:3 and XVI:1 of the GATT 1994.

 

Panel and Appellate Body proceedings

On 13 October 2023, Indonesia requested the establishment of a panel. At its meeting on 26 October 2023, the DSB deferred the establishment of a panel.

At its meeting on 27 November 2023, the DSB established a panel. Argentina, Canada, China, Japan, Norway, the Russian Federation, Singapore, Thailand, Türkiye, the United Kingdom, and the United States reserved their third-party rights.

Following the agreement of the parties, the panel was composed on 14 March 2024.

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