AGENDA POINT 1: SURVEILLANCE OF IMPLEMENTATION OF RECOMMENDATIONS ADOPTED BY THE DSB

1.2.     UNITED STATES – SECTION 110(5) OF THE US COPYRIGHT ACT: STATUS REPORT BY THE UNITED STATES (WT/DS160/24/ADD.233)

• We thank the United States for its status report and its statement today.
• We refer to our previous statements. We would like to resolve this case as soon as possible.

AGENDA POINT 1: SURVEILLANCE OF IMPLEMENTATION OF RECOMMENDATIONS ADOPTED BY THE DSB

1.3.         EUROPEAN COMMUNITIES – MEASURES AFFECTING THE APPROVAL AND MARKETING OF BIOTECH PRODUCTS: STATUS REPORT BY THE EUROPEAN UNION (WT/DS291/37/ADD.196)

• We recall that the EU approval system is not covered by the DSB’s recommendations and rulings.

• On 22 November the Commission presented for votes to the Standing Committee two decisions authorising the placing on the market of two GM maize (GM Maize MON 95275 and DP910521). The votes taken during the meeting resulted in ‘no opinion’. These decisions were referred to the Appeal Committee in December 2024 and resulted in no opinion. The Commission will proceed with the next steps for regulatory approvals.

• On 28 February 2025 the Commission presented for vote to the Standing Committee one decision authorising the placing on the market GM soybean (GM soybean MON 87705 x MON 87708 x MON 89788). The vote taken during the meeting resulted in ‘no opinion’. This decision will be referred to the Appeal Committee in April 2025.

AGENDA POINT 2: EUROPEAN UNION – CERTAIN MEASURES CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS (DS593) 

2.1. Implementation of the Recommendations of the DSB

• At its last meeting, the DSB adopted the Panel report in this dispute. In line with its obligation under Article 21 paragraph 3 of the DSU, the EU wishes to inform the DSB today of its intentions in respect of implementation. 

• Under the DSU, the implementation obligation relates to the recommendations and rulings which the DSB made in adopting the Panel report.  Based on Article 19.1 of the DSU, the Panel recommended that the European Union bring its measures into conformity with its obligations under the TBT Agreement and the GATT 1994 insofar as the Panel concluded that the concerned measures are inconsistent with those covered agreements. 

• The EU intends to implement the above recommendations by bringing the concerned measures into conformity with the WTO Agreements.

• Given the implementation task at hand, it is impracticable for the EU to comply immediately. The EU needs a reasonable period of time to do so.

• The EU is keen to discuss and agree with Indonesia the length of this period of time at the earliest available opportunity, as it has done with Malaysia in the related case DS600.

AGENDA POINT 4: EUROPEAN UNION – DEFINITIVE COUNTERVAILING DUTIES ON NEW BATTERY ELECTRIC VEHICLES FROM CHINA 

4.1 Request for the establishment of a Panel by China (DS630)

• The European Union regrets China's decision to request establishment of a panel on definitive countervailing duties imposed by the European Union on new battery electric vehicles from China.

• The European Union had hoped that the consultations with China on 5 December 2024 had provided the necessary information and clarifications.

• China undoubtedly has the right to bring this issue to WTO dispute settlement, yet the European Union strongly maintains that the measures in question are entirely justified.

• For these reasons, the European Union is confident that it will succeed in this dispute and that its measures will be upheld as consistent with WTO law.

• In today’s meeting, the European Union is not ready to accept the establishment of a panel. 

AGENDA POINT 6: APPELLATE BODY APPOINTMENTS

• The European Union refers to its previous statements on this issue and thanks all Members that have co-sponsored the proposal to launch the appointment processes.

• Since 11 December 2019, the WTO no longer guarantees access to a binding, two-tier, independent and impartial resolution of trade disputes. 

• A fully functioning WTO dispute settlement system is crucial. That is evidenced by the large number of Members co-sponsoring the present proposal.

• We believe that restoring a fully functioning dispute settlement system and appointing members of the Appellate Body is a key priority. At MC13, it was clear that the overwhelming majority of the Membership shares this view.

• We regret that, despite the substantial work done by Members since MC12, DS reform discussions did not deliver a fully functioning system “by 2024”. This was the objective set by Ministers at MC12 and reaffirmed at MC13.

• The EU would like to stress that it remains committed to reforming the dispute settlement system so that it meets the interests of all Members and supports rules-based trade. 

• That said, it has now been more than 5 years that the system is not functioning fully.

• Against this backdrop, the MPIA is ever more important as a stop-gap solution to preserve a fully functioning dispute settlement system among the willing Members. While we continue to hope to find a long-lasting solution, we invite other Members to join the MPIA in the interim.

Russia/Ukraine

• The EU reiterates its resolute condemnation of Russia’s war of aggression against Ukraine, which constitutes a manifest violation of the UN Charter, and reaffirms its continued and unwavering support for Ukraine’s independence, sovereignty and territorial integrity within its internationally recognised borders. 

• It also reconfirms the European Union’s unwavering commitment to providing continued political, financial, economic, humanitarian, military and diplomatic support to Ukraine and its people.

• We underscore the need to reach, as soon as possible, a comprehensive, just, and lasting peace in Ukraine, in full respect of Ukraine’s sovereignty and territorial integrity, based on the principles of the Charter of the United Nations.