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

B. UNITED STATES – SECTION 110(5) OF THE US COPYRIGHT ACT: STATUS REPORT BY THE UNITED STATES (WT/DS160/24/ADD.218)

• 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

C.     EUROPEAN COMMUNITIES – MEASURES AFFECTING THE APPROVAL AND MARKETING OF BIOTECH PRODUCTS: STATUS REPORT BY THE EUROPEAN UNION (WT/DS291/37/ADD.181)

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

• The EU continues to propose for vote authorisations for genetically modified organisms that, in the European Food Safety Authority’s risk assessment, have been concluded to be safe.

• On 13 October 2023, the Commission adopted three decisions authorising the placing on the market of GM maize and one decision renewing the authorisation for placing on the market of a GM maize^[1] for food and feed uses. The decisions are valid for 10 years.

• On 19 October, the Commission presented to the Appeal Committee a draft decision renewing the authorising for the placing on the market of a GM oilseed rape^[2] for food uses.

• On 24 October 2023, the Commission presented to the Standing Committee a draft decision authorising the placing on the market of a GM maize and a decision renewing the authorisation for placing on the market of a GM oilseed rape[3] for food and feed uses.

AGENDA POINT 3:  DOMINICAN REPUBLIC – ANTI-DUMPING MEASURES ON CORRUGATED STEEL BARS (DS605)  

1. Statement by Costa Rica

• The EU takes note that the panel report has been appealed but that this appeal cannot be currently heard by the Appellate Body, given that it cannot function. Appeal is a right under the DSU, but its exercise amounts to effectively blocking this dispute in the current circumstances.

• This is why we encourage all parties to find a solution that preserves the rights of both the complainant and the respondent under the DSU, such as the MPIA.

AGENDA POINT 5: EUROPEAN UNION – COUNTERVAILING DUTIES ON IMPORTS OF BIODIESEL FROM INDONESIA

1. Request for the establishment of a Panel by Indonesia (WT/DS618/2)

• The European Union takes note of Indonesia's decision to request a WTO panel on Countervailing Duties on Imports of Biodiesel from Indonesia.

• The European Union recalls that it held constructive consultations with Indonesia on 4 October 2023. We had expressed hope that the consultations had provided the necessary information and clarifications.

• Indonesia is of course entitled to bring this matter to dispute settlement in the WTO, but the European Union firmly believes that the measures at stake are fully justified.

• For these reasons, the European Union is confident that it will prevail in this dispute, and that its actions will be declared in line with WTO law.

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

• Finally, the EU also reiterates the invitation to Indonesia to join the the multi-party interim appeal arbitration arrangement (MPIA) . This would preserve the availability of appeal review in this and other disputes on the basis of Article 25 of the DSU, as long as the Appellate Body is not functioning.

AGENDA POINT 6: DISCUSSIONS CONCERNING DS REFORM

• The European Union appreciates the opportunity to address, in the Dispute Settlement Body, the ongoing discussions on dispute settlement reform.
• For the European Union a well and fully functioning dispute settlement system in the WTO is a key priority. The EU agrees that a meaningful reform is needed in order to achieve this objective. We support a reform that preserves the core features of the dispute settlement system.
• We thank Marco Molina for the explanations provided today.
• The EU fully supports the ambitious schedule for the discussions, as set out by Mr Molina.  If we are to have a fully functioning dispute settlement system “by 2024”, these discussions must pave the way for agreement on dispute settlement reform at MC13.
• We are pleased with the clear support coming out of the recent Senior Officials Meeting for this process and for the ambition to deliver a dispute settlement reform by MC13.
• We welcome the progress that has already been achieved and reflected in the draft text. We hope that we can continue constructive discussions with a view to finalise the text by December.
• Finally, we wish to underscore that these discussions, pursuant to the MC12 outcome document, are open to all Members. The EU appreciates the efforts to ensure that the process is transparent and inclusive. We value the broad participation in the meetings. We welcome the reporting to the DSB, as it is the case today, which enhances the transparency and accountability of the process. We also welcome the very useful improvements (such as interpretation and translation) recently introduced and further changes to make the process more accessible. We are grateful to Mr Molina for his restless efforts to continuously improve the process.

AGENDA POINT 7: 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. This task is a shared responsibility of WTO Members.

• In order to achieve this objective, the EU agrees that a meaningful reform is needed.

•  We support a reform that preserves the core features of the dispute settlement system.

• We treat very seriously the commitment, made at MC12, of having a fully and well-functioning system by 2024 and we are committed to continuing to work towards meeting that goal.

• In the meantime, we are concerned with the impact that the absence of a fully functioning dispute settlement system is having on the international trading order. In that context, the MPIA has been put in place as an interim arrangement to preserve a fully functioning dispute settlement system among its participants and to support rules based trade. The MPIA is open to any WTO Member, and we invite any WTO Member to join as long as a solution to this impasse has not been found.                              

• The European Union reiterates its resolute condemnation of the Russian Federation's war of aggression against Ukraine, which deliberately violates the UN Charter and disregards the rules-based international order. It undermines international security and stability, and has no place in the 21st century.

• The European Union’s support for Ukraine’s independence, sovereignty, territorial integrity and right of self-defence is unwavering.

• We call on the Russian Federation to stop its acts of aggression and withdraw its troops from Ukraine. Russia must cease actions endangering the civilians and respect international humanitarian law.

• The European Union is firmly committed to ensuring full accountability for war crimes and other crimes committed against Ukraine and its people.

[1] GM maize MON 87419, maize GA21 x T25, maize 89034 x 1507 x MIR162 x NK603 x DAS-40278-9 and subcombinations and maize MIR162 (renewal).

[2] GM oilseed rape GT73.

[3] GM maize Bt11 × MIR162 × MIR604 × MON 89034 × 5307 × GA21 and subcombinations and oilseed rapes Ms8, Rf3 and Ms8 × Rf3 (renewal).