EU Statements at the Regular Dispute Settlement Body (DSB), 28 March 2022
The EU condemns in the strongest possible terms the Russian Federation's unprovoked and unjustified military aggression in Ukraine. This aggression grossly violates international law and undermines international security and stability. We call on Russia to end immediately its acts of aggression, to withdraw its troops and to respect fully Ukraine’s territorial integrity, sovereignty and independence within its internationally recognised borders. We stand firmly by Ukraine and its people.
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.200)
- 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.163)
- 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.
- To update the Membership of WTO concerning the progress of the applications throughout the authorisation process, we note the following.
-... First, the written procedure on two draft decisions authorising genetically modified oilseed rape 73496 and genetically modified cotton GHB811 (both of which were presented at the on-line Appeal Committee meeting on 10 February 2022) resulted in ‘no opinion’. It is now for the Commission to decide on the adoption of these Implementing Decisions.
-... Second, the written procedure on the vote on the draft authorising genetically modified soybean GMB151 (which was presented at the online Appeal Committee meeting of 3 March 2022) resulted in ‘no opinion’. It is now for the Commission to decide on the adoption of this Implementing Decision.
-... Third, on 1 April 2022, the Commission plans to present in the Standing Committee a draft decision authorising genetically modified maize NK603 x T25 x DAS-40278-9.
-.... Finally, the written procedure on the draft decision authorising a genetically modified soybean MON 87769 × MON 89788 (which was presented at the online Standing Committee meeting of 16 February) resulted in ‘no opinion’. This decision is now referred to the Appeal Committee of 5 April 2022.
AGENDA POINT 3: APPELLATE BODY APPOINTMENTS
- The European Union refers to its previous statements on this issue.
- 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 critical for a rules-based multilateral trading system.
- This is why the most urgent area of WTO reform involves finding an agreed basis to restore such a system and proceeding to the appointment of the members of the Appellate Body. This task should be addressed as a priority.
- As we have consistently noted, WTO Members have a shared responsibility to resolve this issue as soon as possible, and to fill the outstanding vacancies as required by Article 17.2 of the DSU.
- The EU agrees that a meaningful reform is needed in order to achieve this objective.
- The EU therefore renews its call on all WTO Members to engage in a constructive discussion as soon as possible in order to restore a fully functioning WTO dispute settlement system.
- We thank all Members that have co-sponsored the proposal to launch the appointment processes.