REGULAR DSB MEETING – 30 JUNE 2022

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.203)

·    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.166)

⦁    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 WTO Membership concerning the progress of the applications throughout the authorisation process, we note the following.

The Commission authorised on 29 June 2022 a genetically modified maize for food and animal feed uses. This genetically modified maize has gone through a comprehensive and stringent authorisation procedure, including a favourable scientific assessment by the European Food Safety Authority.

AGENDA POINT 2:  EUROPEAN UNION – SAFEGUARD MEASURES ON CERTAIN      STEEL PRODUCTS (DS595)

    A.    Implementation of the Recommendations of the DSB

⦁    The DSB at its last meeting adopted the panel report in this dispute. This was 30 days ago. In line with its obligation under Article 21, paragraph 3 of the DSU, the EU as the responding party and thus Member concerned 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, in its report which the DSB adopted, recommended that the European Union bring its measure into conformity with the Agreement on Safeguards and the GATT 1994 where the panel had concluded that the EU’s safeguard measure is inconsistent with those covered agreements.  These panel findings of inconsistencies related to two legal points under Article XIX:1(a) of the GATT 1994, and one legal point under Article 4.1(b) of the Agreement on Safeguards.  

⦁    The EU intends to implement the above recommendation by bringing the EU safeguard measure on certain steel products into conformity with the WTO Agreement on those points.  

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

⦁    The EU is keen to discuss and agree with Türkiye the length of this period of time at the earliest available opportunity.

AGENDA POINT 5: 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 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 will continue to engage constructively in finding, through reform, a lasting solution to the current situation regarding appointments to the Appellate Body. There is a pressing need to advance work on this.

·    The EU is pleased to be participating in the ongoing discussion process in Geneva. In line with the ‘outcome document’ concerning the Twelfth Ministerial Conference, the objective of any discussions should be to have a fully and well-functioning dispute settlement system in place by 2024 at the latest.

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·    In relation to the situation in Ukraine, the European Union stands firmly with Ukraine. It will continue to provide firm support for Ukraine’s overall economic, military, social and financial resilience, including humanitarian aid.

·    The EU resolutely condemns Russia’s indiscriminate attacks against civilians and civilian infrastructure. The EU urges Russia to immediately and unconditionally withdraw all its troops and military equipment from the entire territory of Ukraine within its internationally recognised borders.

·    International humanitarian law, including on the treatment of prisoners of war, must be respected. Ukrainians who have been forcibly removed to Russia must be immediately allowed to return safely. Russia, Belarus and all those responsible for war crimes and the other most serious crimes will be held to account for their actions, in accordance with international law.