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EU STATEMENTS AT THE REGULAR DISPUTE SETTLEMENT BODY MEETING, 24 FEBRUARY 2025

24.02.2025
Geneva
EU mission to the WTO in Geneva - Press and information team

Statements made by Mr. Victor GARCÍA-LOPEZ-BERGES, Attaché

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.232)

  • 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.195)

  • We recall that the EU approval system is not covered by the DSB’s recommendations and rulings.
  • On 22 November 2024 the Commission presented for votes to the Standing Committee two decisions authorising the placing on the market of two GM maize ([1]). 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.

AGENDA POINT 2: PANAMA – MEASURES CONCERNING THE IMPORTATION OF CERTAIN PRODUCTS FROM COSTA RICA (DS599)

2.1. Statement by Costa Rica

  • This case is yet another illustration of the ongoing challenges facing the WTO system.
  • 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.
  • In addition, the EU would like to encourage Panama to align its practices with the provisions of the SPS Agreement. Addressing the issues in this case in accordance with WTO rules would also help tackling the EU’s longstanding SPS concerns, in particular with pre-listing.

AGENDA POINT 4: EUROPEAN UNION – CERTAIN MEASURES CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS 

4.1 Report of the Panel (WT/DS593/R and WT/DS593/R/Add1)

  • The EU would like to thank the Panel and the Secretariat for their work in this dispute.
  • The Panel confirmed that the legal framework of the Renewable Energy Directive II is WTO compatible, provided certain changes are made.
  • The EU welcomes the Panel’s findings which uphold the ability of Members to protect the environment and combat climate change within the WTO legal framework. They confirm that the EU has the right to take measures to ensure that its policies on renewable fuels do not exacerbate greenhouse gas emissions associated with indirect land use change.
  • The EU is not acting extra-territorially when doing so. Climate change is global in nature, meaning there is a nexus between the EU’s territory and the objective of limiting greenhouse gas emissions, and particularly in avoiding that consumption in the EU leads to increased emissions and adverse environmental effects .
  • The Panel found that the RED II Directive and the Delegated Act at issue aim to achieve legitimate environmental objectives and the rules addressing ILUC-risk are science-based.
  • The EU would also like to highlight some concerns about the methodology of the Panel when deciding on what is a “product characteristic” and hence will constitute a “technical regulation” falling under the scope of the TBT Agreement. In our view this approach is unduly broad and could mean that the TBT Agreement covers more measures than was intended. The EU reserves its rights to raise this issue again should it come up in another dispute.

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 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.

AGENDA POINT 6: ELECTION OF CHAIRPERSON

  • The EU would like to thank the outgoing Chair for his work.
  • We warmly welcome the new Chair, and we wish her well in this important and challenging role. Given the current challenges facing the dispute settlement system, it is all the more important that the DSB continues to properly exercise its functions as envisaged by the DSU. We trust in the new Chair's commitment to ensuring that. And she can count on the full support of the European Union.

REGULAR DSB MEETING – 24 FEBRUARY 2025

  • 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 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.

 

 

([1]) GM maize MON 95275 and DP910521