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.224)

• 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.

1.3.         EUROPEAN COMMUNITIES – MEASURES AFFECTING THE APPROVAL AND MARKETING OF BIOTECH PRODUCTS: STATUS REPORT BY THE EUROPEAN UNION (WT/DS291/37/ADD.187)

• 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 26 April 2024, the Commission presented to the Standing Committee two decisions authorising the placing on the market of a GM maize (GM maize DP-023211-2 and maize DP-915635-4) and one decision renewing the authorisation for placing on the market of GM maize MON 810 for food and feed uses. The votes taken during the meeting resulted in ‘no opinion’ and these implementing acts were submitted to the Appeal Committee which will take place on 29 May for further deliberation.

AGENDA POINT 2: IMPLEMENTATION OF THE RECOMMENDATIONS OF THE DSB

2.1.      EUROPEAN UNION AND CERTAIN MEMBER STATES – CERTAIN MEASURES CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS

• 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 Agreement.
• 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 Malaysia the length of this period of time at the earliest available opportunity.

AGENDA POINT 3: 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 welcome the progress that has already been achieved in dispute settlement reform discussions. We hope that we can continue constructive discussions focusing on the outstanding issues identified at MC13, and, in particular, on the crucial issue of appeal.
• 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 rule-based trade. We welcome the Philippines as the latest MPIA participant. The MPIA is open to any WTO Member, and we invite any WTO Member to join as long a solution to this impasse has not been found.

Re Ukraine-Russia

• Over two years into the war of aggression that the Russian Federation launched against Ukraine, in manifest violation of its obligations under the UN Charter and international law, the European Union is ever more steadfast in its support for Ukraine’s independence, sovereignty and territorial integrity within its internationally recognised borders.
• 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 Russian Federation and its leadership must be held fully accountable for waging a war of aggression against Ukraine and for other most serious crimes under international law, as well as for the massive damage caused by its war.