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

24.11.2025
Geneva
EU mission to the WTO in Geneva - Press and information team

EU statements delivered by Mr. Davide Grespan, Minister-Counsellor and 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.240)

  • 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.203)

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

  • On 4 July 2025, the Commission adopted the Decision authorising the placing on the market of GM soybean ([1]) for food and feed uses.

  • On 15 July 2025, the Commission presented for a vote to the Appeal Committee one decision authorising the placing on the market of GM maize DP51291. The vote taken during the meeting resulted in ‘no opinion’. The Commission decision was adopted on 22 September ([2]).

  • On 15 September 2025, the Commission presented five draft decisions for a vote to the Standing Committee on Plants, Animals, Food and Feed (Section on Genetically Modified Food and Feed and Environmental Risk). These decisions included authorising the placing on the market of one GM maize, DAS1131, and renewing four authorisations for GM cotton MON 88913, GM oilseed rape MON 88302, GM soybean MON 87708, and GM maize MON 87427. The votes taken during the meeting resulted in ‘no opinion.’ The draft decisions were submitted to the Appeal Committee on 21 October for a vote and the vote resulted in ‘no opinion’. The Commission will now decide on these authorisations, except for the renewal of the authorisation for GM cotton, whose authorisation holder informed the Commission of its withdrawal for commercial reasons on 28 October 2025.

  • On 14 October 2025, the Commission presented two draft decisions for a vote to the Standing Committee on Plants, Animals, Food and Feed (Section on Genetically Modified Food and Feed and Environmental Risk). These decisions included authorising the placing on the market of one GM sugar beet, KWS20-1, and renewing one authorisation for GM maize NK 603. The votes taken during the meeting resulted in ‘no opinion.’ The draft decisions were submitted to the Appeal Committee on 28 November 2025.

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

1.7       EUROPEAN UNION AND CERTAIN MEMBER STATES – CERTAIN MEASURES CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS: Status Report by the European Union (WT/DS600/12.Add.3)

  • Madam Chair, as last explained on 24 October 2025, the European Union is currently working on the implementation of the DSB recommendations and rulings in this dispute and is making its best efforts to complete the implementation before the expiry of the agreed reasonable period of time on 1 January 2026.
  • Firstly, the European Union has already adopted Commission Implementing Regulation (EU) 2022/996 of 14 June 2022 on rules to verify sustainability and greenhouse gas emissions saving criteria and low indirect land-use change-risk criteria, to address DSB recommendations and rulings relating to the design and implementation of the low Indirect Land Use Change (ILUC) criteria and certification procedure.
  • Secondly, the European Union is preparing the necessary actions to secure the review of the data used to determine which biofuels are high-Indirect Land Use Change risk.
  • Thirdly, work is currently ongoing to address the DSB recommendations and rulings relating to the French TIRIB (Taxe Incitative Relative à l'Incorporation de Biocarburant) measure as part of a larger legislative reform.

Second intervention

The EU submitted its first Status Report on the implementation of the DSB recommendations and rulings in this dispute six months following the date of establishment of the reasonable period of time, in line with Article 21.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

  • The EU has subsequently submitted regular Status Reports as required, in due time.
  • As reported, the EU has been working and continues to work on securing timely implementation within the agreed timeframe. In so doing, the EU is following the internal procedures in place. The EU looks forward to reporting additional progress to the DSB in due course.
  • We would like to recall that when agreeing on the reasonable period of time, the EU provided a clear explanation of the procedural steps that need to be taken.

AGENDA POINT 3: COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES FROM BELGIUM, GERMANY AND THE NETHERLANDS: RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION

  1. Report of the Panel (WT/DS591/RW and WT/DS591/RW/Add.1)
  • The EU would like to thank the Panel and the Secretariat for their diligent work in these proceedings.
  • The compliance panel report confirmed that Colombia incorrectly implemented the panel report and the Appeal Arbitration Award.
  • We urge Colombia to take immediate action to implement the ruling.
  • Finally, we would like to take this opportunity and recall that both Colombia and the EU are participants in the MPIA and this dispute benefitted from a fully functioning dispute settlement system despite the paralysis of the Appellate Body.

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 and a key priority. That is evidenced by the large number of Members co-sponsoring the present proposal relating to the appointment of members of the Appellate Body.

  • The EU remains committed to reforming the dispute settlement system so that it meets the interests of all Members and supports rules-based trade.

  • That said, despite the substantial work done by Members in dispute settlement reform discussions since MC12, it has now been more than six 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. The MPIA now covers 58 Members and close to 60% of world trade after the recent decision of Viet Nam to join the MPIA. 

  • While we continue to hope to find a long-lasting solution, we invite other Members to join the MPIA in the interim, to strengthen the multilateral rules-based trading order.

A.O.B.

EUROPEAN UNION- COUNTERVAILING AND ANTI-DUMPING DUTIES ON STAINLESS STEEL COLD-ROLLED FLAT PRODUCTS FROM INDONESIA

Report of the Panel (WT/DS616/R and WT/DS616/R/Add.1)

  • First of all, the European Union thanks the panellists and the WTO Secretariat for their work on this dispute. We acknowledge the time and effort dedicated to this dispute.
  • Second, in the context of this dispute and other disputes, including Indonesia — Raw Materials (DS592), the EU has repeatedly invited Indonesia to join the Multi-party appeal arbitration arrangement (“MPIA”) or to agree to similar appeal arbitration procedures on a bilateral and reciprocal basis. This would have allowed the European Union and Indonesia to preserve the main principles and features of the WTO dispute settlement system in disputes between them, despite the persisting blockage of appointments to the Appellate Body. That includes the parties’ right to a binding resolution of trade disputes in the WTO and to an independent and impartial appeal review of panel reports.
  • The European Union regrets that, to date, Indonesia has not taken up these offers.
  • Instead, Indonesia decided to appeal the panel report in Indonesia — Raw Materials (DS592) before the non-functioning Appellate Body, de facto blocking the final and binding resolution of that dispute while alternative appeal arrangements were on the table.
  • In the dispute we are dealing with today, in the absence of appeal arbitration being available to review the legal errors contained in the panel report, the European Union has no choice but to exercise its right to appeal pursuant to Article 16(4) of the DSU.
  • In so doing, the European Union is focusing its appeal on errors that it believes constitute serious errors of law or legal interpretation that need to be corrected.

Re Ukraine/Russia

  • 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 and unwavering 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.

  • We underscore the need to reach, as soon as possible, a comprehensive, just, and lasting peace in Ukraine, in full respect of Ukraine’s sovereignty and territorial integrity, based on the principles of the Charter of the United Nations.

([1])          GM soybean MON 87705 × MON 87708 × MON 89788 

([2])          OJ L, 2025/1898, 23.9.2025.