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.212)

• 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.175)

• 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 23 March 2023, the Commission referred to the Appeal Committee a draft decision renewing the authorisation of genetically modified cotton 281-24-236 x 3006-210-23. The vote resulted in ‘no opinion’.  It is now for the Commission to decide on the adoption of the draft measure.
• On 31 March 2023, the Commission will present to the Standing Committee three draft decisions authorising the placing on the market of GM Maize[1] and 3 decisions renewing the authorisation for placing on the market of GM soybeans[2].

AGENDA POINT 3: DISCUSSIONS CONCERNING DS REFORM

• The European Union appreciates the opportunity to address, in the Dispute Settlement Body, the ongoing discussions on dispute settlement reform.
• For the European Union a well and fully functioning dispute settlement system in the WTO is a key priority. The EU agrees that a meaningful reform is needed in order to achieve this objective. We support a reform that preserves the core features of the dispute settlement system.
• We treat very seriously the commitment made at MC12 “to conduct discussions with the view to having a fully and well-functioning dispute settlement system accessible to all Members by 2024”.  It is with that objective in mind, and in a constructive spirit, that we have been engaging in the discussions on dispute settlement reform for almost a year now.
• We welcome the recent change of gear in these discussions, which now relate to specific reform topics. And we thank the DPR of Guatemala for all its tireless work.
• The EU is keen to see discussions continue in a focused and result-oriented manner, with a view to having a well and fully functioning dispute settlement system by 2024. We have an ambitious schedule in place, but we must be ambitious if we are to deliver on the MC12 commitment. Indeed, these discussions must pave the way for agreement on dispute settlement reform at MC13.
• Finally, we wish to underscore that these discussions, pursuant to the MC12 outcome document, are open to all Members and the EU indeed appreciates the efforts to ensure that the process is transparent and inclusive. We value the broad participation in the meetings which contributes to the quality of the exchanges and enhances the understanding of the positions of Members on particular issues. We also welcome the reporting to the DSB, as it is the case today, which enhances the transparency and accountability of the process.

AGENDA POINT 4: APPELLATE BODY APPOINTMENTS 

• The European Union refers to its previous statements on this issue and thanks all Members who 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 priority. This task is a shared responsibility of WTO Members.
• In order to achieve this objective, the EU agrees that a meaningful reform is needed.
• We support a reform that preserves the core features of the dispute settlement system, including the right to appeal review before a standing adjudicative body.
• As mentioned in the previous agenda item, we treat very seriously the commitment, made at MC12, of having a fully functioning system by 2024 and we are committed to continuing to work towards meeting that goal.
• 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 rules-based trade. The MPIA is open to any WTO Member and we invite any WTO Member to join as long as a solution to this impasse has not been found.

Re RUSSIA / UKRAINE

• The European Union reiterates its resolute condemnation of the Russian Federation’s war of aggression against Ukraine, which deliberately violates the UN Charter and disregards the rules-based international order. It undermines international security and stability and has no place in the 21st century.
• The European Union’s support for Ukraine’s independence, sovereignty, territorial integrity and right of self-defence is unwavering.
• 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 European Union is firmly committed to ensuring full accountability for war crimes and other crimes committee against Ukraine and its people.

AGENDA POINT 5: ELECTION OF CHAIRPERSON 

• The EU would like to thank the outgoing Chair for her work.
• We warmly welcome the new Chair. And we wish you 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 you can count on the full support of the European Union.

([1]) GM maize MON 87429, MON 95379 and DP4114 x MON89034 x MON87411 x DAS-40278-9 and its   subcombinations

([2]) GM soybeans MON 87701, MON 87701 × MON 89788 and 40-3-2