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.219)

• 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.181)

• 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 19 October, the Commission presented to the Appeal Committee a draft decision renewing the authorising for the placing on the market of a GM oilseed rape^[1] for food uses. The vote resulted in ‘no opinion’. It is now for the Commission to decide on the adoption of the draft decision.

• On 24 October 2023, the Commission presented to the Standing Committee a draft decision authorising the placing on the market of a GM maize and a decision renewing the authorisation for placing on the market of a GM oilseed rape[2] for food and feed uses.The votes resulted in ‘no opinion’. The draft decisions will be referred to the Appeal Committee during the meeting of 28 November 2023.

AGENDA POINT 2:  COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES FROM BELGIUM, GERMANY AND THE NETHERLANDS (DS591)

• We thank Colombia for its statement of today. Nevertheless, the European Union is disappointed by Colombia’s failure to implement the Arbitrators’ Award by the end of the reasonable period of time, which ended on 5 November. Given the particularities of this case, the reasonable period of time was more than sufficient to implement all Arbitrators’ findings.
• We take note of Colombia’s statement today. The European Union reserves its right to express its views on the matter at a later stage.
• The European Union regrets that Colombia has so far not provided any status report in this dispute, inconsistently with its obligations pursuant to Article 21.6 of the WTO Dispute Settlement Understanding. This obviously makes it even more difficult for the European Union to assess Colombia’s progress in the implementation of the recommendations and rulings in the Arbitrators’ Award. We urge Colombia to respect its obligations under Article 21.6 DSU and, in particular, to provide a status report with respect to this dispute as soon as possible.

AGENDA POINT 3: EUROPEAN UNION – COUNTERVAILING DUTIES ON IMPORTS OF BIODIESEL FROM INDONESIA

1. Request for the establishment of a Panel by Indonesia (WT/DS618/2)

• The European Union regrets Indonesia’s decision to request a WTO panel on countervailing duties on imports of biodiesel from Indonesia.

• Indonesia is of course entitled to bring this matter to dispute settlement in the WTO, but the European Union firmly believes that the measures at stake are fully justified.

• The European Union is therefore confident that it will prevail in this dispute, and that its measures will be declared in line with WTO law.

• The EU stands ready to preserve the availability of appeal review through the Multi-party interim appeal arbitration arrangement (known as the MPIA) and stands open to work torwards this with Indonesia.

AGENDA POINT 6: 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. 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.

• We treat very seriously the commitment, made at MC12, of having a fully and well-functioning system by 2024 and we are committed to continuing to work towards meeting that goal.

• We welcome the progress that has already been achieved in the ongoing discussions and that is reflected in the draft text. We hope that we can continue constructive discussions with a view to finalise the text by December.

• 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 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 committed against Ukraine and its people.

AOB

• We thank India for introducing the joint communication but would like to recall our statement made at the last DSB meeting under the agenda point “Discussions Concerning DS Reform”.

• As previously mentioned, we are committed and strongly support the ongoing process as we treat very seriously the commitment, made at MC12, of having a fully and well-functioning system accessible to all by 2024.

• We acknowledge the importance of accessibility of the ongoing process. The EU appreciates the efforts already made to ensure that the process is transparent, inclusive and multilateral and we are grateful to Mr Molina for his restless efforts to continuously improve the ongoing informal discussions.

• If were are to have a fully functioning dispute settlement system “by 2024”, these discussions must pave the way for agreement on dispute settlement reform at MC13. We agree with previous statements encouraging a pragmatic approach.

[1] GM oilseed rape GT73.

[2] GM maize Bt11 × MIR162 × MIR604 × MON 89034 × 5307 × GA21 and subcombinations and oilseed rapes Ms8, Rf3 and Ms8 × Rf3 (renewal).