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 31 March 2023, the Commission presented 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].. The votes resulted in ‘no opinion’. The six draft decisions will be referred to the Appeal Committee on 11 May 2023.

AGENDA POINT 2: EUROPEAN UNION – Countervailing and Anti-Dumping Duties on Stainless Steel Cold-Rolled Flat products from Indonesia

1. REQUEST FOR THE ESTABLISHMENT OF A PANEL BY INDONESIA (WT/DS616/2)

• The European Union takes note of Indonesia's decision to request a WTO panel on Countervailing and Anti-Dumping Duties on Stainless Steel Cold-Rolled Flat Products from Indonesia.

• The European Union recalls that it held constructive consultations with Indonesia on 13 March 2023. We had expressed hope that the consultations had provided the necessary information and clarifications.

• 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.

• For these reasons, the European Union is confident that it will prevail in this dispute, and that its actions will be found WTO compatible.

• In today’s meeting, the European Union is not ready to accept the establishment of a panel.

• The EU also stands ready to discuss with Indonesia reciprocal interim arrangements that would preserve the availability of appeal review in this and other disputes on the basis of Article 25 of the DSU, as long as the Appellate Body is not functioning, such as through the multi-party interim appeal arbitration arrangement (MPIA).

AGENDA POINT 5: 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 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 to conduct discussions with the view of having a fully and well-functioning dispute settlement 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.

• 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.

• 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 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 Ukraines’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.

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

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