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- Dispute settlement
- Dispute settlement
- WTO - Complaint against the EU
Summary of the case
- Complaint by: Indonesia
- Complaint against: EU
- Third parties: Argentina, Australia, Brazil, Canada, China, India, Japan, Norway, Russian Federation, Singapore, Turkey, Ukraine, United States
On 10 June 2014, Indonesia requested consultations with the European Union regarding (a) Article 2(5) and Article 2(6)(b) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community ["Basic AD Regulation"] as well as any subsequent amendments, replacements, implementing measures and related instruments or practices; and (b) the anti-dumping measures imposed by the European Union on imports of biodiesel originating in, inter alia, Indonesia, and the underlying investigation.
Indonesia claims that the measures are inconsistent with: Articles 1, 2.1, 2.2, 18.104.22.168, 2.2.2, 2.2.2(i), 2.2.2(iii), 2.3, 2.4, 3.1, 3.2, 3.4, 3.5, 6.5, 6.5.1, 6.9, 7.1, 7.2, 9.2, 9.3, 15, 18.4 of the Anti-Dumping Agreement; Article VI:1 and VI:2 of the GATT 1994; and Article XVI:4 of the Marrakesh Agreement.
The EU accepted the request to hold consultations. On 30 June 2015, Indonesia requested the establishment of a panel. At its meeting on 31 August 2015, the DSB established a panel. Following the agreement of the parties, the panel was composed on 4 November 2015. On 15 April 2016, the Chair of the panel informed the DSB that the panel's work had been delayed as a result of a lack of available experienced lawyers in the Secretariat and that it expected to issue its final report to the parties by mid-2017.
On 11 July 2017, the Chair of the panel informed the DSB that the panel's work was subsequently delayed due to the request of the complaining party to suspend the proceedings while awaiting the issuance of the Appellate Body Report in EU – Biodiesel (Argentina) (DS473), which was circulated on 6 October 2016.
On 4 November 2016, Indonesia requested the Panel to resume its work. On 25 January 2018, the panel report was circulated to Members. At its meeting on 28 February 2018, the DSB adopted the panel report. On 1 March 2018, Indonesia and the European Union informed the DSB that they had agreed that the reasonable period of time to implement the DSB's recommendations and rulings would be 8 months.
Accordingly, the reasonable period of time is set to expire on 28 October 2018. On 16 August 2018, the European Union submitted its status report regarding implementation. WTO website link: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds480_e.htm
Relevant WTO provision: Articles 1, 2.1, 2.2, 22.214.171.124, 2.2.2, 2.2.2(i), 2.2.2(iii), 2.3, 2.4, 3.1, 3.2, 3.4, 3.5, 6.5, 6.5.1, 6.9, 7.1, 7.2, 9.2, 9.3, 15, 18.4 of the Anti-Dumping Agreement; Article VI:1 and VI:2 of the GATT 1994; and Article XVI:4 of the Marrakesh Agreement.
- Consultations requested: 10 June 2014
- Panel requested: 30 June 2015
- Panel established: 31 August 2015
- Panel report circulated: 25 January 2018