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WT/DS593 - European Union - Certain measures concerning palm oil and oil palm crop-based biofuels

WTO dispute settlement case - Complaint against the EU

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Dispute settlement
WTO - Complaint against the EU

Summary of the case

  • Complaint by: Indonesia
  • Complaint against: EU
  • Third parties: Argentina, Australia, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, India, Japan, Korea, Republic Of, Malaysia, Norway, Russian Federation, Singapore, Thailand, Turkey, United States

Complaint by Indonesia. On 9 December 2019, Indonesia requested consultations with the European Union concerning the EU’s renewable energy framework, notably the recast Renewable Energy Directive (EU) No 2018/2001 (RED II) and the related Delegated Regulation (EU) No 2019/807, as well as certain French measures. Indonesia challenges these measures under the WTO Agreements on Technical Barriers to Trade (TBT) (Articles 2.1, 2.2, 2.4, 2.5, 2.8, 2.9, 5.1.1, 5.1.2, 5.2, 5.6, 5.8, 12.1 and 12.3), Tariffs and Trade (GATT) (Articles I:1, III:2, III:4, X:3(a) and XI:1) and subsidies (SCM) (Articles 3.1(b) and 5).

Indonesia claims that these measures constitute, among other things, unnecessary obstacles to trade, fail to rely on scientific evidence and relevant international standards, amount to quantitative restrictions, and fail to ensure a uniform, impartial and reasonable administration of laws by the EU.

Indonesia also claims that certain Member State support schemes amount to actionable subsidies causing adverse effect to Indonesia’s interests.

Relevant WTO provision: Articles 2.1, 2.2, 2.4, 2.5, 2.8, 2.9, 5.1.1, 5.1.2, 5.2, 5.6, 5.8, 12.1 and 12.3 TBT Agreement; Articles I:1, III:2, III:4, X:3(a) and XI:1 GATT; Articles 3.1(b) and 5 ASCM.


  • Consultations requested: 09 December 2019
  • Panel requested: 18 March 2020
  • Panel established: 29 July 2020


EU submissions and other related documents

Full case details and WTO documents on the WTO website

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