- Country or region
- Malaysia
- Trade topics
- Dispute settlement
- Context
- WTO - Complaint against the EU
Summary of the case
- Complaint by: Malaysia
- Complaint against: EU
- Third parties: Argentina, Australia, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, India, Indonesia, Japan, Korea, Republic Of, Norway, Russian Federation, Saudi Arabia, Singapore, Thailand, Turkey, Ukraine, United Kingdom, United States
On 15 January 2021, Malaysia requested consultations concerning certain measures adopted by the EU and certain EU Member States in the framework of their biofuels regulation, as they affect palm oil and oil palm crop-based biofuels from Malaysia.
In particular, Malaysia takes issue with the EU’s renewable energy target, the criteria for determining the high ILUC-risk feedstock, and the sustainability and GHG emission savings criteria under the relevant legislation, as well as with certain related measures. Malaysia claims that the measures at issue are inconsistent with the WTO Agreements on Technical Barriers to Trade (TBT), Tariffs and Trade (GATT) and Subsidies and Countervailing Measures (SCM).
Relevant WTO provision: Art. I:1, III:2, III:4, X:3(a), XI:1 GATT 1994; Art. 3, 5 Subsidies and Countervailing Measures (SCM); Art. 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, 12.3 Technical Barriers to Trade (TBT)
Status
- Consultations requested: 15 January 2021
- Panel requested: 15 April 2021
- Panel established: 28 May 2021