EU takes further action in Colombia frozen fries dispute

The EU considers that the measures taken by Colombia so far fail to comply with the World Trade Organisation's (WTO) findings and recommendations in the frozen fries case, which largely confirmed the EU’s concerns about the incompatibility of Colombia’s tariffs with WTO rules. 

Initially, the EU held consultations with Colombia in line with the WTO framework, but these have failed to resolve the matter. Consequently, by requesting the establishment of a compliance panel, the EU continues to pursue an outcome whereby Colombia will implement the WTO rulings correctly and in full. Once established, a compliance panel will have 90 days to issue a report. 

Background

Anti-dumping duties were initially imposed by Colombia on frozen fries from the EU in November 2018, affecting nearly 85% of EU exports, which are valued at €19.3 million. Following an expiry review, Colombia extended its anti-dumping duties until 30 September 2027, with the possibility of further extensions. 

The EU requested WTO consultations with Columbia on the matter (DS591) in November 2019. The WTO panel issued its final report – largely siding with the EU – on 22 August 2022, while the Arbitrators’ Award under the MPIA was issued on 21 December 2022. 

Colombia claims to have implemented the findings and recommendations of both through its Ministerial Resolution of 21 November 2023. Through this resolution, Colombia revised its original determination to address adverse findings but concluded that anti-dumping duties should continue with adjusted dumping margins. However, the EU considers that Colombia artificially created and/or inflated the dumping margins by using WTO-incompatible methodologies and therefore requested compliance consultations with Colombia on 31 May 2024.

For more information

Case on EU website

Case on WTO website

Dispute Settlement in the EU