EU wins action on non-compliance by Colombia in WTO frozen fries dispute

Once the report is adopted, Colombia will need to take swift action to rectify the situation and repeal the illegal measures without delay. 

The compliance panel ruled in favour of the EU on the claim that Colombia acted inconsistently with its WTO obligations when calculating and imposing anti-dumping duties on frozen fries from several EU Member States. The panel agreed with the EU that Colombia artificially created and/or inflated the dumping margins by using WTO-incompatible methodologies.

Since both Colombia and the EU are participants in the Multi-party Interim Appeal Arbitration Arrangement (MPIA), this dispute benefited from a fully functioning dispute settlement system at the WTO despite the paralysis of the Appellate Body. The deadline for appealing the compliance panel report under the MPIA has expired, with neither party having appealed. 

Next steps

In line with a procedural agreement on this case between the EU and Colombia, both parties can now request the adoption of the compliance panel report by the WTO Dispute Settlement Body (DSB) at its meeting on 24 November 2025. If adopted, the report will become binding between the EU and Colombia, and Colombia will have to take swift action to implement the ruling. In the absence of full compliance by Colombia, the EU will at any time be able to request the WTO to authorise suspension of concessions or other obligations to induce full compliance.

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. 

Concerned about the incompatibility of Colombia’s tariffs with WTO rules, the EU requested WTO consultations with Colombia 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 claimed 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 considered 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