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    • European Union — Certain measures concerning palm oil and oil palm crop-based biofuels


    Status: Pending

    Subject: GATT 1994, SCM Agreement, TBT,

    Respondent: European Union

    Complainant(s): Indonesia,

    Third Parties: Argentina, Brazil, Canada, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, United States, China, Norway, Russian Federation, Turkey, Japan, Korea, India, Australia, Malaysia, Singapore, Thailand,

    Dispute Number: DS593

    Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds593_e.htm



    On December 9, 2019, Indonesia requested consultations with the European Union regarding certain measures imposed by the European Union and its member States concerning palm oil and oil palm crop-based biofuels from Indonesia. 

    Indonesia claimed that the measures imposed by the European Union appear to be inconsistent with:

    • 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 of the TBT Agreement; and

    • Articles I:1, III:4, X:3(a) and XI:1 of the GATT 1994.

    Indonesia claimed that the measures imposed by the European Union member States appear to be inconsistent with:

    • Articles 3.1(b) and 5 of the SCM Agreement; and • Articles I:1 and III:2 of the GATT 1994.

    On December 19, 2019, Costa Rica and Guatemala requested to join the consultations. On December 20, 2019, Colombia requested to join the consultations. On December 23, 2019, Malaysia requested to join the consultations. On December 24, 2019, Argentina requested to join the consultations. On December 26, 2019, Thailand requested to join the consultations. Subsequently, the European Union informed the DSB that it had accepted the requests of Colombia, Costa Rica, Guatemala, Malaysia, and Thailand to join the consultations.

    On March 18, 2020, Indonesia requested the establishment of a panel. At its meeting on June 29, 2020, the DSB deferred the establishment of a panel. At its meeting on July 29, 2020, the DSB established a panel. Argentina, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, India, Japan, Korea, Malaysia, Norway, Russia, Singapore, Thailand, Turkey and the United States reserved their third-party rights.

    On November 2, 2020, Indonesia requested that the composition of the panel be determined pursuant to Article 8.7 of the DSU. On November 12, 2020, Deputy Director-General Yonov Frederick Agah, acting in place of the Director-General, composed the panel.
     

    Panel Proceedings
    Brief Date Brief Description
    06/03/2021 U.S. Third-Party Integrated Executive Summary
    05/27/2021 U.S. Third-Party Answers to Panel Questions
    04/27/2021 U.S. Third-Party Oral Statement
    03/19/2021 U.S. Third-Party Submission