DS618: European Union — Countervailing Duties on Imports of Biodiesel from Indonesia

Indonesia expressed regret that the EU decided to appeal the panel’s findings before a non-functioning Appellate Body. The EU recalled that it had invited Indonesia to join the multi-party interim appeal arrangement (MPIA) so that both parties can preserve their rights to a binding resolution of trade disputes despite the blockage of appointments to the Appellate Body.  The MPIA is a contingent measure to safeguard the right to appeal in the absence of a functioning Appellate Body. 

Given the ongoing lack of agreement among WTO members regarding the filling of Appellate Body vacancies, there is no Appellate Body Division available at the current time to deal with the appeal in the dispute concerning countervailing duties imposed by the European Union on imports of biodiesel from Indonesia. Further information will be available within the next few days in document WT/DS618/5.

DS611: China — Enforcement of Intellectual Property Rights

China informed the DSB it has fully complied with the rulings and recommendations contained in the arbitration award in the appeal proceedings initiated by the EU via the MPIA. China said nevertheless that the MPIA award was deeply concerning in its interpretation of WTO agreements.

The EU said it welcomed the ruling. It said the MPIA proceedings demonstrated that dispute settlement can be conducted swiftly and efficiently while fully preserving the procedural rights of parties. The EU said based on information available at this stage, it cannot yet share the view that China has fully implemented the arbitration award.

Australia, Canada, Japan and the United Kingdom – third parties to the dispute – echoed the EU in saying that the arbitration award demonstrates the effectiveness of the MPIA.

Appellate Body appointments

Colombia, speaking on behalf of 130 members, introduced for the 90th time the group’s proposal to start the selection processes for filling vacancies on the Appellate Body. The extensive number of members submitting the proposal reflects a common interest in the functioning of the Appellate Body and, more generally, in the functioning of the WTO’s dispute settlement system, Colombia said.

The United States said it does not support the proposed decision and said it continued to reflect on the extent to which it is possible to achieve such a reformed WTO dispute settlement system that advances US interests while preserving US sovereignty. The US highlighted its active participation in WTO dispute settlement but said there was a lack of effective outcomes for its industries, noting delays, non-compliance and unsatisfactory measures, leading it to explore alternative tools to address stakeholder concerns.

More than 20 members took the floor to comment, two speaking on behalf of a group of members. Several members urged others to consider joining the MPIA.

Colombia, on behalf of the 130 members, said it regretted that for the 90th occasion members have not been able to launch the selection processes. Ongoing conversations about reform of the dispute settlement system should not prevent the Appellate Body from continuing to operate fully, and members shall comply with their obligation under the Dispute Settlement Understanding to fill the vacancies as they arise, Colombia said for the group.

Dispute settlement reform

The DSB Chair, Ambassador Clare Kelly (New Zealand), reported on her informal consultations on dispute settlement reform, adding that General Council Chair Ambassador Saqer Abdullah Almoqbel (Kingdom of Saudi Arabia) is of the view that they both should start formal, joint consultations with the membership after the October General Council meeting to build on these informal consultations.

Surveillance of implementation

The EU presented it status report with regard to DS600 “European Union and Certain Member States – Certain Measures Concerning Palm Oil and Oil Palm Crop-Based Biofuels” and  DS291, “EC — Measures Affecting the Approval and Marketing of Biotech Products.”

The United States presented status reports with regard to DS184, “US — Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan”,  DS160, “United States — Section 110(5) of US Copyright Act”, DS464, “United States — Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea”, and DS471, “United States — Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China.”

Indonesia presented its status reports in DS477 和 DS478, “Indonesia — Importation of Horticultural Products, Animals and Animal Products.” 

Next meeting

The next regular DSB meeting will take place on 24 October 2025.

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