European Union - Anti-Dumping Measures on
Biodiesel from Indonesia
Status
Report regarding implementation of the
dsb recommendations and rulings
by the European Union
The following communication,
dated 16 August 2018, from the delegation of the European Union to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to
Article 21.6 of the DSU.
_______________
The
European Union submits this report in accordance with Article 21.6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU").
On
28 February 2018, the Dispute Settlement Body ("DSB") adopted the
Panel report in the dispute European Union -
Anti-Dumping Measures on Biodiesel from Indonesia (WT/DS480) with respect to the anti-dumping measures imposed by the European Union on
imports of biodiesel originating in, inter alia, Indonesia.[1]
At
the DSB meeting of 27 March 2018, pursuant to Article 21.3 of the DSU, the European Union informed the DSB that it intended to implement
the recommendations and rulings of the DSB in this dispute in a manner that
respected its WTO obligations and that it needed a reasonable period of time in
which to do so. The European Union referred to the reasonable period of time
agreed with Indonesia and communicated to the DSB on 1 March 2018.[2]
In accordance with this agreement, the reasonable period
of time for the European Union to
implement the recommendations and rulings of the DSB in this dispute is set to
expire on 28 October 2018.
In
order to implement the recommendations and rulings of the DSB in this dispute,
the European Union reopened the anti-dumping investigation concerning imports
of biodiesel originating in, inter alia, Indonesia by publication of a Notice
in the Official Journal of the European Union on 28 May 2018 (the "Notice").[3]
All exporting producers and the European Union industry ("interested
parties") were invited by the Notice to make their views known, submit
information and provide supporting evidence. Interested parties were also
informed by the Notice of the possibility to be heard by the European
Commission investigation services and to request the intervention of the
Hearing Officer in trade proceedings.
Interested parties were also informed by the Notice that they would be subsequently informed of
the findings of the investigation and would be given an opportunity to comment.
[1] Commission Regulation (EU) No. 490/2013
of 27 May 2013 imposing a provisional anti-dumping duty
on imports of biodiesel originating in Argentina and Indonesia (OJ L 141, 28.5.2013, p. 6) (“Provisional
Regulation”); Council Implementing Regulation (EU) No. 1194/2013 of 19 November 2013
imposing a definitive anti-dumping duty and collecting definitively the
provisional duty imposed on imports of biodiesel originating in Argentina and
Indonesia (OJ L 315, 26.11.2013, p. 2)
(“Definitive Regulation”).
[2] WT/DS480/7 - European Union - Anti-Dumping Measures on Biodiesel
from Indonesia - Agreement under article 21.3(b) of the DSU.
[3] Notice concerning the judgments of the General Court of 15
September 2016 in Cases T-80/14, T-111/14 to T- 121/14
and T-139/14 regarding Council Implementing Regulation (EU) No 1194/2013 imposing a
definitive anti-dumping duty and collecting definitively the provisional duty
imposed on Argentinian and Indonesian imports of biodiesel, and following the
recommendations and rulings adopted by the Dispute Settlement Body of the World Trade Organisation in disputes
DS473 and DS480 (EU — Anti-Dumping Measures on
Biodiesel disputes) (OJ C
181, 28.05.2018, p. 5).