EUROPEAN UNION AND CERTAIN MEMBER STATES - CERTAIN MEASURES
CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS

Request for the Establishment of a Panel by Malaysia

The following communication, dated 15 April 2021, from the delegation of Malaysia to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

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My authorities have instructed me to request the establishment of a panel pursuant to Articles 4.7 and 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ('DSU'), Article XXIII of the General Agreement on Tariffs and Trade 1994 ('GATT 1994'), Article 14.1 of the Agreement on Technical Barriers to Trade ('TBT Agreement') and Article 30 of the Agreement on Subsidies and Countervailing Measures ('SCM Agreement') regarding certain measures imposed by the European Union ('EU') and certain EU Member States affecting palm oil and oil palm crop-based biofuel from Malaysia.

On 15 January 2021, Malaysia requested consultations with the EU, as well as France and Lithuania, pursuant to Article 4 of the DSU, Article XXII of the GATT 1994, Article 14.1 of the TBT Agreement and Article 30 of the SCM Agreement. This request was circulated on 19 January 2021 as document WT/DS600/1. The consultations were held on 17 March 2021 with a view to reaching a mutually agreed solution. Regretfully, the consultations failed to settle the dispute.

As a result, Malaysia respectfully requests that a panel be established pursuant to the dispute settlement provisions referred to above to examine the measures at issue, identified in this request, on the basis of the standard terms of reference as set out in Article 7.1 of the DSU.