EUROPEAN UNION — COUNTERVAILING DUTIES ON IMPORTS OF BIODIESEL FROM INDONESIA

Communication from the Panel

The following communication, dated 13 September 2024, was received from the Chairperson of the Panel with the request that it be circulated to the Dispute Settlement Body (DSB).

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Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides that the period in which a panel shall conduct its examination, from the date that the composition and terms of reference of the panel have been agreed upon until the date the final report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate the reasons, together with an estimate of the period within which it will issue its report.

The Panel on European Union – Countervailing Duties on Imports of Biodiesel from Indonesia (DS618) was established by the DSB on 27 November 2023 and composed on 14 March 2024.

The case concerns a large number of complex issues. Further, due to constraints pertaining to the availability of members of the Panel, the first substantive meeting of the Panel has been delayed. The first and the second substantive meetings of the Panel have now been scheduled without further delays. As a result, the Panel does not expect to issue its final report to the parties before June 2025, at the earliest.

The report will only be available to the public once it is circulated to the Members in all three working languages of the WTO. The date of circulation depends on completion of translation and the Panel is not in a position to provide an estimated circulation date at this time.

I would be grateful if you would circulate this letter to the DSB.

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