STATUS REPORT REGARDING IMPLEMENTATION OF
THE DSB RECOMMENDATIONS AND RULINGS
BY THE EUROPEAN UNION
Addendum
The following
communication, dated 13 October 2025, 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
26 April 2024, the Dispute Settlement Body ("DSB") adopted its
recommendations and rulings in the dispute European Union and Certain Member
States — Certain Measures Concerning Palm Oil and Oil Palm Crop-Based Biofuels
(WT/DS 600). At the DSB meeting of 24 May 2024, the European Union notified the
DSB that it intended to implement the recommendations and rulings of the DSB in
this dispute in a manner that respects its WTO obligations but that it needed a
reasonable period of time to do so. On 21 January 2025, Malaysia and the
European Union agreed that the reasonable period of time for the European Union
to implement the recommendation and rulings of the DSB will expire on 1 January
2026.
Regarding
the recommendations and rulings of the DSB relating to the timely review of the
data used to determine which biofuels are high-Indirect Land Use Change ("ILUC")
risk, the European Union is reviewing the Delegated Regulation (Commission
Delegated Regulation (EU) 2019/807 of 13 March 2019 supplementing Directive
(EU) 2018/2001 of the European Parliament and of the Council as regards the
determination of high indirect land-use changerisk feedstock for which a
significant expansion of the production area into land with highcarbon stock is
observed and the certification of low indirect land-use change-risk biofuels,
bioliquids and biomass fuels, OJ 2019 L 133, p. 1) and preparing the necessary
actions.
Regarding
the recommendations and rulings of the DSB relating to the design and
implementation of the low ILUC-risk criteria and certification procedure, the
European Union adopted on 14 June 2022 the Commission Implementing
Regulation (EU) 2022/996 of 14 June 2022 on rules to verify sustainability and
greenhouse gas emissions saving criteria and low indirect land-use change‑risk
criteria (OJ L 168, 27.6.2022, p. 1).
Regarding
the recommendation and rulings of the DSB relating to the French TIRIB (Taxe
Incitative Relative à l'Incorporation de Biocarburant) measure, work is ongoing
to address the relevant issues as part of a larger legislative reform.
__________