European Union — Anti-Dumping Measures on Biodiesel from Indonesia

 

Short title:	EU — Biodiesel (Indonesia)
Complainant:	Indonesia
Respondent:	European Union
Third Parties (original proceedings):	United States; Japan; Turkey; Singapore; India; China; Canada; Argentina; Australia; Norway; Russian Federation; Brazil; Ukraine
Agreements cited: (as cited in request for consultations)	Art. 1, 2, 2.1, 2.2, 2.2.1.1, 2.2.2, 2.3, 2.4, 3.1, 3.2, 3.4, 3.5, 6.5, 6.5.1, 7.1, 7.2, 9.2, 9.3, 15, 18.4  Anti-dumping Art. XVI:4  Agreement Establishing the World Trade Organization Art. VI, VI:1, VI:2  GATT 1994
Agreements cited: (as cited in panel request)	Art. 2.2, 2.2.1.1  Anti-dumping Art. VI:1  GATT 1994 Art. XVI:4  Agreement Establishing the World Trade Organization Art. 2.2.2(i), 18.4, 2.2.2, 2.2.2(iii), 2.4, 2.3, 9.3, 3.1, 3.4, 3.5, 6.5, 6.5.1, 7.1, 7.2, 9.2, 9.3, 1  Anti-dumping Art. VI  GATT 1994
Consultations requested:	10 June 2014
Panel requested:	30 June 2015
Panel established:	31 August 2015
Panel composed:	4 November 2015
Panel report circulated:	25 January 2018 (adopted on 28 February 2018 )

 

Consultations

 

Complaint by Indonesia.

 

On 10 June 2014, Indonesia requested consultations with the European Union on: (a) provisions of Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community; and (b) anti-dumping measures imposed in 2013 by the European Union on imports of biodiesel originating in, inter alia, Indonesia.

 

Indonesia claims that the measures are inconsistent with:

 

- Articles 1, 2, 2.1, 2.2, 2.2.1.1, 2.2.2, 2.3, 2.4, 3.1, 3.2, 3.4, 3.5, 6.5, 6.5.1, 7.1, 7.2, 9.2, 9.3, 15 and 18.4 of the Anti-Dumping Agreement;

 

- Article XVI:4 of the WTO Agreement; and

 

- Articles VI, VI:1 and VI:2 of the GATT 1994.

 

On 30 June 2015, Indonesia requested the establishment of a panel. At its meeting on 20 July 2015, the DSB deferred the establishment of a panel.

 

Panel and Appellate Body proceedings

 

At its meeting on 31 August 2015, the DSB established a panel. Argentina, Australia, Canada, China, India, Japan, Norway, the Russian Federation, Singapore, Turkey and the United States reserved their third-party rights.

 

Following the agreement of the parties, the panel was composed on 4 November 2015.

 

On 15 April 2016, the Chair of the panel informed the DSB that the panel's work had been delayed as a result of a lack of available experienced lawyers in the Secretariat and that it expected to issue its final report to the parties by mid-2017. On 11 July 2017, the Chair of the panel informed the DSB that the panel's work was subsequently delayed due to the request of the complaining party to suspend the proceedings while awaiting the issuance of the Appellate Body Report in EU – Biodiesel (Argentina) (DS473), which was circulated on 6 October 2016. On 4 November 2016, Indonesia requested the Panel to resume its work. On 11 July 2017, the Chair of the Panel informed the DSB that the Panel expected to issue its final report to the parties by the end of 2017.

 

On 25 January 2018, the panel report was circulated to Members.

 

At its meeting on 28 February 2018, the DSB adopted the panel report.

 

Reasonable period of time

 

On 1 March 2018, Indonesia and the European Union informed the DSB that they had agreed that the reasonable period of time to implement the DSB's recommendations and rulings would be 8 months. Accordingly, the reasonable period of time is set to expire on 28 October 2018.

 

Implementation of adopted reports

 

On 8 November 2018, the European Union informed the DSB that it had adopted the measure necessary to comply with the DSB's recommendations and rulings within the reasonable period of time. The European Union explained that it had done so through Implementing Regulation (EU) 2018/1570, adopted by the European Union Commission on 18 October 2018, which terminated the proceedings concerning imports of biodiesel originating in Argentina and Indonesia and repealed Implementing Regulation (EU) No 1194/2013. The Regulation was published in the Official Journal of the European Union on 19 October 2018 (OJ L 262, 19.10.2018, p. 40) and entered into force on 20 October 2018.