EU STATEMENTS AT THE REGULAR DISPUTE SETTLEMENT BODY MEETING OF 26 JULY 2024

Statements delivered by Mr. Victor GARCÍA-LOPEZ-BERGES, Attaché

AGENDA POINT 1: SURVEILLANCE OF IMPLEMENTATION OF RECOMMENDATIONS ADOPTED BY THE DSB

1.2.    UNITED STATES – SECTION 110(5) OF THE US COPYRIGHT ACT: STATUS REPORT BY THE UNITED STATES (WT/DS160/24/ADD.226)

  • We thank the United States for its status report and its statement today.
  • We refer to our previous statements. We would like to resolve this case as soon as possible.

AGENDA POINT 1: SURVEILLANCE OF IMPLEMENTATION OF RECOMMENDATIONS ADOPTED BY THE DSB

1.3.         EUROPEAN COMMUNITIES – MEASURES AFFECTING THE APPROVAL AND MARKETING OF BIOTECH PRODUCTS: STATUS REPORT BY THE EUROPEAN UNION (WT/DS291/37/ADD.189)

  • We recall that the EU approval system is not covered by the DSB’s recommendations and rulings.
  • The EU continues to propose for vote authorisations for genetically modified organisms that, in the European Food Safety Authority’s risk assessment, have been concluded to be safe.
  • On 2 July 2024, the Commission authorised two genetically modified maize (1) and renewed the authorisation for genetically modified maize MON 810 for food and animal feed.
  • On 8 July the Commission presented for votes to the Standing Committee two decisions authorising the placing on the market of a GM crop (2) and two decisions renewing the authorisation for placing on the market of GM maize (3) for food and feed uses. The votes taken during the meeting resulted in ‘no opinion’. The decisions will be referred to the appeal committee.

[1] GM maize DP-023211-2 and maize DP-915635-4

2 GM cotton COT102 and GM maize DP202216

3 GM maize MON 89034 × 1507 × MON 88017 x 59122 (and eight of its sub-combinations) and MON 89034 × 1507 × NK603

AGENDA POINT 2: EUROPEAN UNION – MEASURES CONCERNING THE IMPORTATION OF CITRUS FRUIT FROM SOUTH AFRICA

2.1.      Request for the Establishment of a Panel by South Africa (DS613)

  • The European Union regrets South Africa's decision to request the establishment of a panel on the measures of the European Union for False Codling Moth concerning the importation of citrus fruit from South Africa.
  • The European Union had hoped that the consultations with South Africa on 15 and 16 September 2022 had provided the necessary information and clarifications.
  • South Africa undoubtedly has the right to bring this issue to WTO dispute settlement, yet the European Union strongly maintains that the measures in question are entirely justified.
  • For these reasons, the European Union is confident that it will succeed in this dispute and that its measures will be upheld as consistent with WTO law.
  • The EU stands ready to preserve the availability of appeal review through the Multi-party interim appeal arbitration arrangement (known as the MPIA) and stands open to work towards this with South Africa.

AGENDA POINT3: EUROPEAN UNION – ADDITIONAL MEASURES CONCERNING THE IMPORTATION OF CITRUS FRUIT FROM SOUTH AFRICA

3.1.      Request for the Establishment of a Panel by South Africa (DS624)

  • The European Union regrets South Africa's decision to request establishment of a panel on the measures of the European Union for Citrus Black Spot concerning the importation of citrus fruit from South Africa.
  • The European Union had hoped that the consultations with South Africa on 14 May 2024 had provided the necessary information and clarifications.
  • South Africa undoubtedly has the right to bring this issue to WTO dispute settlement, yet the European Union strongly maintains that the measures in question are entirely justified.
  • For these reasons, the European Union is confident that it will succeed in this dispute and that its measures will be upheld as consistent with WTO law.
  • The EU stands ready to preserve the availability of appeal review through the Multi-party interim appeal arbitration arrangement (known as the MPIA) and stands open to work towards this with South Africa.

AGENDA POINT6: APPELLATE BODY APPOINTMENTS

  • The European Union refers to its previous statements on this issue and thanks all Members that have co-sponsored the proposal to launch the appointment processes.
  • Since 11 December 2019, the WTO no longer guarantees access to a binding, two-tier, independent and impartial resolution of trade disputes.
  • A fully functioning WTO dispute settlement system is crucial. That is evidenced by the large number of Members co-sponsoring the present proposal.
  • We believe that restoring a fully functioning dispute settlement system and appointing members of the Appellate Body is a key priority. At MC13, it was clear that the overwhelming majority of the Membership shares this view.
  • We welcome the progress that has already been achieved in dispute settlement reform discussions. We will remain fully engaged in the ongoing Dispute Settlement reform process in order to find a solution to outstanding issues, in particular, on the crucial issue of appeal.
  • In the meantime, we are concerned with the impact that the absence of a fully functioning dispute settlement system is having on the international trading order. In that context, the MPIA has been put in place as an interim arrangement to preserve a fully functioning dispute settlement system among its participants and to support rule-based trade. The MPIA is open to any WTO Member and we invite any WTO Member to join as long as a solution to this impasse has not been found.

Re Ukraine/Russia

  • We call on the Russian Federation to stop its acts of aggression and withdraw its troops from Ukraine. Russia must cease actions endangering the civilians and respect international humanitarian law.
  • The Russian Federation and its leadership must be held fully accountable for waging a war of aggression against Ukraine and for other most serious crimes under international law, as well as for the massive damage caused by this war.