European Union - Anti-Dumping Measures on Biodiesel from Argentina (WT/DS473): Report of the Panel

Summary

INTRODUCTION

Complaint by Argentina

On 19 December 2013, Argentina requested consultations with the European Union pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement) with respect to Article 2(5) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (the Basic Regulation) and with respect to the anti-dumping measures imposed by the European Union on imports of biodiesel originating in, inter alia, Argentina.

Consultations were held on 31 January 2014 but failed to resolve the dispute.

Panel Establishment and Composition

On 13 March 2014, Argentina requested the establishment of a panel pursuant to Articles 4.7 and 6 of the DSU, Article XXIII of the GATT 1994 and Article 17.4 of the Anti-Dumping Agreement with standard terms of reference. At its meeting on 25 April 2014, the Dispute Settlement Body (DSB) established a panel pursuant to the request of Argentina in document WT/DS473/5, in accordance with Article 6 of the DSU.

The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by Argentina in document WT/DS473/5 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.

On 13 June 2014, Argentina requested the Director-General to determine the composition of the Panel, pursuant to Article 8.7 of the DSU. On 23 June 2014, the Director-General accordingly composed the Panel as follows:

Chairperson: Mr Arumugamangalam V. Ganesan

Members: Mr Gilles Le Blanc

Mr Scott Gallacher

Mr Scott Gallacher resigned from the Panel on 15 February 2015. On 18 February 2015, the Director-General appointed a new member of the Panel, Mr Mathias Francke. Accordingly, the Panel is composed as follows:

Chairperson: Mr Arumugamangalam V. Ganesan Members: Mr Gilles Le Blanc

Mr Mathias Francke

Australia, China, Colombia, Indonesia, Malaysia, Mexico, Norway, the Russian Federation, the Kingdom of Saudi Arabia, Turkey and the United States notified their interest in participating in the Panel proceedings as third parties.