EU appeals report on imports of biodiesel from Indonesia

The European Union has notified its decision to appeal the panel report in the case brought by Indonesia in "European Union - Countervailing Duties on Imports of Biodiesel from Indonesia" (DS618).
WTO members were informed of the appeal at the Dispute Settlement Body (DSB) meeting on 26 September. The panel report was circulated to WTO members on 22 August.
Indonesia expressed regret that the EU decided to appeal the panel's findings before a non-functioning Appellate Body.
The EU recalled that it had invited Indonesia to join the multi-party interim appeal arrangement (MPIA) so that both parties can preserve their rights to a binding resolution of trade disputes despite the blockage of appointments to the Appellate Body.
The MPIA is a contingent measure to safeguard the right to appeal in the absence of a functioning Appellate Body.
Given the ongoing lack of agreement among WTO members regarding the filling of Appellate Body vacancies, there is no Appellate Body Division available at the current time to deal with the appeal in the dispute concerning countervailing duties imposed by the European Union on imports of biodiesel from Indonesia.
Xavier Noyon, Secretary General of the European Biodiesel Board (EBB) said: “This appeal is absolutely vital. It demonstrates the EU’s commitment to defending compliance and maintaining fair trade rules in the biofuels sector, especially as global competition intensifies.
We applaud the European Commission for pursuing this appeal. Without decisive follow-through, the risk is that anti-dumping and countervailing measures could be overturned or weakened, undermining the integrity of European biofuels and placing compliant producers at a disadvantage.”