EU STATEMENTS AT THE DISPUTE SETTLEMENT BODY MEETING, 19 December 2025

EU STATEMENTS AT THE DISPUTE SETTLEMENT BODY MEETING, 19 December 2025

Statements delivered by Mr. Davide GRESPAN, Minister-Counsellor and 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.241)

• 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.204)

• We recall that the EU approval system is not covered by the DSB's recommendations and rulings.

• On 4 July 2025, the European Commission adopted the Decision authorising the placing on the market of GM soybean ([1]) for food and feed uses.

• On 15 July 2025, the European Commission presented for a vote to the Appeal Committee one decision authorising the placing on the market of GM maize ([2]). The vote taken during the meeting resulted in 'no opinion'. The Commission decision was adopted on 22 September 2025 ([3]).

• On 15 September 2025, the European Commission presented five draft decisions for a vote to the Standing Committee on Plants, Animals, Food and Feed. These decisions included authorising the placing on the market of one GM maize ([4]) and renewing four authorisations for GM cotton ([5]), GM oilseed rape ([6]), GM soybean ([7]), and GM maize ([8]). The votes taken during the meeting resulted in 'no opinion'. The draft decisions were submitted to the Appeal Committee on 21 October for a vote and the vote resulted in 'no opinion'. The Commission decisions on these authorisations, except for the renewal of the authorisation for GM cotton, whose authorisation holder informed the Commission of its withdrawal for commercial reasons on 28 October 2025, were adopted on 16 December 2025 ([9]).

• On 14 October 2025, the European Commission presented two draft decisions for a vote to the Standing Committee on Plants, Animals, Food and Feed. These decisions included authorising the placing on the market of one GM sugar beet ([10]) and renewing one authorisation for GM maize ([11]). The votes taken during the meeting resulted in 'no opinion.' The draft decisions were submitted to the Appeal Committee on 28 November 2025. The votes taken during the meeting resulted in 'no opinion'. The Commission will now decide on these authorisations.

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

1.7 EUROPEAN UNION AND CERTAIN MEMBER STATES - CERTAIN MEASURES CONCERNING PALM OIL AND OIL PALM CROP-BASED BIOFUELS: Status Report by the European Union (WT/DS600/12/ADD.3)

• Madam Chair, as last explained on 24 November 2025, the European Union is currently working on the implementation of the DSB recommendations and rulings in this dispute and is making its best efforts to complete the implementation before the expiry of the agreed reasonable period of time on 1 January 2026.
• Firstly, the European Union has already adopted Commission Implementing Regulation (EU) 2022/996 996 of 14 June 2022 on rules to verify sustainability and greenhouse gas emissions saving criteria and low indirect land-use change-risk criteria, to address DSB recommendations and rulings relating to the design and implementation of the low Indirect Land Use Change (ILUC) criteria and certification procedure.
• Secondly, the European Union is preparing the necessary actions to secure the review of the data used to determine which biofuels are high-Indirect Land Use Change risk.
• Thirdly, work is currently ongoing to address the DSB recommendations and rulings relating to the French TIRIB measure (Taxe Incitative Relative à l'Incorporation de Biocarburant) measure as part of a larger legislative reform.

• The EU submitted its first Status Report on the implementation of the DSB recommendations and rulings in this dispute six months following the date of establishment of the reasonable period of time, in line with Article 21.6 of the DSU.

• The EU has subsequently submitted regular Status Reports as required, in due time.

• As reported, the EU has been working and continues to work on securing timely implementation within the agreed timeframe. In so doing, the EU is following the internal procedures in place. The EU looks forward to reporting additional progress to the DSB in due course.

• We would like to recall that when agreeing on the reasonable period of time, the EU provided a clear explanation of the procedural steps that need to be taken.

  AGENDA POINT 2: UNITED STATES - ANTI-DUMPING AND COUNTERVAILING DUTIES ON RIPE OLIVES FROM SPAIN

  Recourse to Article 22.7 of the DSU by the European Union (DS577/23)

• The EU welcomes the decision of 29 October 2025 of the Arbitrator setting the appropriate level of nullification and impairment.
• In accordance with Article 22.7 DSU, the EU is requesting the DSB authorisation to suspend concessions or other obligations, consistently with the decision of the arbitrator.
• The EU considers it important that the US fully implements the recommendations and rulings in this case and, in particular, provides prompt relief to Spanish olives importers who have been subject to WTO-incompatible countervailing duties for many years now.
• The EU remains open to discuss with the US a possible solution to solve the matter at stake.

• Finally, the EU recalls that, since this matter is not resolved it remains subject to surveillance by the DSB, in accordance with Article 21.6 DSU. This is also confirmed by Article 22.8 of the DSU. Consequently, the EU looks forward to the US providing the DSB with a status report of its progress in the implementation of the recommendations or rulings. The EU also reserves the right to raise this issue at the DSB at any time, in accordance with Article 21.6 DSU.

  AGENDA POINT 3: 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 and a key priority. That is evidenced by the large number of Members co-sponsoring the present proposal relating to the appointment of members of the Appellate Body.

• The EU remains committed to reforming the dispute settlement system so that it meets the interests of all Members and supports rules-based trade.

• That said, despite the substantial work done by Members in dispute settlement reform discussions since MC12, it has now been more than six years that the system is not functioning fully.

• Against this backdrop, the MPIA is ever more important as a stop-gap solution to preserve a fully functioning dispute settlement system among the willing Members. The MPIA now covers 58 Members and close to 60% of world trade after the recent decision of Viet Nam to join the MPIA.

• While we continue to hope to find a long-lasting solution, we invite other Members to join the MPIA in the interim, to strengthen the multilateral rules-based trading order.

Re Ukraine/Russia

• The EU reiterates its resolute condemnation of Russia's war of aggression against Ukraine, which constitutes a manifest violation of the UN Charter, and reaffirms its continued and unwavering support for Ukraine's independence, sovereignty and territorial integrity within its internationally recognised borders.

• It also reconfirms the European Union's unwavering commitment to providing continued political, financial, economic, humanitarian, military and diplomatic support to Ukraine and its people.

• We underscore the need to reach, as soon as possible, a comprehensive, just, and lasting peace in Ukraine, in full respect of Ukraine's sovereignty and territorial integrity, based on the principles of the Charter of the United Nations.

([1]) GM soybean MON 87705 × MON 87708 × MON 89788

([2] ) DP51291

([3]) OJ L, 2025/1898, 23.9.2025.

([4]) DAS1131.

([5]) MON 88913.

([6]) MON 88302.

([7]) MON 87708.

([8]) MON 87427.

([9]) Publication in Official Journal pending

([10]) KWS20-1.

([11]) NK 603.