WTO members grant EU authorization to impose countermeasures against US in olives dispute

DS577: United States - Anti-Dumping and Countervailing Duties on Ripe Olives from Spain

The European Union said that, in light of the decision by the WTO arbitrator on 29 October, it was requesting authorization from the DSB to take countermeasures to suspend concessions or other obligations with respect to US goods. Details are set out in WT/DS577/23.

The arbitrator had determined that the EU may impose countermeasures on US goods up to a value of USD 13.64 million annually following a WTO ruling regarding the US countervailing duties on ripe olives from Spain.  The arbitrator also decided on the methodology the EU may use to fix the level of suspension of concessions or other obligations vis-à-vis the United States if, in the future, the US applies on EU agricultural products the countervailing duty measure that had been found to be inconsistent with WTO rules.

The EU stressed the importance of the US fully complying with the recommendations and rulings in this dispute. The EU expressed its willingness to work with the US to seek a resolution to the issue. It also noted that, as the matter remains unresolved, the dispute remains subject to DSB surveillance and that it expects the US to update the DSB on its progress in implementing the recommendations and rulings.

The United States said that since the arbitrator assessed nullification or impairment for only one EU member state and not the EU as a whole, the authorization for countermeasures should be understood as applying exclusively to the affected member state. According to the US, any suspension of concessions or obligations by the EU on goods other than those related to Spain would go against the arbitrator's decision and the rules of the Dispute Settlement Understanding.

Pursuant to the request of the European Union, the DSB agreed to grant authorization to suspend the application to the United States of tariff concessions or other obligations consistent with the arbitrator's decision.

DS591: Colombia - Anti-Dumping Duties on Frozen Fries from Belgium, Germany and the Netherlands

Under "Other Business", Colombia said it had implemented a government resolution in November to address internal procedures, eliminating elements previously identified as inconsistent with WTO obligations in the dispute over frozen fries. The EU thanked Colombia for the update; it noted that the matter remains under DSB surveillance.

Appellate Body appointments

Colombia, speaking on behalf of 130 members, introduced for the 93rd time the group's proposal to start the selection processes for filling vacancies on the Appellate Body. The extensive number of members submitting the proposal reflects a common interest in the functioning of the Appellate Body and, more generally, in the functioning of the WTO's dispute settlement system, Colombia said.

The United States said a more productive approach would be to put forward an agenda item on dispute settlement reform that moves beyond simply calling for the reinstatement of the Appellate Body.

More than 20 members took the floor to comment, one speaking on behalf of a group of members. Many reiterated their support for restoring a fully functioning dispute settlement system and welcomed the transparency reports on dispute settlement reform consultations heard at the General Council meeting this week.

Several members urged others to consider joining the  Multi-Party Interim Appeal Arbitration Arrangement (MPIA), while some said the MPIA should not undermine efforts to restore a fully functioning dispute settlement system or prevent members from addressing fundamental issues in the dispute settlement reform discussions.

Colombia, on behalf of the 130 members, said it regretted that for the 93rd occasion members have not been able to launch the selection processes. Ongoing conversations about reform of the dispute settlement system should not prevent the Appellate Body from continuing to operate fully, and members shall comply with their obligation under the Dispute Settlement Understanding to fill the vacancies as they arise, Colombia said for the group.

Surveillance of implementation

The EU presented its status report with regard to DS600 "European Union and Certain Member States - Certain Measures Concerning Palm Oil and Oil Palm Crop-Based Biofuels" and  DS291, "EC - Measures Affecting the Approval and Marketing of Biotech Products."

The United States presented status reports with regard to DS184, "US - Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan",  DS160, "United States - Section 110(5) of US Copyright Act", DS464, "United States - Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea", and DS471, "United States - Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China."

Indonesia presented its status reports in DS477 and DS478, "Indonesia - Importation of Horticultural Products, Animals and Animal Products." 

Next meeting

The next regular DSB meeting will take place on 27 January 2026.