Brussels, 30/03/2016 (Agence Europe) - On Tuesday 29 March, the WTO ruled in favour of some of Argentina's claims in its complaint against EU anti-dumping duties on Argentinian biodiesel.
In a verdict returned on Tuesday, the panel of experts of the Dispute Settlement Body of the WTO tasked with ruling on the complaint brought before the WTO by Argentina (DS 473) recognised that some aspects of the anti-dumping investigation carried out by the EU before imposing taxes on imports of Argentine biodiesel were incompatible with the WTO's anti-dumping agreement. Consequently, the EU has been asked to take the necessary steps to comply with the WTO rules.
However, the panel rejected Argentina's claim that an article of the EU regulation instituting anti-dumping duties on its biodiesel “as such” violated the WTO's anti-dumping agreement.
Both sides have 60 days to appeal against the decision.
The Argentine Ministry of Trade has welcomed the decision, stressing that the EU's measures had caused losses of sales of nearly $1.6 billion a year on the European market.
Argentina, whose exports of biodiesel have been hit by anti-dumping duties of 24.6% on the European market since November 2013, complained to the WTO about the EU measures in March 2014 (see EUROPE 11068). Indonesia, whose exports of biodiesel have attracted anti-dumping duties of 18.9% since November 2013 on the European market, has also complained to the WTO about the EU measures (see EUROPE 11098) and its complaint is currently being investigated.
Brought in for five years in November 2013, the EU's anti-dumping duties on Argentine and Indonesian biodiesel aim to re-establish a situation of competition in the light of dumping found by the EU's anti-dumping investigation to have been caused by a system of differential export tax brought in by Argentina and Indonesia to promote their biodiesel. This system is based on the application of a higher tax for raw materials (Argentine soya and Indonesian palm oil) than for processed products made from these raw materials. (Original version in French by Emmanuel Hagry)