European Union initiates compliance proceedings over Colombian duties on frozen fries
In its request for consultations under Article 21.5 of the Dispute Settlement Understanding (DSU), the EU said that, by using flawed methodologies for calculating dumping in its measures taken to comply, the measures taken by Colombia to comply appear to be inconsistent with various provisions under the WTO's Anti-Dumping Agreement.
This is the first request for consultations concerning compliance proceedings following the issuance of an award pursuant to arbitration under Article 25 of the WTO's Dispute Settlement Understanding. The arbitration was initiated to decide an appeal of the panel report and was agreed under the Multi-Party Interim Appeal Arbitration Arrangement to which both Colombia and the EU are party.
Further information is available in document in document WT/DS591/13. Further background on the dispute is available here.
What is Article 21.5 of the DSU?
Under Article 21.5 of the DSU, whenever there is disagreement as to the existence or consistency of measures taken to comply with a WTO ruling, the disagreement shall be decided through recourse to WTO dispute settlement procedures, including wherever possible resort to the original panel. If a panel is established, the panel shall circulate its report within 90 days after the date of referral of the matter to it.
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