EU STATEMENTS AS DELIVERED AT THE DSB MEETING OF 27 JANUARY 2026

EU STATEMENTS AS DELIVERED AT THE DSB MEETING OF 27 JANUARY 2026

Statements delivered by Mr. Davide GRESPAN, Minister-Counsellor and Mr. Victor GARCIA-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.242)

• 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.205)

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

• In 2025, the Commission adopted nine decision ([1]) authorising placing on the market in the EU of six new GMOs and renewing three.

• 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[2], and renewing one authorisation for GM maize[3]. 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.

• On 12 December 2025, the European Commission presented four 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 soybean ([4]), and renewing three authorisations, one for GM maize ([5]) and two for GM cottons ([6]). The votes taken during the meeting resulted in 'no opinion.' The draft decisions were submitted to the Appeal Committee to be held on 27 January 2026.

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.4)

• Madam Chair, regarding the recommendations and rulings of the DSB relating to the timely review of the data used to determine which biofuels are high-Indirect Land Use Change ("ILUC") risk, the European Union has reviewed Commission Delegated Regulation (EU) 2019/807 of 13 March 2019 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council as regards the determination of high indirect land-use change-risk feedstock for which a significant expansion of the production area into land with high-carbon stock is observed and the certification of low indirect land-use change-risk biofuels, bioliquids and biomass fuels. As a result of this review, on 20 January 2026, the European Commission adopted a Report on the Status of Production Expansion of Relevant Food and Feed Crops Worldwide pursuant to Article 7 of the Delegated Regulation 2019/807. On 21 January 2026, public consultations were launched on draft amendments to the Delegated Regulation 2019/807 to, inter alia, reflect the updated scientific data. Following the public consultations, the European Commission will adopt the amendments to the Delegated Act.
• Regarding the recommendations and rulings of the DSB relating to the design and implementation of the low ILUC-risk criteria and certification procedure, the European Union already adopted on 14 June 2022 the Commission Implementing Regulation (EU) 2022/996 of 14 June 2022 on rules to verify sustainability and greenhouse gas emissions saving criteria and low indirect land-use change-risk criteria. In particular, it introduced the rule that for perennial crops, an economic operator can choose to delay the start of the 10-year validity period by up to 2 years in the case of operational additionality measures or up to 5 years in the case of replanting. In addition, public consultations have been launched on 21 January on the intended amendment to the Delegated Act 2019/807 to reflect the fact that additionality measures differ with regard to the time period that passes until they yield additional feedstock. The period of their eligibility will be measured based on the point in time when the production of additional feedstock started, rather than the point in time of their implementation.
• Regarding the recommendation and rulings of the DSB relating to the French TIRIB (Taxe Incitative Relative à l'Incorporation de Biocarburant), the following steps have been taken to address the relevant issues as part of a larger legislative reform. The Projet de loi de finances pour 2026 foresees the end of the exclusion of palm oil from the reduction from the fuel tax under the TIRUERT (taxe incitative relative à l'utilisation d'énergie renouvelable dans les transports). The possibility for palm oil biofuels to be certified as low indirect land-use change-risk is provided for by the Projet de loi portant diverses dispositions d'adaptation au droit du l'Union européenne en matière économique, financière, environnementale, énergétique, d'information, de transport, de santé, d'agriculture et de pêche which should replace TIRUERT. The draft law was adopted by the Conseil des ministres held on 10 November 2025 and will soon be subject to a parliamentary vote before its entry into force.

Second intervention

• The EU has taken the most important steps to comply and is working hard to complete the remaining procedural steps as soon as possible. The EU will report the remaining steps to the DSB in due course.

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

1.8 EUROPEAN UNION AND CERTAIN MEMBER STATES - CERTAIN MEASURES CONCERNING PALM OIL AND OIL PAM CROP-BASED BIOFUELS: STATUS REPORT BY THE EUROPEAN UNION (WT/DS593/1)

• Madam Chair, regarding the recommendations and rulings of the DSB relating to the timely review of the data used to determine which biofuels are high-Indirect Land Use Change ("ILUC") risk, the European Union has reviewed Commission Delegated Regulation (EU) 2019/807 of 13 March 2019 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council as regards the determination of high indirect land-use change-risk feedstock for which a significant expansion of the production area into land with high-carbon stock is observed and the certification of low indirect land-use change-risk biofuels, bioliquids and biomass fuels. As a result of this review, on 20 January 2026, the European Commission adopted a Report on the Status of Production Expansion of Relevant Food and Feed Crops Worldwide pursuant to Article 7 of the Delegated Regulation 2019/807. On 21 January 2026, public consultations were launched on draft amendments to the Delegated Regulation 2019/807 to, inter alia, reflect the updated scientific data. Following the public consultations, the European Commission will adopt the amendments to the Delegated Act.
• Regarding the recommendations and rulings of the DSB relating to the design and implementation of the low ILUC-risk criteria and certification procedure, the European Union already adopted on 14 June 2022 the Commission Implementing Regulation (EU) 2022/996 of 14 June 2022 on rules to verify sustainability and greenhouse gas emissions saving criteria and low indirect land-use change-risk criteria. In particular it introduced the rule that for perennial crops, an economic operator can choose to delay the start of the 10 year validity period by up to 2 years in the case of operational additionality measures or up to 5 years in the case of replanting. In addition, public consultations have been launched on 21 January on the intended amendment to the Delegated Act 2019/807 to reflect the fact that additionality measures differ with regard to the time period that passes until they yield additional feedstock. The period of their eligibility will be measured based on the point in time when the production of additional feedstock started, rather than the point in time of their implementation.

• Regarding the recommendation and rulings of the DSB relating to the French TIRIB (Taxe Incitative Relative à l'Incorporation de Biocarburant), the following steps have been taken to address the relevant issues as part of a larger legislative reform. The Projet de loi de finances pour 2026 foresees the end of the exclusion of palm oil from the reduction from the fuel tax under the TIRUERT (taxe incitative relative à l'utilisation d'énergie renouvelable dans les transports). The possibility for palm oil biofuels to be certified as low indirect land-use change-risk is provided for by the Projet de loi portant diverses dispositions d'adaptation au droit du l'Union européenne en matière économique, financière, environnementale, énergétique, d'information, de transport, de santé, d'agriculture et de pêche which should replace TIRUERT. The draft law was adopted by the Conseil des ministres held on 10 November 2025 and will soon be subject to a parliamentary vote before its entry into force.

  AGENDA POINT 2: COLOMBIA - ANTI-DUMPING DUTIES ON FROZEN FRIES FROM BELGIUM, GERMANY AND THE NETHERLANDS (DS591)

• The European Union would like to thank Colombia for this update. We reiterate that, since the matter is not yet resolved, it remains subject to surveillance by the DSB, in accordance with Article 21.6 DSU.

• The European Union welcomes Colombia's efforts to comply. We look forward to the disclosure of Colombia's proposed course of action following Colombia's review initiated in order to comply. We look forward to a swift repeal of the measures which would allow us to put this dispute to rest.

  AGENDA POINT 5: 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 it supports rules-based trade. The MPIA preserves a fully functioning dispute settlement system among the willing Members. The MPIA now covers 58 Members and close to 60% of world trade.

• While we continue to hope to find a long-lasting solution, we invite other Members to join the MPIA 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]) Decisions (EU) 2025/694, 2025/699, 2025/692, 2025/1321, 2025/1898, 2025/2544, 2025/2542, 2025/2554 and 2025/2541

[2] KWS20-1.

[3] NK 603.

([4]) DBN-09004-6.

([5]) T25.

([6]) GHB614 x LLCotton25 and T304-40.