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European Union – Anti-Dumping Measures on Biodiesel from Indonesia (EU–Biodiesel (Indonesia)), DS488
Published online by Cambridge University Press: 30 July 2018
Extract
The dispute relates to anti-dumping measures imposed by the European Union (EU) on imports of palm oil from Indonesia. It relates to the same investigation that was at issue in EU–Biodiesel (Argentina). The panel and Appellate Body reports in that dispute were adopted in October 2016. Two of the panellists in the dispute involving Argentina served as panellists in the current dispute.
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- Copyright © Kholofelo Kugler 2018
References
1 Panel Report, EU–Biodiesel (Indonesia), paras. 7.9, 7.10.
2 Ibid. paras. 7.26–7.28
3 Ibid. Paras. 7.32–7.33
4 Ibid. paras. 7.51–7.53.
5 Ibid. paras. 7.78–7.86.
6 Ibid. para. 7.87.
7 Ibid. paras. 7.97–7.101.
8 Ibid. para. 7.102.
9 Under the biodiesel blending regulations of certain EU member states, palm fatty acid distillate (PFAD)-based biodiesel is eligible to be ‘double counted’ in order to comply with EU mandatory biodiesel blending targets. Essentially, the contribution made by PFAD biodiesel is recognized to be twice that made by other types of biodiesel or biofuels. As a result, producers are only required to use half as much PFAD biodiesel when blending with mineral diesel to comply with EU biodiesel blending targets. As customers are willing to pay more for PFAD biodiesels, a producer is able to charge a premium to the client.
10 Ibid. paras. 7.119, 7.120.
11 Ibid. para. 7.121.
12 Ibid. paras. 7.139–7.142.
13 Ibid. paras. 7.160–7.161.
14 Ibid. para. 7.163.
15 Ibid. paras. 7.168–7.171.
16 Ibid. paras. 7.712–7.173.
17 Ibid para. 7.290.
18 Ibid. para. 7.175.
19 Ibid. para. 8.3.