WTO finds in favour of Argentina

The World Trade Organization (WTO) published today the Final Panel Report on the case “European Union — Anti-Dumping Measures on Biodiesel from Argentina” (DS473), upholding all the main claims made by Argentina.

The dispute arose after the European Union imposed an anti-dumpling tax in November 2013 which, in practice, meant closing the European market to biodiesel originating in Argentina, the main supplier of that market at the time. As a result, Argentine exports of biodiesel reported annual losses of almost USD 1.6 billion.

For this reason, Argentina decided to bring a claim to the WTO Dispute Settlement Body on the unlawfulness of this measure, based on the fact that, in order to justify it, the European union had adjusted the production costs of exporting companies under the pretext that they were distorted due to the existence of export taxes.

After more than two years of international litigation, the WTO Panel admitted the arguments presented by the team led by the Argentine Foreign Ministry and comprised of experts from that Ministry and from the private exporting sector, deciding in favour of Argentina with respect to the inconsistency of the adjustments. Argentina had also requested the European anti-dumping measures “as such” to be declared unlawful, but the Panel found that this inconsistency had not been demonstrated and rejected the claim.

Given that the dispute is in the first instance, either party can appeal to the Appellate body of WTO. The ruling, however, is a first step towards reopening the European market to Argentine biodiesel. This achievement demonstrates the efficiency of the joint efforts made by the Argentine Government and the private sector, as well as the strong determination of the Argentine Foreign Ministry to ensure, through all available means, that Argentine products have access to international markets as a way to promote national growth.

Press Release No. 085/16
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