   
  
WT/DS591/11  
 
13 October 2023  
(23-6893) Page: 1/3 
  Original: English  
 
COLOMBIA – ANTI -DUMPING DUTIES ON FROZEN FRIES  
FROM BELGIUM, GERMANY AND THE NETHERLANDS  
COMMUNICATION FROM COLOMBIA AND THE EUROPEAN UNION  
The following communication, dated 10 October 2023 , from the delegation of Colombia  and the 
delegation of the European Union  to the Chairperson of the Dispute Settlement Body, is circulated 
at the request of these delegations.  
 
_______________  
 
The European Union and Colombia would like to inform the Disp ute Settlement Body of the attached 
"Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding " between the 
European Union and Colombia with respect to the dispute "Colombia – Anti-Dumping Duties on 
Frozen Fries from Belgium, Germa ny and the Netherlands " (DS591) . 
We request that you please circulate the attached agreement to the Members of the Dispute 
Settlement Body.  
 
_______________  
 
  WT/DS591/11  
 
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  Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding  
The Award of the Arbitrators in the dispute Colombia — Anti-Dumping Duties on Frozen Fries from 
Belgium, Germany and the Netherlands  (WT/DS5 91) was issued and notified to the  Dispute 
Settlement Body ( "DSB") on 21/12/2022  (WT/DS591/ARB25 and WT/DS591/ARB25/Add. 1). 
Pursuant to Article 21.3(b) and Article 25.4 of the Understanding on Rules and Procedures Governing 
the Settlement of Disputes  (DSU) , the European Union and  the Republic of  Colombia  ("the Parties 
to the dispute") have agreed that the reasonable period of time for the Republic of Colombia 
("Colombia ") to implement the recommendations of the above -mentioned Award of the Arbitrators 
will expire on 5/11/2023  (WT/DS591/10 ). 
Colombia  and the E uropean Union have agreed on  the following  procedures for the exclusive 
purposes of this dispute. The se are designed to facilitate the resolution of  the dispute and reduce 
the scope for procedural disputes and are without prejudice to either party 's views on the correct 
interpretatio n of the DSU:  
1. Should the European Union consider that the situation described in Article 21.5 of the DSU exists, 
the European Union will request that Colombia  enters into consultations with the EU. The Parties 
agree to hold such consultations within 15 day s from the date of receipt of the request. After  
this 15 -day period has elapsed, the European Union may request the establishment of a panel 
pursuant to Article 21.5 of the DSU at any time.  
2. At the first DSB  meeting at which the European Union request for the establishment of an 
Article  21.5 panel appears on the agenda, Colombia  shall accept the establishment of that panel.  
3. The parties to the dispute shall cooperate to enable the Article 21.5 panel to circula te its report 
within 90 days of the panel 's establishment, excluding such time during which the panel 's work 
may be suspended pursuant to Article 12.12 of the DSU.  
4. Either party to the dispute may request the DSB to adopt the report of the Article 21.5 pan el at 
a DSB meeting held at least 20 days after the circulation of the report to the Members unless 
either party appeals the report.   
5. Regarding a potential appeal by either party, the parties recall that the Agreed Procedures for 
Arbitration under Article 25 of the DSU ( WT/DS591/3/Rev.1 ) apply with respect to any final 
panel  report  issued in this dispute, including in compliance proceedings pursuant to Article 21.5 
of the DSU.   
6. The European Union may request authorization to suspend concessions or other obl igations 
pursuant to Article  22.2 of the DSU in the event of a final ruling as a result of a proceeding under 
Article 21.5 of the DSU that a measure taken to comply does not exist or is inconsistent with a 
covered agreement. Colombia  shall not assert that the European Union is precluded from 
obtaining such DSB authorization because its request was made outside the time period specified 
in the first sentence of Article 22.6 of the DSU. This is without prejudice to Colombia 's right to 
have the matter referred  to arbitration in accordance with Article 22.6 of the DSU.  
7. If the European Union requests authorization to suspend concessions or other obligations 
pursuant to Article 22.2 of the DSU, Colombia  shall have the right to object under Article 22.6 
of the DSU  to the level of suspension of concessions or other obligations and/or claim that the 
principles and procedures set forth in Article 22.3 of the DSU have not been followed. 
In the event of such objection, the matter will be referred to arbitration pursuant  to Article 22.6 
of the DSU.  
8. The parties to the dispute will cooperate to enable the arbitrator under Article 22.6 of the DSU 
to circulate its decision within 60 days of the referral to arbitration.  WT/DS591/11  
 
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  9. If any of the original panellists is not available for either the Article 21.5 compliance panel or the 
Article 22.6 arbitration (or both), or any person serving in such proceeding becomes unavailable 
to serve, the parties to the dispute will promptly consult on a replacement, and either party may 
request the D irector -General of the WTO to appoint, within ten days of being so requested, a 
replacement for the proceeding or proceedings in which a replacement is required. If an original 
panellist is unavailable to serve in either of the proceedings, or a person ser ving in such 
proceeding becomes unavailable to serve, the parties to the dispute will further request that, in 
making this appointment, the Director -General seek a person who will be available to act in both 
proceedings.  
10. The parties to this dispute will c ontinue to cooperate in all matters related to these agreed 
procedures and agree not to raise any procedural objection to any of the steps set out herein.  
11. If, during the application of these procedures, the parties to the dispute consider that a 
procedura l aspect has not been properly addressed in these procedures, they will endeavour to 
find a solution within the shortest time possible that will not affect the other aspects and steps 
agreed herein.  
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