WT/DS 600/3 
1 February  2021 
(21-0857) Page: 1/1 
 Original:  Spanish  
 
  
EUROPEAN UNION AND CERTAIN MEMBER STATES - CERTAIN MEASURES CONCERNING  
PALM OIL AND OIL PALM CROP -BASED BIOFUELS  
REQUEST TO JOIN CONSULTATIONS  
Communication from  Argentin a 
The following communication, dated 2 9 January  2021, from the delegation of Argentina  to the 
delegation s of the European Union , France  and Lithuania and  the delegation of Malaysia , is circulated 
to the Dispute Settlement Body in accordance with Article 4.11 of the DSU . 
 
_______________  
 
 
Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of 
Disputes (DSU), my authorities have instructed me to request  the European Union, in light of 
Argentina’s substantial trade interest in the matter, to join the  consultations that were requested by 
Malaysia  in its communication of 1 9 January  2021 entitled European Union  and certain Member 
States  – Certain measures concerning palm oil and oil palm crop -based biofuels  (WT/DS 600/1). 
 
Since 2 018, Argentina has been  the main source  of biodiesel exports to the European Union  
(41.5 % of that market's total imports in 2018) and therefore considers that it has a substantial trade 
interest in this dispute . Argentina also has a systemic interest in the proper interpretation and 
application of the TBT Agreement, particular ly insofar as this can affect trade in agricultural products 
and products that are sources of renewable energy . 
 
Argentina has one of the most important industrial oilseed complexes in the worl d, namely  the Gran 
Rosario oil seed complex, which is the largest in the world in terms o f geographical concentration .1 
 
The Argentine companies that export diesel follow sustainability criteria and are certified under 
schemes  approved by the European Union in its RED I and II Renewable Energy Sources Directives,  
such as ISCC and 2B S. 
 
Malaysia has clearly  identified the measures at issue in the above -mentioned request for 
consultations. These include certain measures imposed by the European Union and the EU Member 
States that appear to affect mainly palm oil and oil palm crop -based biofuels . However, the measures  
identified  by Malaysia adopted by certain Member States, such as France , appear to have a direct  
impact on  exports of Argentine biodiesel based on soybean oil. In particular, the recent enaction of 
the 20 21 budget law appears to discriminate de jure  against soy bean oil and biodiesel2 in amending 
Article  266 quindecies  of the French Customs Code.  
 
In view of this substantial trade interest, and mindful of the rights and obligations of WTO Members 
under Article 4.11 of the DSU, Argentina looks forward to receiving your reply, together with details 
regarding the date and venue of the consultations . 
__________  
 
1 The Gran Rosario area is unique in worldwide geographical terms in having  so many large -scale 
factories in a limited  sector of only 70 km along  the Paraná River and within a 40 -km radius of the city of 
Rosario.  
2 Article 58 of the 2021 Finance Law (No. 2020 -1721 of 29 December 2020 ). Available at: 
https://www.legifrance.gouv.fr/jorf/id/JORFARTI000042753606 .