WT/DS575/1  
G/L/1290  
14 January  2019 
(19-0204) Page: 1/3 
 Original:  Spanish  
 
  
COLOMBIA – MEASURES CONCERNING THE DISTRIBUTION  
OF LIQUID FUELS  
REQUEST FOR CONSULTATIONS BY VENEZUELA  
The following communication, dated 9 January 2019, from the delegation of the Bol ivarian Republic 
of Venezuela to the delegation of Colombia, is circulated to the Dispute Settlement Body in 
accordance with Article 4.4 of the DSU.  
 
_______________  
 
 
Upon instructions from my authorities, I hereby request consultations with the Government  of the 
Republic of Colombia ("Colombia") pursuant to Article 4 of the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes  ("DSU")  and Article XXIII of the General 
Agreement on Tariffs and Trade 1994  ("GATT 1994") , with regard to  the measures maintained  by 
the Colombian Go vernment governing the distribution of liquid fuels . 
 
In accordance with Article  4.4 of the DSU , the reasons for this request, including identification of the 
measures at issue and an indication of the legal basi s for the complaint, are set out below . 
 
It appears  that a series of distribution and licensing measures, and product surcharges , market 
access measures and pricing policies applied by the Government of Colombia may be directly or 
indirectly discriminating  against imported liquid fuels. In particular, Colombia has imposed measures 
limiting the distribution  of liquid fuel s imported , inter alia , from Venezuela to municipalities and 
towns in departments situated in border areas between  Colombia and Venezuela, such as La Guajira, 
Norte de Sa ntander, Arauca, Vichada and  Guainía. 
 
According to these measures : 
 
• Fuels imported from Venezuela may only enter Colombian territory  through specific 
places and at specific times via the indicated rou tes; 
• Liquid fuels imported from Venezuela must be sent to certain collection points for 
storage and distribution to supply facilities ; 
• Fuels imported from Venezuela  may only be distributed by authorized wholesale 
distributor s or other suppliers that have been approved as authorized agents by the 
Colombian Ministry of Mines and Energy ; 
• The maximum  volume of liq uid fuel that may be imported from  Venezuela is assigned 
by the Colombian Mining and Energy Planning Division  ("UPME"); and  
• Liquid fuels imported into Colombia from neighbouring countries other than Venezuela, 
through Colomb ian municipalities bordering tho se countries, are not subject to the 
import regulations applicable to imports from Venezuela . 
 WT/DS575/1 • G/L/1290  
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  These measures are reflected in legal and public policy instruments and regulations that include the 
following, operating separately or collectively : 
 
1. Law No. 681 of  9 August  2001 ("Law No.  681/2001") modifying the regime applicable 
to fuel concessions in border areas and establishing other reg ulations related to fuel 
taxation: Under Article 1, Ecopetrol S.A. ("Ecopetrol"), the largest oil company in 
Colombia, has monopoly rights on fuel distribution ; 
2. Decree No. 386 of  13 February  2007 ("Decree No.  386/2007") of the Ministry of Mines 
and Ener gy, regulating Article 1 of the above -mentioned Law No. 681/2001  and 
establishing  special rules for municipalities situated along the border with Venezuela,  
such as those in Arauc a, La Guajira, Gua inía, Vichada and  Norte de Santander;  
3. Supply plans for the distribution of liquid fuels, inter alia , of Venezuelan origin by 
Ecopetrol  in municipalities and towns situated in border areas , as approved by the 
Colombian Ministry of Mines and Energy ; 
4. Resolution No. 1240104  of 23 April 2007 issued by the Ministry of Mines and Energy, 
approving  the supply plans for the distribution of fuels imported from Venezuela and/or 
produced in the country in border municipalities  in the department of Arauca, and 
granting  certain approvals  and introducing  other measures (the plans have  been 
modified from time to time) ; 
5. Resolution  No. 124539 of 23 September 2007  issued by the Ministry of Mines and 
Energy, approving the supply plans for the distribution of liquid fuels imported into 
Colombia from Venezuela  and/or produced in the country  in border municipalities  in the 
department of Guainía ; 
6. Resolution No.  124112 of 23 April 2007 issued by the Ministry of Mines and Energy, 
approving the supply plans for the distribution of liquid fuels imported into Colombia 
from Venezuela  and/or produced in the country  in border municipalities in the 
department of Vichada ; 
7. Resolution  No. 124106 of 23 April 2007  issued by the Ministry of Mines and Energy, 
approving the supply plans for the distribution of fuels imported into Colombia from 
Venezuela  and/or produced in the country  in border municipalities  in the department of 
La Guajira ; 
8. Resolution  No. 124371 of 29 December  2008 issued by the Ministry of Mines and Energy, 
approving the supply plans for the distribution of fuel imported into Colombia from 
Venezuela  and/or produced in the country  in border municipalities  in the department of 
Vichada ; 
9. Resolution  No. 01476 of 25 February  2005;  
10. Resolution  No. 07944 of 2 September  2005;  
11. Decree No. 4299 of  25 November  2005 of the Ministry of Mines and Energy, regulating 
Article 61 of Law No. 812 of 2003 and establis hing criteria for qualifying as an Authorized 
Agent ; 
12. Decree No. 1503 of  19 July 2002 of the Ministry of Mines and Energy , regulating the 
marking ("identification") of liquid fuels during the storage, handling, transportation and 
distribution process ; 
13. Resolution No. 42066  of 2017 issued by the Ministry of Mines and Energy, establishing, 
inter alia : (1) the methodology used to determine  the maximum volumes of l iquid fuel 
and so -called ACPMs ( engine fuel oils and similar ) exempt from VAT, import tax  and gas 
tax in each municipality  recognised as a border area; (2) the channel for distribution to 
collection centres authorized by the Colombian Ministry of Mines and Energy; (3) the 
methodology used to determine  the volumes for the border municipality in  question; 
and (4) a list of municipalities considered as border municipalities  for the purpose s of 
importing  and/or producing liquid fuels ; 
14. Law No. 812 of  26 June 2003  approving the 2003-2006 National Development Plan for 
a Community  State  and establi shing who shall act as agents in the supply chain for the 
distribution of liquid fuels in Colombia . WT/DS575/1 • G/L/1290  
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These measures appear to be inconsistent with Colombia's obligations under Articles I:1, III:4, V, 
XI:1 and XXIV: 12 of the  GATT 1994.  
 
• Article I: 1 of the  GATT 1994, because by imposing restrictions on the distribution of 
Venezuelan fuel, Colombia is subjecting Venezuelan liquid fuels to treatment less 
favourable than that accorded to f uels from other countries ; 
• Article III:4 of the GATT 1994, because the m easures  constitute laws, regulations and 
requirements affecting the internal sale, offering for sale, purchase or distribution of 
liquid fuels and fail to accord to products imported into Colombia treatment no less 
favourable than that accorded to like pro ducts of Colombian origin . 
• Article V: 2 of the  GATT 1994 , because the Resolution denies freedom of transit through 
Colombian territory, via the routes most convenient for international transit, for traffic 
in transit to or from Venezuela n territory ; 
• Article  XI:1 of the  GATT 1994 , because the measures  constitute a prohibited  
quantitative restriction; and  
• Article XXIV:12 of the GATT  1994, because Colombia has not taken such reasonable 
measures as may be available to it  to ensure observanc e of the provisions of  the 
GATT  1994 by the regional and local governments and authorities within its territory . 
 
Without prejudice to the measures identified herein, the requested consultations also concern any 
other regulatory instrument, guidelines, practices, decisions or administrative and/or judicial acts 
that regulate or implement the measures in question, including those that could formally amend 
them and that were not mentioned previously, as well as specific instances of application.  
 
Venezuela  also informs Colombia  that in the course of the consultations it may be necessary to 
discuss other factual or legal points linked to the measures in question and/or raise other issues 
under the WTO covered agreements that have not been mentioned in this request and that are 
related to other obligations of Colombia under the  WTO, including, but not limited to,  its obligations 
under Articles X:3 and  XIII of the  GATT 1994.  
 
In Venezuela's view, these measures appear to nullify or impair the benefits accruing directly or 
indirectly to Venezuela under the GATT 1994.  
 
Venezuela looks forward to receiving a reply from Colombia to this request and arranging a mutually 
convenient date for consultations . 
 
__________