COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES FROM BELGIUM, GERMANY AND THE NETHERLANDS COMMUNICATION FROM COLOMBIA AND THE EUROPEAN UNION
Document: COMMUNICATION FROM
Date: 13 October 2023
Document codes: WT/DS591/11
Complainant: EU
Respondent: Colombia
Third parties: Brazil, China, Honduras, India, Japan, Russia, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2.1, 2.4, 2.4.1, 2.6, 3, 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 5.3, 5.8, 6.1.2, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 9.1, 9.2, 9.3, 11.1, 12.2, 12.2.2, 18.1, Annex II  Anti-dumpingArt. 10  Customs valuationArt. VI  GATT 1994

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 Dispute 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, Germany and the Netherlands" (DS591).
We request that you please circulate the attached agreement to the Members of the Dispute
Settlement Body.

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/DS591) was issued and notified to the Dispute
Settlement Body ("DSB") on 21/12/2022 ( and ).
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 ().
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
interpretation 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 circulate 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 panel 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.

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 Director-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
procedural 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.