Argentina — Countervailing Duties on Olive Oil, Wheat Gluten and Peaches

Short title:

Complainant: European Communities

Respondent : Argentina

Third Parties:

Request for Consultations received: 29 April 2005

Summary up-to-date at  30 May 2008 

Consultations requested — no panel established nor settlement notified

Complaint by the European Communities.

On 29 April 2005, the European Communities requested consultations with Argentina regarding countervailing duties imposed on imports of olive oil, wheat gluten and canned peaches originating in the European Communities by “827/2004” of 31 December 2004, “Resolución 546/2004” of 20 August 2004 and “Resolución 803/2004” of 17 December 2004 of the Ministerio de Economía y Producción of Argentina.

According to the European Communities, the inconsistencies include:

•    the failure of the Argentinean authorities to properly determine the existence of subsidisation, and/or the likelihood of continuation or recurrence of such subsidisation, inter alia, by failing to properly determine the existence of any “pass-through” of any benefit;

•    the failure of the Argentinean authorities to properly determine the existence of material injury caused by any such subsidisation, and/or the likehood of continuation or recurrence of such material injury caused by any such subsidisation; and

•    the failure of the Argentinean authorities to provide an adequate and reasoned explanation that the amount of any alleged subsidy is calculated in an appropriate manner and to carry out an assessment of the facts on the record in an objective and unbiased manner.

The European Communities considers that the countervailing duties concerned are inconsistent with Argentina’s obligations under, inter alia, Article VI:3 of the GATT 1994, Articles 1, 10, 11 (in particular paragraphs 2, 3, 4, and 9), 12, 14, 19 (in particular paragraphs 1, 3 and 4) and Article 21 (paragraphs 1, 2, 3 and 4) of the SCM Agreement.