Colombia has failed to correctly implement the recommendations of a World Trade Organization (WTO) arbitration panel in a dispute with the European Union regarding frozen fries from Belgium, Germany, and the Netherlands, according to a WTO compliance report circulated this week.
Once the report is adopted, Colombia will be required to take corrective measures and remove the current anti-dumping duties without delay. The compliance panel ruled that Colombia acted inconsistently with its WTO obligations when calculating and imposing duties on frozen fries imported from several EU member states. The panel agreed with the EU that Colombia artificially created or inflated dumping margins by using methodologies incompatible with WTO rules.
Both Colombia and the EU participate in the Multi-party Interim Appeal Arbitration Arrangement (MPIA), which enabled the continuation of the WTO dispute process despite the suspension of the organisation's Appellate Body. The deadline for appealing the compliance report has now expired, with neither party filing an appeal.
Next steps
Under a procedural agreement between the EU and Colombia, either side may now request that the WTO Dispute Settlement Body (DSB) adopt the compliance panel report during its 24 November 2025 meeting. Once adopted, the report will become binding between the two parties, requiring Colombia to implement the ruling. If full compliance is not achieved, the EU may request authorisation from the WTO to suspend concessions or obligations in response.
Background
Colombia first imposed anti-dumping duties on frozen fries from the EU in November 2018, affecting around 85% of EU exports valued at about US$20.5 million. Following an expiry review, Colombia extended the duties until 30 September 2027, with the option for further renewal.
The EU initiated consultations with Colombia in November 2019 (DS591) over concerns that the tariffs violated WTO rules. The WTO panel largely ruled in favour of the EU in its final report issued on 22 August 2022, followed by the Arbitrators' Award under the MPIA on 21 December 2022.
In November 2023, Colombia claimed to have implemented the WTO findings through a ministerial resolution that revised its original determination but maintained anti-dumping duties with adjusted margins. The EU contested this measure, arguing that Colombia continued to apply WTO-incompatible methodologies. The EU subsequently requested compliance consultations on 31 May 2024.
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