European Union — Countervailing Duties on Imports of Biodiesel from Indonesia (WT/DS618), Final Panel Report

This is the final report of the World Trade Organization (WTO) panel in dispute DS618, concerning countervailing duties imposed by the European Union on imports of biodiesel from Indonesia. The report examines whether the EU's determinations on Indonesian biodiesel are consistent with the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement), particularly regarding alleged subsidies, benefit, specificity and the threat of material injury to the EU biodiesel industry. It matters for the palm oil industry because the EU's case centres on Indonesian palm oil policies and CPO supply to biodiesel producers.

Key points

• Subject of the dispute: the panel assessed EU countervailing duties on imports of biodiesel from Indonesia in WTO case No. WT/DS618.
• OPPF subsidy issue: the report examines whether disbursements through the OPPF (the Oil Palm Plantation Fund) constitute a government financial contribution, whether they are a grant, whether they confer a benefit, how the subsidy amount is allocated, and whether the subsidy is specific.
• CPO issue: the panel reviewed the EU's determination that Indonesian government intervention in the CPO market amounts to a financial contribution or income/price support benefiting Indonesian biodiesel producers.
• Facts available: the report also examines the EU's use of facts available, including in relation to data from PTPN (the state-owned plantation company) and independent CPO suppliers.
• Injury to the EU industry: the panel considered whether imports of Indonesian biodiesel were found to threaten material injury to EU biodiesel producers, including through analysis of price undercutting, price depression and the condition of the EU industry.
• Document status: this is the final panel report dated 22 August 2025, setting out the WTO panel's findings and legal assessment of the EU measures in the dispute.

Who it affects

Indonesian biodiesel exporters, CPO suppliers, and biodiesel and vegetable oil businesses connected to Indonesian government policy schemes.