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Home›World Trade Organization›Turkey uses rare clause to appeal EU pharma case to WTO

Turkey uses rare clause to appeal EU pharma case to WTO

By Loretta Hudson
April 28, 2022
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  • WTO asks Turkey to comply with trade rules
  • Ankara will use a rare appeal method in the event of a dispute
  • The appeal chamber of the higher instance of commerce paralyzed
  • The call may be the start of a trend – commercial lawyer

GENEVA, April 28 (Reuters) – Turkey will use a new method to appeal the outcome of a pharmaceutical dispute with the European Union to the World Trade Organization, it said on Thursday after the global trade watchdog has been widely condemned in Ankara.

In a 147-page statement sent to WTO members, Turkey announced its intention to use a rare method of appeal known as Article 25 and disclosed for the first time the panel’s findings. the WTO in the dispute with the EU.

On the main measure, Turkey’s so-called “localization requirement”, the panel rejected Ankara’s arguments and recommended that it bring its measures on pharmaceuticals into line with global trade rules.

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Brussels took the case against Ankara to the WTO in 2019, challenging measures it said forced foreign pharmaceutical producers at the time to shift production to Turkey.

However, since then, the Supreme Appeals Chamber of the WTO has ceased to function due to a policy by the administration of former US President Donald Trump to block the appointment of new judges, prompting Turkey to announce Thursday its intention to use a rare alternative to the ordinary dispute. process.

“Turkey hereby notifies the Dispute Settlement Body of its decision to initiate arbitration under Article 25…,” it said in the statement. Such procedures have only been used once before – by the EU and the US – in the body’s 27-year existence, the WTO website showed.

“This is perhaps an example that many other WTO members will follow in the future. This is truly the start of a new era in the WTO,” a mission spokesperson said. of the EU at the WTO.

“We will definitely see more of these ad hoc appeal arrangements,” said Alan Yanovich, a partner at Akin Gump in Geneva, which advises governments and businesses on WTO disputes. “This is a positive development for the system.”

The paralysis of the WTO Appellate Body since December 2019 means that cases are currently being appealed in a vacuum, leaving them in legal limbo. The EU has contributed to the establishment of a alternative system to resolve disputes outside the WTO, but it has not yet dealt with any cases and Turkey is not a member of the system.

A WTO document showed three arbitrators would be selected in the EU-Turkey dispute and tasked with delivering a decision within 90 days of the appeal.

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Reporting by Emma Farge; edited by Thomas Escritt, Gareth Jones and Toby Chopra

Our standards: The Thomson Reuters Trust Principles.

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