WTO Compliance Panel says US Continues to Subsidies Boeing

A WTO panel circulated its report (DS353) on Friday 9 June on whether the US has taken enough steps to bring its subsidies to aerospace giant Boeing in line with global trade rules, in the latest move in the long-running row between the US and the EU over support to their respective aviation industries.

The compliance panel specifically deemed that the US has not yet brought into compliance one of its governmental support schemes, while disagreeing with various aspects of the EU’s other claims.

Thirteen years in

This ruling marks the latest development of the large civil aircraft saga, which began nearly 13 years ago when the US asked for WTO consultations (DS316) in 2004 regarding state aid from the EU and some of its member states for Airbus, which together with Boeing has dominated the commercial aircraft manufacturing scene for decades.

Brussels launched the current dispute one year later, raising its own concerns over various types of state aid being provided to Boeing. The two cases eventually advanced to the Appellate Body stage, with the WTO’s highest court deeming that each side had violated certain aspects of the organisation’s subsidy rules.

Next steps

The rulings are expected to be appealed, with WTO procedures requiring them to do so within a 60-day window. Should this occur, a bilateral agreement reached in 2012 commits both sides to cooperate to enable the Appellate Body to circulate its report to members within 90 days.

Pendency in WTO, More Judges required

Nonetheless, one day before the panel report, the Appellate Body chairman highlighted the problem of delays that is currently affecting the organisation’s dispute settlement arm, referring to difficulties such as the increasing number of disputes that advance to the appeals stage, along with their scale and complexity, and calling for “broad, systemic solutions.”