As expected Canada has appealed against the Panel decision (DS412 and 426) in the Ontario Feed in tariff case. It has been reported here in the WTO website. The Panel had ruled against the local content requirement that was mandated by Canada's law and regulations in relation to feed in tariff.
I have blogged about this far reaching decision in the renewable energy sector here, here, here and here. Hopefully the Appellate Body (AB) would settle the complex issues of law in relation to the interpretation of a "subsidy" under the ASCM as well as whether local content requirements violate the "national treatment" principle both under the GATT and TRIMS. It would be interesting to see if the AB accepts the "minority" reasoning of the Panel with respect to conferment of a benefit under the ASCM? Countries with massive renewable energy support programs, especially feed in tariffs will be watching very closely.
Over to the AB now...
