WT/DS475/20  
 
7 February 2018  
(18-0849) Page: 1/3 
  Original: English  
 
 RUSSIAN FEDERATION – MEASURES ON THE IMPO RTATION OF LIVE PIGS , 
PORK AND OTHER PIG P RODUCTS FROM THE EUR OPEAN UNION  
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION  
REQUEST FOR CONSULTA TIONS  
The following communication, dated 2 February 2018 , from the delegation of the European Union  
to the delegation of the Russian Federation  and to the Chairperson of the Dispute Settlement 
Body, is circulated in accordance with Article  21.5 of the DSU.  
 
_______________  
 
 
I refer to the request for consultat ions from the Government of the Russian Federation (Russia) 
dated 25 January 2018 in Russian Federation – Measures on the Importation of Live Pigs, Pork and 
Other Pig Products from the European Union (Russia -Pigs (EU) , WT/DS475).  
My authorities have also i nstructed me to request consultations with Russia pursuant to Articles 1, 
4 and 21.5 of the WTO Understanding on Rules and Procedures Governing the Settlement of 
Disputes (DSU) , Article XXIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), 
and Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measure s 
(SPS Agreement), concerning certain measures adopted by Russia affecting the importation of the 
products at issue from the European Union (EU), and concerning a disag reement as to the 
existence or consistency with a covered agreement of measures taken to comply with the 
recommendations and rulings in Russia -Pigs (EU) . 
The EU is concerned that the measures identified in this request for consultations are inconsistent 
with Russia's obligations under the WTO Agreement, as further detailed below:  
The measures at issue  
The measures at issue include the following:  
- first, the Decree of the Government of the Russian Federation No. 1292 of 
25 October 2017, amending the annex to the Decree of the Government of the 
Russian Federation No. 778 of 7 August 2014;  
- second, the Letter of 5 December 2017 from the Russian Federal Service for 
Veterinary and Phytosanitary Surveillance (Rosselkhoznadzor) to the Directorate 
General for Hea lth and Food Safety (DG SANTE) of the European Commission 
(No. FS-NV-7/26502);  
-  third, the Letter of 9 January 2018 from Rosselkhoznadzor to the State Veterinary 
Administration of the Czech Republic (FS -KS-7/72); and  
-  fourth, the Letter of 16 January 2018 from Rosselkhoznadzor to the State Veterinary 
Officer of the Republic of Poland (FS -KS-7/539).   WT/DS475/20  
 
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  In light of the fact that the first measure at issue effectively replaces the measures at issue in the 
original dispute, thereby effectively maintaining t hem in force and effect, in whole or in part, the 
measures at issue in these compliance proceedings also include each and all of the measures at 
issue identified in the original panel request,1 to the extent that each of them is effectively 
maintained in f orce and effect by the first measure at issue, in whole or in part. Only in order to 
avoid unnecessary repetition, the EU hereby formally incorporates by reference in this 
consultations request each and all of the measures identified in the original panel request, to the 
extent that they are effectively maintained in force and effect by the first measure at issue.  
The legal basis for the complaint and the reasons for the request  
Each of the measures at issue, considered individually in isolation and in any combination, appears 
to be inconsistent with Russia's obligations under the provisions of the SPS Agreement and the 
GATT 1994 detailed in the original panel request. Only in order to avoid unnecessary repetition, 
with respect to each and all of the measure s at issue, the EU hereby formally incorporates in this 
consultations request each and all of the legal bases for the complaint set out in the original panel 
request, as well as the brief summaries sufficient to present the problem clearly. The EU recalls 
that this includes the following provisions of the SPS Agreement: Articles 2.2; 3.1, 3.2 and 3.3; 
5.1 and 5.2; 5.7; 6.1, 6.2 and 6.3; 5.3, 5.4 and 5.6; 2.3 and 5.5; Article 8 and Annex C.1(a), (b) 
and (c); Article 7 and Annex B, paragraphs 1, 2, 5 and 6. T he EU further recalls that this also 
includes Article I:1, III:4 and XI:1 of GATT 1994.  
Additional and further requests  
As a matter that is separate and independent from the foregoing matters, the EU is concerned that 
the first measure at issue appears to be inconsistent with:  
 Article I:1 of GATT 1994, because Russia is not granting the products at issue 
originating in the EU, immediately and unconditionally, the same advantages in 
respect of their importation, as it does to like products originating in any  other 
country;  
 Article III:4 of GATT 1994, because the measures at issue accord less favourable 
treatment to the imported products at issue than that accorded to like products 
originating in Russia, with respect to laws, regulations and requirements affec ting 
their internal sale, offering for sale, purchase, transportation, distribution or use;  
 Article XI:1 of GATT 1994, because the Russian measures constitute an import 
prohibition or restriction other than duties, taxes or other charges.  
The EU also cons iders that the first to fourth measures are inconsistent with Article X:1 of the 
GATT 1994, because they have not been published promptly in such a manner as to enable the EU 
and traders to become acquainted with them.  
The EU is also concerned that Russia' s conduct in this case is inconsistent with Article 21(3) of DSU 
because, notwithstanding Russia's statement of intentions in respect of implementation of the 
recommendations and rulings of the DSB, it is clear that such implementation has not occurred, 
and that Russia has not intended it to occur. Furthermore, Russia's conduct in this case would also 
appear to be inconsistent with Article 21(3) of DSU because Russia has requested and obtained a 
reasonable period of time in which to comply, but has in fact used that period in order to maintain 
and compound the original violations. For the same reasons, the EU is concerned that Russia's 
conduct in this case is inconsistent with Article 3(10) of DSU.  
Finally, on the basis of the communication from Russia to th e EU of 2 January 2018, especially its 
final sentence, relating to the link between the DSU proceedings in DS475 and the first measure at 
issue or measures of a comparable type, the EU is concerned that, taken as a whole, Russia's 
actions and omissions are  inconsistent with Russia's other obligations under the DSU. Specifically, 
the EU is concerned that Russia's actions and omissions are inconsistent with Article 23(1) of DSU 
(failure to have recourse to and abide by the rules and procedures of the DSU) and  Article 23(2) of 
                                                
1 WT/DS475/2.  WT/DS475/20  
 
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  DSU (unilateral determination of violation, nullification or impedance; and failure to follow the 
rules and procedures in Articles 21 and 22 of DSU).  
*     *    * 
In light of the foregoing, it appears that, through its actions and omissio ns, Russia has failed to 
comply with the recommendations and rulings adopted by the DSB in the original proceedings.  
Russia 's measures appear to adversely affect exports to Russia of the products at issue originating 
in the EU and its Member States, and al so appear to nullify or impair the benefits accruing to the 
EU and its Member States directly or indirectly under the cited agreements.  
This consultation request relates to the measures at issue and to any amendments, supplements, 
extensions, replacement measures, renewal measures and implementing measures, including but 
not limited to any such measures referred to by either party during the consultations.  
The EU reserves the right to address additional measures and claims under other provisions of the 
covered agreements regarding the above matters during the course of the consultations.  
The EU hereby informs Russia, pursuant to Article 4.3 of DSU, that it agrees to enter into 
consultations with Russia on the basis of Russia's consultations request dated 25  January 2018 and 
this consultations request. The EU looks forward to receiving Russia's reply to this request and 
expresses its readiness to consider a mutually convenient date and place for the consultations  
 
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