WT/DS499/6  
 
29 August 2018  
(18-5388) Page: 1/2 
  Original: English  
 
 
RUSSIA – MEASURES AFFECTING T HE IMPORTATION OF RA ILWAY EQUIPMENT AND 
PARTS THEREOF  
NOTIFICATION OF AN A PPEAL BY UKRAINE  
UNDER ARTICLE 16.4 A ND ARTICLE 17 OF THE  UNDERSTANDING ON RUL ES 
AND PROCEDURES GOVER NING THE SETTLEMENT OF DISPUTES (DSU),  
AND UNDER RULE 20(1) OF THE WO RKING PROCEDURES FOR  APPELLATE REVIEW  
The following communication, dated 2 7 August 2018, from the Delegation of Ukraine, is being 
circulated to Members.  
 
_______________  
 
 
Pursuant to Article 16.4 of the DSU Ukraine hereby notifies to t he Dispute Settlement Body its 
decision to appeal to the Appellate Body certain issues of law covered in the Panel Report and 
certain legal interpretations developed by the Panel in the dispute Russia – Measures Affecting the 
Importation of Railway Equipme nt and Parts thereof (WT/DS499/R). Pursuant to Rule 20(1) of the 
Working Procedures for Appellate Review, Ukraine simultaneously files this Notice of Appeal with 
the Appellate Body Secretariat.  
For the reasons to be further elaborated in its submissions t o the Appellate Body, Ukraine appeals, 
and requests the Appellate Body to reverse the findings, conclusions and recommendations of the 
Panel, with respect to the following errors contained in the Panel Report:1  
a. the Panel failed to make an objective assess ment of the matter before it due to the 
incorrectly applied standard and order of review , burden of proof partially allocated to 
the parties, biased review of the arguments,2 and therefore violated Article 11 of the 
DSU which resulted in finding that there  was no systematic prevention of Ukrainian 
railway products from being imported into the Russian Federation. Thus, Ukraine 
requests the Appellate Body to reverse the relevant Panel 's findings in paragraphs 7.960, 
7.965, 7.972, 7.974, 7.993, 7.994, 7.995 an d 8.1 (e) of its Report;  
b. the Panel failed to make an objective assessment of the matter before it  due to burden 
of proof partially allocated to the parties and the incorrect standard of review,3 and 
therefore violated Article 11 of the DSU which resulted in finding  that Ukraine did not 
establish that the situation in Ukraine was comparable in the meaning of Article 5.1.1 of 
the TBT Agreement. Thus, Ukraine requests the Appellate Body to reverse the relevant 
Panel 's findings  in paragraphs 7.393, 7.394 and 8 .1. b( i), c(i) of its Report ; 
c. the Panel failed to make an objective assessment of the matter before it  due to burden 
of proof partially allocated to the parties and the incorrect standard of review ,4 and 
therefore violated Article 11 of the DSU which resul ted in finding  that there were no less 
                                                      
1 Pursuant to Rule 20(2)(d)(iii) of the Working Procedures for Appellate Review , this Notice of Appeal 
includes an indicative list of the paragraphs of the Panel Report containing the alleged errors, without prejudice 
to the ability of Ukraine to refer to other paragraphs of the Panel Report in the context of its appeal.  
2 See, for example, Panel Report, paras.  7.969 -7.972, 7.974, 7.976.  
3 See, for example, Panel Report, paras. 7.285, 7 .336, 7.371 -7.388, 7.393 -7.394, 7.623 -7.625, 7.628.  
4 See, for example, Panel Report, paras. 7.450, 7.468, 7.470, 7.476, 7.482, 7.521 -7.544, 7.653, 7.656, 
7.671, 7.676, 7.704, 7.712, 7.718, 7.719, 7.721, 7.722, 7.226, 7.228, 7.742, 7.745, 7.760.  WT/DS499/6  
 
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  trade -restrictive alternatives available to the Russian Federation, in the meaning of 
Article  5.1.2 of the TBT Agreement, instead of suspension of certificates and rejection to 
issue new certificates. Thus, Ukraine re quests the Appellate Body to reverse the relevant 
Panel 's findings  in paragraphs  7.470, 7.476, 7.482, 7.537 and 8.1 (b)(ii), (c)(iii) of its 
Report; and  
d. the Panel erred in the interpretation and application of Article 5.1.1 of the TBT 
Agreement when findin g that the situation in Ukraine was not comparable to that in 
other countries;5 and thus Ukraine requests the Appellate Body to reverse the relevant 
Panel 's findings  in paragraphs findings  7.387 and 8.1 (b)(i), (c)(i) of its Report.  
__________  
 
                                                      
5 See, for  example, Panel Report, paras. 7.283, 7.285, 7.371 -7.388 and 7.394, 7.615 -7.616, 7.623, 
7.628.