WT/DS475/19  
 
30 January 2018  
(18-0682) 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 RUSSIAN FEDERATI ON 
REQUEST FOR CONSULTA TIONS  
The following communication, dated 25 January 2018 , from the delegation of the Russian 
Federation  to the delegation of the European Union  and to the Chairperson of the Dispute 
Settlement Body, is circulated in accordance with Article  21.5 of the DSU.  
 
_______________  
 
 
My authorities have instructed me to  request consultations with the European Union, 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, 
and Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures 
("SPS Agreement "), in connection with a disagreement concerning Russia 's compliance with the 
DSB's rulings and recommendations in Russian Federation – Measures on the Importation  of Live 
Pigs, Pork and Other Pig Products from the European Union( "Russia – Pigs (EU) " (WT/DS475).  
1. Background to this Request  
On 21 March 2017, the DSB adopted the Appellate Body Report, and the Panel Report, as modified 
by the Appellate Body Report, in Russia – Pigs (EU) .  These reports concluded that five measures 
consisting of import bans on live pigs and pork products from Li thuania (FS -EN-8/1023  and 
FS-EN-8/5081), Poland (FS -NV-8/2972 and FS -EN-8/5081), Latvia (FS -NF-8/11315), and Estonia 
(FS-NV-8/17431), and the so called  EU-wide import ban1 on live pigs and certain pork products, 
were inconsistent with various provisions of the SPS Agreement.   
In accorda nce with these reports, the DSB has recommended that the Russian Federation bring the 
measures found to be inconsistent with the SPS Agreement into conformity with its obligations 
under that Agreement.  
On 19 April 2017, Russia informed the DSB, pursuant to  Article 21.3 of the DSU, that it intended to 
implement the recommendations and rulings of the DSB in accordance with its WTO obligations. 
Russia explained that it needed a reasonable period of time for the implementation of the DSB's 
recommendations and r ulings. It expressed its readiness to discuss this matter with the EU in due 
course, in accordance with Article 21.3(b) of the DSU.  
On 19 May 2017, the Russian Federation and the European Union informed the DSB that they 
intended to mutually agree on a rea sonable period of time that the Russian Federation will need in 
                                                
1 In accordance with para. 8.1 (a) of the Panel Reportthe EU -wide ban is a composite measure which 
"reflects Russia 's refusal to accept certain imports of the products at issue from the European Union. The basis 
for Russia 's refusal is the requirement contai ned in the veterinary certificates negotiated with the European 
Union. According to this general requirement, the whole of the European Union 's territory, except for Sardinia, 
has to be ASF free for three years in order for the products at issue to be impo rted into Russia ". WT/DS475/19  
 
- 2 - 
 
  order to bring its measures into compliance with the recommendations and rulings of the DSB.2 On 
2 June 2017, the Russian Federation and the European Union informed the DSB that they had 
agree d on a reasonable period of time of 8 months and 15 days from the date of the adoption of 
the DSB recommendations and rulings. Accordingly, the reasonable period of time was set to 
expire on 6 December 2017.3 
On 5 December 2017, the Federal Service for Vet erinary and Phytosanitary Surveillance 
("Rosselkhoznadzor ") issued Directive No. FS -NV-7/26504 ( "the Letter ") that addresses all the 
measures mentioned above. As a result, all measures found by the Panel and the Appellate Body 
to be inconsistent with Russi a's WTO obligations were removed. The Russian Federation promptly 
informed the European Union about the issuance of the Letter.  
In addition to this, on 8 December 2017, the Russian Federation informed the DSB that it had 
taken appropriate steps to comply w ith the DSB 's recommendations and rulings within the 
reasonable period of time agreed by the parties.4 
On 19 December 2017, the European Union made a request purs uant to Article 22.2 of the 
DSU seeking authorization from the DSB to suspend concessions unde r the covered agreements in 
the amount of 1.39 billion euro (total value of the relevant exports in 2013) plus a yearly increase 
rate of 15%.5 The Russian Federation objected to this request  via its communication dated 
20 December 2017 to the Chair of the DSB and in its oral stateme nt at the DSB meeting held on 
3 January 2018.6 
2. Implementation actions by the Russian Federation  
In accordance with the Letter the Russian Federation  resumed the importation of live pigs, pork 
meat and raw meat preparations from the entire territory of the European Union and its Member 
States, excluding ASF affected administrative territories as set out in Appendix 1 of the Letter. 
Furthermore, the EU -Russia agreed forms of bilateral veterinary certificates were amended; 
specifically, the phrase "excluding Sardinia " has been replaced with the phrase "excluding the 
administrative territories in accordance with the attached list " (referring to Appendix 1 to the 
Letter).  
By resuming the importation of the goods at issue in this dispute from all EU Member States 
(excluding ASF -infected administrative territories) and by amending the requirements previously 
contained in the EU -Russia bilateral veterinary cer tificate, which was found by the Panel and 
Appellate Body to serve as a basis for the EU -wide ban, the Russian Federation has brought the so 
called "EU-wide ban " into conformity with its obligations of the SPS Agreement.  
The Russian Federation removed  the restrictions imposed in 2014 on the imports of live pigs and 
pork products from Lithuania, (FS -EN-8/1023 and FS -EN-8/5081 , including amendments ), Poland 
(FS-NV-8/2972 and FS -EN-8/5081 , including amendments ), Latvia (FS -NF-8/11315 , including 
amendments ), and Estonia (FS -NV-8/17431 , including amendments ). Imports of the products at 
issue in this dispute are now allowed, with the exclusion of a number of ASF affected 
administrative territories as set out in Appendix 1 of Directive FS -NV-7/26504. Thus, Russia h as 
withdrawn the country -specific import bans, and instead, applied regionalization in accordance 
with the SPS Agreement, including the requirements of Articles 3.2 and 6.  
The Russian Federation fully implemented the DSB rulings within the reasonable perio d of time.  
                                                
2 Communication from the Russian Federation and the European Union , WT/DS475/14, circulated on 
23 May 2017.  
3 Communication from the Russian Federation and the European Union concerning Article 21.3(b) of the 
DSU, WT/DS475/15 circulated on 7 June 2017.  
4 Communication from the Russian Federation, WT/DS475/16, circulated on 13 December 2017.  
5 Recourse to Article 22.2 of the DSU by the European Union, WT/DS475/17, circulated on 20 December 
2017.  
6 Recourse to Article 22.6 of the DSU by the  Russian Federation, WT/DS475/18, circulated on 3 January 
2018.  WT/DS475/19  
 
- 3 - 
 
  3. Systemic  issues arising in this dispute  
As it appears from the EU Request under Article 22.2 of the DSU dated 19 December 2017, the 
European Union disagrees that the Russian Federation 's measures taken to comply are consistent 
with the WTO cover ed agreements and underlines "the Russian Federation 's failure to bring its 
measures into compliance with the recommendations and rulings of the DSB […] ". 
The Russian Federation reaffirms its disagreement with the European Union 's allegations that the 
Russian Federation failed to comply with the recommendations and rulings of the DSB within the 
reasonable period of time in this dispute.7 
The Russian Federation notes that Article 21.5 of the DSU explicitly states that "[w]here ther e is a 
disagreement as to the existence or consistency with a covered agreement of measures taken to 
comply with the recommendations and rulings such dispute shall be decided through recourse to 
these dispute settlement procedures […] ". Thus, in a case the  Russian Federation considers that it 
has brought itself into full compliance and the European Union disagrees on that, the issue of 
compliance must be decided following the procedures of Article 21.5 of the DSU.  
It is a key element for predictability  and effective functioning of the dispute settlement system  
that, in situations where there is no agreement over compliance between the parties,  the 
compliance proceedings must precede retaliation. However, the European Union failed to take the 
necessary steps to institute Article 21.5 proceedings. Instead, it submitted a request for 
suspension of obligations and concessions pursuant to Article 22.2 of the DSU.  
In these circumstances, the Russian Federation considers it appropri ate to seek recourse to 
Article  21.5 itself, in order to resolve the disagreement over the existence and/or consistency of 
Russia 's compliance measures, and restore the ordinary course of proceedings.  
4. Request for consultations  
Thus, in light of the fact that the European Union and the R ussian Federation disagree that the 
Russian Federation  has brought its measures into compliance with the recommendations and 
rulings of the DSB, the Russian Federation invokes Article 21.5 of the DSU and respectfully 
requests consultations concerning this matter with the European Union.  
The Russian Federation looks forward to receiving the EU 's response to this Request, and to fixing 
a mutually acceptable date for consultations.  
 
__________  
                                                
7 Recourse to Article 22.6 of the DSU by the Russian Federation, WT/DS475/18, circulated on 3 January 
2018.