WT/DS475/9  
 
30 September 2016  
(16-5234) Page: 1/1 
  Original: English  
 
 RUSSIAN FEDERATION – MEASURES ON  THE IMPORTATION OF L IVE PIGS,  
PORK AND OTHER PIG P RODUCTS FROM THE EUR OPEAN UNION  
NOTIFICATION OF AN  OTHER  APPEAL BY THE EUROPEAN UNION  
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 2 3(1) OF THE WORKING P ROCEDURES FOR APPELL ATE REVIEW  
 The following communication , dated 28 September 2016 , from the Delegation of the 
European Union , is being circulated to Members.  
 
_______________  
 
 
Pursuant to Article  16.4 of the DSU the European Union hereby notifies to the 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 Russian Federation – 
Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union 
(WT/DS475). Pursuant to Rule 23(1) of the Working Procedures for Appellate Review , the 
European Union simultaneously files this N otice of Other Appeal and the Other Appellant 
Submission with the Appellate Body Secretariat.  
 
For the reasons  to be further  elaborated in its submissions to the Appellate Body, the 
European  Union appeals, and requests the Appellate Body to reverse the fin dings, conclusions and 
recommendations of the Panel, with respect to the following errors contained in the Panel Report:1 
 
(a) the Panel erred  in the interpretation and application of the first sentence of Article 6.2 of the 
SPS Agreement  when finding that  Russia recognizes t he concepts of pest - or disease -free 
areas and areas of low pest or disease prevalence in respec t of ASF, and therefore, the 
EU-wide ban is not inconsistent with Russia's obligatio ns under Article 6.2 of the 
SPS Agreement . As a result, the European Union requests the Appellate Body to reverse  the 
Panel's findings in paragraphs  7.373, 7.379, 7.485 and 8.1(d )(iii) of its report , which are 
based on its legally erroneous reasoning in paragraphs 7.366 -7.379, and to complete the 
analysis;  
(b) the Panel erred in the interpretation and application of the first sentence of Article 6.2 of the 
SPS Agreement when finding that Russia recognizes the concepts of pest - or disease -free 
areas and areas of low pest or disease prevalence in respect of ASF, a nd therefore, the bans 
on the imports of the products at issue from Estonia, Latvia, Lithuania, and Poland are not 
inconsistent with Russia's obligations under Article 6.2 of the SPS Agreement . As a result, 
the European Union requests the Appellate Body to  reverse  the Panel's findings in 
paragraphs 7.925, 7.1029 and 8.1(e)(vi) of its report, which are based on its legally 
erroneous reasoning in paragraphs 7.924 - 7.925, and to complete the analysis.  
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1 Pursuant to Rule 23(2 )(c)(ii)(C)  of the Working Procedures for Appellate Review  this Notice of Other 
Appeal includes an indicative list of the paragraphs of the Panel Report containing the alleged errors, without 
prejudice to the ability of the European Union to refer to other paragraphs of the Pane l Report in the context of 
its other appeal.