G/TBT/D/51  
 
20 October 2017  
(17-5796) Page: 1/13 
  Original: English  
 
RUSSIA – MEASURES CONCERNING THE IMPORTATION AND TRANSIT  
OF CERTAIN UKRAINIAN  PRODUCTS  
REQUEST FOR CONSULTA TIONS BY UKRAINE  
The following communication, dated 13 October 2017 , from the delegation of Ukraine  to the 
delegation of the Russian Federation  and to the Chairperson of the Technical Barriers to Trade 
Committee , is circulated in accordance with Article  4.4 of the DSU. 
 
_______________  
 
 
My authorities have instructed me to request consultations with the Government of the 
Russian Federation,  pursuant to Article 4 of the Understanding on Rules and Procedures Governing 
the Settlement of Disputes ("DSU"), Article XXIII of the  General Agreement on Tariffs and Trade 
1994 ("GATT 1994 "), Article 24.8 of the Agreement on Trade Facilitation  ("TFA"), Article 14.1 of 
the Agreement on Technical Barriers to Trade  ("TBT Agreement ") and Article 11.1 of the 
Agreement on the Application of Sanitary and Phytosanitary Measures  ("SPS Agreement "), 
concerning certain measures affecting trade of juice products, beer,  beer-based beverages and 
other alcoholic beverages,  confectionery products, wallpaper  and similar wall coverings from 
Ukraine which appear to be inconsistent with the Russian Federation 's obligations under several of 
the WTO covered agreements. For the pu rpose of these proceed ings, Ukraine relies on 
Article  XXIII of the GATT 1994 as regards all of its claims.  
1. BACKGROUND TO THIS R EQUEST  
1. The measures affecting trade of juice products, beer, beer -based beverages and other 
alcoholic beverages, confectionery pr oducts, wallpaper and similar wall coverings were imposed by 
the Russian Federation in response to Ukraine 's decision not to become a party to the Treaty on 
the Establishment of the Eurasian Economic Union. Those measures are also part of the Russian 
Feder ation's efforts both to deter Ukraine from entering into the Association Agreement with the 
European Union. That Association Agreement was signed by the parties on 27 June 2014, entered 
into force provisionally on 1 January 2016 and entered into force enti rely on 1 September 2017.  
2. Such measures affect several categories of products, namely juice products, beer, beer -
based beverages and other alcoholic beverages, confectionery products,  wallpaper and similar 
wall coverings originating in Ukraine. Those products of Ukrainian origin may no longer be 
imported into the territory of the Russian Federation. Furthermore, the Russian Federation also 
prohibits traffic in transit of certain of those products from Ukraine, through its territory, to third 
countries.  The measures are applied in a non -transparent and unpredictable manner by the 
Russian Federation, and appear not to have been published and administered in a manner that is 
consistent with the Russian Federation 's obligations under several of the WTO cove red 
agreements.  
2. MEASURES AFFECTING T RADE IN JUICE PRODUC TS FROM UKRAINE AND CLAIMS 
MADE AS REGARDS THOS E MEASURES  
2.1 Import ban on Ukrainian juice products and related measures  
                                                
 Owing to technical reasons, the symbol G/TBT/D/51 was missing from the document circulated with 
the symbols, WT/DS532/1 – G/L/1189 – G/TFA/D1/1 - G/SPS/GEN/1582.  G/TBT/D/51  
 
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  2.1.1  Measures at issue  
3. Since 29 July 2014, the Federal Service for Surveillance on Consumer Rights Protection 
and Human Wellbeing of the Russian Federation ( "Rospotrebnadzor ") has suspended "the 
importation into the territory of the Russian Federation of Ukrainian juice products, including baby 
food".1 This general import ban was announc ed by Rospotrebnadzor on 31 July 2014, and was 
subsequently confirmed by various letters of Rospotrebnadzor.  
4. According to Rospotrebnadzor, "[w]hile carrying out federal state sanitary and 
epidemiological surveillance and federal state surveillance in the f ield of consumer protection, it 
was revealed that Ukrainian juice products did not pass state registration for compliance with the 
technical regulations of the Customs Union, while their labels had a single sign of product 
circulation on the market of the Customs Union Member States – 'EAC'."2 
5. Rospotrebnadzor did not specify the legal basis under Russian law for the general import 
ban of Ukrainian juice products and related measures and for the inspection procedures that 
allegedly were carried out. It also seems that Rospotrebnadzor did not  publish this general import 
ban and related measures in a manner that is consistent with the Russian Federation 's obligations 
under the WTO covered agreements. Moreover, the Ukrainian juice producers have no evidence of 
or information relating to the inspections of their products, which were allegedly carried out by the 
Russian authorities prior to imposing the general import ban.  
6. Repeated requests for information regarding the general import ban on Ukrainian juice 
product s were sent to Rospotrebnadzor and other government bodies of the Russian Federation by 
the Ministry of Economic Development and Trade of Ukraine and Ukrainian producers. The 
requested information concerned, inter alia , the precise grounds for imposing the  import ban and 
copies of the results of the inspection of the Ukrainian products. It appears that neither 
Rospotrebnadzor nor any other government body provided a substantiated and adequate response 
to these requests.  
7. In addition, Ukraine requested, on 15  August 2015, information and clarifications via the 
TBT enquiry point of the Russian Federation in accordance with  Articles 2.5 and 10 of the 
TBT Agreement. At the time of filing this request for consultations, no response has been received 
from the Russian Federation.  
8. It appears that the Ukrainian juice products comply with the applicable technical 
regulations of the Customs Union and that their importation is accompanied by all necessary 
documents confirming their quality and safety, including evide nce of state registration and 
certificates of conformity proving the compliance of the products with the regulatory legal acts of 
both the Russian Federation and the Customs Union. Some of the declarations of conformity of the 
Customs Union were even obtai ned after the imposition of the import ban. The Russian Federation, 
however, failed to take this information into account.  
9. As a result of the general import ban, customs authorities crossed out the stamps "allowed 
for import " in customs declarations and tr ansportation documents of Ukrainian juice products . The 
juice products were sent back to Ukraine. When doing so, the customs authorities did not provide 
the Ukrainian producers with any official document on the basis of which the goods were returned; 
nor d id they provide any adequate explanation for these actions.  
10. Ukrainian juice producers have also confirmed that they continue to export their juice 
products to the other member states of the Eurasian Economic Union on the basis of the 
declarations of confor mity of the Eurasian Customs Union, which are also valid in the Russian 
Federation. Ukraine understands that the Russian Federation imposes, makes effective and/or 
administers the general import ban on Ukrainian juice products and related measures through, 
inter alia : 
- Notice of Rospotrebnadzor dated 31 July 2014 "On the ban of importation of Ukrainian 
juice products "; 
                                                
1 Notice of Rospotrebnadzor dated 31 July 2014 "On the ban of importation of Ukrainian juice products ". 
2 Notice of Rospotrebnadzor dated 31 July 2014 "On the ban of importati on of Ukrainian juice products".  G/TBT/D/51  
 
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  - Letter of Rospotrebnadzor No. 03 -63/1048 dated 1 August 2014;  
- Letter of Rospotrebnadzor No. 04 -5724-14 dated 4 August 2014;  
- Letter of the Belg orod customs office of the Federal Customs Service of the Russian 
Federation No. 51 -20/31676 to a Russian importer of juice products from Ukraine, 
dated 4 August 2014; and  
- Letter of Rospotrebnadzor No. 01/14112 -14-39 to the Ministry of Economic 
Development  and Trade of Ukraine dated 28 November 2014 "Regarding limitation of 
import of the products manufactured in Ukraine to the Russian Federation ". 
11. In addition, this request also covers, in whatever form, any related measures of the 
Russian Federation that gu ide, modify, supplement, extend, renew, replace, administer, implement 
and/or are otherwise closely connected to the above -mentioned measures. This is particularly 
important given the fundamental lack of transparency on the part of the Russian Federation w ith 
regard to the measures at issue including, in particular, the lack of identification of the reasons 
justifying the measures as well as the lack of a statement of the legal basis of those measures.  
2.1.2  Legal basis of the complaint  
12. First, those measures of t he Russian Federation impose restrictions on the importation of 
juice products  from Ukraine and appear to discriminate between Ukrainian products and domestic 
like products and like products originating in third countries. Furthermore, the measures have no t 
been published and administered properly, and information on the measures is not easily 
accessible or often unavailable.  
13. As a result, Ukraine considers that those measures of the Russian Federation are 
inconsistent with several provisions of the GATT 1994, the TFA and the Accession Protocol of the 
Russian Federation, including but not limited to:  
- Articles I:1, X:1, X:2, X:3( a), X:3(b) and XI:1 of the GATT 1994;  
- Articles 1.1.1(a), 1.1.1(f), 1.1.1(h), 1.3.1, 2.1.1 and 2.1.2 of the TFA; and  
- Paragraph 2 of Part I of the Accession Protocol, which incorporates the commitments 
in paragraphs 1426, 1427 and 1428 of the Working Party R eport.  
14. Second, insofar as the measures of the Russian Federation f all within the scope of the 
TBT Agreement, Ukraine considers that they are inconsistent with several provisions of that 
agreement. Indeed, these measures appear to create unnecessary obstacl es to international trade 
and discriminate between, on the one hand, (suppliers of) Ukrainian products and, on the other 
hand, (suppliers of) domestic like products and (suppliers of) like products originating in any other 
country. The Russian Federation h as failed to base those measures on international standards and 
has failed to adequately explain the justification for those measures. Furthermore, the Russian 
Federation has failed to undertake and complete its conformity assessment procedures in an 
exped itious manner and in a no less favourable manner for Ukrainian products than for like 
domestic products. The Russian Federation also failed to adequately transmit the results of such 
assessments to the applicants thereof and ensure that, whenever possible,  results of conformity 
assessment procedures in other Members are accepted. In addition, the Russian Federation failed 
to provide sufficient information about the measures and to respond to reasonable enquiries from 
Ukraine and Ukrainian producers.  
15. As a re sult, Ukraine considers that the measures of the Russian Federation are 
inconsistent with several provisions of the TBT Agreement and the Accession Protocol of the 
Russian Federation, including but not limited to:  
- Article 2.1, 2.2, 2.4, 2.5, 2.11, 5.1.1, 5 .1.2, 5.2.1, 5.2.2, 5.2.8, 6.1 and 10.1 of the 
TBT Agreement; and  
- Paragraph 2 of Part I of the Accession Protocol which incorporates the commitments 
in paragraphs 714, 715, 719, 728, 745, 784, 799, 803, 804 and 813 of the Working 
Party Report.  G/TBT/D/51  
 
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  2.2 Transit ban on Ukrainian juice products  
2.2.1  Measures at issue  
16. Since 2016, the Russian Federation has prohibited traffic in transit, through its territory, of 
Ukrainian juice products that may not be imported . The specific ground invoked for imposing that 
transit ban is th e fact that the importation of Ukrainian juice produc ts has been prohibited since 
29 July 2014. The transit ban, which is applied as a result of the import ban, applies to all juice 
products of Ukrainian origin, regardless of the border at which the produc ts enter the territory of 
the Russian Federation.  
17. As a result, the transit ban on Ukrainian juice products challenged in these proceedings 
appears to apply separately and in addition to the bans and restrictions of traffic in transit 
introduced by Decree o f the President of the Russian Federation No. 1 of 1 January 2016 "On 
measures to ensure economic security and national interests of the Russian Federation in 
international cargo transit from the territory of Ukraine to the territory of the Republic of 
Kazakhstan through the territory of the Russian Federation " ("Decree No. 1 ") and Decree of the 
President of the Russian Federation No. 319 of 1 July 2016 "On amendments to the Decree of the 
President of the Russian Federation No. 1 of 1 January 2016 'On measu res to ensure economic 
security and national interests of the Russian Federation in international cargo transit from the 
territory of Ukraine to the territory of the Republic of Kazakhstan through the territory of the 
Russian Federation '" ("Decree No. 319 "), which are challenged in WT/DS512 Russia – Measures 
Concerning Traffic in Transit . 
18. It appears that the transit ban has not been published and administered in a manner that 
is consistent with the Russian Federation 's obligations under the WTO covered agre ements. For 
example, there appears to be no explanation of the reasons for applying the transit ban in 2016 
despite the fact that the import ban was already in place as of 29 July 2014.  
19. Ukraine understands that the Russian Federation imposes, makes effecti ve and/or 
administers this transit ban on Ukrainian juice products through, inter alia : 
- Letter of the Federal Customs Service of the Russian Federation No. 01 -11/15777 "On 
submission of information " of 6 April 2016;  
- Articles 152(2) and 216 of the Customs Code of the Customs Union; and  
- Articles 5 and 12(1)(6) of the Federal Law of the Russian Federation No. 311 -FZ 
dated 27 November 2010, "On Customs Regulation in the Russian Federation ". 
20. In addition, this request also covers, in whatever form, any related m easures of the 
Russian Federation that guide, modify, supplement, extend, renew, replace, administer, implement 
and/or are otherwise closely connected to the above -described measures. This is particularly 
important given the fundamental lack of transparenc y on the part of the Russian Federation with 
regard to the measures at issue including, in particular, the lack of identification of the reasons 
justifying the measures as well as the lack of a statement of the legal basis of those measures.  
2.2.2  Legal basis of  the complaint  
21. Through those measures, the Russian Federation denies freedom of transit through its 
territory to traffic in transit of Ukrainian juice products, discriminates amongst traffic in transit, 
and subjects traffic in transit from Ukraine to unnec essary delays and restrictions. Furthermore, 
these measures have not been properly published and administered, and information on these 
measures is not easily accessible or often unavailable.  
22. As a result, Ukraine considers that those measures of the Russia n Federation are 
inconsistent with several provisions of the GATT 1994, the TFA and the Accession Protocol of the 
Russian Federation, including but not limited to:  
- Articles V:2, V:3, V:5, V:6, X:1, X:2, X:3(a) and X:3(b) of the GATT 1994;  
- Article 1.1.1(a),  1.1.1(f), 1.1.1(h), 2.1.1, 2.1.2, 11.1(a), 11.1(b) and 11.8 of the 
TFA; and  G/TBT/D/51  
 
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  - Paragraph 2 of Part I of the Accession Protocol, which incorporates the commitments 
in paragraphs 1161, 1426, 1427 and 1428 of the Working Party Report.  
3. MEASURES AFFECTING T RADE I N BEER, BEER -BASED BEVERAGES AND OTHER 
ALCOHOLIC BEVERAGES FROM UKRAINE AND CLA IMS MADE AS REGARDS THOSE 
MEASURES  
3.1 Measures at issue  
23. Since 15 August 2014, Rospotrebnadzor has banned the importation into the Russian 
Federation of alcoholic beverages, beer an d beer beverages produced by three Ukrainian 
producers.3 This producer -specific import ban affects the majority (up to 70%) of the Ukrainian 
beer, beer -based beverages and other alcoholic beverages which are exported to the Russian 
Federation.  
24. The reason given by Rospotrebnadzor for imposing that import ban is that "while carrying 
out state surveillance over circulation of food products, examination of vodka, beer and beer 
beverages of Ukrainian production has revealed numerous violations of leg islative requirements in 
the field of consumer protection (inconsistency of requirements to products labelling) ".4 
25. Repeated requests for information and consultations regarding the producer -specific 
import ban were sent to Rospotrebnadzor  and other government bodies of the Russian Federation 
by Ukrainian producers and Ukrainian state agencies. The information requested concerned, inter 
alia, the precise grounds for imposing the import ban and copies of the results of the inspection of 
the Ukrainian products. It appears that neither Rospotrebnadzor nor any other government body 
provided a substantiated and adequate response to these requests.  
26. The Russian Federation fails to take into account that the Ukrainian beer, beer -based 
beverages and  other alcoholic beverages are certified by the necessary certificates of conformity 
and state registration. It also appears that the export of such beverages produced by Ukrainian 
producers to the other member states of the Eurasian Economic Union is not prohibited.  
27. Rospotrebnadzor did not specify the legal basis under Russian law for the producer -specific 
import ban on beer, beer -based beverages and other alcoholic beverages from Ukraine and related 
measures and for the inspection procedures that were car ried out. It also seems that 
Rospotrebnadzor failed to elaborate sufficiently on the reasons for non -compliance with the 
labelling requirements and failed to publish the import ban and related measures in a manner that 
is consistent with the Russian Federa tion's obligations under the WTO covered agreements.  
28. Ukraine understands that the Russian Federation imposes, makes effective and/or 
administers the producer -specific import ban on Ukrainian , beer, beer -based beverages and other 
alcoholic beverages  and rel ated measures through, inter alia : 
- Letter of Rospotrebnadzor No. 01/8654 -14-23 dated 1 August 2014 "On the 
prohibition of the import of Ukrainian products "; 
- Letter of Rospotrebnadzor No. 01/9231 -14-23 dated 13 August 2014 "On the 
prohibition of the import of Ukrainian products "; 
- Notice of Rospotrebnadzor dated 13 August 2014 "On the suspension of importation 
of alcoholic beverages, beer and beer beverages produced in Ukraine "; 
                                                
3 See Notice of Rospotrebnadzor dated 13 August 2014 "On the suspension of importation of alcoholic 
beverages, beer and beer beverages produc ed in Ukraine ";the Letter of Rospotrebnadzor No. 01/8654 -14-23 
dated 1 August 2014 "On the prohibition of the import of Ukrainian products " (Rospotrebnadzor decided to 
"suspend import of alcoholic beverages, beer and beer beverages produced in Ukraine from  15 August 2014 
(HS codes 2203, 2209 60, 2208 90) ") and the Letter of Rospotrebnadzor No. 01/9231 -14-23 dated 13 August 
2014 "On the prohibition of the import of Ukrainian products " (Rospotrebnadzor "suspended the importation 
into the territory of the Russ ian Federation of alcoholic beverages (HS code 2208 60, 2208 90) only produced 
by [a Ukrainian producer], a nd beer and beer beverages (HS Code 2203) produced by [two Ukrainian 
producers] "). 
4 Notice of Rospotrebnadzor dated 13 August 2014 "On the suspension  of importation of alcoholic 
beverages, beer and beer beverages produced in Ukraine ". G/TBT/D/51  
 
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  - Letter of Rospotrebnadzor No. 01/14112 -14-39 to the Ministry of Economic 
Developm ent and Trade of Ukraine dated 28 November 2014 "Regarding limitation of 
import of the products manufactured in Ukraine to the Russian Federation "; and  
- Letter of Rospotrebnadzor No. 01/14093 -14-39 to PJSC "Obolon " dated 28 November 
2014.  
29. In addition, this request also covers, in whatever form, any related measures of the 
Russian Federation that guide, modify, supplement, extend, renew, replace, administer, implement 
and/or are otherwise closely connected to the above -mentioned measures. This is particularly  
important given the fundamental lack of transparency on the part of the Russian Federation with 
regard to the measures at issue including, in particular, the lack of identification of the reasons 
justifying the measures as well as the lack of a statement of the legal basis of those measures.  
3.2 Legal basis of the complaint  
30. First, those measures of the Russian Federation impose restrictions on the importation of 
beer, beer -based beverages and other alcoholic beverages  from Ukraine and appear to 
discriminate am ongst Ukrainian products and domestic like products and like products originating 
in third countries. Furthermore, the measures have not been published and administered properly, 
and information on the measures is not easily accessible or often unavailable . 
31. As a result, Ukraine considers that those measures of the Russian Federation are 
inconsistent with several provisions of the GATT 1994, the TFA and the Accession Protocol of the 
Russian Federation, including but not limited to:  
- Articles I:1, X:1, X:2, X: 3(a), X:3(b) and XI:1 of the GATT 1994;  
- Articles 1.1.1(a), 1.1.1(f), 1.1.1(h), 1.3.1, 2.1.1 and 2.1.2 of the TFA; and  
- Paragraph 2 of Part I of the Accession Protocol, which incorporates the commitments 
in paragraphs 1426, 1427 and 1428 of the Working Party  Report.  
32. Second, insofar as the measures of the Russian Federation f all within the scope of the 
TBT Agreement, Ukraine considers that they are inconsistent with several provisions of that 
agreement. Indeed, these measures appear to create unnecessary obsta cles to international trade 
and discriminate between, on the one hand,(suppliers of) Ukrainian products and, on the other 
hand, (suppliers of) like products of national origin and (suppliers of) like products originating in 
any other country. The Russian F ederation has failed to base those measures on international 
standards and has failed to adequately explain the justification for those measures. Furthermore, 
the Russian Federation has failed to undertake its conformity assessment procedures in an 
expedit ious manner and in a no less favourable manner for Ukrainian products than for like 
domestic products. The Russian Federation also failed to transmit adequately the results of such 
assessments to the applicants and ensure that, whenever possible, results o f conformity 
assessment procedures in other Members are accepted. In addition, the Russian Federation failed 
to provide sufficient information about the measures and to respond to reasonable enquiries from 
Ukraine and Ukrainian producers.  
33. As a result, Ukr aine considers that the measures of the Russian Federation are 
inconsistent with several provisions of the TBT Agreement and the Accession Protocol of the 
Russian Federation, including but not limited to:  
- Article 2.1, 2.2, 2.4, 2.5, 2.11, 5.1.1, 5.1.2, 5.2 .1, 5.2.2, 5.2.8, 6.1 and 10.1 of the 
TBT Agreement; and  
- Paragraph 2 of Part I of the Accession Protocol, which incorporates the commitments 
in paragraphs 714, 715, 719, 728, 745, 784, 799, 803, 804 and 813 of the Working 
Party Report.  
4. MEASURES AFFECTING T RADE IN CONFECTIONER Y PRODUCTS FROM UKRA INE 
AND CLAIMS MADE REGA RDING THOSE MEASURES  
4.1 Import bans on Ukrainian confectionery products and related measures  G/TBT/D/51  
 
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  4.1.1  Measures at issue  
34. Since 31 July 2013, Rospotrebnadzorhas banned "the import of the confectionery 
produ cts, produced by [factories of a Ukrainian confectionery producer] into the territory of the 
Russian Federation ".5 
35. Subsequent to the imposition of that import ban, Rospotrebnadzor carried out inspections 
at the factories concerned. It appears that the purp ose of those inspections was to verify 
compliance with technical regulations governing food safety and the labelling of food products, 
though the precise object of the inspections remains uncertain. A representative of the main 
Russian competitor of the Uk rainian confectionery producer participated in the inspections, causing 
the inspection process to be administered in a partial manner. Although the inspectors refused to 
sign the final inspection report, Rospotrebnadzor nonetheless announced that the confe ctionery 
products did not meet the applicable requirements for microbiological safety and product quality 
indicators.  
36. The producer -specific import ban was followed by a general ban on importation of all 
Ukrainian confectionery products into the territory o f the Russian Federation, which was imposed 
by Rospotrebnadzor on 5 September 2014 and applied as of that date. On 3 September 2014, 
Rospotrebnadzor announced that "with effect from 5 September 2014, importation into the 
territory of the Russian Federation  of confectionery products (FEACN 1704, 1806, 1905) produced 
in Ukraine is suspended ".6 An additional notice was published on 5 September 2014. That 
announcement was also confirmed by the Federal Customs Service of the Russian Federation on 6 
April 2016. T he letter and notice of Rospotrebnadzor dated, respectively, 3 and 5 September 2014 
suggest that the importation of all Ukrainian confectionery products was banned because such 
products of two producers were found to violate requirements of consumer protec tion legislation.  
37. Repeated requests for information regarding the general ban on importation of Ukrainian 
confectionery products were sent to Rospotrebnadzor and other government bodies of the Russian 
Federation by Ukrainian producers and the Ministry of E conomic Development and Trade of 
Ukraine. The information requested concerned, inter alia , an official notification of the import ban, 
the grounds for imposing the import ban, the results of laboratory tests, references to applicable 
legislation and the sampling procedure(s) used. It appears that neither Rospotrebnadzor nor any 
other governmen t body provided a substantiated and adequate response to the Ukrainian requests 
for information.  
38. The reasons given by Rospotrebnadzor for imposing the producer -specific and general 
import ban on confectionery products from Ukraine appear to be uncertain, i ncomplete, changing 
and contradictory. Some reasons are advanced in the measures themselves; others are to be 
found in public statements made by Rospotrebnadzor or other representatives of the Government 
of the Russian Federation.  
39. Rospotrebnadzor did not s pecify the legal basis under Russian law for the measures 
affecting the importation of confectionery products from Ukraine and for the inspection procedures 
that were carried out. Moreover, it seems that Rospotrebnadzor did not publish the import bans 
and related measures in a manner that is consistent with the Russian Federation 's obligations 
under the WTO covered agreements.  
40. Ukraine understands that the Russian Federation imposes, makes effective and/or 
administers the import bans on Ukrainian confectione ry products and related measures through, 
inter alia : 
- Letter of Rospotrebnadzor No. 01/8612 -13-23 to the Head of the Federal Customs 
Service of the Russian Federation dated 29 July 2013 "On ban on imports of 
confectionery goods produced at the factories of  [a Ukrainian producer] "; 
                                                
5 Notice of Rospotrebnadzor dated 31 July 2013 " On ban on imports of confectionery goods produced at 
the factories of [a Ukrainian producer] ". 
6 Letter of Rospotrebnadzor  No. 01/10288 -14-23 dated 3 September 2014 "On prohibition on import of 
confectionery  products originating from Ukraine ". G/TBT/D/51  
 
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  - Notice  of Rospotrebnadzor dated 31 July 2013 "On ban on imports of confectionery 
goods produced at the factories of [a Ukrainian producer] "; 
- Notice of Rospotrebnadzor dated 6 August 2013 "On evaluation of confectionery 
goods produ ced at factories of [a Ukrainian producer] "; 
- Notice of the Administration of the Federal Service for Surveillance on Consumer 
Rights Protection and Human Wellbeing in the Chuvash Republic dated 31 October 
2013 "On products of [a Ukrainian producer] "; 
- Letter of Rospotrebnadzor No. 01/10288 -14-23 dated 3 September 2014 "On 
prohibition on import of confectionery products originating from Ukraine "; 
- Notice of Rospotrebnadzor dated 5 September 2014 "On suspension of importation of 
confectionery productsfrom Ukraine "; 
- Letter of the Federal Customs Service of the Russian Federation to the regional 
customs departments and customs bodies No. 14 -82/42477 dated 5 September 
2014;  
- Letter of Rospotrebnadzor  No. 01/14112 -14-39 to the Ministry of Economic 
Development and Trade of Ukraine dated 28 November 2014 "Regarding limitation of 
import of the products manufactured in Ukraine to the Russian Federation "; 
- Letter of the Federal Customs Service of the Russian Federation No. 01 -11/15777 
dated 6 April 2016 "On submission of information "; 
- Letter of the Representation of the Customs Service of the Russian Federation in 
Ukraine to the State Fiscal Service of Ukraine No. 05 -12/84 dated 27 April 2016; and  
- Letter of the Federal Customs Service of the Russian Federation  No. 01-18/21260 to 
the Embassy of Ukraine in the Russian Federation dated 5 May 2016.  
41. In addition, this request covers, in whatever form, any related measures of the Russian 
Federation that guide, modify, supplement, exten d, renew, replace, administer, implement and/or 
are otherwise closely connected to the above -described measures. This is particularly important, 
given the fundamental lack of transparency on the part of the Russian Federation with regard to 
the measures at  issue including, in particular, the lack of identification of the reasons justifying the 
measures as well as the lack of a statement of the legal basis of those measures.  
4.1.2  Legal basis of the complaint  
42. First, those measures of the Russian Federation impose restrictions on the importation of 
confectionery products from Ukraine and appear to discriminate amongst Ukrainian products and 
domestic like products and like products from third countries. Furthermore, the measures have not 
been published and administer ed properly, and information on the measures is not easily 
accessible or often unavailable.  
43. As a result, Ukraine considers that those measures of the Russian Federation are 
inconsistent with several provisions of the GATT 1994, the TFA and the Accession Pr otocol of the 
Russian Federation, including but not limited to:  
- Articles I:1, X:1, X:2, X:3(a), X:3(b) and XI:1 of the GATT 1994;  
- Articles 1.1.1(a), 1.1.1(f), 1.1.1(h), 1.3.1, 2.1.1 and 2.1.2 of the TFA; and  
- Paragraph 2 of Part I of the Accession Protocol,  which incorporates the commitments 
in paragraphs 1426, 1427 and 1428 of the Working Party Report.  
44. Second, insofar as the measures of the Russian Federation f all within the scope of the 
TBT Agreement, Ukraine considers that they are inconsistent with sever al provisions of that G/TBT/D/51  
 
- 9 - 
 
  agreement. Indeed, through those measures, the Russian Federation appears to create 
unnecessary obstacles to international trade and discriminate between, on the one hand, 
(suppliers of) Ukrainian products and, on the other hand, (sup pliers of) like products of national 
origin and (suppliers of) like products originating in any other country. The Russian Federation has 
failed to base those measures on international standards and to adequately explain the 
justification for those measure s. Furthermore, the Russian Federation has failed to undertake and 
complete its conformity assessment procedures in an expeditious manner and in a no less 
favourable manner for Ukrainian products than for like domestic products. The Russian Federation 
also failed to transmit the results of such assessments to the applicants and ensure that, whenever 
possible, results of conformity assessment procedures in other Members are accepted. In addition, 
the Russian Federation failed to provide sufficient informatio n about the measures and to respond 
to reasonable enquiries from Ukraine and Ukrainian producers.  
45. Consequently, Ukraine considers that the measures at issue are inconsistent with several 
provisions of the TBT Agreement and the Accession Protocol of the Ru ssian Federation, including 
but not limited to:  
- Articles 2.1, 2.2, 2.4, 2.5, 2.11, 5.1.1, 5.1.2, 5.2.1, 5.2.2, 5.2.8, 6.1 and 10.1 of the 
TBT Agreement; and  
- Paragraph 2 of Part I of the Accession Protocol, which incorporates the commitments 
in paragraphs 7 14, 715, 719, 728, 745, 784, 799, 803, 804 and 813 of the Working 
Party Report.  
46. Third, insofar as the measures of the Russian Federation f all within the scope of the 
SPS Agreement, Ukraine considers that they are inconsistent with several provisions of tha t 
agreement. Indeed, the measures of the Russian Federation are applied beyond the extent 
necessary to protect human life and health, are not based on an appropriate risk assessment and 
are maintained without sufficient scientific evidence. These measures also appear to discriminate 
arbitrarily or unjustifiably between Members where identical or similar conditions prevail and are 
applied in a manner which constitutes a disguised restriction on international trade. The Russian 
Federation also failed to under take and complete the procedure to check the fulfilment of the 
sanitary and phytosanitary measures in a fair and timely manner and failed to transmit the results 
of any such procedure to the applicants.  
47. As a result, Ukraine considers that the measures at i ssue are inconsistent with several 
provisions of the SPS Agreement and the Accession Protocol of the Russian Federation, including 
but not limited to:  
- Articles 2.2, 2.3, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 7 (read together with paragraph 1 of 
Annex B) and 8 (read together with paragraphs 1(a) and 1(b) of Annex C) of the 
SPS Agreement; and  
- Paragraph 2 of Part I of the Accession Protocol, which incorporates the  commitments 
in paragraphs 926, 955, 1009, 1031, 1033, 1055, 1060 and 1062 of the Working 
Party Report.  
4.2 Transit ban on Ukrainian confectionery products  
4.2.1  Measures at issue  
48. Since March 2016, the Russian Federation has prohibited traffic in transit, through it s 
territory, of Ukrainian confectionery products that may not be imported . The specific ground 
invoked for imposing that transit ban is the fact that the importation of Ukrainian confectionery 
products (classified under FEACN 1704, 1806 or 1905) has been p rohibited since 5 September 
2014. The transit ban, which is applied as a result of the import ban, applies to all confectionery 
products of Ukrainian origin, regardless of the border at which the products enter the territory of 
the Russian Federation.  
49. Thus, the transit ban on Ukrainian confectionery products challenged in these proceedings 
appears to apply separately and in addition to the bans on and restrictions of traffic in transit G/TBT/D/51  
 
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  introduced by Decree No. 1 and Decree No. 319, which are part of the mea sures at issue in 
WT/DS512 Russia – Measures Concerning Traffic in Transit . 
50. It appears that the transit ban on Ukrainian confectionery products has not been published 
and administered in a manner that is consistent with the Russian Federation 's obligations  under 
the WTO covered agreements. For example, there appears to be no explanation of the reasons for 
applying the transit ban in 2016, despite the fact that the import b an was already in place as of 
5 September 2014.  
51. Ukraine understands that the Russian F ederation imposes, makes effective and/or 
administers this transit ban on Ukrainian confectionery products through, inter alia : 
- Notice of the Magaramkentsky customs office dated 3 April 2016;  
- Letter of the Federal Customs Service of the Russian Federation No. 01 -11/15777 
dated 6 April 2016, "On submission of information "; 
- Letter of the Federal Customs Service of the Russian Federation  No. 04 -40/20037 to 
[a Ukrainian producer of confectionery products]  dated 26 April 2016;  
- Letter of the Representation of the  Customs Service of the Russian Federation in 
Ukraine to the State Fiscal Service of Ukraine No. 05 -12/84 dated 27 April 2016;  
- Letter of the Ministry of Transport of the Russian Federation No. 9 -517 to the Deputy 
Minister of Infrastructure of Ukraine dated  4 May 2016;  
- Letter of the Federal Customs Service of the Russian Federation  No. 01-18/21260 to 
the Embassy of Ukraine in the Russian Federation dated 5 May 2016;  
- Articles 152(2) and 216 of the Customs Code of the Customs Union; and  
- Articles 5 and 12(1)(6)  of the Federal Law of the Russian Federation No. 311 -FZ 
dated 27 November 2010, "On Customs Regulation in the Russian Federation ". 
52. In addition, this request also covers, in whatever form, any related measures of the 
Russian Federation that guide, modify, supplement, extend, renew, replace, administer, implement 
and/or are otherwise closely connected to the above -described measures. This is particularly 
important given the fundamental lack of transparency on the part of the Russian Federation with 
regard to  the measures at issue including, in particular, the lack of identification of the reasons 
justifying the measures as well as the lack of a statement of the legal basis of those measures.  
4.2.2  Legal basis of the complaint  
53. Through those measures, the Russian Fed eration denies freedom of transit through its 
territory to traffic in transit of Ukrainian products, discriminates amongst traffic in transit, and 
subjects traffic in transit from Ukraine to unnecessary delays and restrictions. Furthermore, those 
measures have not been published and administered properly, and information on those measures 
is not easily accessible or often unavailable.  
54. As a result, Ukraine considers that those measures of the Russian Federation are 
inconsistent with several provisions of the GATT 1994, the TFA and the Accession Protocol of the 
Russian Federation, including but not limited to:  
- Articles V:2, V:3, V:5, V:6;  X:1, X:2, X:3(a) and X:3(b) of the GATT 1994;  
- Article 1.1.1(a), 1.1.1(f), 1.1.1(h), 2.1.1, 2.1.2, 11.1(a), 11.1(b) and 11.8 of the 
TFA; and  
- Paragraph 2 of Part I of the Accession Protocol, which incorporates the commitments 
in paragraphs 1161, 1426, 1427 and 1428 of the Working Party Report.  G/TBT/D/51  
 
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  5. MEASURES AFFECTING T RADE IN WALLPAPER AN D SIMILAR WALL COVER INGS 
FROM UKRAINE AND CLA IMS MADE AS REGARDS THOSE MEASURES  
5.1 Measures at issue  
55. Since13 April 2015, Rospotrebnadzor has banned "the importation into the territory of the 
Russian Federation of wallpaper and similar wall coverings produced by [four Ukrainian producers], 
FEACN code 4814 ".7 This producer -specific import ban affects the majority (up to 80%) of the 
Ukrainian wallpaper wh ich is exported to the Russian Federation.  
56. The import ban was announced by Rospotrebnadzor on 10 April 2015 and was 
subsequently confirmed by various letters of Rospotrebnadzor. According to Rospotrebnadzor, 
"while carrying out examination of wallpapers of  Ukrainian production within the framework of 
federal state sanitary and epidemiological surveillance, violations of legislative requirements in the 
field of welfare of the population were revealed ".8 More precisely, it was found that the products of 
four Ukrainian wallpaper producers "were not consistent with the requirements for migration of 
formaldehyde and sterol into air ". 
57. The Ukrainian wallpaper producers did not receive from the Russian authorities any official 
notification or additional information on the import ban, or relating to the official inspections of 
their products conducted by the Russian authorities, prior to the imposition of the import ban.  
58. The producer -specific import ban on Ukrainian wallpaper and similar wall coverings was 
imposed on the basis of alleged violations of hygienic requirements, which appear to be detected 
by the Expert Conclusion of 1 April 2015, issued by the Federal State Budgetary Institution of 
Healthcare "Centre of Hygiene and Epidemiology in Moscow ". According to the  Expert Conclusion, 
the tested wallpaper did not comply with Section 6 of Chapter II of the Common Sanitary 
Epidemiological and Hygienic Requirements in terms of formaldehyde and sterol emissions. 
However, there are discrepancies between the test results a nd the conclusions of the Expert 
Conclusion. The results of the Expert Conclusion have been repeatedly contradicted by laboratory 
testing undertaken by the Ukrainian producers of wallpaper, territorial administrations of 
Rospotrebnadzor in different region s of the Russian Federation and relevant authorities in Belarus.  
59. Repeated requests for information regarding the producer -specific import ban were sent to 
Rospotrebnadzor and other government bodies of the Russian Federation by Ukrainian producers 
and Ukra inian state agencies. The information requested concerned, inter alia , the precise grounds 
for imposing the import ban, the results of laboratory testing and the reasons for the non -
recognition of certificates of conformity. It appears that neither Rospotr ebnadzor nor any other 
government body provided a substantiated and adequate response to these requests.  
60. The Russian Federation fails to take into account that the Ukrainian wallpaper and similar 
wall coverings were (both before and after imposing the imp ort ban) certified by the necessary 
conformity assessment certificates, and that inspections performed by different institutions ( e.g. 
territorial administrations of Rospotrebnadzor and relevant authorities in Belarus) all resulted in 
the conclusion that t he wallpaper  and similar wall coverings  complied with the relevant sanitary 
and epidemiological requirements, including the permitted concentrations of formaldehyde and 
sterol.  
61. Rospotrebnadzor did not specify the legal basis under Russian law for the measu res 
affecting the importation of Ukrainian wallpaper and similar wall coverings and for the inspection 
procedures that were carried out. It also seems that Rospotrebnadzor did not  publish the import 
bans and related measures in a manner that is consistent with the Russian Federation 's obligations 
under the WTO covered agreements.  
                                                
7 Letter of Rospotrebnadzor No. 01/3820 -15-32 "Regarding ban on the importation of Ukrainian 
products " to its regional offices dated 1 0 April 2015 . Also see the l etter of Rospotrebnadzor No. 01/5717 -15-39 
"On the ban on importation of [a Ukrainian producer’s] wallpaper " to a Ukrain ian wallpaper producer dated 
26 May 2015 . 
8 Letter of Rospotrebnadzor No. 01/3820 -15-32 "Regarding ban on th e importation of Ukrainian 
products " to its regional offices dated 10 April 2015 . G/TBT/D/51  
 
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  62. Ukraine understands that the Russian Federation imposes, makes effective and/or 
administers the producer -specific import ban on Ukrainian wallpaper and similar wall coverings and 
related measures through, inter alia : 
- Expert Conclusion of the Federal State Budgetary Institution of Healthcare "Centre of 
Hygiene and Epidemiology in Moscow " dated 1 April 2015;  
- Letter of Rospotrebnadzor No. 01/3820 -15-32 "Regarding ban on the importation  of 
Ukrainian products " to its regional offices dated 10 April 2015;  
- Notice of the Rospotrebnadzor Administration of the Belgorod District No. 2 to a 
transporter of wallpaper produced by a Ukrainian producer dated 21 April 2015;  
- Letter of Rospotrebnadzor N o. 01/5717 -15-39 "On the ban on importation of 
[a Ukrainian producer 's] wallpaper " to a Ukrainian wallpaper pr oducer dated 
26 May 2015;  
- Letter of Rospotrebnadzor No. 01/6529 -15-31 "On the ban on importation of 
[a Ukrainian producer 's] wallpaper " to a Ukrai nian wallpaper producer dated 
9 June 2015; and  
- Letter of Rospotrebnadzor No. 01/7855 -15-39 "On the ban on importation of 
[a Ukrainian producer 's] wallpaper " to a Ukrainian wallpaper producer dated 
7 July 2015.  
63. In addition, this request also covers, in what ever form, any related measures of the 
Russian Federation that guide, modify, supplement, extend, renew, replace, administer, implement 
and/or are otherwise closely connected to the above -described measures. This is particularly 
important given the fundame ntal lack of transparency on the part of the Russian Federation with 
regard to the measures at issue including, in particular, the lack of identification of the reasons 
justifying the measures as well as the lack of a statement of the legal basis of the me asures.  
5.2 Legal basis of the complaint  
64. First, those measures of the Russian Federation impose restrictions on the importation of 
wallpaper and similar wall coverings  from Ukraine and appear to discriminate amongst Ukrainian 
products and domestic like products and like products of third countries. Furthermore, the 
measures have not been published and administered properly, and information on these measures 
is not easily accessible and often unavailable.  
65. As a result, Ukraine considers that those measures  of the Russian Federation are 
inconsistent with several provisions of the GATT 1994, the TFA and the Accession Protocol of the 
Russian Federation, including but not limited to:  
- Articles I:1, X:1, X:2, X:3(a), X:3(b) and XI:1 of the GATT 1994;  
- Articles 1.1 .1(a), 1.1.1(f), 1.1.1(h), 1.3.1, 2.1.1 and 2.1.2 of the TFA; and  
- Paragraph 2 of Part I of the Accession Protocol, which incorporates the commitments 
in paragraphs 1426, 1427 and 1428 of the Working Party Report.  
66. Second, insofar as the measures of the Russ ian Federation fall within the scope of the 
TBT Agreement, Ukraine considers that they are inconsistent with several provisions of that 
agreement. Indeed, these measures appear to create unnecessary obstacles to international trade 
and discriminate between , on the one hand, (suppliers of) Ukrainian products and, on the other 
hand, (suppliers of) domestic like products and (suppliers of) like products originating in any other 
country. The Russian Federation has failed to base those measures on international standards and 
has failed to adequately explain the justification for those measures. Furthermore, the Russian 
Federation has failed to undertake and complete its conformity assessment procedures in an 
expeditious manner and in a no less favourable manner f or Ukrainian products than for like 
domestic products. The Russian Federation also failed to adequately transmit the results of such G/TBT/D/51  
 
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  assessments to the applicants thereof and to ensure that, whenever possible, results of conformity 
assessment procedures in  other Members are accepted. In addition, the Russian Federation failed 
to provide sufficient information about the measures and to respond to reasonable enquiries from 
Ukraine and Ukrainian producers.  
67. As a result, Ukraine considers that the measures of t he Russian Federation are 
inconsistent with several provisions of the TBT Agreement and the Accession Protocol of the 
Russian Federation, including but not limited to:  
- Articles 2.1, 2.2, 2.4, 2.5, 2.11, 5.1.1, 5.1.2, 5.2.1, 5.2.2, 5.2.8, 6.1 and 10.1 of th e 
TBT Agreement; and  
- Paragraph 2 of Part I of the Accession Protocol, which incorporates the commitments 
in paragraphs 714, 715, 719, 728, 745, 784, 799, 803, 804 and 813 of the Working 
Party Report.  
*** 
The above -described measures appear to nullify or im pair benefits accruing to Ukraine directly or 
indirectly under the covered agreements within the meaning of Article XXIII:1 of the GATT 1994.  
Ukraine reserves the right to request the Russian Federation to produce additional information and 
documents rega rding the measures at issue. Ukraine also reserves its right to raise further factual 
and legal claims regarding the measures in the course of the consultations and in any future 
request for the establishment of a panel.  
Ukraine looks forward to the Russia n Federation 's reply to this request and to fixing a mutually 
convenient date for consultations.  
__________