. /.   WORLD TRADE  
ORGANIZATION  WT/DS421/4 
13 May 2011 
 
 (11-2485) 
 Original:   English 
  
 
MOLDOVA – MEASURES AFFECTING THE IMPORTATION 
AND INTERNAL SALE OF GOODS (ENVIRONMENTAL CHARGE) 
 
Request for the Establishment of a Panel by Ukraine
 
 
  The following communication, dated 12 May 2011, from the delegation of Ukraine to the Chairperson of the Dispute Settlement Body, is ci rculated pursuant to Article 6.2 of the DSU. 
 
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On 18 February 2011, Ukraine requested consu ltations with the Government of the Republic 
of Moldova pursuant to Article 4 of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes  ("DSU") and Article XXII.1 of the General Agreement on Tariffs and Trade 
1994  ("GATT") , which was circulated to the Members in document WT/DS421/1 on 21 February 
2011. 
The Request for Consultations was with resp ect to the measures introduced by Moldova 
affecting the importation and internal sale of goods (environmental charge). 
Pursuant to the Law "On Charge for Contamin ation of Environment" of 25 February 1998 
("Law") Moldova applies "a charge for import of products, the use of which contaminates the 
environment", ranging from 0,5 % to 5 % of the customs value of importe d products. The list of 
goods is extensive and it seems to be a systemic i ssue. It appears that like domestic products are not 
subject to this charge. 
Pursuant to the Law Moldova also applies "a charge for a plastic or "tetra-pack" package 
containing products (except for dairy produce)", ra nging from MDL 0,80 to 3,00 per a package. It 
appears that packages containing domestically produced like products are not subject to this charge.  
Ukraine considers that the m easure is inconsistent with Moldova's obligations under 
GATT 1994:  
- Moldova seems to have acted inconsistently with Article III:1 and 2 of the GATT 
1994, by subjecting the products of the terr itory of other Members imported into the 
territory of Moldova, directly or indirectly, to internal taxes or other internal charges 
of any kind in excess of those applied, directly or indirectly, to like domestic products 
and affording protection to domestic production;  
- Moldova seems to have acted inconsistently  with Article III:4 of the GATT 1994, by 
failing to accord to products of the territory  of Ukraine imported into the territory of 
Moldova treatment no less favorable than th at accorded to like products of national 
origin in respect of all laws, regulations a nd requirements affecting their internal sale, 
offering for sale, purchase, trans portation, distribution or use. WT/DS421/4 
Page 2 
 
 
  With a view to reaching a mutually satisfactory solution to this matter, Ukraine proposed that 
consultations be held as soon as possible on a date to be agreed between our Missions.  
Nevertheless, the consultations were not po ssible since Ukraine had neither received any 
written reply nor had the Moldovan experts enter th e consultations within a period as provided in 
Article 4 of the DSU, which made it impossible for the experts from Ukraine to meet and discuss the 
matter in question at consultation stage. 
Accordingly, Ukraine respectfully requests, pursuan t to Article 6 of the DSU, that the Dispute 
Settlement Body establish a panel to examine the matte r, with the standard terms of reference set out 
in Article 7.1 of the DSU.  Ukraine asks that this request be placed on the agenda of the next meeting 
of the WTO Dispute Settlement Body. 
 
 
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