RUSSIAN FEDERATION – MEASURES ON THE IMPORTATION OF LIVE PIGS, PORK AND OTHER PIG PRODUCTS FROM THE EUROPEAN UNION RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION REQUEST FOR THE ESTABLISHMENT OF A PANEL
Document: Appellate Body Report
Date: 19 October 2018
Document codes: WT/DS475/21
Complainant: EU
Respondent: Russia
Third parties: Australia, China, India, Japan, South Korea, Norway, Taiwan, U.S., Brazil, South Africa
Dispute stage: Appellate Body
Agreements cited: Art. 2.2, 3.1, 3.2, 3.3, 5.1, 5.2, 5.7, 6.1, 6.2, 6.3, 5.3, 5.4, 5.6, 2.3, 5.5, 8, Annex C, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)Art. I:1, III:4, XI:1  GATT 1994

RUSSIAN FEDERATION – MEASURES ON THE IMPORTATION OF LIVE PIGS,
PORK AND OTHER PIG PRODUCTS FROM THE EUROPEAN UNION
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION
REQUEST FOR THE ESTABLISHMENT OF A PANEL
The following communication, dated 18 October 2018, from the delegation of the European Union
to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.5 of the DSU.

On 21 March 2017, the DSB adopted the Appellate Body Report, and the Panel Repo rt, as modified
by the Appellate Body Report, in Russian Federation – Measures on the Importation of Live Pigs,
Pork and Other Pig Products from the European Union (DS475) (Russia – Pigs (EU)). These reports
concluded that the individual import bans on live pigs and pork products from Lithuania, Poland,
Latvia, and Estonia, as well as the EU-wide import ban on live pigs and certain pork products, were
inconsistent with various provisions of the Agreement on the Application of Sanitary and
Phytosanitary Measures (SPS Agreement). The DSB has recommended that the Russian Federation
(Russia) brings the measures specified in the reports into conformity with its obligations under the
SPS Agreement.1
On 2 June 2017, Russia and the European Union (EU) informed the DSB that they had agreed 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 expired on 6 December
2017.2
On 25 October 2017 Russia issued the Decree of the Government of the Russian Federation
No. 1292, amending the annex to the Decree of the Government of the Russian Federation No. 778
of 7 August 2014. 3 On 5 December 2017, the F ederal Service for Veterinary and Phytosanitary
Surveillance (Rosselkhoznadzor) issued Directive No. FS-NV-7/26504.4
The EU is of the opinion that these measures, far from bringing the original measures into conformity
with Russia's WTO obligations, perpet uate the nullification and impairment of benefits accruing to
the EU directly or indirectly under the SPS Agreement, and are not justified by any other provisions
of the covered agreements, including, notably, Article XXI of the General Agreement on Tariff s and
Trade 1994 (GATT 1994).
On 25 January 2018, Russia requested consultations with the EU with regard to its alleged
compliance with the recommendations and rulings of the DSB. 5 On 2 February 2018 the EU also
requested consultations with Russia 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 GATT 1994,
and Article 11 of SPS Agreement, with regard to a disagreement as to the existence or consistency

1 Minutes of the Meeting held in the Centre William Rappard on 21 March 2017, WT/DSB/M/394.
2 Communication from the Russian Federation and the European Union concerning Article 21.3(b) of the
DSU, WT/DS475/15, 7 June 2017.
3 http://government.ru/docs/29853/.
4 http://fsvps.ru/fsvps/download/attachment/115007/26504.pdf, notified through G/SPS/N/RUS/146.
5 WT/DS475/19.

with the covered agreements of measures taken to comply with the recommendations and rulings
in Russia-Pigs (EU).6
The consultations took place in Geneva on 28 February 2018. Unfortunately, they failed to resolve
the dispute. Consequently, the EU requests the establishment of a panel under Article 21.5 of DSU.
The EU is concerned that the measures identified in this request for the establishment of a panel are
inconsistent with Russia's obligations under the WTO Agreement, as further detailed below:
The measures at issue
The measures at issue include the following:
- first, the Decree of the Government of the Russian Federation No. 1292 of 25 October 2017,
amending the annex to the Decree of the Government of the Russian Federation No. 778 of
7 August 2014;
- second, the Letter of 5 December 2017 from the Russian Federal Service for Veterinary and
Phytosanitary Surveillance (Rosselkhoznadzor) to the Directorate General for Health and
Food Safety (DG SANTE) of the European Commission (No. FS-NV-7/26502).
In light of the fact that the first measure at issue effectively replaces the measures at issue in the
original dispute, thereby effectively maintaining them in force and effect, in whole or in part, the
measures at issue in these compliance proceedings also include each an d all of the measures at
issue identified in the original panel request 7 or subject to the original proceedings, to the extent
that each of them is effectively maintained in force and effect by the first measure at issue, in whole
or in part. Only in order to avoid unnecessary repetition, the EU hereby formally incorporates by
reference in this panel request each and all of the measures identified in the original panel request
or reports, to the extent that they are effectively maintained in force and effect by the first measure
at issue.
The legal basis for the complaint and the reasons for the request
Each of the measures at issue, considered individually in isolation and in any combination, appears
to be inconsistent with Russia's obligations under the pr ovisions of the SPS Agreement and the
GATT 1994 detailed in the original panel request or reports. Only in order to avoid unnecessary
repetition, with respect to each and all of the measures at issue, the EU hereby formally incorporates
in this panel request each and all of the legal bases for the complaint set out in the original panel
request or reports, as well as the brief summaries sufficient to present the problem clearly. The EU
recalls that this includes the following provisions of the SPS Agreement : Articles 2.2; 3.1, 3.2 and
3.3; 5.1 and 5.2; 5.7; 6.1, 6.2 and 6.3; 5.3, 5.4 and 5.6; 2.3 and 5.5; Article 8 and Annex C.1(a),
(b) and (c); Article 7 and Annex B, paragraphs 1, 2, 5 and 6. The EU further recalls that this also
includes Article I:1, III:4 and XI:1 of GATT 1994.
Additional and further requests
As a matter that is separate and independent from the foregoing matters, the EU is concerned that
the first measure at issue appears to be inconsistent with:
• Article I:1 of GATT 1994, because Russia is not granting the products at issue
originating in the EU, immediately and unconditionally, the same advantages in
respect of their importation, as it does to like products originating in any other
country;
• Article III:4 of GATT 1994, because the measure s at issue accord less favourable
treatment to the imported products at issue than that accorded to like products

6 WT/DS475/20.
7 WT/DS475/2.

originating in Russia, with respect to laws, regulations and requirements affecting their
internal sale, offering for sale, purchase, transportation, distribution or use;
• Article XI:1 of GATT 1994, because the Russian measures constitute an import
prohibition or restriction other than duties, taxes or other charges.
The EU also considers that the measures at issue are inconsistent with Article X:1 of GATT 1994,
because they have not been published promptly in such a manner as to enable the EU and traders
to become acquainted with them.
The EU is also concerned that Russia's conduct in this case is inconsistent with Article 21(3) of DSU
because, notwithstanding Russia's statement of intentions in respect of implementation of the
recommendations and rulings of the DSB, it is clear that such implementation has not occurred, and
that Russia has not intended it to occur. Furthermore, Russia's conduct in this case would also appear
to be inconsistent with Article 21(3) of DSU because Russia has requested and obtained a reasonable
period of time in which to comply, but has in fact used that period in order to maintain and compound
the original violations. For the same reasons, the EU is concerned that Russia's conduct in this case
is inconsistent with Article 3(10) of DSU.
Finally, on the basis of the communication from Russia to the EU of 2 January 2018, especially its
final sentence, relating to the link between the DSU proceedings in DS475 and the first measure at
issue or measures of a comparable type, the EU is concerned that, taken as a whole, Russia's actions
and omissions are inconsistent with Russia's other obligations under the DSU. Specifically, the EU is
concerned that Russia's actions and omissions are inconsistent with Article 23(1) of DSU (failure to
have recourse to and abide by the rules and procedures of the DSU) and Article 23(2) of DSU
(unilateral determination of violation, nullification or impedance; and failure to follow the rules and
procedures in Articles 21 and 22 of DSU).

In light of the foregoing, it appears that, through its actions and omissions, Russia has failed to
comply with the recommendations and rulings adopted by the DSB in the original proceedings.
Russia's measures appear to adversely affect exports to Russia of the products at issue originating
in the EU and its Member States, and also appear to nullify or impair the benefits accruing to the EU
and its Member States directly or indirectly under the cited agreements.
This panel request relates to the measures at issue and to any amendments, supplements,
extensions, replacement measures, renewal measures, implementing measures and closely related
measures.