RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND PARTS THEREOF COMMUNICATION FROM THE RUSSIAN FEDERATION
Document: COMMUNICATION FROM
Date: 25 March 2020
Document codes: WT/DS499/11
Complainant: Ukraine
Respondent: Russia
Third parties: Canada, China, EU, India, Indonesia, Japan, Singapore, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 5.1.1, 5.1.2, 5.2.2, 5.2.3, 2.1  Technical Barriers to Trade (TBT)Art. I:1, III:4, X:3(a), XI:1, XIII:1  GATT 1994

RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND
PARTS THEREOF
COMMUNICATION FROM THE RUSSIAN FEDERATION
The following communication, dated 19 March 2020, was received from the delegation of Russia with
the request that it be circulated to the Dispute Settlement Body (DSB).

Please find the communication of the Russian Federation concerning the implementation of
recommendations and rulings of the Dispute Settlement Body ("DSB") in the dispute
Russian Federation — Measures Affecting the Importation of Railway Equipment and Part s
thereof (DS499). The Russian Federation respectfully requests you to circulate this communication
to the Members.

Russia provides a copy of the above directly to Ukraine.

Furthermore, Russia kindly asks the DSB to take into account the Director-General`s announcement
of 14 March 2020 on the developments related to the COVID-19 virus and further suspension of all
meetings at the WTO until the end of April 2020, including the regular DSB meeting scheduled for
30 March 2020 during which Russia had to infor m the DSB of its intentions in respect of
implementation in DS499 pursuant to Article 21.3 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes ("DSU"). Therefore, Russia respectfully asks the DSB to accept
the following communication as Russia`s compliance with its obligations under Article 21.3 of the
DSU in these special circumstances.

Russia expects that the DSB and the Members, including Ukraine, would not oppose this approach
and the relevant Russia's efforts to comply in view of this extraordinary situation.

On 5 March 2020 the DSB adopted the Appellate Body report and the Panel report, as modified by
the Appellate Body report, in the dispute Russian Federation — Measures Affecting the Importation
of Railway Equipment and Parts thereof (DS499).

Russia would l ike to inform the DSB that it has immediately taken appropriate steps to bring its
measures fully into conformity with its WTO obligations, and to comply promptly with the DSB 's
recommendations and rulings in this dispute in accordance with Article 21.1 an d 21.3 of the DSU.
Russia has taken appropriate steps to bring the measures found to be inconsistent with the
WTO obligations into conformity, as required by Article 19.1 of the DSU.

First, with respect to the so -called "non-recognition of the certificates issued in CU countries other
than the Russian Federation", found to be inconsistent with Articles I:1 and III:4 of the
General Agreement on Tariffs and Trade 1994, the Ministry of Transport of the Russian Federation
(MOT) terminated its Protocol No. АC-3 of 20 January 2015 regarding issuance by the certification
authority of the CU of the certificates of conformity for products manufactured by third -countries
(refer to the Letter of MOT as of 21 August 2018 № АL-26/12072).The Letters of the Federal Railway
Transport Administration as of 4 February 2016 № VCH -35/4779-is, as of 28 January 2015
№ VCH-30/410-is and as of 10 August 2016 № UIP-4/2232-ic, challenged by Ukraine, were revoked
(refer to the Letters of the Federal Railway Transport Administration as of 12 February 2020
№ VCH-35/979-is, as of 12 February 2020 № VCH -30/980-is and as of 8 August 2018
№ VCH-35/5424-is, respectively). The relevant Russian legislation does not contain any
requirements related to recognition or non-recognition of certificates issued by the competent bodies
of Eurasian Economic Union countries other than the Russian Federation.

Second, with respect to the decision rejecting the applications for new certificates found to be
inconsistent with Articles 5.1.2 Agreement on Tech nical Barriers to Trade ("TBT Agreement"),
decisions rejecting the applications for new certificates and instructions suspending the certificates,
found to be inconsistent with Article 5.2.2 of the TBT Agreement, the Russian certification authority
(the Federal Budgetary Organization "Register of Certification on the Federal Railway Transport")
has informed Ukrainian producers and applicants for certification on particular requirements to be
satisfied and the procedure to be followed in order to obtain the necessary certificates, in particular:

PJSC "Kremenchuk Steel Works" was informed by the letter as of 4 March 2020 №03495,
PJSC "Dneprovagonmash" - by the letter as of 4 March 2020 № 03496, PJSC "Poltavhimmash" - by
the letter as of 4 March 2020 № 03498, PJSC "Kryukov railway car building works" - by the letter as
of 4 March 2020 № 03499 and finally, PJSC "Dnipropetrovsky Strilotchny Zavod"- by the letter as of
4 March 2020 № 03500.

The applicants for certification LLP "Trade house Dneprovagonmash" and LL P "TTK -Trans" were
informed by letters as of 4 March 2020 № 03497 and № 03501 respectively.

In accordance with the abovementioned letters, the producers may obtain the certificate of
conformity if they comply with the requirements of the relevant technic al regulations. In order to
launch the certification process, an applicant shall submit an application for certification and conclude
a contract with the certification body. The abovementioned letters inform on different schemes of
relevant conformity asse ssment procedures, some of them do not require on -site inspection of
production and inspection control of certified products. Meanwhile, the inspection of products that
requires visiting the territory of Ukraine may take place only subject to the safety of the employees
of the certification body.

Therefore, by having taken the abovementioned actions Russia fully implemented the DSB's rulings
and recommendations in this dispute, as required by Article 19.1 of the DSU.