RUSSIAN FEDERATION – MEASURES ON THE IMPORTATION OF LIVE PIGS, PORK AND OTHER PIG PRODUCTS FROM THE EUROPEAN UNION COMMUNICATION FROM THE RUSSIAN FEDERATION
Document: Appellate Body report
Date: 13 December 2017
Document codes: WT/DS475/16
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
COMMUNICATION FROM THE RUSSIAN FEDERATION
The following communication, dated 8 December 2017 , was received from the delegation of the
Russian Federation with the request that it be circulated to the Dispute Settlement Body (DSB).

On 21 March 2017 the Dispute Settlement Body ( "DSB") adopted the Appellate Body report and
the Panel report, as modified by the Appellate Body repor t, in the dispute Russian Federation —
Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union
(DS475).
We recall that the adjudicators recommended the Russian Federation to bring a number of
challenged measures in con formity with the provisions of the Agreement on Sanitary and
Phytosanitary Measures ("SPS Agreement").
Pursuant to Article 21.3(b) of the Dispute Settlement Understanding ( "DSU") the Russian
Federation and the European Union agreed on the reasonable period of time to implement the
DSB's recommendations and rulings in this dispute that expired on 6 December 2017.
Russia would like to inform the DSB that it has taken appropriate steps to comply with the DSB 's
recommendations and rulings in this dispute within the reasonable period of time agreed by the
parties. To this end, the Federal Service for Veterinary and Phytosanitary Surveillance
("Rosselkhoznadzor") issued Directive ( "the Letter") of 5 December 2017 No. FS -NV-7/26504 that
addresses all measures found to be inconsistent with the WTO obligations of the Russian
Federation in this dispute as set out below.
First, Russia resumes importation of live pigs, pork meat and raw meat preparations from the
entire territory of the EU and its Member States, excludi ng ASF affected territories. The list of ASF
affected territories is set out in the Annex to the Letter. Consequently, the Russian Federation has
brought the measures related to importation of products in question from the entire territory of the
EU (so called "EU-wide ban") into conformity with its WTO obligations.
Secondly, the Letter removes restrictions imposed in 2014 on the imports of the products at issue
from Estonia, Latvia, Lithuania and Poland found by the Panel to b e inconsistent with certain
WTO obligations, allowing such imports with the exclusion of a number of ASF affected
administrative territories set out in the Annex to the Letter.
Thirdly, the Russian Federation fully implemented DSB 's recommendations and rulings concerning
Article 6 of the SPS Agreement by adapting its SPS measures to the sanitary and phytosanitary
characteristics of the area of the exporting Members (the EU and its Member States). In particular,
as it was mentioned above, Rosselkhoznadzor has approved the list of ASF af fected administrative
territories. The territories of the EU Member States not listed in the Annex to the Letter are
recognized for the regionalization purposes as ASF-free areas. In case of evolution of the epidemic
situation within the EU Member States' territories, the list could be amended respectively.

Finally, with respect to the measures related to treated pork products from Estonia, Lithuania,
Latvia and Poland Russia brought them into compliance with its WTO obligations by allowing
importation of s uch products from the territories of the E U Member States affected by
ASF provided that the requirements of Chapter 15.1 of the OIE Code are fully complied with. These
requirements are specified in the Annex to the Letter.
In addition, for transparency pur poses, Russia has informed the EU and other WTO Members on
the steps taken to comply with DSB 's recommendations and rulings through the WTO SPS
Notification Submission System. The Letter was delivered to the EU's competent authority.
Therefore, by having taken the above mentioned steps Russia fully implemented the DSB 's rulings
and recommendations in this dispute, as required by Article 19.1 of the DSU.