MOLDOVA – MEASURES AFFECTING THE IMPORTATION AND INTERNAL SALE OF GOODS (ENVIRONMENTAL CHARGE)
Document: Request for the Establishment of a Panel by Ukraine
Date: 13 May 2011
Document codes: WT/DS421/4
Complainant: Ukraine
Respondent: Moldova
Third parties: Argentina, China, EU, Saudi Arabia, U.S.
Dispute stage: Panel
Agreements cited: Art. III:1, III:2, III:4  GATT 1994

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 circulated pursuant to Article 6.2 of the DSU.

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 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, transportation, distribution or use.

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, pursuant 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.