RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND PARTS THEREOF NOTIFICATION OF AN APPEAL BY UKRAINE UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU), AND UNDER RULE 20(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
Document: AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU), AND UNDER RULE 20(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
Date: 29 August 2018
Document codes: WT/DS499/6
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
NOTIFICATION OF AN APPEAL BY UKRAINE
UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES
AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU),
AND UNDER RULE 20(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
The following communication, dated 2 7 August 2018, from the Delegation of Ukraine, is being
circulated to Members.

Pursuant to Article 16.4 of the DSU Ukraine hereby notifies to t he Dispute Settlement Body its
decision to appeal to the Appellate Body certain issues of law covered in the Panel Report and
certain legal interpretations developed by the Panel in the dispute Russia – Measures Affecting the
Importation of Railway Equipment and Parts thereof (). Pursuant to Rule 20(1) of the
Working Procedures for Appellate Review, Ukraine simultaneously files this Notice of Appeal with
the Appellate Body Secretariat.
For the reasons to be further elaborated in its submissions t o the Appellate Body, Ukraine appeals,
and requests the Appellate Body to reverse the findings, conclusions and recommendations of the
Panel, with respect to the following errors contained in the Panel Report:1
a. the Panel failed to make an objective assess ment of the matter before it due to the
incorrectly applied standard and order of review , burden of proof partially allocated to
the parties, biased review of the arguments, 2 and therefore violated Article 11 of the
DSU which resulted in finding that there was no systematic prevention of Ukrainian
railway products from being imported into the Russian Federation. Thus, Ukraine
requests the Appellate Body to reverse the relevant Panel's findings in paragraphs 7.960,
7.965, 7.972, 7.974, 7.993, 7.994, 7.995 and 8.1 (e) of its Report;
b. the Panel failed to make an objective assessment of the matter before it due to burden
of proof partially allocated to the parties and the incorrect standard of review, 3 and
therefore violated Article 11 of the DSU which resulted in finding that Ukraine did not
establish that the situation in Ukraine was comparable in the meaning of Article 5.1.1 of
the TBT Agreement. Thus, Ukraine requests the Appellate Body to reverse the relevant
Panel's findings in paragraphs 7.393, 7.394 and 8.1. b(i), c(i) of its Report;
c. the Panel failed to make an objective assessment of the matter before it due to burden
of proof partially allocated to the parties and the incorrect standard of review ,4 and
therefore violated Article 11 of the DSU which resulted in finding that there were no less

1 Pursuant to Rule 20(2)(d)(iii) of the Working Procedures for Appellate Review, this Notice of Appeal
includes an indicative list of the paragraphs of the Panel Report containing the alleged errors, without prejudice
to the ability of Ukraine to refer to other paragraphs of the Panel Report in the context of its appeal.
2 See, for example, Panel Report, paras. 7.969-7.972, 7.974, 7.976.
3 See, for example, Panel Report, paras. 7.285, 7.336, 7.371-7.388, 7.393-7.394, 7.623-7.625, 7.628.
4 See, for example, Panel Report, paras. 7.450, 7.468, 7.470, 7.476, 7.482, 7.521-7.544, 7.653, 7.656,
7.671, 7.676, 7.704, 7.712, 7.718, 7.719, 7.721, 7.722, 7.226, 7.228, 7.742, 7.745, 7.760.

trade-restrictive alternatives available to the Russian Federation, in the meaning of
Article 5.1.2 of the TBT Agreement, instead of suspension of certificates and rejection to
issue new certificates. Thus, Ukraine requests the Appellate Body to reverse the relevant
Panel's findings in paragraphs 7.470, 7.476, 7.482, 7.537 and 8.1 (b)(ii), (c)(iii) of its
Report; and
d. the Panel erred in the interpretation and application of Article 5.1.1 of the TBT
Agreement when findin g that the situation in Ukraine was not comparable to that in
other countries;5 and thus Ukraine requests the Appellate Body to reverse the relevant
Panel's findings in paragraphs findings 7.387 and 8.1 (b)(i), (c)(i) of its Report.