RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND PARTS THEREOF COMMUNICATION FROM UKRAINE
Document: Appellate Body Report
Date: 26 March 2020
Document codes: WT/DS499/12
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 UKRAINE
The following communication, dated 23 March 2020, was received from the delegation of Ukraine
with the request that it be circulated to the Dispute Settlement Body (DSB).

Please find the communication of Ukraine concerning the Russian Federation 's letter as of
19 March 2020 with regard to 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 Parts thereof " (DS499). Ukraine respectfully requests you to circulate this
communication to the Members.

On 5 March 2020, the DSB adopted the Appellate Body Report ( and
) and the Panel Report ( and ) in the case
DS499 "Russia – Measures Affecting the Importation of Railway Equipment and Parts Thereof "
(DS499), therefore during the DSB meeting on 30 March 2020 the Russian Federation should have
to inform the DSB of its intentions in respect of implementation of the DSB 's rulings and
recommendations.

In view of these circumstances and taking into account the above-mentioned communication of the
Russian Federation that it has taken appropriate steps to bring its measures fully into conformity
with its WTO obligations and compiled promptly with the DSB's recommendations and rulings in the
DS499, Ukraine would like to clarify the following issues.

As an initial matter Ukraine states that it took note of the information, provided by the
Russian Federation in its communication and appreciates the willingness to bring the measures into
conformity with its WTO obligations.

At the same time, in its communication the Russian Federation just states in general terms and
without reflecting in substance that there are requirements to be satisfied and procedure to be
followed in ord er to obtain the necessary certificates, including those related to safety of the
employees of the certification body.

In order to ensure clarity and transparency of compliance with the DSB 's rulings and
recommendations in DS499 Ukraine respectfully asks to request the Russian Federation to elaborate
in details the requirements that producers have to comply with in order to obtain the certificates of
conformity, in particular, those related to safety of the employees of the certification body.

Furthermore, Ukraine also considers that the Russian Federation should provide the DSB and Ukraine
with all the documents mentioned in the communication of 19 March 2020, specifically: the letter of
the Ministry of Transport of the Russian Federatio n as of 21 August 2018 No. AL-26/12072; the
letters of the Federal Railway Transport Administration as of 12 February 220 No. VCH -35/979-is,
of 12 February 2020 No. VCH- 30/980-is and of 8 August 2018 No. VCH-35/5424-is; as well as the
letters of the Feder al Budgetary Organization "Register of Certification on the Federal Railway
Transport".

Ukraine believes that the issue of the implementation of the DSB 's rulings and recommendations
could be considered only after reviewing and analysing the requested information.