RUSSIAN FEDERATION – MEASURES ON THE IMPORTATION OF LIVE PIGS, PORK AND OTHER PIG PRODUCTS FROM THE EUROPEAN UNION RECOURSE TO ARTICLE 22.2 OF THE DSU BY THE EUROPEAN UNION
Document: Appellate Body report
Date: 20 December 2017
Document codes: WT/DS475/17
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
RECOURSE TO ARTICLE 22.2 OF THE DSU BY THE EUROPEAN UNION
The following communication, dated 19 December 2017 , from the delegation of the European
Union to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 22.2 of
the DSU.

Pursuant to Article 22.2 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes ("DSU"), the European Union requests authorization from the Dispute Settlement Body
("DSB") to suspend concessions and other obligations with respect to the Russian Federation as a
result of the Russian Federation's failure to bring its measures into compliance wit h the
recommendations and rulings of the DSB in Russian Federation – Measures on the Importation of
Live Pigs, Pork and Other Pig Products from the European Union (DS475).
On 21 March 2017 the DSB adopted the Appellate Body report and the panel report, as modified
by the Appellate Body report, in Russian Federation – Measures on the Importation of Live Pigs,
Pork and Other Pig Products from the European Union finding certain measures to be inconsistent
with the Russian Federation's obligations under the Agreement on the Application of Sanitary and
Phytosanitary Measures ("SPS Agreement").1
Pursuant to Article 21.3(b) of the DSU, the Russian Federation and the European Union agreed
that the reasonable period of time ("RPT") for the Russian Federation to impl ement the DSB's
recommendations and rulings would expire on 6 December 2017. 2 In the view of the European
Union, the Russian Federation has failed to comply with the recommendations and rulings of the
DSB by the end of the RPT.
In the event of a failure to comply with the recommendations and rulings of the DSB within the
RPT, Article 22 of the DSU allows for compensation or the suspension of concessions or other
obligations.
In line with current practice, the European Union prop osed to the Russian Federation a sequencing
agreement whereby on the one hand, the European Union would request authorization to suspend
concessions or other obligations only after the DSB has ruled as a result of a proceeding under
Article 21.5 of the DSU that a measure taken to comply does not exist or is inconsistent with a
covered agreement, and on the other hand, the Russian Federation would not assert that the
European Union is precluded from obtaining such authorization because its request was made
outside the time period specified in the first sentence of Article 22.6 of the DSU. The Russian
Federation has not agreed to such a sequencing agreement.
Under Article 22.6 of the DSU, the DSB, upon request, shall grant authorization to suspend
concessions or other obligations, if no satisfactory compensation has been agreed. There is no
agreement on compensation in the present case.

1 WT/DS475/AB/R of 23 February 2017; WT/DS475/R of 19 August 2016.
2 WT/DS475/15.

In the light of the foregoing, and in line with the principles and procedures set out in Article 22.3
of the DSU, the European Union hereby requests authorization from the DSB to suspend
concessions and other obligations with respect to the goods sector in one or more of the following
agreements:
1. the General Agreement on Tariffs and Trade 1994;
2. the SPS Agreement; and
3. the Agreement on Agriculture.
As required by Article 22.4 of the DSU, the annual level of suspension proposed is equivalent to
the level of nullification or impairment of benefits accruing to the European Union from the Russian
Federation's failure to bring the me asures into compliance with the recommendations and rulings
of the DSB. On this basis, the European Union intends to suspend benefits at an annual level equal
to 1,39 billion eur (total value of the relevant exports in 2013) plus a yearly increase rate of 15%.
Pursuant to Article 22.6 of the DSU, if the Russian Federation objects to the level of suspension
proposed, the matter shall be referred to arbitration.