RUSSIAN FEDERATION – MEASURES ON THE IMPORTATION OF LIVE PIGS, PORK AND OTHER PIG PRODUCTS FROM THE EUROPEAN UNION NOTIFICATION OF AN OTHER APPEAL BY THE EUROPEAN UNION UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU), AND UNDER RULE 23(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
Document: AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU), AND UNDER RULE 23(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
Date: 30 September 2016
Document codes: WT/DS475/9
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
NOTIFICATION OF AN OTHER APPEAL BY THE EUROPEAN UNION
UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES
AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU),
AND UNDER RULE 23(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
 The following communication, dated 28 September 2016 , from the Delegation of the
European Union, is being circulated to Members.

Pursuant to Article 16.4 of the DSU the European Union hereby notifies to the 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 Russian Federation –
Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union
(WT/DS475). Pursuant to Rule 23(1) of the Working Procedures for Appellate Review , the
European Union simultaneously files this N otice of Other Appeal and the Other Appellant
Submission with the Appellate Body Secretariat.

For the reasons to be further elaborated in its submissions to the Appellate Body, the
European Union appeals, and requests the Appellate Body to reverse the fin dings, conclusions and
recommendations of the Panel, with respect to the following errors contained in the Panel Report:1

(a) the Panel erred in the interpretation and application of the first sentence of Article 6.2 of the
SPS Agreement when finding that Russia recognizes t he concepts of pest - or disease-free
areas and areas of low pest or disease prevalence in respec t of ASF, and therefore, the
EU-wide ban is not inconsistent with Russia's obligatio ns under Article 6.2 of the
SPS Agreement. As a result, the European Union requests the Appellate Body to reverse the
Panel's findings in paragraphs 7.373, 7.379, 7.485 and 8.1(d )(iii) of its report , which are
based on its legally erroneous reasoning in paragraphs 7.366 -7.379, and to complete the
analysis;
(b) the Panel erred in the interpretation and application of the first sentence of Article 6.2 of the
SPS Agreement when finding that Russia recognizes the concepts of pest - or disease-free
areas and areas of low pest or disease prevalence in respect of ASF, a nd therefore, the bans
on the imports of the products at issue from Estonia, Latvia, Lithuania, and Poland are not
inconsistent with Russia's obligations under Article 6.2 of the SPS Agreement . As a result,
the European Union requests the Appellate Body to reverse the Panel's findings in
paragraphs 7.925, 7.1029 and 8.1(e)(vi) of its report, which are based on its legally
erroneous reasoning in paragraphs 7.924- 7.925, and to complete the analysis.
Appeal includes an indicative list of the paragraphs of the Panel Report containing the alleged errors, without
prejudice to the ability of the European Union to refer to other paragraphs of the Panel Report in the context of
its other appeal.