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This summary has been prepared by the Secretariat under its own responsibility.
The summary is for general information only and is not intended to affect the rights and obligations of Members. The summary below was up-to-date at. On 21 October , Ukraine requested consultations with the Russian Federation concerning certain measures imposed by the Russian Federation on the importation of railway equipment and parts thereof. On 10 November , Ukraine requested the establishment of a panel.
At its meeting on 16 December , the DSB established a panel. Following agreement of the parties, the panel was composed on 2 March On 18 July , the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties in April , in accordance with the timetable adopted after consultation with the parties.
On 24 April , the Chair of the panel informed the DSB that, due to the complex procedural and factual nature of the dispute, and after consultations with the parties, the panel expected to issue its final report to the parties in May In its communication, the Chair also informed the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation.
On 30 July , the panel report was circulated to Members.
More specifically, Ukraine challenged three categories of measures. Because of this requirement, Ukrainian suppliers in possession of valid certificates of conformity issued in Belarus or Kazakhstan for railway products produced in Ukraine were not allowed by Russia to export their products to Russia using the certificates issued in those other CU countries.
The final measure is the alleged systematic prevention of imports of Ukrainian railway products into Russia by way of a suspending valid certificates of conformity held by suppliers of Ukrainian railway products, b rejecting applications for new certificates submitted by suppliers of Ukrainian railway products, and c not recognizing the validity in Russia of certificates issued by other CU countries if the certificates covered products not produced in a CU country.
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The alleged requirement that the Panel found to be outside its terms of reference is that Russian authorities would only recognize as valid in Russia CU certificates of conformity issued to applicants registered in the same place where the certification body to which the application was submitted is located. On 27 August , Ukraine notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report.
On 24 October , upon expiry of the day period provided for in Article The Appellate Body referred to the size of the panel record and the complexity of issued that had been appealed.
The Appellate Body also noted the backlog of appeals pending with the Appellate Body at present, and the overlap in the composition of all divisions resulting in part from the reduced number of Appellate Body members.
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In its communication the Appellate Body indicated that Division members could currently spend only very little time preparing for this appeal and that it would not be possible for the Division to focus on the consideration of this appeal and be fully staffed for some time. The Appellate Body informed the DSB that the Appellate Body would communicate appropriately with participants and DSB Members as soon as it knew more precisely when the Division can schedule the hearing in this appeal.
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Problems viewing this page? If so, please contact webmaster wto. See also:. Summary of key findings.
Regarding the suspension instructions, the panel found that: Ukraine did not establish that, contrary to Article 5. The Panel reached this conclusion based on its determination that due to the risks to the life and health of Russian inspectors arising from the security situation in Ukraine, the situation in Ukraine was not comparable to that in other exporting countries and that Russia was therefore justified in not sending its inspectors there to carry out inspections; Ukraine did not establish that, contrary to Article 5.
More specifically, the Panel concluded that to obtain adequate confidence that the Ukrainian railway products whose certificates had been suspended conformed with the relevant substantive technical requirements, Russian inspectors had to inspect the relevant facilities and products in Ukraine.
However, due to the security situation in Ukraine, Russian inspectors were justified in not conducting the required inspections. However, Ukraine did not establish that this was also the case for the other suspension instruction at issue, as that instruction provided information on the reasons for the failure to conduct the relevant inspections of the products at issue at the facilities of the relevant Ukrainian supplier.
Regarding the rejection decisions, the Panel found that: Ukraine did not establish that, contrary to Article 5.
However, due to the security situation in Ukraine, Russian inspectors were justified in not conducting the required tests there. More specifically, the Panel found that this rejection decision was outside the scope of the third obligation in Article 5. Regarding the non-recognition requirement, the Panel found that: Ukraine did not establish that the non-recognition requirement falls within the scope of Article 2.
More specifically, the Panel found that Russian authorities did not recognize the validity in Russia of certificates of conformity issued for Ukrainian railway products by certification bodies in other CU countries, whereas it did recognize the validity of certificates of conformity issued by CU certification bodies for like railway products produced in other CU countries; and Ukraine established that, contrary to Article III:4 of the GATT , through the non-recognition requirement Russia discriminated between Ukrainian railway products and like domestic railway products.
More specifically, the Panel found that Russian authorities did not recognize the validity in Russia of certificates of conformity issued for Ukrainian railway products by certification bodies in other CU countries while recognizing the validity of certificates of conformity issued by CU certification bodies for like railway products produced in Russia.
Agreements cited: as cited in request for consultations. Request for Consultations received:.
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Panel Report circulated:.