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Russia – Measures Affecting the Importation of Railway Equipment and Parts Thereof, DS499

Published online by Cambridge University Press:  08 June 2020

Marcus Sohlberg
Marcus Sohlberg*
Affiliation:
Counsel, White & Case LLP, Geneva, Switzerland, but written in their personal capacity
*
Email: marcus.sohlberg@whitecase.com
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Extract

The dispute concerns a challenge by Ukraine of certain measures imposed by Russia concerning conformity assessment procedures for railway products, produced in Ukraine and exported to Russia. Ukraine alleged that the Russian measures prevented imports from Ukraine into Russia. For example, Russia was accused of suspending Ukrainian suppliers’ certificates of conformity, as well as refusing to process new certificate applications, due to alleged impossibility of carrying out required annual on-site inspections in Ukraine due to security concerns. These measures were subject to challenge by Ukraine under the WTO Agreement on Technical Barriers to Trade (TBT Agreement), which applies to WTO Members’ technical regulations and related conformity assessment procedures. Two of the Appellate Body's most noteworthy findings reversing the Panel are addressed below.

Type
Case Summaries
Information
World Trade Review , Volume 19 , Issue 3 , July 2020 , pp. 476 - 478
Copyright
Copyright © The Author(s), 2020. Published by Cambridge University Press

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References

1 Panel Report, Russia–Railway Equipment, paras. 7.380, 7.387.

2 Ibid. paras. 5.139, 5.140.

3 Ibid. para. 5.151.

4 Panel Report, Russia–Railway Equipment, para. 7.544.

5 Ibid. paras. 5. 186, 5.188.

6 Ibid. para. 5.189.

7 Ibid. paras. 5.200–5.201.

8 Ibid. para. 5.195.

9 Ibid. para. 5.205.