Russian
Federation – measures on the importation of live pigs, pork and other pig
products from the european union
AB-2016-5
Report
of the Appellate Body
Table
of Contents
1 Introduction.. 9
2 Arguments
of the Participants. 13
3 Arguments
of the third participants. 13
4 Issues
raised in this appeal. 14
5 analysis
of the appellate body. 14
5.1 The measures at issue. 14
5.1.1 The EU-wide ban. 14
5.1.2 The country-specific import bans. 15
5.2 Russia's claims relating to the
attribution of the EU-wide ban. 16
5.2.1 The Panel's findings. 16
5.2.2 Whether the Panel erred in attributing the
EU-wide ban to Russia. 18
5.2.2.1 Conclusion on Russia's claim regarding the
attribution of the EU-wide ban to Russia. 20
5.2.3 Whether the Panel erred in finding that
Russia's terms of accession to the WTO did not limit the Panel's assessment of
the European Union's claims regarding the EU‑wide ban. 21
5.2.3.1 Conclusion on Russia's claim regarding
Russia's terms of accession to the WTO. 24
5.3 Claims under Article 6 of the
SPS Agreement 24
5.3.1 Russia's claims under Article 6.3 of
the SPS Agreement 26
5.3.1.1 The Panel's findings. 26
5.3.1.2 Interpretation of Article 6.3 of the
SPS Agreement 29
5.3.1.3 Whether the Panel erred in not finding that
Article 6.3 requires consideration of the evidence relied upon by the importing
Member 33
5.3.1.4 Whether the Panel erred in not finding that
Article 6.3 contemplates a period of time for the importing Member to evaluate
and verify the evidence provided by the exporting Member 36
5.3.1.5 Conclusions on Russia's claims under
Article 6.3 of the SPS Agreement 39
5.3.2 Russia's claim regarding the relationship
between Article 6.1 and Article 6.3 of the SPS Agreement 40
5.3.2.1 The Panel's findings. 40
5.3.2.2 Whether the Panel erred in finding that Russia
had failed to ensure adaptation of its ban on imports of the products at issue
from Latvia to regional SPS characteristics. 42
5.3.2.3 Conclusion on Russia's claim regarding the
relationship between Article 6.1 and Article 6.3 of the SPS Agreement 46
5.3.3 The European Union's claim under
Article 6.2 of the SPS Agreement 46
5.3.3.1 The Panel's findings. 47
5.3.3.2 Interpretation of Article 6.2 of the
SPS Agreement 48
5.3.3.3 Whether the Panel erred in finding that Russia
recognizes the concepts of pest‑ or disease-free areas and areas of low
pest or disease prevalence in respect of ASF. 51
5.3.3.4 Conclusion on the European Union's claim under
Article 6.2 of the SPS Agreement 56
6 Findings
and conclusions. 57
6.1 Claims relating to the attribution of
the EU-wide ban. 57
6.2 Claims relating to Article 6 of the SPS
Agreement 57
6.3 Recommendation. 59