DISPUTE SETTLEMENT: DISPUTE DS463

Russian Federation — Recycling Fee on Motor Vehicles


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Complainant:
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Agreements cited:
(as cited in request for consultations)
Request for Consultations received:

  

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Consultations

Complaint by Japan. (See also DS462)

On 24 July 2013, Japan requested consultations with the Russian Federation regarding Russia's measures relating to a charge, the so‑called “recycling fee”, imposed on motor vehicles.

The legal instruments cited by Japan include:

  • Federal Law No. 128-FZ of 28 July 2012, on production and consumption wastes, and Article 51 of the Budget Code of the Russian Federation;
     
  • Government Decree No. 870 of 30 August 2012 on recycling fee for wheeled transport vehicles;
     
  • Joint Order of the Ministry of Internal Affairs No. 496, the Ministry of Economic Development and Trade No. 134 and the Ministry of Industry and Energy No. 192, on vehicle registration passports and chassis registration passports (23 June 2005), as amended by Joint Order of the Ministry of Internal Affairs No. 828, the Ministry of Industry and Trade No. 1227 and the Federal Customs Service No. 1744 (30 August 2012); and,
     
  • Resolution of the Government of the Russian Federation No. 520 of 20 June 2013 on, inter alia, rules for granting subsidies from the federal budget to organizations and individual entrepreneurs to reimburse expenses related to their handling of wastes resulting from the loss of consumer good characteristics of wheeled means of transport for which the recycling fee was paid (1 July 2013).

According to Japan, the Russian Federation imposes the recycling fee on imported and domestic motor vehicles. Russia, however, exempts from the fee vehicles that are manufactured by companies: (a) that are registered in Russia; (b) that have committed to produce their vehicles in Russia involving certain specific manufacturing operations in the territory of Russia, Belarus or Kazakhstan.

Japan also argues that the recycling fee treats imported vehicles less favourably than domestic vehicles, because the fee differentiates between “new vehicles” and “vehicles produced more than 3 years ago”.

Japan claims that the measures appear to be inconsistent with:

  • Articles I:1, II:1(a), II:1(b), III:2 and III:4 of the GATT 1994;
     
  • Article 2.1 and 2.2 of the TRIMs Agreement; and
     
  • Article 2.1 and 2.2 of the TBT Agreement.

On 26 July 2013, Turkey and the United States requested to join the consultations. On 29 July 2013, the European Union and Ukraine requested to join the consultations.  On 31 July 2013, China requested to join the consultations.  Subsequently, the Russian Federation notified the DSB that it had accepted the requests of China, the European Union, Turkey, Ukraine and the United States to join the consultations.

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