DS: Moldova — Measures Affecting the Importation and Internal Sale of Goods (Environmental Charge)

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.


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Summary of the dispute to date

The summary below was up-to-date at


Complaint by Ukraine

On 17 February 2011, Ukraine requested consultations with Moldova regarding the latter's law “On Charge for Contamination of Environment” of 25 February 1998 which imposes two types of charges on imported products only: (i) a charge on imported products, the use of which contaminates the environment, at 0.5-5 per cent of the customs value of imported products; and (ii) a charge on plastic or “tetra-pack” packages that contain products (except for dairy produce) at MDL 0.80‑3.00 per package.  Ukraine alleges that like domestic products are not subject to the first type of charge, while packages containing domestically produced like products are not subject to the second type of charge.  Ukraine alleges that Moldova is in violation of Article III:I, III:2 and III:4 of the GATT 1994.

On 3 March 2011, the European Union requested to join the consultations. Subsequently, Moldova informed the DSB that it had accepted the request of the European Union to join the consultations.

On 12 May 2011, Ukraine requested the establishment of a panel.  At its meeting on 24 May 2011, the DSB deferred the establishment of a panel.


Panel and Appellate Body proceedings

At its meeting on 17 June 2011, the DSB established a panel.  Argentina, China and the European Union reserved their third party rights.


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