European Union and its Member States Ś Certain Measures Relating to the Energy Sector

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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(as cited in request for consultations)
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Complaint by the Russian Federation

On 30 April 2014, the Russian Federation requested consultations with the European Union and its member States regarding measures relating to the energy sector through the so-called “Third Energy Package” Directives, Regulations, implementing legislation and decisions.

The Russian Federation claims that the measures are inconsistent with the European Union's obligations under:

  • Articles II, VI, XVI and XVII of the GATS and their specific commitments under the GATS;
  • Articles I, III, X and XI of the GATT 1994;
  • Article 3 of the SCM Agreement;
  • Article 2 of the TRIMs Agreement; and
  • Article XVI:4 of the WTO Agreement.

On 11 May 2015, the Russian Federation requested the establishment of a panel. At its meeting on 19 June 2015, the DSB deferred the establishment of a panel.


Panel and Appellate Body proceedings

At its meeting on 20 July 2015, the DSB established a panel. Brazil, China, India, Japan, Ukraine and the United States reserved their third-party rights. Subsequently, Colombia, Korea and Saudi Arabia also reserved their third‑party rights.

On 22 February 2016, the Russian Federation requested the Director-General to compose the panel. On 7 March 2016, the Director-General composed the panel.

On 18 August 2016, the Chairperson of the panel informed the DSB that it expected to issue its final report to the parties in May 2017, in accordance with the timetable adopted after consultation with the parties.



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