DISPUTE SETTLEMENT

DS: Russia — Measures Concerning Traffic in Transit

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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Current status

 

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Key facts

Short title:
Complainant:
Respondent:
Third Parties:
Agreements cited:
(as cited in request for consultations)
Request for Consultations received:

  

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Latest document

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Ukraine

On 14 September 2016, Ukraine requested consultations with the Russian Federation regarding alleged multiple restrictions on traffic in transit from Ukraine through the Russian Federation to third countries.

Ukraine claimed that the measures appear to be inconsistent with:

  • Articles V:2, V:3, V:4, V:5, X:1, X:2, X:3(a), XI:1, XVI:4 of the GATT 1994; and
     
  • Paragraph 2 of Part I of the Russian Federation's Accession Protocol (to the extent that it incorporates paragraphs 1161, 1426 (first sentence), 1427 (first and third sentences) and 1428 of the Report of the Working Party on the Accession of the Russian Federation).

On 29 September 2016, the European Union requested to join the consultations.

 

Panel and Appellate Body proceedings

On 9 February 2017, Ukraine requested the establishment of a panel. At its meeting on 20 February 2017, the DSB deferred the establishment of a panel.

At its meeting on 21 March 2017, the DSB established a panel. Australia, Bolivia, Brazil, Canada, Chile, China, the European Union, India, Japan, Korea, Moldova, Norway, Paraguay, Saudi Arabia, Singapore, Turkey and the United States reserved their third-party rights.

On 22 May 2017, Ukraine requested the Director-General to compose the panel. On 6 June 2017, the Director-General composed the panel.

On 17 November 2017, the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties by the end of 2018, in accordance with the timetable adopted after consultation with the parties. In its communication, the Chair also informed the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation.

On 28 September 2018, the Chair of the panel informed the DSB that, in the light of the complexity of the legal and factual issues in this dispute, the panel expected to issue its final report to the parties in the first quarter of 2019. In its communication, the Chair reminded the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation.

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