The Implementation of the WTO DSB Report in DS475 Russian Federation – Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union
The Russian Federation does not concur with a range of conclusions made by the Panel and the Appellate Body in the dispute raised within the WTO Russian Federation – Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union (DS 475), in particular with the conclusions regarding the lack of justification of the suspension of import of the relevant products from the territory of Estonia, Latvia, Lithuania and Poland. We believe that the panelists guided by procedural formalities overlooked the key factor of continuing spread of the African Swine Fever (ASF) within the territory of the EU and, consequently, did not make a necessary analysis of the practical effectiveness of the instruments of the EU for containing of the disease, simply taking EU’s word for it. However, these conclusions are refuted by the real situation on the ground – the continuation of the ASF outbreaks within the territories of the said EU Member States as well as by the new recorded outbreaks within the territories of other EU Member States.
The competent authorities of the Russian Federation have implemented the relevant conclusions of the DSB in full, in good faith and within the reasonable period of time for implementation notified to the DSB. They will continue to monitor the ASF situation within the EU along with the assessment of risks of further spread of the ASF within the EU. We expect our EU colleagues to fully cooperate with Rosselkhoznadzor without impeding our access to necessary data and conduct of inspections and checks for the purpose of collection of such data. The decisions taken will not lower the level of veterinary protection of the Russian Federation.
We also recall that in accordance with the Decree of the President of the Russian Federation of 6 August 2014 No 560 and the Resolutions of the Government of the Russian Federation of 7 August 2014 No778 imports of live pigs (except for purebred pedigree animals) and pig products originating from the States that adopted a decision to apply economic sanctions in respect of natural and/or legal persons of the Russian Federation, in particular the EU and its Member States, continue to be prohibited.