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On July 30, the World Trade Organization released the report of the Group of Experts on Ukraine against the Russian Federation regarding the import of railway equipment. Kiev's positions were partially satisfied.
"On July 30, the website of the World Trade Organization released the report of the Group of Experts on the case of Ukraine against the Russian Federation DS 499" Russian Federation – The July 30, the press service of the Ministry of Economic Development and Trade Ukrainian measures of import of railway rolling stock, switching equipment and other railway equipment, "the statement said.
It is noted that the Group of Experts has confirmed the violation by Russia of certain provisions of the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade [19659002] "This is the first request that Ukraine addresses to the World Trade Organization to deal with Russia's trade aggression, especially its non-transparent, unjustified and unjustified actions. discriminatory. with regard to goods of Ukrainian origin ", – noted Natalia Mykolska, Deputy Minister of Economic Development – Trade Representative of Ukraine
The position of Ukraine was to prove:
– an unjustified restriction on imports of railway material violating Russia's false and unsubstantiated allegations of inadequacy and non-compliance with Ukrainian manufacturers' safety standards
– the systematic nature of the restrictions imposed to imports of railways by Russia material imported from Ukraine
– Incompatibility and contempt of Russia's objections to the procedural arguments in the case.
The panel of experts agreed with Ukraine that by issuing 14 suspension orders Russia has applied the procedure of assessment of conformity so that the conditions of access to the market of the manufacturers ferrov Ukrainian, Russian and European interests were not uniform and discriminatory for Ukraine.
The Group of Experts also confirmed that Russia had failed to fulfill its obligations (in accordance with Article III: 4 of the GATT 1994 (national regime) concerning non-recognition of certificates issued to producers Ukrainian in other countries of the Customs Union, which, in turn, creates benefits for domestic producers .003] In addition, the Group of Experts acknowledged that Russia had missed to its obligations under Article I: 1 of the GATT 1994 (General Emergency Mechanism) Ukraine has proved that Russia does not illegally recognize the certificates issued in the United States. other countries of the Customs Union if it does not produce them in the customs union.
The Group of Experts has not confirmed the existence of any systematic restriction of imports from Russia for a certain period (April 2014 – December 2016), the situation in Security guard in Ukraine was not comparable to that of other countries. In other words, Russia has not exercised control because of the presence on the Ukrainian territory of "anti-Russian sentiments and security threats against Russian citizens", which is the result of hostilities that Russia has triggered
. the results of the Panel's examination of the question of the systematic restriction of imports, of the potential counter-position of Russia in the event of appeal to its conclusions and recommendations of the Panel of Experts . In addition, at the inter-ministerial level, the issue of the possibility of an appeal against Ukraine for unsatisfied claims is being examined.
in 2014, Ukrainian manufacturers of railway products have received certificates of compliance by the competent authorities of the Russian Federation. These certificates allowed them to export their rail products to Russia and sell them to the Russian market.
Since 2014, without sufficient justification, the Russian certification authorities have started to massively suspend the validity of the certificates of conformity previously issued to Ukrainian producers. The issuance of new certificates has also been limited. In addition, Russia refused to recognize the certificates issued by Ukrainian companies to the authorized bodies of the Republic of Belarus and Kazakhstan.
As a result, on October 21, 2015, the Ministry of Economic Development initiated dispute settlement proceedings in the framework of the World Trade Organization.
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