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COA Meeting start date 09/03/2016
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According to Russian Federation's' Presidential Decree No.1 and Government Resolution No.1 of 1 January 2016, from this date all international transit of cargo by automotive and railway transportation from the territory of Ukraine to Kazakhstan can only be carried out via two check points at the Russian-Belarusian state border.

The requirement to use specific transit checkpoints via Belarus lengthens the shipping distance, adding burdensome requirements that result in days of time delays and additional transit and permitting costs. These border measures negatively affect all trade, but particularly adversely affect trade in perishable agricultural goods. Additionally, Ukraine notes that the significant delays caused by the need to find alternative transit routes is having a negative effect upon trade flows throughout Central Asia, and beyond to China.

These measures are seriously disrupting not only bilateral trade but international trade as whole.

Ukraine kindly requests the Russian Federation:

a. to explain the policy rationale for these restrictive measures that are being applied to agricultural goods;

b. to provide WTO Members with all operational details, including subsidiary legislation or enforcement orders for customs authorities regarding its implementation;

c. to confirm whether any similar trade restrictions on transit are being applied to agricultural goods of any other WTO Member. If so, please provide details;

d. to confirm how Russian authorities enforce these measures, and in particular if the country of origin of an agricultural good is the basis for applying the measure?;

e. to explain why the additional transit time and expense for agricultural product trade is considered necessary?;

f. to explain how the measures are not “similar border measures other than ordinary customs duties” limiting market access under the meaning of footnote 1 of Article 4, paragraph 2 of the Agreement on Agriculture?
Answer
Answer Full Text
The Presidental Decree No.1 and Government Resolution No.1 of 1 January 2016 on the measures to support economical security and national interests of the Russian Federation in providing the international transit haulage from the territory of Ukraine to the territory of Kazakhstan set out the checkpoints for transit of all freights without the distinction of agricultural goods.
here is no specific trade restrictions on transit of agricultural goods provisioned by the Presidential Decree and the Governmental Resolution.
The trade regime that the Russian Federation is applying to Ukraine starting from 1 January 2016 is based on the WTO rules and, in essence, does not differ from the regime applied by Russia in its trade relations with other major partners, for example the European Union.
Follow-up comments
The European Union noted that this item was discussed at the General Council on 24 February and its opinion on this issue remained the same as expressed at that meeting. The United States appreciated the Russian Federation's response to this question and stated that this issue was relevant to this Committee.
AGCD To Complete
Keywords
Collapse Market accessMarket access
Collapse Tariff and other quotasTariff and other quotas
Transparency issues
Tariff quota fill
Product/tariff line coverage
Country-specific allocation
Allocation of licences to importing entities
Period of importation and licence validity
Other administration arrangements
ST Annex 5
Autonomous tariff quota access
Other
Collapse SSGSSG
Transparency issues
Trigger calculations
Perishable and seasonal products
Other implementation issues
Link with TRQ commitments
Other
Collapse Other import policiesOther import policies
Scheduled tariff commitments including tariff renegotiations
Import licensing
Import prohibitions and restrictions (including quantitative restrictions)
Minimum import/reference prices
State trading enterprises
SPS and TBT
Other
Collapse Domestic supportDomestic support
Collapse Transparency issues (including Table DS:2)Transparency issues (including Table DS:2)
Transparency issues (including Table DS:2)
Collapse Annex 2 (Green Box)Annex 2 (Green Box)
General services: research
General services: pest and disease control
General services: training services
General services: extension and advisory services
General services: inspection services
General services: marketing and promotion services
General services: infrastructural services
General services: other
Public stockholding for food security purposes
Domestic food aid
Direct payments: decoupled income support
Direct payments: income insurance and income safety-net programmes
Direct payments: payments for relief from natural disasters
Direct payments: structural adjustment assistance provided through producer retirement programmes
Direct payments: structural adjustment assistance provided through resource retirement programmes
Direct payments: structural adjustment assistance provided through investment aids
Direct payments: payments under environmental programmes
Direct payments: payments under regional assistance programmes
Direct payments: other
Other
Collapse Article 6.2 (Special and Differential Treatment / Development Programmes)Article 6.2 (Special and Differential Treatment / Development Programmes)
Investment subsidies generally available to agriculture
Input subsidies available to low-income or resource-poor producers
Support to encourage diversification from growing illicit narcotic crops
Other
Collapse Article 6.5 (Blue Box)Article 6.5 (Blue Box)
Payments based on fixed areas or yields
Payments based on 85 per cent or less of the base level of production
Livestock payments made on a fixed number of head
Other
Collapse Current Total AMS (Amber Box)Current Total AMS (Amber Box)
Scheduled commitment level
Constituent data and methodology (AGST)
Market price support
Market price support: Eligible production
Other product-specific AMS/EMS
Non-product-specific AMS
Negative support amounts
De minimis
Excessive rates of inflation
Other
Collapse Classification of measuresClassification of measures
Classification of measures
Collapse Export competitionExport competition
Collapse Export subsidies subject to reduction commitments (Article 9.1)Export subsidies subject to reduction commitments (Article 9.1)
Transparency issues
Product coverage/scheduled commitments
Incorporated products
Special and differential treatment (Article 9.4)
Government involvement
Downstream flexibilities (Article 9.2)
Other
Collapse Circumvention of commitmentsCircumvention of commitments
Unscheduled export subsidies
Export credits, export credit guarantees, insurance programmes
International food aid
State trading enterprises
Other measures with circumvention potential
Quantity of total exports
Other
Collapse Export restrictions and prohibitionsExport restrictions and prohibitions
Collapse Transparency issuesTransparency issues
Timely notification
Special and differential treatment
Provision of information justifying the measure
Other
Collapse Importing Members' food securityImporting Members' food security
Importing Members' food security
Collapse ConsultationsConsultations
Consultations
Collapse NFIDCNFIDC
Collapse Quantity and concessionality of food aidQuantity and concessionality of food aid
Quantity and concessionality of food aid
Collapse Other forms of assistanceOther forms of assistance
Other forms of assistance
Product Categories
All agricultural products
Collapse Live animalsLive animals
Bovine
Swine
Sheep and goat
Poultry
Horses
Other
Collapse MeatMeat
Bovine
Swine
Sheep and goat
Poultry
Horses
Other
Collapse DairyDairy
Milk
Milk powders
Butter
Cheese
Other
Collapse Other animal productsOther animal products
Eggs
Hair, Shells, bones, etc.
hides and Skins
Other
Collapse Fruit and VegetablesFruit and Vegetables
Fresh vegetables
Processed vegetables
Roots and tubers
Fruit
Nuts
Processed fruit or nuts
Fruit and vegetable beverages
Collapse Coffee, tea, spicesCoffee, tea, spices
Coffee
Tea
Mate
Spices
Collapse CerealsCereals
Wheat
Corn
Rice
Malt
Coarse grains
Collapse Starches, inulin, gumStarches, inulin, gum
Wheat
Corn
Processed vegetables
Roots and tubers
Other
Collapse Oil seeds, fats and oilsOil seeds, fats and oils
Seeds
Vegetable oils and fats
Fats/Oils of animal origin
Other fats and oils
Collapse Residues of processing industryResidues of processing industry
Wheat
Corn
Animal feed
Alcohol residues
Oilcakes and solid residues
Other residues
Collapse Plants and vegetal materialPlants and vegetal material
Live trees and plants
Cut flowers
Animal feed
Gums, saps and resins
Seeds
Medicinal/perfumery plants
Sugar
Other
Collapse SugarSugar
Cane or beet sugar
Other
Collapse CocoaCocoa
Cocoa beans/powder/butter
Other
Collapse Food preparationsFood preparations
Cereal
Oils
Coffee
Tea
Other
Collapse BeveragesBeverages
Waters
Alcoholic
Other
Collapse TobaccoTobacco
Tobacco
Cigars, Cigarettes
Other
Essential oils, fatty acids and alcohols and other chemicals
Collapse FibresFibres
Cotton
Silk
Wool
Other
Collapse non-Annex 1 productsnon-Annex 1 products
non-Annex 1 products
Question Summary
Russian Federation - trade measures affecting Ukrainian transit of agricultural products to Kazakhstan
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