   
  
WT/DS608/1  
G/L/1424  
 
24 January 2022  
(22-0534) Page: 1/5 
  Original: English  
 
 
RUSSIAN FEDERATION – MEASURES CONCERNING  
THE EXPORTATION  OF WOOD PRODUCTS  
REQUEST FOR CONSULTATIONS BY THE EUROPEAN UNION  
The following communication, dated  20 January 2022 , from the delegation of the European Union  to 
the delegation of the Russian Federation , is circulated to the Dispute Settlement Body in accordance 
with Article 4.4 of the DSU.  
 
_______________  
 
 
My authorities have instructed me to request consultations with the Russian Federation pursuant to 
Articles 4 and 1.1, first sentence, of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU"), in conjunction with Article XXII:1 of the General Agreement on 
Tariffs and Trade 1994 ("GATT 1994"), and Article  1.1, second sentence , of the DSU with regard to 
measures adopted by the Russian Federation restricting the exportation of wood products. Those 
measures adversely affect exports of wood products from the Russian Federation to the 
European  Union.  
1. The measures at issue  
The Russian Federation has adopted several measures which form part of a broader policy aiming 
to ban or restrict the exportation of certain wood products, in line with the instructions issued publicly 
to the Russian Government by the President of the Russ ian Federation.1 
The measures at issue can be summarised as follows.  
a. Termination of tariff -rate quotas on exports of wood products  
Under its Protocol of Accession (WT/MIN(11)/24, WT/L/839), the Russian Federation undertook tariff 
concessions also with respect to export duties. These export duty bindings are recorded in Part V of 
the Russian Federation's Schedule of Concessions and Com mitments on Goods ("Schedule"), which 
was also annexed to the GATT 1994. As part of these tariff concessions, the Russian Federation 
undertook  the commitment to apply an export duty of no more than 13% and 15% ad valorem , 
respectively, to certain quantitie s of certain rough wood exports, that is tariff -rate quotas ("TRQs"), 
with also scheduled allocations of quantities for exportation to the European Union. These TRQs for 
exportation are specified in the Annex to Part V of the Russian Federation's Schedule as follows:  
 
1 On 30 September 2020, the President of the Russian Federation instructed the Russian Government to 
prepare a complete ban on exports of certain unprocessed coniferous and other round -wood, starting from 1 
January 2022 . President Putin is quoted by the Russian News Agency as having stated: "I request imposing 
complete ban on shipment of unprocessed or roughly processed conifer and valuable hardwood out of R ussia 
starting January 1, 2022, " and as having tasked the G overnment with "preparing the legislative base to solve 
the task of preventing uncontrolled  outflow of unprocessed timber. " See TASS, Russian News Agency, Putin 
instructs governmen t to stop uncontrolled export of unprocessed timber, 30  September 2020, 
https://tass.com/economy/1206747 .   WT/DS608/1 • G/L/1424  
 
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  Annex to Part V  
Aggregate of HS 4403 20  110 and 4403 20  190 
Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared of spruce of 
the species 'Picea abies Karst' or silver fir (Abies alba Mill)  
Global volume of TRQ, 
thousand cubic metre  In-quota duty  Out-of-quota duty  
    6 246, 5  
            Including:  
                     EU – 5 960,6 ; 
                     others - 285,9  13% To be established in accordance 
with the tariff applied by the 
Russian  Federation  
 
Aggregate of HS 4403 20  310 and 4403 20  390 
 
Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared of pine of  
the species "Pinus sylvestris L. " 
 
Global volume of TRQ, 
thousand cubic metre  In-quota duty  Out-of-quota duty  
    16 038,2 
            Including:  
                     EU – 3 645,9 ; 
                     others - 12 392,3  15% To be established in accordance 
with the tariff applied by the 
Russian  Federation  
 
The Russian Federation implemented these concessions by introducing corresponding TRQ quantities 
and their allocation into its legislation through Government Resolution2 779 of 30 July 2012 
(Government Resolution 779)3 and in -quota tariff rates of 13% or 15%, respectively, through 
Government Resolution 754 of 30 August 2013 (Government Resolution 754)4 for an indefinite 
period of time. Government Resolution 779 defined the product scope for these TRQs as follows, 
with reference to the Eurasian Economic Union (EAEU) commodity nomenclature:  
- EAEU TN VED5 codes 4403 23 110 0 , 4403 23 190 0, and 4403 24 100 0) European 
spruce or European silver fir;  
 
- EAEU TN VED codes 4403 21 110 0, 4403 21 190 0 and 4403 22 100 0) Scotch pine or 
'common spruce and pine'.  
 
Government Resolution 779 further provided that "t he tariff quota distribution shall be performed 
as provided by the respective international treat y of the Russian Federation".6 The export volumes 
in cubic meters covered by the TRQs indicated in Government Resolution 779 are the same as the 
volumes of TRQs provided in the Annex to Part V of the Russian Federation's Schedule .  
 
 
2 Although "regulation " might be suitable, "resolution " is the term used as translation of the Russ ian 
term postanovleniye in this request for consultations, as this corresponds best to the practice of the Russian 
Federation 's official legislative websites, as well as, with significant variation, in WTO documents.  
3 Resolution of the Gove rnment No. 779 of 30 July 2012 O n the tariff quotas for certain types of 
coniferous timber exported from the territory of th e Russian Federation and the Customs Union member s tates. 
4 Resolution of the Government No. 754 of 30 August 2013 On the approval of export customs duty 
rates for goods exported from the Russian Federation outside the member s tates of the agreement on the  
Customs U nion, and on the abrogation of several a cts of the Government of the Russian Federation . 
5 TN VED stands for tovarnaya nomenklatura vneshneekonomicheskoy deyatel 'nosti, that is: commodity 
nomenclature of foreign economic activity.  
6 Paragraph 2 of the Rules of distribution between foreign trade operators  of the tariff quotas for 
European spruce , European silver fir or Scotch pine exported from the territory of the Russian Federation and 
the territories of the member states of the Customs Union to the European Union  (approved through 
Government Resolution No. 779 of 30 July 2012 ). WT/DS608/1 • G/L/1424  
 
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  The Russian Federation  has stopped applying these TRQs on certain wood products  since 
1 January  2022: Government Resolution 3967 repealed, as of 1 January 2022, Government 
Resolution 779, thereby terminating the TRQs in question. A significant part of these TRQs used to 
be, an d had to be, allocated to exports to the European Union. Following the termination of these 
TRQs, the export duties applied by the Russian Federation on the products at stake are " 80% of 
customs value, but not less than 55.2 euro per 1 cubic meter", according to the out -of-quota tariff 
rates established in Government Resolution 754.  
This request  also covers any amendment, supplement, replacement, renewal, extension, 
implementing me asure or other measures related to the measure by which the Russian Federation 
has stopped applying TRQs, including any adjustments as to its form, level, product scope or 
otherwise.  
b. Reduction of the number of border crossing points for the exportation of wood products  
The Russian Federation has reduced the number of border crossing points permitted for the 
exportation of certain wood products falling under the following EAEU  tariff lines from almost one 
hundred road, railway, maritime and inland waterwa y border crossing points, of which 20 road and 
13 railway crossing points on the land border with the European Union,8 to only two railway border 
crossing points, of which one with the European Union and one with North Korea:  
- 4403 11 000,  
- 4403 12 000  1,  
- 4403 12 000 2,  
- 4403 12 000 3,  
- 4403 21,  
- 4403 22,  
- 4403 23,  
- 4403 24,  
- 4403 25,  
- 4403 26 000 0,  
- 4403 91,  
- 4403 93,  
- 4403 94 000 0, and  
- 4403 99 000 1.  
The Russian Federation has put into effect this measure through, inter alia , Government Resolution 
No. 1225 of 20 July 2021 On the designation of the points for crossing through the state border of 
the Russian Federation for the exportation from the territ ory of the Russian Federation of goods 
classified in commodity code 4403 of the common Commodity nomenclature of foreign economic 
activity of the Eurasian Economic Union, and on amendments to Government Resolution No. 521 of 
the Government of the Russian F ederation of 15 July 2010. The restrictions do not appear to apply 
to exports to other member states of the EAEU.  
This request  also covers any schedule or annex to the measures by which the Russian Federation 
has reduced the number of land border crossing  points , as well as any amendment , supplement, 
replacement, renewal, extension, implementing measure or other related measures, including any 
adjustments as to its form, level, product scope or otherwise .  
*** 
 
7 Resolution of the Government No. 396 of 18 March 2021 O n amendments to several  acts of the 
Government of the Russian Federation and the revocation of sever al acts and individual provisions of several 
acts of the Government of the Russian Federation.  
8 See Resolution of the Government of the Russian Fede ration of 15 July 2010 No. 521 On the 
designation of  the points for crossing through the state border of the Russian Federation for the exportation of 
certain types of goods from the territory of the Russian Federation . WT/DS608/1 • G/L/1424  
 
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  2. Legal basis for the complaint in respect of the Russian measures  
The measures described above appear to be inconsistent with the Russian Federation's obligations 
under the covered agreements, in particular:  
a. Termination of TRQs on exports of certain wood products  
The termination of TRQs on exports of certain wood products appears to be inconsistent with the 
obligations of the Russian Federation under the covered agreements and, in particular, with:  
- Article II:1(a) of the GATT 1994, because, through this measure, the Russian Federation 
accords to the commerce of the European Union in certain wood products treatment less 
favourable than that provided for in the appropriate part of the appropriate Schedule 
annexed to the GATT 1994, namely that provided for in Part V and the Annex to Part V  of 
the Russian Federation's Schedule.  
- Paragraph 2, second sentence, of the Protocol on the Accession of the Russian Federation 
(WT/MIN(11)/24, WT/L/839) in conjunction with paragraphs 638 and 1450 of the Report of 
the Working Party o n the accession of the Russian Federation to the WTO (WT/ACC/RUS/70, 
WT/MIN(11)/2), because the Russian Federation does not exempt products described in Part 
V and the Annex to Part V  of the Schedule, namely certain wood products under tariff heading 
4403,  from export duties in excess of those set -forth and provided in Part V and the Annex 
to Part V  of its Schedule; because the Russian Federation does not implement its tariff 
concessions and commitments contained in Part V and the Annex to Part V  of the Sch edule; 
and because the Russian Federation does not apply export duties in conformity with the WTO 
Agreement.   
b. Reduction of the number of border crossing points for the exportation of wood products  
The reduction of the number of border crossing points f or the exportation of certain wood products 
appears to be inconsistent with the obligations of the Russian Federation under the covered 
agreements and, in particular, with:  
- Article XI:1 of the GATT 1994, because, through this measure, the Russian Federat ion has 
instituted and is maintaining restrictions other than duties, taxes or other charges on the 
exportation of certain wood products destined for the territory of the European Union and 
other Members;   
- Article XIII:1 of the GATT 1994, because, throug h this measure, the Russian Federation 
applies restrictions on the exportation of certain wood products destined for the territory of 
the European Union and other Members, while the Russian Federation has not similarly 
restricted the exportation of the lik e products to all third countries.  
- Article I:1 of the GATT 1994, because, with respect to rules and formalities in connection 
with exportation, the Russian Federation fails to accord an advantage, favour, privilege or 
immunity granted by the Russian Fede ration to products destined for another country 
immediately and unconditionally to the like products destined for the territories of the 
European Union and other Members.  
- Paragraph 2, second sentence, of the Protocol on the Accession of the Russian Fede ration 
(WT/MIN(11)/24, WT/L/839)8 in conjunction with paragraphs 668 and 1450 of the Report of 
the Working Party on the accession of the Russian Federation to the WTO (WT/ACC/RUS/70, 
WT/MIN(11)/2), because the Russian Federation applies to certain wood products 
quantitative restrictions on exports or restrictions on the sale for export or measures having 
equivalent effect that cannot be justified under the provisions of the WTO Agreement.    
The above measures of the Russian Federation appear to nullify o r impair the benefits accruing to 
the European Union directly or indirectly under the GATT 1994.  WT/DS608/1 • G/L/1424  
 
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  The European Union reserves the right to address additional measures and claims, including under 
other provisions of the covered agreements, regarding the abo ve matters during the course of the 
consultations in light of the information that the Russian Federation may provide. The 
European  Union looks forward to receiving the Russian Federation's reply to this request and 
expresses its readiness to consider a mu tually convenient format and date for the consultations.  
 
__________  