JAPAN yesterday
notified the WTO Secretariat of a request for consultations
with the Russian Federation on measures imposed by Russia relating to a
charge, the so-called “recycling fee”, imposed on motor vehicles.
According to Japan, Russia’s measures appear to be inconsistent with its obligations
under several articles of the GATT 1994, the Agreement on Trade Related Investment
Measures (TRIMs) and the Agreement on Technical Barriers to Trade (TBT).
Japan claims that through the measures at issue, Russia imposes a recycling
fee on each vehicle imported into Russia or produced/manufactured on the territory
of Russia. Russia exempts from the recycling fee the vehicles manufactured
or produced by companies that have committed to ensure subsequent safe handling
of waste. However, this exemption is only available to vehicles manufactured
by companies which are legal entities registered in Russia and which have undertaken
to produce their vehicles in Russia according to one of the modes involving
certain specific manufacturing operations in the territory of Russia, Belarus
or Kazakhstan. Therefore, the measures at issue, through these conditions,
either taken together or separately, discriminate between imported vehicles
and the “like” domestic products.
In addition, the measures favour, according to Japan, the purchase of parts/components
produced in Russia, Belarus or Kazakhstan over parts/components produced and
imported from other WTO members, including Japan. Through the measures at issue,
Russia also exempts from the recycling fee the vehicles imported from Belarus
and Kazakhstan under certain conditions. This exemption is only granted to
vehicles imported from Belarus and Kazakhstan and is not accorded immediately
and unconditionally to the vehicles imported from other countries, including
Japan. Russia also claims that the measures at issue have “investment objectives
and investment features”.
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