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WT/DS 476 - EUROPEAN UNION AND ITS MEMBER STATES – CERTAIN MEASURES RELATING TO THE ENERGY SECTOR

Last update: 25/07/2017

  • Complaint by: Russian Federation
  • Complaint against: EU
  • Third parties:
    Brazil - China - Colombia - India - Japan - Korea, Republic Of - Saudi Arabia - Ukraine - United States
Summary of case:

Through its panel request Russia challenges the WTO-consistency of certain provisions of the Third Energy Package and of certain related implementing measures of some Member States, in particular: - the unbundling of transmission system operators and transmission networks from activities in the production and supply of natural gas and electricity; - the certification requirements in relation to transmission system operators where the system operator or system owner is controlled by person(s) from third countries; - certain infrastructure-related exemptions, which also apply to the requirement to grant access to natural gas network capacity by transmission service operators (i.e. third party access). Russia also challenges the rules on projects of common interest under the TEN-E Regulation No 347/2013, which aim inter alia at boosting the EU's energy security by diversifying sources. Russia's main argument is that the Third Energy Package and the TEN-E Regulation discriminate de jure and de facto against Russian services and service suppliers and against gas of Russian origin. Through its panel request Russia challenges the WTO-consistency of certain provisions of the Third Energy Package and of certain related implementing measures of some Member States, in particular: - the unbundling of transmission system operators and transmission networks from activities in the production and supply of natural gas and electricity; - the certification requirements in relation to transmission system operators where the system operator or system owner is controlled by person(s) from third countries; - certain infrastructure-related exemptions, which also apply to the requirement to grant access to natural gas network capacity by transmission service operators (i.e. third party access). Russia also challenges the rules on projects of common interest under the TEN-E Regulation No 347/2013, which aim inter alia at boosting the EU's energy security by diversifying sources. Russia's main argument is that the Third Energy Package and the TEN-E Regulation discriminate de jure and de facto against Russian services and service suppliers and against gas of Russian origin.

Relevant WTO provision:

• Articles II, VI, XVI and XVII of the GATS • Articles I, III, X and XI of the GATT 1994

Consultation:

Date of request: 30/04/2014

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