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A transparent system of pre-trial settlement of disputes on agroindustrial issues has been established in the EEC

A transparent system of pre-trial settlement of disputes on agroindustrial issues has been established in the EEC

3/2/2017

The EEC Board approved the procedure for the organization and holding of negotiations and consultations on disputes related to the implementation of the agreed agroindustrial policy in the EAEU, including issues of state support of agriculture.

The development of this document was provided for by the Union countries having included relevant provisions previously in the Treaty on the EAEU. According to the Treaty, the pre-trial settlement of a dispute between the countries shall occur within the period of at least 60 calendar days. It is also envisaged that the EEC Board assists the EAEU countries in pre-trial conflict settlements.

The procedure for the organization and holding of negotiations and consultations on possible disputes in the agroindustrial sector provides a clear cooperation algorithm between the Union States and the Commission. In particular, the official request submitted by the dispute initiating country to the EEC should indicate facts and grounds, with a reference to the national and Union law. There should also be proposals for organization of negotiations that may be held in the framework of the Advisory Committee for the agroindustrial complex under the EEC Board.

A defending Union country, within ten calendar days from the date of receipt of the formal request, shall agree the date and place of negotiations and consultations with the dispute initiator, and inform the EEC thereof. The Commission is given five working days to inform all the Member States of the negotiations. Within the next ten days, the EAEU countries shall inform the Commission of their participation status in the negotiation process, views on the dispute, and an authorized public authority responsible for the formation of a viewpoint.

Moreover, the final stage of negotiations and consultations has been defined: official representatives of state bodies shall sign the final report on the results of the dispute settlement.

Up to now there has not been any judicial precedents among the EAEU countries related to agriculture, nevertheless, the EEC does not exclude this possibility.   The new regulation will help the Union States understand the dispute in a civilized manner, avoiding to bring it to the capital measure - the Eurasian Court.

It is important to note that preliminary negotiations and consultation is a prerequisite for a possible hearing of the dispute in the Court of the Eurasian Economic Union in future.