欧盟和俄罗斯之间关于根据协议(该协议关于从俄罗斯出口到欧盟木材的关税配额管理的欧盟与俄罗斯双边协议函)制定的技术性形式协定书
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:22012A0229(02)
OJ编号:OJ L 57, 29.2.2012, p. 5-13
中文标题:欧盟和俄罗斯之间关于根据协议(该协议关于从俄罗斯出口到欧盟木材的关税配额管理的欧盟与俄罗斯双边协议函)制定的技术性形式协定书
原文标题:Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union
分类:11.40.10.40_其它欧洲国家
文件类型:外部关系 Agreement, opinion|协议、意见
废止日期:2058-12-31
法规全文:查看欧盟官方文件
29.2.2012 Official
Journal
of
the
European
Union
L
57/5
PROTOCOL
between the European Union and the Government of the Russian Federation on technical
modalities pursuant to the Agreement in the form of an Exchange of Letters between the
European Union and the Russian Federation relating to the administration of tariff-rate quotas
applying to exports of wood from the Russian Federation to the European Union
SECTION 1
(f) the term ‘export licence’ means a document issued by the
competent authority of Russia to an exporter confirming
SCOPE AND DEFINITIONS
the right of such exporter to access the tariff quota.
Article 1
1.
This Protocol is adopted between the European Union and
the Government of the Russian Federation (hereinafter referred
4. The
allocation
of
tariff
quotas
under
this
Protocol
shall
be
to as ‘the Parties’) to implement the Agreement in the form of
guided by the principle of fair and equitable allocation of trade
Exchange of Letters between the Russian Federation and the
opportunities to all participants of trade. In particular, the
European Union relating to the administration of tariff-rate
Parties will seek the preservation of competitive conditions in
quotas applying to exports of wood from the Russian
the market of the products concerned, and the avoidance of
Federation to the European Union of 16 December 2011 (here
speculative trading of tariff quota entitlements.
inafter referred to as ‘the Agreement’).
2. This
Protocol
lays
down
technical
modalities
of
adminis
5. The
requirements
established
in
this
Protocol
are
without
tration of tariff-rate quotas mentioned in paragraph 1 of this
prejudice to any future requirements that may be introduced or
Article, including the details of the cooperation between the
applied in accordance with a legal act applied in the territory of
authorities of the European Union (hereinafter referred to as
Russia, provided that those future requirements are generally
‘the EU’) and the Russian Federation (hereinafter referred to as
applicable for engaging in trading of goods, including those
‘Russia’), and applies to exports from Russia into the EU of
applied specifically to the covered products, and that they are
covered products.
consistent with Russia’s obligations under the Marrakesh
Agreement establishing the World Trade Organization (here
inafter referred to as ‘the WTO Agreement’).
3. For
the
purposes
of
this
Protocol:
SECTION 2
(a) the term ‘covered products’ means the goods specified in the
Annex to Part V of Russia’s Schedule of Concessions and
TARIFF QUOTA PERIOD
Commitments on Goods in the WTO (hereinafter referred
to as ‘Russia’s Schedule of Commitments’);
Article 2
1. Russia
shall
open
tariff
quotas
allocated
to
the
EU
for
the
quantities set out in the Annex to Part V of Russia’s Schedule of
(b) the term ‘tariff quota’ means a specified quantity of covered
Commitments on a yearly basis. Such tariff quotas shall be
products that can be exported from Russia to the EU within
opened for a period of 12 consecutive months corresponding
the limits set out in the Annex to Part V of Russia’s
to each calendar year (hereinafter referred to as ‘quota period’).
Schedule of Commitments, during a limited period, bene
fiting from a decrease of the export duties otherwise applied
by Russia; the duties applicable to exports made within the
tariff quota shall be those specified in Russia’s Schedule of
2. If
this
Protocol
enters
into
force
later
than
31
January
of
a
Commitments;
calendar year, the quota period for that year shall be understood
as the period in full calendar months between the date of entry
into force of this Protocol and 31 December of the same year.
(c) the term ‘importer’ means a natural or legal person of any
Member State of the EU (hereinafter referred to as ‘EU
Member State’) intending to import covered products from
Russia into the EU;
SECTION 3
CLASSIFICATION
(d) the term ‘exporter’ means a natural or legal person of Russia
Article 3
intending to export covered products from Russia to the
1. The classification of the covered products is based on the
EU;
tariff and statistical nomenclature applied in Russia. Any
amendment to the tariff and statistical nomenclature of Russia
concerning covered products or any decision relating to the
(e) the term ‘quota authorisation’ means a document issued by
classification of goods shall not have the effect of nullifying
the competent authorities of the EU Member State
the export duty reduction commitments undertaken by Russia
concerned to an importer, confirming the right of such
as set out in Annex to Part V of Russia’s Schedule of
importer to access the tariff quota;
Commitments within the quantitative limits indicated therein.
L 57/6
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29.2.2012
2. Russia
undertakes
to
make
any
changes
in
the
tariff
and
for each quota period the proportion of the total quantity
statistical nomenclature applied in its territory concerning
allocated to traditional importers (within a range of 70
covered products, including a complete description of the
percent to 85 percent) and to new importers (within a
products concerned, available to the European Commission
range of 30 percent to 15 percent), respectively.
(hereinafter referred to as the ‘Commission’) at least 30 days
before the date of their entry into force in Russia.
3. For the purposes of paragraph 2 of this Article:
SECTION 4
(a) ‘traditional importers’ shall mean importers who can prove
QUOTA AUTHORISATIONS
that they have, at the moment of their application for a
quota authorisation:
Article 4
1. The
use
of
tariff
quotas
by
importers
shall
be
subject
to
the issuance of a quota authorisation by the competent auth
(i) obtained and used quota authorisations pursuant to this
orities of the EU Member States. Quota authorisations shall be
Section for the covered products, in each of the previous
issued in hard-copy form. Introduction of amendments,
two quota periods; and
including those for technical reasons, into issued quota auth
orisations is not allowed. In case any amendment needs to be
introduced, the quota authorisation shall be withdrawn and a
(ii) imported from Russia into the EU an average of at least
new respectively amended quota authorisation shall be issued.
5 000 m 3 of the covered products during each of the
previous two quota periods;
2. The
application
by
importers
for
quota
authorisations
for (b) ‘new importers’ shall mean importers other than those
a given quota period shall be made not earlier than 1 October
referred to in point (a) of this paragraph.
of the calendar year preceding that of the quota period, and not
later than 1 December of the calendar year corresponding to the
quota period.
If this Protocol enters into force later than 31 January of a
calendar year, for the purposes of point (a) of this para
graph, the required volume of imports from Russia for the
first quota period shall be calculated on a pro-rata basis, as
3. Each
quota
authorisation
shall
be
issued
for
the
amount
of
follows:
goods established by the contract or a pre-contract for the
covered products concerned between an importer and an
exporter (hereinafter referred to, respectively, as ‘the contract’
and ‘the pre-contract’).
M = (5 000/12) * t
where
Article 5
1. Subject to the submission by the importer of the contract
‘M’ represents the required volume of imports from Russia
or the pre-contract, and in accordance with the allocation of the
for the first quota period;
tariff quota by the Commission pursuant to paragraph 2 of this
Article, the competent authorities of the EU Member States shall
issue quota authorisations in respect of all applications for
importation from Russia of covered products up to the quan
‘t’ represents the number of full calendar months from the
tities of the relevant tariff quota.
date of entry into force of this Protocol until 31 December
of the same year.
2. The
Commission
shall
allocate
the
quota
authorisations 4. Should
the
method
referred
to
in
point
(b)
of
paragraph
2
according to one of the following methods:
of this Article be applied by the Commission during the first
three quota periods following the entry into force of this
Protocol, the definition of ‘traditional importer’ for that
purpose shall be those importers who can prove that they
(a) in accordance with the chronological order of receipt by the
have imported from Russia into the EU an average of at least
Commission of notifications from the competent authorities
5 000 m 3 of the covered products during a reference period to
of EU Member States of applications from individual
be determined.
importers; or
5. The
quota
authorisations
shall
be
nominal
on
the
quota
holder. Such authorisations shall be valid for the whole quota
(b) in accordance with the ‘traditional’ or ‘new’ categories of
period and for imports throughout the customs territory of
importers; in that event, the Commission shall determine
the EU.
EN
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Article 6
(b) a copy of the contract;
1. A
quota
authorisation
shall
conform
to
any
of
the
forms
set out in the Annex to this Protocol.
(c) a copy of the document proving that the exporter is
registered with Russian tax authorities; and
2. Each
quota
authorisation
shall
certify,
inter
alia,
that
the
quantity of the product in question has been set off against the
relevant quantitative limit established for the product concerned
in Russia’s Schedule of Commitments.
(d) a copy of the document proving that the licensing fee has
been paid.
Article 7
1. For
every
individual
quota
authorisation
issued,
the Without prejudice to paragraph 5 of Article 1 of this Protocol,
Commission shall immediately inform the competent
no additional document shall be required from the exporter for
authority of Russia of the identity of the holder of the quota
the purpose of delivering an export licence.
authorisation, the identity of the exporter and the quota
quantity concerned.
4. The
competent
authority
of
Russia
shall
accept
appli
cations for export licences as of 15 October of the calendar
2. The
Commission
shall
immediately
inform
the
competent year preceding that of the quota period, until 15 December of
authority of Russia about the withdrawal of any quota auth
the calendar year corresponding to the quota period.
orisation already issued, as well as about any duplicates
delivered, and quota authorisations not used and returned by
importers. The balance of quota available under the quantitative
limit set out in Russia’s Schedule of Commitments for the
5. Licensing
fees
mentioned
in
point
(d)
of
paragraph
3
of
products concerned shall be modified for the corresponding
this Article shall be those stipulated by the legal acts relating to
amount.
general export licensing regulation in Russia.
3. The
competent
authority
of
Russia
shall
keep
records
of
Article 9
the information transmitted to it pursuant to paragraphs 1 and
2 of this Article. These records shall include in particular the
1. Provided that an exporter fulfils all applicable
identity of the holder for each quota authorisation and the
requirements set out in Article 8 of this Protocol, the
quantity of goods concerned by the quota authorisation.
competent authority of Russia shall issue an export licence in
respect of the consignments of covered products at the desti
nation of the holder of the quota authorisation.
SECTION 5
EXPORT LICENCES
2. The
export
licence
shall
be
issued
for
the
amount
of
goods
Article 8
established by the contract.
1. The
use
of
tariff
quotas
by
exporters
shall
be
subject
to
the issuance of an export licence by the competent authority of
Russia.
3. The
export
licence
shall
be
nominal
on
the
exporter.
It
shall also specify the identity of the importer.
2.
To apply for an export licence, an exporter shall submit to
the competent authority of Russia the documents provided for
by the legislation of Russia as set out in paragraph 3 of this
4. The
export
licence
shall
have
no
legal
value
for
expor
Article, and the original, a duplicate or a copy of the quota
tation to custom territories other than that of the EU, nor for
authorisation granted to the importer pursuant to Article 5 of
exportation to an importer other than the quota authorisation
this Protocol. The amount of goods set out in the contract shall
holder.
correspond to the amount of goods set out in the quota auth
orisation submitted by the exporter. Where an exporter
provides a copy of the quota authorisation, the licence shall
Article 10
only be issued upon submission of the original or duplicate
of that quota authorisation.
If the decision of the competent authority of Russia on an
application for an export licence is positive, it shall issue such
export licence in a time period not exceeding 10 working days
3. At the date of entry into force of this Protocol the
from the date of the submission of the application.
documents required in accordance with the legislation of
Russia for the purposes of issuing an export licence are:
Article 11
(a) a duly completed application for an export licence both in
1. The export licences shall expire at the end of the calendar
writing and electronic format;
year for which the corresponding tariff quota has been opened.
L 57/8
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29.2.2012
2. In
case
the
Commission
has
informed
the
competent of total quantities of that tariff quota may be carried over to the
authority of Russia that a quota authorisation has been with
corresponding tariff quota for the following calendar year. The
drawn, this authority shall cancel the corresponding export
Commission shall notify the competent authority of Russia if it
licence already issued, provided that the information was
intends to make use of the provision of this paragraph not
received by such competent authority before customs
earlier than 15 January and no later than 28 February of the
clearance for export of the goods covered by such export
calendar year following the year corresponding to the quota
licence. Should the competent authority of Russia be notified
period. The competent authority of Russia shall confirm,
of the withdrawal of the quota authorisation only after the
within 30 days from the date of receipt of the notification,
customs clearance for export of the goods covered by the
the additional quantities for the tariff quota for the product
corresponding export licence, such export shall be set off
group(s) concerned resulting from the carry-over.
against the quantitative limits established for the quota period
for which the export licence was issued.
2. In
addition
to
the
share(s)
of
tariff
quota(s)
carried
over
Article 12
pursuant to paragraph 1 of this Article, up to another 3 percent
of the relevant tariff quota(s) may be carried over pursuant to
1. The
exporter
shall
submit
the
original
or
duplicate
of
the paragraph 1 of this Article, upon agreement between the Parties.
export licence to the competent Russian customs office at the
The Commission shall notify the competent authority of Russia
moment of presentation of the goods for customs clearance for
if it intends to make use of the provision of this paragraph, not
export.
earlier than 15 January and no later than 28 February of the
calendar year following the year corresponding to the quota
period. The competent authority of Russia shall inform the
2. Successive
shipments
on
account
of
a
same
export
licence Commission of its decision within 60 days from the date of
shall be possible up to the quantitative limit of the export
receipt of the notification from the Commission.
licence.
3. Corrections
in
export
licences,
including
those
for 3. Carry-over pursuant to paragraphs 1 and 2 of this Article
technical reasons, are not allowed. If the amendments are
can take place once in the course of a calendar year when the
necessary, the licence shall be cancelled and a new respectively
decision(s) on carry over is/are taken. Any adjustments to the
amended export licence shall be issued. Where the quantity to
quantitative limits resulting from carry over shall only affect the
be actually exported is lower than the quantity set out in the
calendar year when the decision on carry over is taken.
export licence, the export licence can be used without a need to
amend it.
Article 13
SECTION 7
1. The
goods
covered
by
an
export
licence
shall
be
cleared
INFORMATION EXCHANGES
for export at customs in Russia within the period of validity of
Article 15
the licence. Russia’s customs shall clear such goods for exports
without delay, in accordance with the customs legislation
1. With
a
view
to
rendering
the
monitoring
system
as
applied in Russia.
effective as possible and to minimise the possibilities for
abuse and circumvention of the tariff-quota system on
covered products as agreed between Russia and the EU:
2. The goods cleared for exports at customs in Russia, as
provided in paragraph 1 of this Article, can be shipped from
Russia, even if the validity period of the export licence for these
goods has expired. Such exports shall be set off against the
(a) the Commission shall inform the competent authority of
quantitative limits established for the quota period for which
Russia not later than the fifth working day of each month
the export licence was issued, even if the shipment of goods has
of the quota authorisations issued during the preceding
taken place after that period.
month;
3. For the purposes of paragraph 2 of this Article, shipment
of goods is considered to have taken place on the date of their
(b) the competent authority of Russia shall inform the
loading onto the exporting means of transport, as evidenced by
Commission not later than the fifth working day of each
their bill of lading or other transport document.
month of the export licences issued during the preceding
month;
SECTION 6
CARRY-OVER
(c) the customs authorities of Russia shall inform the
Article 14
Commission not later than 39 days after the end of each
third month of the volumes and values of the covered
1. When a tariff quota for a product group is not fully used,
products exported to the EU during those preceding three
unused quantities of such tariff quota not exceeding 7 percent
months;
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(d) the Commission shall inform the competent authority of
FR = France
Russia not later than 39 days after the end of each third
month of the volumes and values of the covered products
IE = Ireland
imported to the EU during those preceding three months.
IT = Italy
2. Without
prejudice
to
the
periodic
exchange
of
information
CY = Cyprus
on export licences and quota authorisations pursuant to
paragraph 1 of this Article, the Parties agree to exchange
LV = Latvia
available statistical information relating to trade in the
covered products at appropriate intervals, taking account of
LT = Lithuania
the shortest periods in which the information in question is
prepared. Such information shall cover quota authorisations
LU = Luxembourg
and export licences issued and import and export statistics in
HU = Hungary
respect of the products in question.
MT = Malta
3. In
the
event
of
any
significant
discrepancy,
taking
account
of the time factors involved in respect of the information
NL = Netherlands
provided pursuant to paragraphs 1 or 2 of this Article, either
Party may request consultations which shall be held immedi
AT = Austria
ately.
PL = Poland
SECTION 8
PT = Portugal
FORM AND PRODUCTION OF QUOTA AUTHORISATIONS
RO = Romania
AND COMMON PROVISIONS CONCERNING EXPORTS TO
THE EU
SI = Slovenia
Article 16
SK = Slovakia
1. The
quota
authorisation
form
shall
be
completed
in
the
FI = Finland
Russian language or in any EU official language. In case the
form is completed in an EU official language, when submitted
SE = Sweden
to the competent authority of Russia such quota authorisation
shall be accompanied with its translation into Russian language
GB = United Kingdom;
certified with a notary public of Russia in accordance with the
legislation of Russia.
(c) a two-digit number identifying the year in question
2. Each
document
shall
bear
a
standardised
serial
number
by
corresponding to the last two figures in the year, e.g. ‘12’
which it can be identified. This number shall be composed of
for year 2012; and
the following elements:
(d) a five-digit number running consecutively from 00001 to
(a) two letters identifying the exporting country, as follows: RU;
99999 allocated to the intended EU Member State of
customs clearance.
(b) two letters identifying the EU Member State that issues the
quota authorisation, as follows:
Article 17
BE = Belgium
1. In the event of theft, loss or destruction of a quota auth
orisation, the importer may apply to the competent authority of
the EU Member State concerned for a duplicate. The duplicate
BG = Bulgaria
of any such quota authorisation so issued shall bear the
endorsement ‘duplicate’.
CZ = Czech Republic
2. The duplicate shall bear the date of the original quota
DK = Denmark
authorisation.
DE = Germany
SECTION 9
ADMINISTRATIVE COOPERATION
EE = Estonia
Article 18
EL = Greece
The EU and Russia shall cooperate closely in the implemen
tation of the provisions of this Protocol. To this end, contacts
and exchanges of views, including on technical matters, shall be
ES = Spain
facilitated by both Parties.
L 57/10
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29.2.2012
Article 19
communicated to the competent authority of Russia within
10 working days at the latest. The information communicated
1. With
a
view
to
ensuring
the
effective
functioning
of
this shall indicate whether the disputed quota authorisation applies
Protocol, the EU and Russia agree to take all necessary steps to
to the alleged holder and whether the goods are eligible for
prevent, investigate and take any necessary legal and/or adminis
export under the arrangements established by this Protocol.
trative action against circumvention, notably by transhipment
or re-routing of goods, falsification of documents, false
declaration concerning quantities, description or classification
of merchandise.
3. Recourse
to
the
verification
procedure
specified
in
this
Article must not constitute an obstacle to the release of
export licences. To this end, and without prejudice to
Article 10 of this Protocol, the competent authority of Russia
2. In
the
framework
of
the
cooperation
referred
to
in shall issue the corresponding export licence within five working
paragraph 1 of this Article, the Commission and the
days after receipt of the confirmation of the authenticity of a
competent authority of Russia shall exchange any information
quota authorisation in accordance with paragraph 2 of this
considered by either Party to be of use in preventing circum
Article.
vention or infringement of the provisions of this Protocol. This
information may include, at the request of either Party, copies
of all relevant documentation, where available.
SECTION 10
TRANSITIONAL ARRANGEMENTS
3. Where
information
available
to
the
Commission
or
the
Article 23
competent authority of Russia indicates or appears to indicate
that the provisions of this Protocol are being circumvented or
1. Pending the adoption by the EU of the internal measures
infringed, the Parties shall cooperate closely and with the appro
necessary for the management of the tariff quotas, the
priate urgency, and may agree to take any measures necessary
competent authority of Russia shall not request the original
in order to prevent any such circumvention or infringement.
or a duplicate of the quota authorisation as a condition for
the issuance of an export licence under Article 8 of this
Protocol.
Article 20
1. Should
either
Party
believe,
on
the
basis
of
information 2. The
EU
shall
make
a
written
notification
of
the
adoption
available, that this Protocol is being circumvented or infringed,
of the internal measures referred to in paragraph 1 of this
it may request consultations which shall be held immediately.
Article. Upon receipt of such notification by the competent
authority of Russia, the transitional arrangement described in
paragraph 1 of this Article shall be terminated.
2. On
their
own
initiative
or
upon
request
of
the
other
Party,
the appropriate authorities of either Party shall carry out appro
priate inquiries, or arrange for such inquiries to be carried out,
3. In
case
this
Protocol
enters
into
force
after
31
January
of
a
concerning operations which are, or appear to be, in circum
calendar year, the tariff quota for that year shall be applied pro-
vention or infringement of this Protocol. Either Party shall
rata. For that purpose, Russia shall open a tariff quota calculated
communicate the results of these inquiries to the other Party,
as follows (hereinafter referred to as ‘transitional tariff quota’):
including any other pertinent information enabling the cause of
the circumvention or infringement to be determined.
Qt = (Q:12) * Tt,
Article 21
In order to ensure the correct application of this Protocol, the
where
EU and Russia shall offer each other mutual assistance for the
checking of the authenticity and the accuracy of quota auth
orisations issued.
‘Q’ represents the tariff quota;
Article 22
‘Qt’ represents the transitional tariff quota;
1. Subsequent
verification
of
quota
authorisations
shall
be
carried out by way of exception, when the competent
authority of Russia has reasonable doubts as to their auth
‘Tt’ represents the number of full calendar months from the
enticity. In such cases, the competent authority of Russia shall
date of entry into force of this Protocol until 31 December of
return the quota authorisation to the Commission giving the
the same year.
reasons of form or substance which justify an inquiry.
4.
During the application of the transitional arrangements set
2. The
results
of
the
subsequent
verifications
carried
out
in out in this Article, the provisions of this Protocol shall apply
accordance with paragraph 1 of this Article shall be
mutatis mutandis.
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SECTION 11
refers to disputes regarding the Agreement on partnership and
cooperation establishing a partnership between the European
CONSULTATIONS
Communities and their Member States, of one part, and the
Article 24
Russian Federation, of the other part, of 24 June 1994 (here
inafter referred to as ‘the Partnership and Cooperation Agree
1. Consultations
shall
be
held
on
any
differences
between
the ment’), it shall be read as referring to disputes regarding this
Parties arising from the application of this Protocol and the
Protocol or the Agreement.
Agreement at the request of either Party. Any consultations
shall take place in a spirit of cooperation and with a desire
to reconcile the differences between the Parties.
3. The
conciliation
panel
established
in
accordance
with
paragraph 1 of this Article shall not have competence to
consider the compatibility of a measure of a Party, examined
2. Where
this
Protocol
provides
that
consultations
shall
be by that conciliation panel, with the provisions of the Part
held immediately, the Parties undertake to use all reasonable
nership and Cooperation Agreement or the WTO Agreement.
means to ensure that this is achieved.
3. Consultations
shall
be
governed
by
the
following
provi
4. If
the
indicative
list
of
conciliators
foreseen
in
paragraph
1
sions:
of Article 4 of the Decision of the Cooperation Council on
Dispute Settlement has not been established by the time a
Party requests the establishment of a conciliation panel
pursuant to Article 3 of that Decision for an alleged violation
(a) any request for consultations shall be notified in writing to
of this Protocol or the Agreement, and if a Party fails to appoint
the other Party;
a conciliator or the Parties fail to reach an agreement on the
chairperson of the conciliation panel within the respective time
frames established for this purpose in Article 4 of that Decision,
(b) such request shall set out the reasons for the consultations;
any Party may ask the WTO Director-General to nominate the
conciliators that remain to be appointed. The WTO Director-
General, after consulting with the Parties, will inform both
(c) consultations shall begin within one month from the date
parties of the nominated conciliator(s) no later than 20 days
of the receipt of such request; and
after the date of receipt of such a request.
(d) consultations shall endeavour to arrive at a mutually agreed
5. The relevant dispute settlement provisions of any
solution within one month of their commencement, unless
agreement between the EU and Russia subsequent to the Part
the period is extended by agreement of the Parties.
nership and Cooperation Agreement (hereinafter referred to as
the ‘New Agreement’), shall apply to disputes regarding the
alleged violation of obligations under this Protocol or the
Agreement. It is understood that whenever the New
SECTION 12
Agreement refers to disputes regarding the New Agreement, it
DISPUTE SETTLEMENT
shall be read as referring to disputes relating to this Protocol or
the Agreement.
Article 25
1. If a Party considers that the other Party has failed to fulfil
its obligations under this Protocol or the Agreement, and
SECTION 13
consultations pursuant to Article 24 of this Protocol have
failed to lead to a mutually agreed solution within the time
ENTRY INTO FORCE
period established in point (d) of paragraph 3 of that Article,
such Party may request the establishment of a conciliation panel
Article 26
pursuant to Article 3 of the Decision of the Cooperation
1. This
Protocol
shall
be
approved
by
the
Parties
in
Council established by the Agreement on partnership and
accordance with their respective internal procedures.
cooperation establishing a partnership between the European
Communities and their Member States, of one part, and the
Russian Federation, of the other part, of 24 June 1994, to
establish rules of procedure for the settlement of disputes
2. This Protocol shall enter into force 30 days after the date
under that Agreement, adopted on 7 April 2004 (hereinafter
on which the Parties exchange written notifications certifying
referred to as the ‘Decision of the Cooperation Council on
that they have completed their respective internal procedures or
Dispute Settlement’).
on such other date as the Parties may agree, but not earlier than
the date of the accession of Russia to the World Trade Orga
nization.
2. Where
recourse
is
made
to
a
conciliation
panel
under
paragraph 1 of this Article, the provisions of the Decision of
the Cooperation Council on Dispute Settlement shall apply,
3. Pending
its
entry
into
force,
this
Protocol
shall
be
applied
with the exception of Article 2 of that Decision regarding
provisionally from the date of the accession of Russia to the
consultations. It is understood that whenever that Decision
World Trade Organization.



L 57/12
EN
Official Journal of the European Union
29.2.2012
Done in Geneva on 16 December 2011, in duplicate, each in the English and Russian languages, both texts
being equally authentic.
For the European Union For
the
Government
of the Russian Federation
EN
29.2.2012 Official
Journal
of
the
European
Union L
57/13
ANNEX
Document Outline
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