Legal aspects of the relations between Russia and EU

Transcription

1 Legal aspects of the relations between Russia and EU Paul Kalinichenko (Doctor of Law, Professor) Kutafin Moscow State Law Academy

2 Материалы разработаны при поддержке Программы Европейского Союза Erasmus+, Кафедра Жана Моне. Проект номер EPP RU-EPPJMO-CHAIR With the support of the Erasmus+ programme of the European Union, Jean Monnet Chair, Project number EPP RU-EPPJMO-CHAIR

3 Section 3. The EU-Russia Basic Agreement

4 Section 3. The EU-Russia Basic Agreement 1. The EEC/Euratom-USSR Trade and Commercial and Economic Cooperation Agreement Form of the EU-Russia Partnership and Cooperation Agreement Content of the EU-Russia Partnership and Cooperation Agreement A New Basic Agreement

5 The EEC/Euratom-COMECON countries TCA s 1989 EEC/COMECON Joint Declaration 24 June 1988 Trade and Commercial and Economic Cooperation Agreements (TCA s) with the COMECON Countries 1989

6 The EEC/Euratom-USSR TCA 1989 Signed 18 December 1989 in Brussels Entered in force since 1 April 1990 Still in force in relations between Russia and the Euratom (as well as in the EU-Belarus and the EU-Turkmenistan relation)

7 The EEC/Euratom-USSR TCA 1989 Preamble 26 Articles 6 Titles 3 Annexes Joint declaration Official letters

8 The EEC/Euratom-USSR TCA 1989 The MFN Progressive abolition of 'specific quantitative restrictions' Diversification of mutual trade Stimulation for the business activity between individuals

9 Impact of the EEC/Euratom-USSR TCA 1989 on the PCA The MFN Duration Dispute settlements Guarantees for individuals

10 The EU-Russia PCA Signed 24 June 1994 in Korfu Entered in force since 1 November 1997

11 Parties of the EU-Russia PCA EC ECSC Euratom Member States Russian Federation

12 Duration of the EU-Russia PCA This Agreement is concluded for an initial period of 10 years. The Agreement shall be automatically renewed year by year provided that neither Party gives the other Party written notice of denunciation of the Agreement at least six months before it expires.

13 Pattern agreement Partnership and Cooperation Agreements have been concluded by the European Union with all the C.I.S. countries PCAs with Belarus and Turkmenistan have not entered into force.

14 Framework agreement The PCA provisions need further development within the framework of special bilateral agreements on separate issues Some of its articles laid down the necessity of concluding such agreements

15 Specific for the EU Mixed agreement Asymmetric nature

16 Specific for Russia Regarding the actors of the relations the partnership is arranged in the PCA not solely as sphere of International Law Regarding the subject of the relations founded by the PCA the partnership expects a transposition of the accent in international treaty from political level to economic level Regarding the spheres of the partnership it expects hard and large activities, conditioned by its purposes and aims Regarding the legal methods for the partnership the PCA distinguishes the specific of its provisions in details

17 Content of the EU-Russia PCA Preamble 112 Articles 11 Titles 10 Annexes 5 Protocols Joint declarations

18 Content of the EU-Russia PCA General provisions Goods, persons, services and capitals Horizontal provisions Institutional provisions

19 General provisions of the PCA Preamble Objectives (Art. 1) Principles (Art. 2 to 5) General provisions of Title XI of the PCA

20 Trade in Goods within the PCA Common scopes Special scopes

21 Trade in Goods within the PCA (common scopes) The WTO treatment mutatis mutandis The MFN Prohibition of discriminatory taxation Freedom of transit Elimination of quantitative restrictions

22 Trade in Goods within the PCA (special scopes) Trade in textile (Art. 20) Trade in steel (Art. 21) Trade in nuclear materials (Art. 22) Trade in energy (Art. 105)

23 Persons, services and capitals The WTO rules The MFN Double taxation (Art. 49)

24 Persons (Nationals) Access to Justice (Art. 98) Non-discrimination for workers (Art. 23) Simplification of movement for: Businessmen (Art. 26) Key personnel (Art. 32) Representatives of service supplier (Art. 37) Possibility for partnership between Russia and the Member States (Arts. 109, 24)

25 Persons (Establishment) The MFN for (Art. 28): Companies Subsidiaries Branches The National treatment as potential aim (Art. 34) Exemptions: Financial services Transport

26 Services The MFN (Art. 36) and the GATS treatment General scopes (Annex 5) Special scopes: Maritime transport Rail Road transport Space launching Mobile Satellite communications

27 Capitals and payments (Art. 52) Free movement of current payments Free movement of direct investments

28 Horizontal provisions of the PCA Provisions corresponding the movement of goods, persons, services and capitals Provisions on horizontal economic cooperation Provisions in other fields

29 Horizontal provisions corresponding the movement of goods, persons, services and capitals Custom cooperation (Art. 78) Standards and conformity assessment; consumer protection (Art. 60) Education and training (Art. 63) Social cooperation (Art. 74) Small and medium-sized enterprises (Art.76) Space (Art. 67) Transport (Art. 70) Postal services and telecommunications (Art. 71) Financial services (Art. 72) Tourism (Art. 75) Communication, informatics and information infrastructure (Art. 77) Investment promotion and protection (Art. 58) Cooperation in the field of regulation of capital movements and payments in Russia (Art. 83)

30 Provisions on horizontal economic cooperation Economic coordinations (Arts. 56, 80) Industrial cooperation (Art. 57) Mining and raw materials (Art. 61) Agriculture and the agro-industrial sector (Art. 64) Energy and nuclear energy (Arts. 65, 66) Construction (Art. 68) Regional development (Art. 73) Statistic (Art. 79) Competition (Art. 53) Public procurement (Art. 59)

31 Horizontal provisions in other fields Technical assistance (Arts. 86 to 89) Intellectual property (Art. 54, Annex 10) Environment (Art. 69) R&D (Art. 62) Culture (Art.85) Criminal matters (Arts. 81, 82, 84) Approximation of law (Art. 55)

32 Institutional provisions of the PCA Political Dialogue Twice in year at the Summit level At the ministerial level in other ocassions biannual meetings at senior official level taking full advantage of diplomatic channels, any other means, including the possibility of expert meetings, which would contribute to consolidating and developing this dialogue Political dialogue at parliamentary level take place within the framework of the Parliamentary Cooperation Committee The PCA institutional structures: the Cooperation Council the Cooperation Committee the Parliamentary Cooperation Committee

33 Modern Institutional Framework of the EU-Russia Strategic Parnership Sectoral Dialogues Strategic Partnership Institutional Structures: the Permanent Partnership Council Working groups the Parliamentary Cooperation Committee

34 Meaning of the PCA -it marked the start of a turn toward a qualitatively new relationship between recent adversaries in the Cold War, toward relations of partnership and cooperation; -it provided the political and legal framework for these relations, determined their principles and goals, the main areas of constructive interaction and established the institutes of cooperation; -during the effective period of the PCA the Parties covered a considerable distance from the founding document and early political declarations to real cooperation in various areas of the economy, politics and culture, accumulated a vast practical experience of joint work and significantly improved mutual understanding and mutual confidence; -a logical consequence of the progress achieved on the basis of PCA was the agreement between the Parties to lend their relations the character of strategic partnership.

35 Why the EU and Russia need the new treaty? Russia has created the foundation of a market economy; the country has entered a period of economic growth, Russia joined the WTO; The EU has created an economic and monetary union, introduced the single currency, the euro, increased its membership from 15 to 27, created mechanisms of a common foreign policy and a common security and defense policy. Humanity has become convinced that the Cold War has been replaced not by harmony and peace among nations, but by a new wave of violence which has assumed the form of regional wars, ethnic conflicts, international terrorism and transnational crime; The relations of partnership and cooperation between the EU and Russia have become daily practice. Moreover, their joint initiative - of creating four "common spaces" in the future - elevates the relations between the partners to a qualitatively new level.

36 Four variants for the development of the EU-Russia contractual basis Extending the PCA as stipulated under the Agreement's Article 106 until such time as the Parties deem it practicable to replace it with a new agreement. Introducing amendments and additions to the existing text of the PCA to take into account the modern level of "partnership" and real prospects of the development of relations for years. Preparing a new agreement to fully supersede PCA as soon as it is signed and ratified by Russia, the European Union and its Member States. Swiss model of integration a la carte

37 Two concepts of a new treaty Concept RUE Concept SVOP

38 Official initiative 2006 Russian initiative in spring of 2006 The negotiations opened in july pauses: Poland-Lithaunia South Ossetia conflict Modern circumstances

39 The New Basic Agreement Act of lex generalis Mixed agreement Should reflect the integrational luggage between the EU and Russia

40 European proposals Common values FTA Plus Energy provisions

41 Russian proposals New institutional framework The Four Common Spaces Investment guarantees

42 Structure of the NBA General provisions Common economic space Common space of freedom, security and justice Common space of foreign security Common space of education and science, including cultural aspects Institutional and final provisions

43 Modern circumstances Russia joined the WTO Russia is planning to join the OECD Russia started the processes in the Framework of the EurAsEC Russia launched the negotiations on the FTA with the EFTA countries in 2010 Russia is proposing the concept of the common market from Lisbon to Vladivostok

44 Review Was the Soviet Union/Community Agreement an agreement on partnership by its nature? When had the term of the Soviet Union/Community agreement expired? When was the PCA signed? When did the PCA came into force? What is the basic idea of trading provisions of the PCA? Are the institutional provisions of the PCA actual for the strategic partnership? Is the PCA still into force after the Russia's WTO accession? When did the negotiations on a new basic agreement between Russia and the EU start?

45 The End of the Sections 3