State support of agriculture of the Eurasian Economic Union Member States
For the purposes of unified calculation of scope and level of measures of state support of agriculture the Commission’s Council approved the Methodology for Calculation of Permitted Level of Measures of State Support of Agriculture Producing a Distorting Effect on Mutual Trade of the EAEU Member States in Agricultural Products (Decision No. 163 of the Commission’s Council dd. October 18, 2016).
Pursuant to the Treaty, disputes concerning measures of state support of agriculture shall be settled by way of holding negotiations and consultations with the Commission’s participation. Currently, there is no practice in the EAEU for holding such disputes, nevertheless the adopted Recommendation No. 6 of the Commission’s Board dd. February 28, 2017 “On the Procedure for Arranging and Holding Negotiations and Consultations on Disputes Related to the Implementation of Agreed (Coordinated) Agricultural Policy Including Issues of State Support of Agriculture” will contribute to the resolution of an interstate dispute without necessity to submit it for consideration to the Court of the Eurasian Economic Union.
Pursuant to paragraph 82 of the Statute of the EAEU Court, upon consideration of disputes having as a subject the issues of granting measures of state support of agriculture, specialized groups shall be established. In compliance with paragraph 94 of the Statute of the EAEU Court, the Supreme Eurasian Economic Council adopted the Decision No. 29 dd. December 26, 2016 “On Payment of Services of Specialized Groups established by the Court of the Eurasian Economic Union in the Context of Consideration of Disputes Having as a Subject the Issues of Granting Industrial Subsidies, and Measures of State Support of Agriculture”. .
In case of violation of obligations in the field of state support of agriculture, the EAEU Member State pays to the other EAEU Member States a compensation in the amount equal to the scope of violation. The procedure for payment of the compensation is set by the Decision No. 7 of the Commission’s Council dd. January 13, 2017 “On the Procedure for Payment of Compensation in Case of Violation by the EAEU Member State of its Obligations in the Field of State Support of Agriculture”. .
The Agricultural Policy Department ensures in the sphere of state support of agriculture in compliance with Article 95 of the Treaty on the EAEU:
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conducting monitoring and comparative legal analysis of legislation of the EAEU Member States in the field of state support of agriculture with regard to its compliance with obligations within the Union. The Decision No. 160 of the Commission’s Board dd. November 21, 2017 approved the Regulations on Conducting Monitoring and Comparative Legal Analysis of Legislation of the EAEU Member States in the Field of State Support of Agriculture. In accordance with the Regulations the results of monitoring of legislation of the EAEU Member States are reviewed within the framework of the session of the Working Group on State Support of Agriculture at least once every three months; |
| rendering assistance in arranging consultations and negotiations on the issues of harmonization of the Member States’ legislation in the field of state support of agriculture, in particular, on the issues of disputes settlement related to the observance of obligations in the field of state support of agriculture; |
| preparing and presenting to the Member States overviews in the sphere of state support of agriculture with recommendations for increasing efficiency of state support of the agricultural sector. The EAEU Member States annually send to the Commission a notice on the state support of agriculture granted for the reporting period along with a notice on the planned state support of agriculture in the current year in compliance with the forms approved by the Decision No. 163 of the Commission’s Council dd. October 18, 2016. For the purpose of comprehensive assessment of the efficiency of state regulation of the agricultural market and state support of agriculture, the relevant Methodology has been developed approved by the Recommendation No. 11 of the Commission’s Board dd. April 24, 2017. Pursuant to the agreed methodological approaches, analytical work has been carried out resulting in some proposals for increasing efficiency of measures of state regulation of the agricultural market and state support of agriculture (Recommendation No. 28 of the Commission’s Board dd. November 27, 2017); |
| rendering assistance to the Member States on the issues related to the calculation of scope of state support of agriculture.. |
