Proposal for a Council Decision to supply the Cooperation Council with all relevant information required for a thorough examination of the situation in respect of the import ban imposed by the Russian Federation on fresh eggs for human consumption originating in the European Community
Date: 2000-07-06
Institutions: European Commission
Subjects: Association Council (EU), Russia, egg, human nutrition, import restriction

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 06.07.2000
COM(2000) 388 final

2000/0166 (ACC)

Proposal for a

COUNCIL DECISION

to supply the Cooperation Council with all relevant information required for a
thorough examination of the situation in respect of the import ban imposed by the
Russian Federation on fresh eggs for human consumption originating in
the European Community

(presented by the Commission)

1.

2.

3.

4.

5.

6.

EXPLANATORY MEMORANDUM

In May 1996, Finland was informed by the Russian authorities, without explanation,
that imports into Russia of fresh eggs for human consumption (CN 0407 00 30)
were prohibited.

It was later explained that the ban was applicable to all third countries (erga omnes)
and that it was based on human health protection considerations, in accordance with
Article 19 of the Partnership and Cooperation Agreement (PCA). However, Russia
has been unable to provide evidence of health risks, and imports into Russia of fresh
eggs originating in the United States have increased substantially since the
introduction of the ban.

the ban constitutes a disguised
Without evidence of human health problems,
restriction on trade between the Parties. As such,
it violates the provisions of
Article 15(2) of the Agreement, which stipulates that goods originating in the
Community shall be imported into Russia free of quantitative restrictions.

in

on

on

ban

eggs

1998,

1998,

import

originating

Consultations on the Russian
the
Community have been held on several occasions on the basis of Article 102 of the
the
PCA (e.g. during the first Cooperation Council on 27 January 1998,
first Cooperation Committee
on
consultations
22 April
15 September
1998,
second Cooperation Committee
first Sub-committee on Agriculture 8-9 February 1999, third Cooperation Committee
in October 1999 and at meetings of the trade and industry Sub-committee).
to the
The Commission has also transmitted aide-mémoires on the subject
despite
Russian authorities,
response.
Russian agreement,
in the framework of negotiations on the Memorandum of
Understanding on free deliveries of food products from the Community to Russia, to
advance formal consultations on the import ban on eggs to resolve the problem
swiftly, no solution has yet been found.

in December

Moreover,

technical

adequate

without

Following the entry into force of the Russian import ban on eggs, the Community’s
operators have suffered substantial economic losses due to the fact that they no
longer are able to export fresh eggs to Russia. In order to protect the Community’s
interest,
the Commission proposes that measures be taken to sanction the
Russian import ban on eggs.

the Cooperation Council

The European Commission considers that the Russian Federation has failed to fulfil
its PCA obligations with regard to trade in fresh eggs. Article 107.2 of the PCA
provides that appropriate measures may be taken, in the event that either Party
considers that the other Party has failed to fulfil an obligation under the Agreement.
Before so doing,
is to be supplied with all relevant
information required for a thorough examination of the situation with a view to
seeking a solution acceptable to the Parties. The letter in annex sets out
the
including the considerable efforts expended, without
background to the issue,
success, on attempts to find a solution by means of consultations. It sets out that, in
the event that an acceptable solution is not found within one calendar month of the
date of the letter, the Community will take appropriate, proportionate, measures in
order to sanction the failure of the Russian Federation to fulfil its PCA obligations.

2

7.

The Council is requested:

–

to adopt the proposed Decision to supply the Cooperation Council with all
relevant information required for a thorough examination of the situation in
respect of the import ban imposed by Russia on fresh eggs for human
consumption originating in the European Community, with a view to seeking a
solution acceptable to the Parties;

–

to sign the draft letter to the Chairman of the Cooperation Council in annex.

3

2000/0166 (ACC)

Proposal for a

COUNCIL DECISION

to supply the Cooperation Council with all relevant information required for a
thorough examination of the situation in respect of the import ban imposed by the
Russian Federation on fresh eggs for human consumption originating in
the European Community

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article 133 thereof,

Having regard to Council and Commission Decision 97/800/EC, ECSC, Euratom of
30 October 1997 on the conclusion of the Partnership and Cooperation Agreement between
the European Communities and their Member States, of
the one part, and the
Russian Federation, of the other part1,

Having regard to the proposal from the Commission2,

Whereas:

(1)

(2)

(3)

The Partnership and Cooperation Agreement between the European Communities and
their Member States, of the one part, and the Russian Federation, of the other part3
(hereinafter referred to as “the Agreement”) lays down as one of the main objectives
the promotion of trade and investment and harmonious economic relations between
the Parties.

This objective is seriously threatened by the import ban on eggs originating in the
Community, introduced by the Russian Federation in May 1996.

The import ban has been justified by the Russian Federation on the basis of the need to
protect the health and life of humans, animals or plants, in accordance with Article 19
of the Agreement, which specifies that the Agreement does not preclude prohibitions
or restrictions, inter alia, on imports, on those grounds. Article 19 states, however, that
to constitute a means of arbitrary
restrictions are not
such prohibitions or
discrimination or a disguised restriction on trade between the Parties.

1

2

3

OJ L 327, 28.11.1997, p. 1.
OJ C
OJ L 327, 28.11.1997, p. 3.

4

(4)

(5)

(6)

(7)

The Russian authorities have provided no evidence that the import ban on eggs
originating in the Community is justified by the need to protect the health and life of
humans, animals or plants. The Russian import ban on eggs therefore constitutes a
disguised restriction on trade between the Parties with a substantial negative economic
impact on the Community. As such, it violates Article 15(2) of the Agreement, which
stipulates that goods originating in the Community are to be imported into Russia free
of quantitative restrictions.

Consultations held between the Parties at the request of the Community on the basis of
Article 102 of the Agreement to discuss the interpretation and implementation of the
Agreement, and in particular Article 19 and Article 15(2) thereof, have not led to any
adequate solution.

that either Party considers that

According to Article 107(2) of the Agreement, appropriate measures may be taken
the other Party has failed to fulfil
in the event
the
the Agreement. The Community
its obligations
Russian Federation, by restricting seriously Community exports of fresh eggs, has
failed to fulfil
its obligations under the Agreement. Appropriate measures may
therefore be taken.

considers

under

that

except

in cases of

However, under Article 107(2),
the
Cooperation Council should be supplied with all relevant information required for a
thorough examination of the situation with a view to seeking a solution acceptable to
the Parties
the
Russian Federation to fulfil its obligations under the Agreement with regard to trade in
eggs does not constitute a case of special urgency, as defined by the Joint Declaration
in relation to Article 107 and the Joint Declaration in relation to Article 107(2)
annexed to the Final Act of the Agreement,

appropriate measures

special urgency,

taken. The

failure

before

are

of

HAS DECIDED AS FOLLOWS:

Sole Article

The Community shall supply the Cooperation Council with all relevant information required
for a thorough examination of the situation in regard to the failure by the Russian Federation
to fulfil its obligations under the Agreement on Partnership and Cooperation establishing a
partnership between the European Communities and their Member States, of the one part,
and the Russian Federation, of the other part,
in respect of trade in fresh eggs for
human consumption, by means of the letter from the Community to the Chairman of the
Cooperation Council which is set out in the Annex.

Done at Brussels,

For the Council
The President

5

Draft letter from the European Community to the Chairman of the Cooperation Council
with the Russian Federation

ANNEX

Sir,

Subject:

Failure of the Russian Federation to fulfil
its obligations under the
Partnership and Cooperation Agreement in regard to trade in fresh eggs
for human consumption

The Agreement on Partnership and Cooperation establishing a partnership between the
European Communities and their Member States, of the one part, and the Russian Federation,
of the other part (PCA)1, lays down as one of its objectives the promotion of trade and
investment and harmonious economic relations between the Parties. This objective is
threatened by the Russian import ban on eggs originating in the European Community,
introduced in May 1996.

The import ban has been justified by the Russian Federation on the basis of the need to
protect the health and life of humans, animals or plants, in accordance with Article 19 of the
PCA, which specifies that the PCA does not preclude prohibitions or restrictions, inter alia,
on imports, on those grounds. Article 19 states, however, that such prohibitions or restrictions
shall not constitute a means of arbitrary discrimination or a disguised restriction on trade
between the Parties.

The Russian authorities have provided no evidence that the import ban on eggs originating in
the European Community is justified by the need to protect the health and life of humans,
animals or plants. The Russian import ban on eggs is therefore considered to constitute a
disguised restriction on trade between the Parties. As such, it violates Article 15(2) of the
PCA, which stipulates that goods originating in the European Community are to be imported
into Russia free of quantitative restrictions.

a

consequence

As
European Community’s exports of
substantial negative economic impact on the European Community.

the
the Russian
fresh eggs have been seriously restricted, with a

the measure

Federation,

taken

by

of

The European Community has on several occasions raised its concerns with the Russian
authorities in an attempt to find a solution, including at meetings of the Cooperation Council
and Committee and at meetings of the Sub-committees dealing with trade and industry and
with agriculture. In addition, consultations have been held between the Parties at the request
of the Community on the basis of Article 102 of the PCA to discuss the interpretation and
thereof.
implementation of the PCA, and in particular Article 19 and Article 15(2)
Unfortunately, these consultations have not led to any adequate solution.

The European Community considers that the Russian Federation has failed to fulfil its
obligations under the PCA in respect of trade in fresh eggs. Article 107(2) of the PCA
provides that appropriate measures may be taken, in the event that either Party considers that
the other Party has failed to fulfil its obligations under the PCA. Before so doing, however,
except in cases of special urgency, the Cooperation Council is to be supplied with all relevant

1

OJ L 327, 28.11.1997, p. 1.

6

information required for a thorough examination of the situation with a view to seeking a
solution acceptable to the Parties. The failure of the Russian Federation to fulfil its obligations
under the PCA with regard to trade in eggs does not constitute a case of special urgency, as
defined by two Joint Declarations annexed to the Final Act of the PCA.

The European Community hereby seeks to supply information to the Cooperation Council
with a view to seeking a solution acceptable to the Parties, in accordance with Article 107(2)
of the PCA.

The European Community therefore invites the Russian Federation to remove forthwith the
ban on imports into the Russian Federation of fresh eggs for human consumption originating
in the Community, which is in breach of the PCA, or to provide convincing scientific
evidence that the ban is justified on health grounds.

The European Community further takes this opportunity to inform the Cooperation Council of
its intention, in the event that an acceptable solution, in the form of elimination of the import
ban in breach of the PCA or provision by the Russian authorities of convincing scientific
evidence that the ban is justified on health grounds, is not forthcoming within one calendar
month of the date of this letter, to take appropriate and proportionate measures in order to
respond to the failure of the Russian Federation to fulfil its obligations under the PCA.

I would be grateful if you could transmit this letter to members of the Cooperation Council as
foreseen under Article 7 of the Rules of Procedure.

Yours faithfully,

For the Council of the European Union

For the European Commission

The President

The Commissioner for External Relations

7