Евразийское экономическое сообщество

AGREEMENT

between the Eurasian Economic Community

and the Commonwealth of Independent States

on vesting the Economic Court of the Commonwealth

of Independent States with the functions of the Court

of the Eurasian Economic Community

of 3 March 2004

The Eurasian Economic Community (hereinafter referred to as EurAsEC) represented by the EurAsEC Secretary General, and the Commonwealth of Independent States (hereinafter referred to as the CIS) represented by the Chairman of the CIS Economic Court, hereinafter referred to as Contracting Parties,

– implementing Resolution No. 123 of the EurAsEC Interstate Council, dated April 27, 2003, “On organizing operations of the Court of the Eurasian Economic Community”, and the Resolution of the Council of the Heads of State of the CIS, dated September 19, 2003, on vesting the Economic Court of the Commonwealth of Independent States with the functions of the Court of the Eurasian Economic Community,

– based on the provisions of Articles 3 and 8 of the Treaty on the Establishment of the Eurasian Economic Community, dated October 10, 2000 (hereinafter referred to as the Treaty), the Statute of the Court of the Eurasian Economic Community, approved by Resolution No.122 of the EurAsEC Interstate Council, dated April 27, 2003, and the Regulations of the Economic Court of the Commonwealth of Independent States, approved by the Agreement on the Statute of the Economic Court of the Commonwealth of Independent States, dated July 6, 1992,

– taking into account that all the member states of the EurAsEC are parties to the Agreement on the Statute of the Economic Court of the Commonwealth of Independent States, dated July 6, 1992,

– with a view to creating conditions for the prompt settlement of disputes arising from the application of international agreements and resolutions by the EurAsEC organs, in force within the EurAsEC,

– have agreed on the following:

Article 1

The CIS Economic Court (hereinafter referred to as the Economic Court) shall ensure on a temporary basis, until the establishment of the Court of the Eurasian Economic Community (hereinafter referred to as the Community Court) the uniform application of the Treaty, other international treaties and resolutions by the EurAsEC organs, in force within the EurAsEC.

Article 2

The Economic Court shall adjudicate interstate disputes of an economic character arising from:

the application of the Treaty and other international treaties in force within the EurAsEC and the decisions taken by the EurAsEC organs;

the fulfillment of obligations laid down by the international treaties in force within the EurAsEC and by the decisions taken by the EurAsEC organs.

The jurisdiction of the Economic Court may cover other disputes stipulated by the international treaties in force within the EurAsEC.

The Economic Court shall adjudicate disputes at the request of the interested EurAsEC member states represented by their governments.

Article 3

The Economic Court shall interpret the provisions of international treaties in force within the EurAsEC and the decisions taken by the EurAsEC organs.

The Court shall give its interpretation in respect of concrete cases and at the request of the EurAsEC member states, the Interstate Council, the Interparliamentary Assembly and the EurAsEC Integration Committee.

Article 4

Cases shall be tried by the Economic Court judges in accordance with the procedure stipulated by the Economic Court Rules of Procedure except where otherwise laid down by this Agreement.

Article 5

A decision on disputes shall be deemed taken if it has been voted on by at least two-thirds of the total number of appointed and acting judges of the Economic Court.

After adjudicating a dispute, the Economic Court shall pronounce a judgment including recommended measures for its implementation.

The judgments by the Economic Court shall be final.

Every EurAsEC member state shall commit itself to implementing a judgment of the Economic Court in a case to which it is a party.

Article 6

In order to implement the provisions of the present Agreement, the Economic Court shall be entitled to:

ask the EurAsEC member states and organs for documents required for adjudications;

participate in the EurAsEC organs’ work;

receive copies of agreements, resolutions and other deeds by the EurAsEC organs from the depository – the EurAsEC Integration Committee.

Article 7

The Economic Court judgments shall be published without fail in the EurAsEC publications and mass media of the EurAsEC member states.

Article 8

Legal recourses to the Economic Court shall not be subject to a levy. The procedure for reimbursing the costs shall be established by the Economic Court.

Article 9

Issues related to the application or interpretation of this Agreement shall be resolved by the Contracting Parties by mutual consultations and negotiations.

Article 10

This Agreement shall take effect on the date of signature and it shall remain in force until one of the Contracting Parties takes a decision committing the Economic Court to stop fulfilling the functions of the Community Court and duly notifies the other Contracting Party thereof.

The Agreement shall cease to be in force six months after the date of receipt of the above notification by the other Contracting Party.

Article 11

This Agreement may be subject to amendments which shall be formalized as a separate protocol forming an integral part of this Agreement and taking effect in accordance with the procedure stipulated in Article 10 thereof.

Done at Minsk on March 3, 2004 in two originals in Russian, all texts being equally authentic. The originals are deposited with the Integration Committee of the Eurasian Economic Community and in the Executive Committee of the Commonwealth of Independent States.

For the Eurasian

Economic Community                                        G. Rapota

For the Commonwealth

of Independent States                                       A. Kerimbayeva