CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
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agreement under which Transdniestrian companies engaged in cross-border
trade had to register in Chişinău in order to be issued documents indicating
the goods’ country of origin, in accordance with World Trade Organisation
protocols. Ukraine undertook to refuse to permit goods without such export
documents to pass across its border.
29. In what was seen as a response to these new customs measures,
Transdniestrian representatives refused to continue with the 5+2 talks.
Furthermore, in February and March 2005, “in response to the course of
action taken by the Moldovan Government aimed at worsening the situation
around Transdniestria”, the Russian Duma adopted resolutions asking the
Russian Government to introduce an import ban on Moldovan alcohol and
tobacco products; to export energy to Moldova (except Transdniestria) at
international rates; and to require visas for Moldovan nationals visiting
Russia, except residents of Transdniestria.
30. In April 2005 the Russian authorities banned imports of meat
products, fruits and vegetables from Moldova, on the ground that domestic
hygiene standards had not been complied with in the production of these
products. Between March 2006 and November 2007 a ban was placed on
importation of Moldovan wine. The International Monetary Fund found that
these measures had a combined negative effect on Moldova’s economic
growth of 2-3% annually in 2006-2007.
31. In January 2005 Mr Viktor Yushchenko was elected President in
Ukraine. In May 2005 the Ukrainian Government introduced a new
proposal for the resolution of the Transdniestrian conflict, “Towards a
Settlement through Democratization” (summarized in the report of the
Parliamentary Assembly of the Council of Europe: see paragraph 64 below).
In July 2005, citing the Ukrainian plan, the Moldovan parliament adopted a
law, “On the Basic Principles of a Special Legal Status of Transdniestria”.
Formal negotiations resumed in October 2005, with the European Union
(“EU”) and the United States of America participating as observers (referred
to as “the 5+2 talks”).
F. Russian military equipment and personnel in Transdniestria
32. On 20 March 1998 an agreement concerning the military assets of
the ROG was signed in Odessa by Mr Viktor Chernomyrdin, the Prime
Minister of the Russian Federation, and Mr Smirnov, “President of the
MRT”. According to the timetable annexed to the agreement, the
withdrawal and decommissioning of certain stocks, to be disposed of by
explosion or other mechanical process, was to be completed by
31 December 2001. The withdrawal (transfer and decommissioning) of
surplus ammunition and other Russian military equipment and personnel not
forming part of the peacekeeping forces was planned to take place by