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The document ceased to be valid since  March 10, 2021 according to the Decision of Board of the Eurasian economic commission of February 2, 2021 No. 10

DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of November 14, 2017 № 152

About approval of Methodology of separation of obstacles in the domestic market of the Eurasian Economic Union on barriers, withdrawals and restrictions

According to article 28 of the Agreement on the Eurasian Economic Union of May 29, 2014 and within implementation of the subitem 10 of Item 43 of the Regulations on the Eurasian economic commission (appendix № 1 to the Agreement on the Eurasian Economic Union of May 29, 2014), and also in pursuance of the order of Council of the Eurasian economic commission of March 17, 2016 № 5 and orders of Council of the Eurasian economic commission of October 18, 2016 the №29 Board of the Eurasian Economic Commission solved:

1. Approve the enclosed Methodology of separation of obstacles in the domestic market of the Eurasian Economic Union on barriers, withdrawals and restrictions.

2. This Decision becomes effective after 30 calendar days from the date of its official publication.

Chairman of Board of the Eurasian economic commission
T. Sargsyan

Approved by the Decision of Board of the Eurasian economic commission of November 14, 2017 №152

Methodology of separation of obstacles in the domestic market of the Eurasian Economic Union on barriers, withdrawals and restrictions

1. This Methodology is developed according to article 28 of the Agreement on the Eurasian Economic Union of May 29, 2014 and within implementation of the subitem 10 of Item 43 of the Regulations on the Eurasian economic commission (appendix № 1 to the Agreement), and also in pursuance of the order of Council of the Eurasian economic commission of March 17, 2016 No. 5 and the order of Council of the Eurasian economic commission of October 18, 2016 №29 for the purpose of ensuring interaction of the Eurasian economic commission with public authorities of state members of the Eurasian Economic Union (further respectively – the Commission, state members, the Union) when forming the register of barriers, withdrawals and restrictions in the domestic market of the Union (further – the register) and determines criteria of separation of obstacles in the domestic market of the Union on barriers, withdrawals and restrictions. 

2. The concepts used in this Methodology mean the following:

"barriers" – the obstacles for free movement of goods, services, the capital, labor power within functioning of the domestic market of the Union which are not corresponding to the right of the Union;

"withdrawals" – the functioning of the domestic market of the Union provided by the right of the Union of exception (departure) regarding non-use by state member of general rules;

"restrictions" – the obstacles for free movement of goods, services, the capital, labor power within functioning of the domestic market of the Union which arose owing to lack of legal regulation of the economic relations which development is provided by the right of the Union.

Other concepts used in this Methodology are applied in the values defined by the Agreement and acts entering the right of the Union.

3. The obstacle is subject to reference to barrier if it does not meet the standards provided by the right of the Union.

4. The obstacle is subject to reference to withdrawal in case of its compliance to one of the following criteria:

a) the obstacle arose in view of the Union of exception (departure) of general rules of free movement of goods, services provided by the right (including organization and activities), the capital and labor power when functioning the domestic market of the Union;

b) the obstacle arose in view of the fact that are entered by state members (can be entered) measures according to the right of the Union, including unilaterally.

5. The obstacle is subject to reference to restriction in case of its compliance to one of the following criteria:

a) the obstacle resulted from lack of legal regulation of the economic relations in the right of the Union;

b) the obstacle arose in view of lack of normprav of the Union which development is provided by the right of the Union;

c) the obstacle is revealed in analysis result of law-enforcement practice, the Union which established contradiction between rules of law.

6. Obstacles are divided into barriers, withdrawals and restrictions on results of monitoring of execution with state members of provisions of the Agreement, the international treaties and acts constituting the right of the Union, monitoring of compliance of projects of regulatory legal acts of state members to provisions of the Agreement, the international treaties and acts constituting the right of the Union which is carried out by department of the Commission within which competence questions of functioning of the domestic markets are (further – authorized department), of samostoyateln initiative procedure or in connection with the available data on obstacles which arrived from state members, legal entities and physical persons according to subsection 7 of the Section III of the Regulations of work of the Euroasian economic commission approved by the Decision of the Supreme Euroasian economic council of December 23, 2014 №98 (further – Regulations), and also from structural divisions of the Commission.

7. For the purpose of preparation of materials concerning separation of obstacles into barriers, withdrawals and restrictions the authorized department performs the analysis of the data received according to Item 6 of this Methodology, prepares the conclusion about availability or about lack of signs of obstacles in the domestic market of the Union, interacts with state members, structural divisions of the Commission, Business council of the Eurasian Economic Union, business communities of state members, and also with other interested persons.

The authorized department generalizes data on obstacles and analyzes them jointly with structural divisions of the Commission by interaction according to the procedure, determined by the Rules of internal document flow in the Euroasian economic commission approved by the Decision of Board of the Eurasian economic commission of May 5, 2015 № 46.

In the presence of obstacle signs the authorized department gives impact assessment of barriers, withdrawals and restrictions for economies of state members.

8. Separation of obstacles into barriers, withdrawals and restrictions is performed by authorized department together with public authorities of state members in time, not exceeding 2 months from the date of preparation of the conclusion about availability or about lack of signs of obstacles in the domestic market of the Union.

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