DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of September 14, 2018 № 76

About approval of the Order of interaction between state members of the Eurasian Economic Union and the Eurasian economic commission for the purpose of elimination of rationing arrangements in trade with the third parties

For the purpose of implementation of article 39 of the Agreement on the Eurasian Economic Union of May 29, 2014 Council of the Eurasian economic commission decided:

1. Approve the enclosed Order of interaction between state members of the Eurasian Economic Union and the Eurasian economic commission for the purpose of elimination of rationing arrangements in trade with the third parties.

2. This Decision becomes effective after 10 calendar days from the date of its official publication.

Approved by the Decision of Council of the Eurasian economic commission of September 14, 2018 №76

Order of interaction between state members of the Eurasian Economic Union and the Eurasian economic commission for the purpose of elimination of rationing arrangements in trade with the third parties

I. General provisions

1. This Procedure is developed for the purpose of implementation of article 39 of the Agreement on the Eurasian Economic Union of May 29, 2014 and determines the procedure of interaction between state members of the Eurasian Economic Union (further respectively – state members, the Union) and the Eurasian economic commission (further – the Commission) within carrying out monitoring of rationing arrangements of the third party concerning state members and the Union and consultations with the third party for the purpose of elimination of such measures.

2. For the purposes of this Procedure concepts which mean the following are used:

"the restrictive measure of the third party concerning state member" – measure of the third party in the form of regulatory legal act (the draft of the act), rules, procedures, actions (failure to act) of officials or in other form if such measure contains signs of violation of the international obligations of the third party concerning state member or limits access of goods of state member to the markets of the third parties;

"restrictive measure of the third party concerning the Union" – measure of the third party in the form of regulatory legal act (the draft of the act), rules, procedures, actions (failure to act) of officials or in other form if such measure contains signs of violation of the international obligations of the third party concerning the Union.

3. Interaction between state members and the Commission for the purpose of elimination of rationing arrangements of the third parties is performed within the Advisory committee on trade (further – Committee).

II. Monitoring of rationing arrangements of the third parties concerning state members and (or) the Union

4. The commission carries out monitoring of rationing arrangements of the third parties concerning state members and (or) the Union within which it performs collection and information analysis about such rationing arrangements on the basis of the data received from available sources and provided by state members.

State members in the presence of sufficient information inform the Commission on the revealed rationing arrangements of the third parties concerning the state members and (or) the Union entered by the third parties on which bodies of the Union make the decision on negotiation according to drafts of international treaties in the field of trade or on forming of joint research group on studying of question of feasibility of agreement signature about free trade.

If during monitoring the Commission reveals introduction of rationing arrangements of the third parties concerning state members and (or) the Union or change in application of the operating rationing arrangements of the third parties concerning state members and (or) the Union, the Commission informs on it state members and in the presence of sufficient information represents offers on elimination of such measures.

5. The commission provides maintaining the register of rationing arrangements of the third parties concerning state members and the Union in the form approved by Board of the Commission, placement of the register in the mode of limited access on the official site of the Union and its updating on regular basis.

6. The commission annually prepares the report on rationing arrangements of the third parties concerning state members and the Union for the expired year containing information about the carried-out Commission together with state members to work on their elimination and relevant proposals of the Commission.

The commission approves the specified report with state members and sends them its final version in the I quarter of the year following reporting.

III. Consultations and other events held concerning elimination of rationing arrangements of the third parties concerning the Union

7. The commission together with state members holds consultations with the third party and participates in other actions with the third party in case of application or threat of application by this third party of rationing arrangements concerning the Union.

Consultations and other events with the third party are held at the initiative of the Commission, state members or on the offer of the third party.

8. If the Commission considers necessary carrying out consultations with the third party, the Commission sends to state members the relevant proposal with reasons.

State members provide information on the line items in the Commission within 10 working days from the date of receipt of the offer of the Commission.

9. If the offer on carrying out consultations with the third party arrives in the Commission from state member or the third party, the Commission sends information on all this to state members within 3 working days from the date of its obtaining.

State members provide information on the line items in the Commission within 10 working days from the date of receipt from the Commission of information on the arrived offers.

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