Agreement on the Commission of the Customs union
of October 6, 2007
The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation which further are referred to as Parties
based on the Constitutive treaty of Eurasian economic community of October 10, 2000,
agreed as follows:
The parties establish the Commission of custom union (further - the Commission) as single permanent regulating authority of custom union.
The main objective of the Commission is providing operating conditions and development of custom union.
The commission performs the activities on the basis of the following principles:
voluntary step-by-step transfer of the Commission of part of powers of state bodies of the Parties;
ensuring mutual advantage and accounting of national interests of the Parties;
economic justification of the made decisions;
openness, publicity and objectivity.
The commission performs the activities within the powers provided by this agreement, other international treaties between the Parties, and also decisions of the supreme body of custom union.
The Commission includes about one representative from each Party who is the deputy prime minister or the member of the government given necessary authority. Agents of the parties work in the Commission at permanent basis.
The structure of the Commission affirms the supreme body of custom union.
The number of members of the commission from each Party and their status can be changed after completion of forming of custom union.
Commission sessions are held at least once a month. At the request of at least one representative of the Parties emergency meetings of the Commission can be held.
Presidency in the Commission is performed serially according to the procedure, established by the supreme body of custom union.
Rules of procedure of the Commission affirm the supreme body of custom union.
The commission performs the following functions:
performs the decisions made by the supreme body of custom union;
performs monitoring of execution of international treaties on forming of custom union;
develops with the assistance of the governments of the Parties of the recommendation for the supreme body of custom union concerning forming and functioning of custom union;
provides implementation of the international treaties creating the contractual legal base of custom union within the powers;
renders assistance to the Parties in dispute settlement within custom union before appeal to the court of Eurasian economic community;
performs government relations of the Parties within the powers;
performs functions of depositary of international treaties on forming of custom union.
The procedure and conditions of implementation by the Commission of functions in specific spheres of its activities are determined by separate international treaties between the Parties.
For the purpose of ensuring effective functioning of the Customs union and its bodies the Commission has the right to create coordinating and consultative bodies for consideration of offers and approval of line items of state members of the Customs union on single questions, and also for preparation of the corresponding recommendations for the Commission.
The commission within the powers makes the decisions having binding character for the Parties.
The commission can accept the recommendations which do not have binding character.
Each member of the commission has rights of one voice. Decisions of the Commission are made by a simple majority vote, and decisions on sensitive questions are made by consensus. The list of the questions accepted by consensus affirms the supreme body of custom union according to the agreements creating the legal base of custom union.
Any Party has the right to make the offer on review of the decision of the Commission in the supreme body of custom union.
If in case of decision making the necessary poll was not gathered, the Commission has the right to submit question of the supreme body of custom union.
The decisions of the Commission having binding character become effective after thirty calendar days after day of their official publication, and in exceptional cases, requiring operational settlement, in the decision of the Commission other term of its introduction in force, but not earlier than date of official publication of such decision can be determined.
Financing of activities of the Commission is performed at the expense of contributions of the Parties in proportion to the number of votes which allocate the Parties in the Commission.
The commission can have the representations in state members of custom union.
The commission has the rights of the legal entity in the territories of all Parties.
The secretariat of the Commission (further - the Secretariat) is working body of the Commission.
Functions and structure of the Secretariat, number of its personnel and the status of officials are determined by the international treaty between the Parties, proceeding from functions of the Commission.
The secretariat performs the organization of work and information technical supply of work of the Commission.
Working language of the Commission is Russian.
The place of stay of the Commission is Moscow.
Conditions of stay of the Commission and its representations in the state of stay are determined by the separate contract between the Commission and the state of stay.
Clauses are not allowed to this Agreement.
Changes and additions which are drawn up by separate protocols can be made to this Agreement.
The disputes between the Parties connected with interpretation and (or) application of this Agreement are permitted by consultations and negotiations of concerned parties, and in case of default of agreement the dispute is submitted to Court of Eurasian economic community.
This Agreement is subject to ratification.
The procedure for the introduction of this Agreement in force, exit from it and accession to it is determined by the Protocol on procedure for entry into force of the international treaties directed to forming of the contractual legal base of custom union, exit from them and accessions to them from "____" to ____________ 200 __.
It is made in the city of Dushanbe on October 6, 2007 in one authentic copy in Russian.
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