RESOLUTION OF BUREAU OF INTER-PARLIAMENTARY ASSEMBLY OF EURASIAN ECONOMIC COMMUNITY

of May 13, 2009 No. 8

About Recommendations about harmonization of the legislation of state members of EurAsEC in the field of regulation and functioning of the market of products of livestock production (on the basis of the comparative and legal analysis of national legal systems)

The bureau of Inter-parliamentary Assembly decides:

1. Approve the draft of Recommendations about harmonization of the legislation of state members of EurAsEC provided by the Permanent commission of MPA on agro-industrial policy, environmental management and ecology in the field of regulation and functioning of the market of products of livestock production it (is applied).

2. Submit Recommendations in parliaments of state members of EurAsEC and Integration Committee for use in work on harmonization of national legal systems and enhancement of the legal base of Community.

Appendix to the resolution of EurAsEC MPA Bureau of May 13, 2009 No. 8

Recommendations about harmonization of the legislation of state members of EurAsEC in the field of regulation and functioning of the market of products of livestock production (on the basis of the comparative and legal analysis of national legal systems)

The purpose of this document is preparation of suggestions for improvement and harmonization of the legislation of state members of EurAsEC in the field of regulation and functioning of the market of products of livestock production taking into account international experience and the conventional international standards.

Following the results of the carried-out comparative and legal analysis of provisions of national legal systems of state members of EurAsEC it should be noted that the sphere of regulation and functioning of the market of products of livestock production of state members of EurAsEC is regulated mainly within three main Sections of the national legal system:

- breeding livestock production;

- veterinary science;

- selection achievements.

For the purpose of implementation of provisions of agreements of the WTO it is recommended to carry out work according to the following principles to national legal systems of state members of EurAsEC:

* formalization and openness of the procedure of decision making by state agencies in the field of livestock production and veterinary science;

* priority of less tough forms of ensuring compliance before more tough (obligatory certification shall be rather exclusive, but not regular method of confirmation of conformity);

* in the legislation the procedure for responsibility of state bodies and officials for the losses caused to physical persons or legal entities shall be determined;

* veterinary and sanitary measures shall be based on scientific data, objective assessment of the situation;

* veterinary and sanitary measures shall be based, including, on risk degree assessment; within measures for rapprochement of the veterinary and livestock legislation of the countries of EurAsEC with regulations of the WTO introduction of the concept "risk degrees" and its assessment is especially important - according to regulations of the WTO the veterinary and sanitary measures taken by importing countries directly are lashed to assessment by them of risk of drift/distribution of causative agents of diseases, and as units of measure of risks different indicators can be used;

* veterinary and sanitary measures cannot be used for artificial restriction of trade, discrimination of goods on country of source or other protectionist purposes;

* veterinary and sanitary measures shall be adapted for regional conditions and shall consider zonality of spread of infectious diseases;

* veterinary and sanitary measures shall not differ significantly from international standards, in case of their difference they are subject for publication for the notification of concerned parties;

* requirements for veterinary supervision shall be established in the limits providing accomplishment of veterinary sanitary standards and shall be single for domestic and import goods.

Proceeding from the above provisions for the purpose of standardization of the legislation in the considered sphere it is recommended:

I. Regarding regulation of selection achievements in the livestock sphere:

1. To the Republic of Belarus and the Republic of Tajikistan to develop and adopt the national laws regulating questions of selection activities in this sphere.

2. To the Republic of Kazakhstan, the Republic of Tajikistan and the Republic of Uzbekistan to consider the possibility of accession to the International convention on protection of selection achievements.

3. Harmonize conceptual framework: determinations of basic concepts on which the laws on selection achievements of state members of EurAsEC are based. In particular, it is necessary to reduce to a common denominator the concept "breed", basic for this law. Discrepancies exist as in determination of the quantity of individuals necessary for breed forming (the laws of the Republic of Belarus and Kazakhstanakolichestvo of individuals shall be sufficient for reproduction "in itself"; the Laws of the Russian Federation, Kyrgyzstan - breed can be provided by individual or breeding material), and in understanding of what is the protected category of breed (the protected categories of breed are: type, cross-country, the line - the laws of Kazakhstan, the Russian Federation; type, the factory line, cross-country the line and family - the law of Kyrgyzstan; pedigree group, intra pedigree (zone) type, factory type, the factory line, family, partenoklona, lines, hybrids - the law of Uzbekistan).

4. Consider the possibility of amending national legal systems regarding establishment of the unified effective periods of patents for selection achievements:

- establish the single requirement to effective date of patents (action of the patent begins from the date of registration of achievement in the state register of the protected selection achievements and patent grants - the laws of the Republic of Belarus, the Russian Federation, Tajikistan, Kyrgyzstan; from the date of application in the expert organization - the law of Kazakhstan; from the date of the publication of data on registration of selection achievement in the statement of Patent authority - the law of Uzbekistan);

- establish single effective period of the patent (patent effective period according to the law of Tajikistan - 15 years; The Republic of Belarus, Uzbekistan - 20 years; Kazakhstan, the Russian Federation - 30 years; Kyrgyzstan - 35 years);

- To the Russian Federation and Kyrgyzstan to provide possibility of prolongation of action of the patent in the law (the laws of the Republic of Belarus, Kazakhstan, Tajikistan and Uzbekistan provide such opportunity);

- To the Republic of Kazakhstan to bring into accord with the laws of other members of EurAsEC the terms established for determination of novelty of selection achievement, namely - that for date of application breeding material was not on sale/was transferred by the author and his legal successor or from their consent for use of grade to territories of the country for 1 year, abroad - for 4 years (now in the law of the Republic of Kazakhstan fixed terms: in the territory of the country 1 year, abroad - 6 years);

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