of May 13, 2009 No. 10-16
About Recommendations about harmonization of the legislation of state members of EurAsEC in the field of ensuring food security (on the basis of the comparative and legal analysis of national legal systems)
The inter-parliamentary Assembly decides:
1. Approve provided by the Permanent commission of MPA on agro-industrial policy, environmental management and ecology of the Recommendation about harmonization of the legislation of state members of EurAsEC in the field of ensuring food security (are 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.
Inter-parliamentary Assembly M. Ubaydulloyev
Appendix to the resolution MPA of EurAsEC of May 13, 2009 No. 10-16
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 ensuring food security taking into account international experience and the conventional international standards.
Reducing the state support of agro-industrial complex in member countries of EurAsEC promoted decrease as production volumes of the products of agricultural industry and mutual trade in agricultural goods between the Community countries, and to the sharp growth of share of import products in the food markets of the states which in some cases differed in low quality.
For the purpose of comparison of regulations of the legislation of state members of EurAsEC in the field of ensuring food security the comparative and legal analysis of provisions of national regulatory legal acts of the countries of Community was carried out. Following the results of the conducted research it should be noted the following:
1. International treaties and the agreements signed by heads of states and other authorized bodies of the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan and the Republic of Uzbekistan contain mainly the general approaches and provisions providing coordination of activities of the states of Community in the field of food security.
2. According to the Concept of the agro-industrial policy of state members of Eurasian economic community approved by the decision of Interstate council EurAsEC of March 24, 2005 No. 204, achievement of food security of each state and Community in general shall be based on dynamic development of all spheres of agro-industrial complex, increase in its efficiency and competitiveness.
3. The agreement of the World Trade Organization on agricultural industry considers food security as necessary uncommercial question of legal regulation of international trade, but at the same time, the specified agreement, first of all, is directed to trade liberalization by food that often contradicts the purposes of ensuring food security both each state separately, and Communities in general.
4. In state members of EurAsEC at the legislative level actually there are no uniformly fixed bases of food security of the state: determination of concept food security, accurate criteria, measures and mechanisms of ensuring food security except for aspect of regulation of quality and safety of foodstuff. It should be noted that the national laws regulating genetically engineered activities at the time of carrying out the comparative and legal analysis are accepted only in the Republic of Belarus and the Russian Federation.
5. The national legal system of state members of EurAsEC constructs system of the state bodies responsible for determination of product quality at all stages of its production and realization. The control system behind movement of products including crossing of borders is determined. Thus, the national legal system of the countries of Community corresponds to the concept of the Agreements signed within EurAsEC though requires further adaptation to requirements of the WTO.
In view of the above, and also the fact that the system of the precepts of law regulating the sphere of ensuring food security has complex and multidimensional character including regulations of the legislation on sanitary, phytosanitary measures in trade, about veterinary science, about quality and safety of food products, about development of agricultural industry and agro-industrial complex is recommended:
1. Based on provisions of the Concept of agro-industrial policy of state members of EurAsEC of 24:03. 2005, to develop the concept of food security within Eurasian economic community and to reflect in it:
- interpretation of food security, considering need of demand forecasting and product offering of food in the market in case of its providing;
- task of ensuring compliance of foodstuff to single medical, sanitary and phytosanitary standards;
- criteria for evaluation of level of food security, main of which to determine physical and economic availability of food to the population, and also quality and safety of food;
- the existing and potential hazards of food security of the certain countries and Community in general among which it should be noted unambiguously such as condition of agro-industrial complex of the countries and condition of the entry of the countries into the World Trade Organization (requirements of reducing support of the AIC, decrease in barriers of access to the market, etc.);
- the directions of cooperation of the countries of Community in the field of ensuring food security;
- legal and organizational mechanisms of ensuring food security;
- need of optimization of financial resources for the operational solution of the questions connected with prevention of destabilization of food supply of the state and Community in general (creation of financial provision), and also with creation of the state food reserve;
- need of ensuring socially unprotected categories of the population of the state with food. The corresponding objectives are offered to be achieved within rendering at the expense of the public budgetary funds of support to needy categories of the population.
2. The purposes of growth in volumes of deliveries of products made in the states of Community and decrease in share of import products will be promoted by enterprise integration of food complex with the companies of agro-industrial complex of state members of EurAsEC, including by consolidation of independent legal entities in the agro-industrial holdings performing production, conversion and delivery of agricultural products, raw materials and food. Development of integration and cooperation in the specified area is intended to exert positive impact on price stabilization.
3. Develop and adopt the national laws on food security in the Community countries. Within such legal act it is obviously necessary to establish:
- determination of the basic concepts, including food security, as state of the economy of the country in case of which access for all people at any time to the food meeting the necessary quality standards and safety in quantity and in assortment, necessary for healthy and active life of the population according to medical regulations is provided;
- tasks of ensuring food security, level of food security;
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