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Decision of Interstate Council of Eurasian economic community

of February 26, 2002 No. 39

About Regulations on procedure for approval of drafts of decisions of the governments of state members of Eurasian economic community concerning regulation of foreign trade activity and procedure for their acceptance

Interstate Council of Eurasian economic community solved:

1. Approve Regulations on procedure for approval of drafts of decisions of the governments of state members of Eurasian economic community concerning regulation of foreign trade activity and procedure for their acceptance it (is applied).

2. Recognize invalid decisions of Council of Heads of Government of the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation and the Republic of Tajikistan of April 28, 1998 by N20 and of October 6, 2000 N103.

Members of Interstate Council of EurAsEC:

 

From the Republic of Belarus

G. Novitsky

From the Republic of Kazakhstan

I. Tasmagambetov

From the Kyrgyz Republic

K. Bakiyev

From the Russian Federation

M. Kasyanov

From the Republic of Tajikistan A. Akilov

 

 

 

Approved by the decision of Interstate Council of Eurasian economic community of February 26, 2002 No. 39

Regulations on procedure for approval of drafts of decisions of the governments of state members of Eurasian economic community concerning regulation of foreign trade activity and procedure for their acceptance

1. The decision of the government of state member of Eurasian economic community (further - EurAsEC) concerning regulation of foreign trade activity is accepted after its approval of the governments of other state members of EurAsEC except as specified provided in the Item 14 of this provision, according to the procedure, established by this Provision.

2. Drafts of decisions of the governments of state members of EurAsEC on the following questions are subject to approval:

- establishments (change) of rates of import customs duties taking into account article 8 of the Agreement on the General customs tariff of the State Parties of the Customs union of February 17, 2000;

- establishments of quantitative restrictions, and also other measures of non-tariff regulation of export and commodity import.

To approval drafts of decisions of the governments and on other questions connected with regulation of foreign trade activity of state members of EurAsEC can be offered.

3. Decision making of state member of EurAsEC by the government concerning introduction of special protective, anti-dumping and countervailing measures in trade of state members of EurAsEC is performed according to the Protocol on the mechanism of application of special protective, anti-dumping and countervailing measures in trade of the State Parties of the Customs union of February 17, 2000.

4. Decision making of state member of EurAsEC by the government concerning introduction (change) of export customs duties is performed according to the Protocol on procedure for introduction and application of export customs duties by the State Parties of the Customs union of May 22, 2001.

5. Drafts of decisions are introduced to the governments of state members of EurAsEC according to their national legal system.

6. Previously approved draft decision of the government of state member of EurAsEC goes to the Secretariat of Integration Committee of Eurasian economic community (further - the Secretariat of Integration Committee of EurAsEC).

The government of state member of EurAsEC provides the Secretariat of Integration Committee of EurAsEC of this draft decision in five-day time.

The explanatory note proving need of decision making is attached to the draft decision.

The explanatory note to the draft decision, the tariff and non-tariff regulation of foreign trade activity concerning questions, shall contain the following information:

- the description of goods on which it is offered to make the decision of the government, according to the Commodity nomenclature of foreign economic activity of the CIS;

- data (within the available data) about national producers of the corresponding goods and amounts of their production;

- data on export volume and/or import of these goods for the last year;

- data on damage caused to the national industry making the goods which are directly competing with these goods (decrease in production volumes, profits, employment, etc.), or damage caused to national industries, the being direct consumers of these goods (on similar indicators), and also transfer and the description of the reasons which resulted in damage (when the draft decision of the governments is connected with it);

- proposed measures, date of their introduction, and concerning tariff regulation and quantitative restrictions - effective period;

- data on the corresponding international obligations;

- other information on discretion of the government introducing the draft decision.

7. The secretariat of Integration Committee of EurAsEC sends to three-day time:

- to the government (to governmental body for EurAsEC) state member of EurAsEC confirmation about receipt of its draft decision with indication of receipt date;

- to the governments (to governmental bodies for EurAsEC) other state members of EurAsEC фельдсвязью the draft decision of the government with the explanatory note and all information which arrived in the Secretariat of Integration Committee of EurAsEC.

8. The governments of other state members of EurAsEC provide consideration of the arrived draft decision and no later than in twenty-day time from the date of receipt of the appeal of the Secretariat of Integration Committee of EurAsEC, send the conclusions to the Secretariat of Integration Committee of EurAsEC.

9. The secretariat of Integration Committee of EurAsEC provides:

- the direction in three-day time from receipt date in the Secretariat of Integration Committee of EurAsEC to the government (to governmental body for EurAsEC) state member of EurAsEC which introduced the draft decision, copies of the conclusions of the governments of other state members of EurAsEC with indication of receipt date of the last conclusion.

- the direction in a month from the date of the appeal of the Secretariat of Integration Committee of EurAsEC to the governments of other state members of EurAsEC, in case of not receipt from them of the conclusions, confirmations of this fact to the government (to governmental body for EurAsEC) state member of EurAsEC which introduced the draft decision.

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