Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

AGREEMENT

of May 29, 2014

About the Eurasian Economic Union

(as amended on 15-03-2018)

The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation which further are referred to as Parties

based on the Declaration on Eurasian economic integration of November 18, 2011,

being guided by the principle of sovereign equality of the states, need of unconditional respect for the principle of supremacy of constitutional rights and freedoms of man and citizen,

wishing to strengthen solidarity and to deepen cooperation between the people in case of respect of their history, culture and traditions,

expressing conviction that further development of Eurasian economic integration is equitable to national interests of the Parties,

movable by the aspiration to strengthen economies of state members of the Eurasian Economic Union and to provide their harmonious development and rapprochement, and also to guarantee strong growth of business activity, the balanced trade and fair competition,

providing economic progress by the collateral actions directed to the solution of the general tasks facing state members of the Eurasian Economic Union on sustainable economic development, comprehensive upgrade and strengthening of competitiveness of national economies within global economy

confirming aspiration to further strengthening of economic mutually beneficial and equal cooperation with other countries, and also the international integration associations and the international organizations,

in view of regulations, rules and the principles of the World Trade Organization,

confirming the commitment to the purposes and the principles of United Nations Charter , and also to other conventional principles and rules of international law,

agreed as follows.

Part one. Organization of the Eurasian Economic Union

Section I. General provisions

Article 1. Organization of the Eurasian Economic Union. Legal personality

1. This Agreement of the Party establish the Eurasian Economic Union (further - the Union, EEU) within which freedom of movement of goods, the services, the capital and the labor power, carrying out coordinated, approved or single policy in the industries of economy defined by this agreement and international treaties within the Union is provided.

2. The union is the international organization of the regional economic integration having the international legal personality.

Article 2. Determinations

For the purposes of this Agreement concepts which mean the following are used:

"harmonization of the legislation" - the rapprochement of the legislation of state members directed to establishment of similar (comparable) normative legal regulation in certain spheres;

"state members" - the states which are members of the Union and the Parties of this Agreement;

"officials" - the citizens of state members appointed to positions of directors of departments of the Eurasian economic commission and associate directors of departments of the Commission, and also the head of the Secretariat of Court of the Union, deputy managers of the Secretariat of Court of the Union and advisers to judges of Court of the Union;

"common economic space" - the space consisting of the territories of state members on which the similar (comparable) and same mechanisms of regulation of economy based on the market principles and application of the harmonized or unified precepts of law function and exists single infrastructure;

"single policy" - the policy performed by state members in the spheres determined by them provided by this Agreement, assuming application by state members of the unified legal regulation including on the basis of decisions of bodies of the Union within their powers;

"the international agreements within the Union" - the international agreements signed between state members on the questions connected with functioning and development of the Union;

"the international agreements of the Union with the third party" - the international agreements signed with the third states, their integration associations and the international organizations;

"the total (single) market" - set of the economic relations within the Union in case of which freedom of movement of goods, services, the capital and labor power is provided;

"order" - the act adopted by bodies of the Union, having organizational and administrative nature;

"decision" - the act adopted by bodies of the Union, containing provisions of normative and legal nature;

"the coordinated policy" - the politician, assuming implementation of cooperation of state members on the basis of the general approaches approved within the bodies of the Union necessary for goal achievement of the Union provided by this Agreement;

"coordinated policy" - the policy performed by state members in different spheres, assuming harmonization of legal regulation including on the basis of decisions of bodies of the Union, in such degree which is necessary for goal achievement of the Union, provided by this Agreement;

"employees" are the citizens of state members working in bodies of the Union on the basis of the employment contracts (contracts) signed with them and not being officials;

"custom union" - the form of trade and economic integration of state members providing single customs area within which in mutual trade customs duties are not applied (other duties, taxes and fees having equivalent action) measures of non-tariff regulation, special protective, anti-dumping and countervailing measures the Common customs tariff of the Eurasian Economic Union and single measures of regulation of foreign trade in goods with the third party are effective;

"third party" - the state which is not the member of the Union, the international organization or the international integration association;

"standardization of the legislation" - the rapprochement of the legislation of state members directed to establishment of identical mechanisms of legal regulation in the certain spheres defined by this Agreement.

Other concepts used in this Agreement are understood in the values given in appropriate sections of this Agreement and appendices to it.

Section II. Basic principles, purposes, competence and right of the Union

Article 3. Basic principles of functioning of the Union

The union performs the activities within the competence provided to it by state members according to this Agreement on the basis of the following principles:

respect of the conventional principles of international law, including the principles of sovereign equality of state members and their territorial integrity;

respect of features of political system of state members;

ensuring mutually beneficial cooperation, equality and accounting of national interests of the Parties;

respect for the principles of market economy and fair competition;

functioning of custom union without withdrawals and restrictions after the end of transition periods.

State members create favorable conditions for accomplishment of its functions by the Union and abstain from the measures capable to threaten goal achievement of the Union.

Article 4. Main objectives of the Union

Main objectives of the Union are:

creation of conditions for stable development of economies of state members for the benefit of increase in living standards of their population;

aspiration to forming of single commodity market, services, the capital and manpower within the Union;

comprehensive upgrade, cooperation and increase in competitiveness of national economies in the conditions of global economy.

Article 5. Competence

1. The union is allocated with competence of the limits and amounts established by this agreement and international treaties within the Union.

2. State members perform the coordinated or coordinated policy in the limits and amounts established by this agreement and international treaties within the Union.

3. In other spheres of economy state members aim at implementation of the coordinated or coordinated policy according to the basic principles and the purposes of the Union.

For this purpose by the decision of the Supreme Eurasian economic council facilitative branches (councils of heads of state bodies of the Parties, working groups, the special commissions) in the corresponding directions can be created and (or) to be given instructions of the Eurasian economic commission on coordination of interaction of the Parties in the respective spheres.

Article 6. Right of the Union

1. The right of the Union is constituted:

this Agreement;

the international agreements within the Union;

the international agreements of the Union with the third party;

decisions and orders of the Supreme Eurasian economic council, Eurasian intergovernmental council and the Eurasian economic commission accepted within their powers provided by this agreement and international treaties within the Union.

Decisions of the Supreme Eurasian economic council and Eurasian intergovernmental council are subject to execution by state members according to the procedure, provided by their national legal system.

2. The international agreements of the Union with the third party shall not contradict main objectives, the principles and rules of functioning of the Union.

3. In case of contradictions between international treaties within the Union and this Agreement the priority has this Agreement.

Decisions and orders of bodies of the Union shall not contradict this agreement and international treaties within the Union.

4. In case of contradictions between decisions of the Supreme Eurasian economic council, Eurasian intergovernmental council and Eurasian economic commission:

decisions of the Supreme Eurasian economic council have priority over decisions of Eurasian intergovernmental council and Eurasian economic commission;

decisions of Eurasian intergovernmental council have priority over decisions of the Eurasian economic commission.

Article 7. International activities of the Union

1. The union has the right to perform the international activities directed to the solution of the tasks facing the Union within the competence. Within such activities the Union has the right to perform international cooperation with the states, the international organizations and the international integration associations and independently or together with state members to sign the international agreements with them on the questions carried to its competence.

The procedure the Union of international cooperation is established by the decision of the Supreme Eurasian economic council. Questions of the conclusion of international treaties of the Union with the third party are determined by the international treaty within the Union.

2. Negotiation according to drafts of international treaties of the Union with the third party, and also their signing are performed based on the decision of the Supreme Eurasian economic council after accomplishment by state members of the corresponding interstate procedures.

The decision on expression of consent of the Union to obligation for it the international treaty of the Union with the third party, the termination, suspension or about exit from the international treaty is accepted by the Supreme Eurasian economic council after accomplishment by all state members of necessary interstate procedures.

Section III. Bodies of the Union

Article 8. Bodies of the Union

1. Bodies of the Union are:

The supreme Eurasian economic council (further - the Supreme council);

Eurasian intergovernmental council (further - Intergovernmental council);

The Eurasian economic commission (further - the Commission, ECE);

Court of the Eurasian Economic Union (further - Court of the Union).

2. Bodies of the Union are effective within powers which are conferred to them by this agreement and international treaties within the Union.

3. Bodies of the Union act on the basis of the principles specified in Article 3 of this Agreement.

4. Presidency in the Supreme council, Intergovernmental council and Council of the Commission is performed on rotational basis according to the procedure of the Russian alphabet by one state member within one calendar year without the prolongation right.

5. Conditions of stay of bodies of the Union in the territories of state members are determined by separate international treaties between the Union and the states of stay.

Article 9. Holding the posts in structural divisions of permanent bodies of the Union

1. In structural divisions of permanent bodies of the Union the citizens of state members having the corresponding profile education and work experience have the right to holding the posts.

2. Officials of department of the Commission cannot be citizens of the same state. Candidate screen on occupation of the specified positions is made by tender committee of ECE taking into account the principle of equal representation of the Parties. Candidacies for participation in tender are presented for occupation of the specified positions by the member of council of the Commission from the relevant Party.

3. Candidate screen on occupation of other positions in departments of the Commission is performed by ECE on competitive basis taking into account equity of the Parties in financing of the Commission.

4. In structure of tender committee of ECE on candidate screen on holding the posts, specified in Item 2 of this Article, all members of Board of the Commission, except for the Chairman of Board of the Commission enter.

The tender committee of ECE makes the decisions in the form of recommendations by a majority vote and submits to their Chairman Boards of the Commission for approval. If the Chairman of Board of the Commission on the specific candidate makes the decision which is in conflict with the recommendation of tender committee of ECE, the question is submitted by the Chairman of Board of the Commission for consideration of Council of the Commission for acceptance of the final decision.

Regulations on tender committee of ECE (including rules of carrying out tender), its structure, and also qualification requirements to candidates for holding the posts of directors and associate directors of departments of the Commission affirm Council of the Commission.

5. The procedure for candidate screen and appointment to positions in the Office of Court of the Union are made according to the documents regulating activities of Court of the Union.

Article 10. The supreme council

1. The supreme council is the supreme body of the Union.

2. Chapters of state members or heads of governments of state members are part of the Supreme council if according to the legislation of the state they are given authority to make decisions on the questions entering competence of the Supreme council.

Article 11. Operating procedure of the Supreme council

1. Meetings of the Supreme council are held at least 1 time a year.

For the solution of urgent questions of activities of the Union at the initiative of any of state members or the Chairman of the Supreme council emergency meetings of the Supreme council can be convened.

2. Meetings of the Supreme council are held under the leadership of the Chairman of the Supreme council.

Chairman of the Supreme council:

conducts meetings of the Supreme council;

will organize work of the Supreme council;

performs the common directorship of preparation of the questions submited the Supreme council.

In case of early termination of powers of the Chairman of the Supreme council the new high councilor from the presiding state member performs powers of the Chairman of the Supreme council during remaining period.

3. Members of council of the Commission, the Chairman of Board of the Commission and other invited persons can participate in meetings of the Supreme council by the invitation of the Chairman of the Supreme council.

The participant list and format of meetings of the Supreme council are determined by the Chairman of the Supreme council in coordination with high councilors.

The agenda of meetings of the Supreme council is created by the Commission on the basis of offers of state members.

The issue of presence of accredited representatives of mass media at meetings of the Supreme council is resolved by the Chairman of the Supreme council.

4. The procedure for the organization of holding meetings of the Supreme council affirms the Supreme council.

5. Organizational, information and material logistics of preparation and holding meetings of the Supreme council is performed by the Commission with assistance of the accepting state member. Financial provision of holding meetings of the Supreme council is performed by budget funds of the Union.

Article 12. Powers of the Supreme council

1. The supreme council considers matters of principle of activities of the Union, determines the strategy, the directions and perspectives of development of integration and makes the decisions directed to realization of the purposes of the Union.

2. The supreme council performs the following main powers:

1) determines the strategy, the directions and perspectives of forming and development of the Union and makes the decisions directed to realization of the purposes of the Union;

2) is approved by structure of Board of the Commission, distributes obligations between members of Board of the Commission and stops their powers;

3) appoints the Chairman of Board of the Commission and makes the decision on early termination of its powers;

Appoints 4) on representation of state members of judges of Court of the Union;

5) is approved by Regulations of work of the Eurasian economic commission;

6) is approved by the budget of the Union, Regulations on the budget of the Eurasian Economic Union and the performance report of the budget of the Union;

7) determines the sizes (scale) of contributions of state members to the budget of the Union;

8) considers according to the offer of state member the questions concerning cancellation or change of the decisions made by Intergovernmental council or the Commission taking into account provisions of Item 7 of Article 16;

9) considers questions on which in case of decision making the consensus was not reached according to the offer of Intergovernmental council or Commission;

10) makes inquiries to Court of the Union;

11) the procedure for test of reliability and completeness of data on the income, property and obligations of property nature of judges of Court of the Union approves, officials and employees of the Office of Court of the Union, and also members of their families;

12) is determined by procedure for acceptance in the Union of new members and termination of membership in the Union;

13) makes the decision on provision or on cancellation of the status of the observer or the status of the candidate state on the accession to the Union;

14) is approved by the Procedure by the Eurasian Economic Union of international cooperation;

15) makes decisions on negotiations with the third party on behalf of the Union, including on the conclusion with it international treaties of the Union and investment with the right to conduct negotiations, and also on expression of consent of the Union to obligation for it the international treaty with the third party, the termination, suspension or on exit from the international treaty;

16) approves the general number of staff of bodies of the Union, parameters of representation of officials from among citizens of state members in the bodies of the Union directed on representation of state members on competitive basis;

17) the payment procedure of work of members of Board of the Commission approves, judges of Court of the Union, officials and the staff of bodies of the Union;

18) is approved by Regulations on external audit (control) in bodies of the Eurasian Economic Union;

19) considers results of the booked external audit (control) in bodies of the Union;

20) approves symbolics of the Union;

21) gives instructions to Intergovernmental council and the Commission;

22) makes decisions on creation of facilitative branches in the corresponding directions;

23) performs other powers provided by this agreement and international treaties within the Union.

Article 13. Decisions and orders of the Supreme council

1. The supreme council makes decisions and orders.

2. Decisions and orders of the Supreme council are accepted by consensus.

The decisions of the Supreme council connected with the termination of membership of state member in the Union are accepted by the principle "consensus minus voice of the state member which notified on the intention to stop the membership in the Union".

Article 14. Intergovernmental council

Intergovernmental council is the body of the Union consisting of heads of governments of state members.

Article 15. Operating procedure of Intergovernmental council

1. Meetings of Intergovernmental council are held as required, but at least 2 times a year.

For the solution of urgent questions of activities of the Union at the initiative of any of state members or the Chairman of Intergovernmental council emergency meetings of Intergovernmental council can be convened.

2. Meetings of Intergovernmental council are held under the leadership of the Chairman of Intergovernmental council.

Chairman of Intergovernmental council:

conducts meetings of Intergovernmental council;

will organize work of Intergovernmental council;

performs the common directorship of preparation of the questions submited Intergovernmental council.

In case of early termination of powers of the Chairman of Intergovernmental council the new member of Intergovernmental council from the presiding state member performs powers of the Chairman of Intergovernmental council during remaining period.

3. Members of council of the Commission, the Chairman of Board of the Commission and other invited persons can participate in meetings of Intergovernmental council on the invitation of the Chairman of Intergovernmental council.

The participant list and format of meetings of Intergovernmental council are determined by the Chairman of Intergovernmental council in coordination with members of Intergovernmental council.

The agenda of meetings of Intergovernmental council is created by the Commission on the basis of offers of state members.

The issue of presence of accredited representatives of mass media at meetings of Intergovernmental council is resolved by the Chairman of Intergovernmental council.

4. The procedure for the organization of holding meetings of Intergovernmental council affirms Intergovernmental council.

5. Organizational, information and material logistics of preparation and holding meetings of Intergovernmental council is performed by the Commission with assistance of the accepting state member. Financial provision of holding meetings of Intergovernmental council is performed by budget funds of the Union.

Article 16. Powers of Intergovernmental council

Intergovernmental council performs the following main powers:

1) provides realization and control of execution of this Agreement, international treaties within the Union and decisions of the Supreme council;

2) considers according to the offer of Council of the Commission questions on which in case of decision making in Council of the Commission will not reach consensus;

3) gives instructions to the Commission;

Represents 4) to the Supreme council of the candidate for members of council and members of Board of the Commission;

5) approves budget statements of the Union, Regulations on the budget of the Eurasian Economic Union and the performance report of the budget of the Union;

6) approves Regulations on audit of financial and economic activities of bodies of the Eurasian Economic Union, standards and methodology of audits of financial and economic activities of bodies of the Union, makes decisions on carrying out audits of financial and economic activities of bodies of the Union and determines terms of their carrying out;

7) considers the questions concerning cancellation or change of the made decisions of the Commission according to the offer of state member or, in case of default of agreement, submits them for consideration of the Supreme council;

8) makes the decision on suspension of action of decisions of Council or Board of the Commission;

9) the procedure for test of reliability and completeness of data on the income, property and obligations of property nature of members of Board of the Commission approves, officials and the staff of the Commission, and also members of their families;

10) performs other powers provided by this agreement and international treaties within the Union.

Article 17. Decisions and orders of Intergovernmental council

1. Intergovernmental council makes decisions and orders.

2. Decisions and orders of Intergovernmental council are accepted by consensus.

Article 18. Commission

1. The commission is permanent regulating authority of the Union. The commission consists of Council and Board.

2. The commission makes decisions, orders and recommendations. Decisions, orders and recommendations of Council of the Commission are accepted by consensus.

Decisions, orders and recommendations of Board of the Commission are accepted by the qualified majority or consensus.

The supreme council determines the list of sensitive questions on which decisions of Board of the Commission are made by consensus.

At the same time the qualified majority makes two thirds of voices of total number of members of Board of the Commission.

3. The status, tasks, structure, functions, powers and operating procedure of the Commission are determined according to appendix No. 1 to this Agreement.

4. The place of stay of the Commission is the city of Moscow, the Russian Federation.

Article 19. Court of the Union

1. The court of the Union is permanent judicial authority of the Union.

2. The status, structure, competence, procedure for functioning and forming of Court of the Union are determined by the Statute of Court of the Eurasian Economic Union according to appendix No. 2 to this Agreement.

3. The place of stay of Court of the Union is the city of Minsk, Republic of Belarus.

Section IV. Budget of the Union

Article 20. Budget of the Union

1. Financing of activities of bodies of the Union is performed by budget funds of the Union created according to the procedure, the determined Regulations on the budget of the Eurasian Economic Union.

The budget of the Union for the next financial year is created in Russian rubles at the expense of contributions of state members. The sizes (scale) of contributions of state members to the budget of the Union are established by the Supreme council.

The budget of the Union shall be balanced in the income and expenses. Financial year begins on January 1 and comes to an end on December 31.

2. The budget of the Union and Regulations on the budget of the Eurasian Economic Union affirm the Supreme council.

Introduction of amendments to the budget of the Union and in Regulations on the budget of the Eurasian Economic Union is performed by the Supreme council.

Article 21. Audit of financial and economic activities of bodies of the Union

For control of budget implementation of the Union at least once in 2 years audit of financial and economic activities of bodies of the Union is carried out.

At the initiative of any of state members can be performed on single questions of financial and economic activities of bodies of the Union.

Audits of financial and economic activities of bodies of the Union are performed by the group of auditors consisting of representatives of bodies of the state financial control of state members.

Results of the carried-out audits of financial and economic activities of bodies of the Union are submitted in accordance with the established procedure for consideration of Intergovernmental council.

Article 22. External audit (control)

For the purpose of determination of efficiency of forming, management and the order of budget funds of the Union, efficiency of use of property and other assets of the Union external audit (control) is booked. External audit (control) is performed by the group of inspectors created from representatives of the supreme bodies of the state financial control of state members. Standards and methodology of external audit (control) are jointly determined by the supreme bodies of the state financial control of state members.

Results of the booked external audit (control) in bodies of the Union are submitted in accordance with the established procedure for consideration of the Supreme council.

Part two. Custom union

Section V. Information exchange and statistics

Article 23. Information exchange within the Union

1. For the purpose of information support of integration processes in all spheres affecting functioning of the Union the actions aimed at providing information exchange with use of information and communication technologies and cross-border space of trust within the Union are developed and implemented.

2. Information exchange in case of realization of general processes within the Union is performed with use of the integrated information system of the Union providing integration of geographically distributed state information resources and information systems of authorized bodies, and also information resources and information systems of the Commission.

3. For ensuring effective interaction and coordination of the state information resources and information systems state members pursue coordinated policy in the field of informatization and information technologies.

4. When using program technical means and information technologies state members provide protection of the intellectual property used or received in the course of interaction.

5. The fundamental principles of information exchange and coordination of its implementation within the Union, and also procedure for creation and development of the integrated information system are determined according to appendix No. 3 to this Agreement.

Article 24. Official statistical information of the Union

1. For the purpose of effective functioning and development of the Union official statistical information of the Union is created.

2. Forming of official statistical information of the Union is performed according to the following principles:

1) professional independence;

2) scientific justification and comparability;

3) completeness and reliability;

4) relevance and timeliness;

5) openness and general availability;

6) cost efficiency;

7) statistical confidentiality.

3. The procedure for forming and distribution of official statistical information of the Union is determined according to appendix No. 4 to this Agreement.

Section VI. Functioning of custom union

Article 25. Principles of functioning of custom union

1. Within custom union of state members:

1) the domestic market of goods functions;

2) the Common customs tariff of the Eurasian Economic Union and other single measures of regulation of foreign trade in goods with the third parties are applied;

3) the single mode of trade in goods in the relations with the third parties is effective;

4) single customs regulation is performed;

5) free movement of goods between the territories of state members without application of customs declaring and the state control (transport, sanitary, veterinary and sanitary, quarantine phytosanitary), except as specified, provided by this Agreement is performed.

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

"import customs duty" - the obligatory payment levied by customs authorities of state members in connection with commodity importation on customs area of the Union;

"the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union" (CN FEA EEU) - The commodity nomenclature of foreign economic activity based on the Harmonized commodity description and coding system of World Customs Organization and the single Commodity nomenclature of foreign economic activity of the Commonwealth of Independent States;

"Common customs tariff of the Eurasian Economic Union" (CCT EEU) - the code of rates of the customs duties applied to the goods imported (imported) on customs area of the Union from the third countries, systematized according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union;

"tariff preference" - exemption of import customs duties or decrease in rates of import customs duties concerning the goods coming from the countries forming together with the Union the free trade area, or decrease in rates of import customs duties concerning the goods coming from developing countries - users of single system of tariff preferences of the Union and (or) the least developed countries - users of single system of tariff preferences of the Union.

Article 26. Transfer and distribution of import customs duties (other duties, taxes and fees having equivalent action)

The paid (collected) import customs duties are subject to transfer and distribution between budgets of state members.

Transfer and distribution of the amounts of import customs duties, their transfer in the income of budgets of state members are performed according to the procedure according to appendix No. 5 to this Agreement.

Article 27. Creation and functioning free (special, special) economic zones and free warehouses

For the purpose of assistance to social and economic development of state members, investment attraction, creation and development of the productions based on new technologies, developments of transport infrastructure, tourism and the sanatorium sphere and also in other purposes in the territories of state members are created and economic zones and free warehouses function free (special, special).

Conditions of creation and functioning free (special, special) economic zones and free warehouses are determined by international treaties within the Union.

Article 28. Domestic market

1. The union takes measures for ensuring functioning of the domestic market according to provisions of this agreement.

2. The domestic market covers economic space in which according to provisions of this agreement free movement of goods, persons, services and the capitals is provided.

3. Within functioning of the domestic market in mutual trade in goods state members do not apply import and export customs duties (other duties, taxes and fees having equivalent action), measures of non-tariff regulation, the special protective, anti-dumping and countervailing measures, except as specified, provided by this Agreement.

Article 29. Exceptions of procedure for functioning of the domestic market of goods

1. State members in mutual trade in goods have the right to apply restrictions (provided that such measures are not means of unjustified discrimination or the hidden restriction of trade) if such restrictions are necessary for:

1) protection of life and health of the person;

2) protection of public morals and law and order;

3) environmental protections;

4) animal protection and plants, cultural values;

5) accomplishment of the international obligations;

6) ensuring defense of the country and safety of state member.

2. On the bases specified in Item 1 of this Article in the domestic market also sanitary, veterinary and sanitary and quarantine phytosanitary measures according to the procedure, determined by the Section XI of this Agreement can be entered

3. On the bases specified in Item 1 of this Article, turnover of separate types of goods can be limited.

The procedure for movement or the address of such goods on customs area of the Union is determined according to this agreement, international treaties within the Union.

Section VII. Regulation of drug circulation and medical products

Article 30. Forming of the total market of medicines

1. State members create within the Union the total market of the medicines conforming to standards proper pharmaceutical the practician based on the following principles:

1) harmonization and standardization of requirements of the legislation of state members in the field of drug circulation;

2) ensuring unity of mandatory requirements to quality, efficiency and safety of the medicines which are in circulation in the territory of the Union;

3) adoption of single rules in the field of drug circulation;

4) development and application of identical or comparable methods of research and control in case of quality evaluation, efficiency and safety of medicines;

5) harmonization of the legislation of state members in the field of control (supervision) in the field of drug circulation;

6) realization of allowing and control and supervising functions in the field of drug circulation of state members by the relevant authorized bodies.

2. Functioning of the total market of medicines within the Union is performed according to the international treaty within the Union taking into account provisions of Article 100 of this Agreement.

Article 31. Forming of the total market of medical products (products of medical appointment and medical equipment)

1. State members create within the Union the total market of medical products (products of medical appointment and medical equipment) based on the following principles:

1) harmonization of requirements of the legislation of state members in the field of the address of medical products (products of medical appointment and medical equipment);

2) ensuring unity of mandatory requirements to efficiency and safety of medical products (the products of medical appointment and medical equipment) which are in circulation in the territory of the Union;

3) adoption of single rules in the field of the address of medical products (products of medical appointment and medical equipment);

4) determination of single approaches to creation of system of quality assurance of medical products (products of medical appointment and medical equipment);

5) harmonization of the legislation of state members in the field of control (supervision) in the field of the address of medical products (products of medical appointment and medical equipment).

2. Functioning of the total market of medical products (products of medical appointment and medical equipment) within the Union is performed according to the international treaty within the Union taking into account provisions of Article 100 of this Agreement.

Section VIII. Customs regulation

Article 32. Customs regulation in the Union

In the Union single customs regulation according to the Customs code of the Eurasian Economic Union and the international treaties and acts constituting the right of the Union regulating customs legal relationship and also according to provisions of this agreement is performed.

Section IX. Foreign trade policy

1. General provisions about foreign trade policy
Article 33. Purposes and principles of foreign trade policy of the Union

1. Foreign trade policy of the Union is directed to assistance to sustainable economic development of state members, to diversification of economies, innovative development, increase in amounts and improvement of structure of trade and investments, acceleration of integration processes, and also further development of the Union as effective and competitive organization within global economy.

2. The basic principles of implementation of foreign trade policy of the Union are:

application of the measures and mechanisms of implementation of foreign trade policy of the Union which are no more burdensome for participants of foreign trade activity of state members than is necessary for ensuring effective goal achievement of the Union;

publicity in development, acceptance and application of measures and mechanisms of implementation of foreign trade policy of the Union;

justification and objectivity of application of measures and mechanisms of implementation of foreign trade policy of the Union;

protection of the rights and legitimate interests of participants of foreign trade activity of state members, and also rights and legitimate interests of producers and consumers of goods and services;

observance of the rights of participants of foreign trade activity.

3. Foreign trade policy is implemented through the conclusion by the Union independently or together with state members in spheres in which bodies of the Union make decisions, obligatory for state members, international treaties with the third party, participation in the international organizations or autonomous application of measures and mechanisms of foreign trade policy.

The union bears responsibility for accomplishment of obligations according to the international treaties signed by it and exercises the rights under these agreements.

Article 34. Most favored nation treatment

The most favored nation treatment in understanding of the General Agreement on Tariffs and Trade of 1994 is applied to foreign trade in goods (GATT 1994) in those cases and on conditions when application of most favored nation treatment is provided by international treaties of the Union with the third party, and also international treaties of state members with the third party.

Article 35. Free trade regime

The free trade regime 1994 is set by goods in understanding of GATT in trade with the third party based on the international treaty of the Union with such third party taking into account provisions of Article 102 of this Agreement.

The international treaty of the Union with the third party setting free trade regime can include other provisions connected with foreign trade activity.

Article 36. Tariff preferences concerning the goods coming from developing countries and (or) the least developed countries

1. For the purpose of assistance to economic development developing and the least developed countries the Union according to this Agreement can provide tariff preferences concerning the goods coming from developing countries - users of single system of tariff preferences of the Union and (or) the least developed countries - users of single system of tariff preferences of the Union.

2. Concerning the preferential goods imported on customs area of the Union coming from developing countries - users of single system of tariff preferences of the Union, rates of import customs duties in the amount of 75 percent from rates of import customs duties of the Common customs tariff of the Eurasian Economic Union are applied.

3. Concerning the preferential goods imported on customs area of the Union coming from the least developed countries - users of single system of tariff preferences of the Union, zero rates of import customs duties of the Common customs tariff of the Eurasian Economic Union are applied.

Article 37. Rules of determination of goods origin

1. On customs area of the Union single rules of determination of goods origin, imported on customs area of the Union are applied.

2. For the purposes of application of measures of customs and tariff regulation (provisions of tariff preferences are except for more whole), applications of measures of non-tariff regulation and protection of the domestic market, establishment of requirements to marking of goods origin, implementation of the public (municipal) procurements, maintaining foreign trade statistics goods apply rules of determination of goods origin, imported on customs area of the Union (not preferential rules of determination of goods origin) established by the Commission.

3. For the purposes of provision of tariff preferences concerning the goods imported on customs area of the Union from developing or from the least developed countries - users of single system of tariff preferences of the Union, rules of determination of goods origin from developing and the least developed countries, established by the Commission are applied.

4. For the purposes of provision of tariff preferences the rules of determination of goods origin established by the corresponding international treaty of the Union with the third party providing application of free trade regime are applied to the goods imported on customs area of the Union from the states with which in trade and economic relations the Union applies free trade regime.

5. If the international treaty of the Union with the third party providing application of free trade regime does not establish rules of determination of goods origin or they are not accepted at the time of entry into force of such agreement, rules of determination of goods origin, stipulated in Item 2 these Articles are applied to the goods imported on customs area of the Union coming from this country until adoption of the corresponding rules of determination of goods origin.

6. In the presence of the numerous facts of violation by the third party in ranges of definition (confirmations) of goods origin by the Commission the decision on carrying out the state members of monitoring of correctness by Customs Services of determination (confirmation) goods origin imported from the specific country can be made. In case of identification of system violations by the third party in ranges of definition (confirmations) of goods origin by the Commission the decision on suspension of acceptance by Customs Services of state members of the documents confirming goods origin can be made. Provisions of this Item do not limit power of state members concerning control of origin of imported goods and taking measures to its results.

Article 38. Foreign trade in services

State members perform coordination in the field of trade in services with the third parties.

Implementation of coordination does not mean supranational competence of the Union of this sphere.

Article 39. Elimination of rationing arrangements in trade with the third parties

The commission renders assistance in case of access to the markets of the third parties, carries out monitoring of rationing arrangements of the third party concerning state members and in case of application of any measure by the third party concerning the Union or emergence of trade dispute between the Union and the third party together with state members holds consultations with the relevant third party.

Article 40. Response measures concerning the third party

1. If according to the international treaty of the Union with the third party and (or) state members with the third parties the possibility of application of response measures is provided, decisions on introduction of response measures on customs area of the Union are made by the Commission, including by increase in level of rates of import customs duties, introduction of quantitative restrictions, temporary suspension of provision of preferences or acceptance within competence of the Commission of other measures exerting impact on results of foreign trade with the relevant state.

2. In the cases provided by the international treaties of state members with the third parties signed till January 1, 2015, state members have the right to apply unilaterally as response measures the rates of import customs duties raised in comparison with the Common customs tariff of the Eurasian Economic Union, and also to unilaterally stop provision of tariff preferences provided that mechanisms of administration of such response measures do not violate provisions of this agreement.

Article 41. Measures for export development

The union according to international treaties, regulations and rules of the World Trade Organization can apply joint efforts on development of commodity export of state members on the markets of the third parties.

Joint efforts include, in particular, insurance and financing of export, international leasing, promotion of the concept "goods of the Eurasian Economic Union" and introduction of single marking of goods of the Union, exhibition and fair and exposition activities, promotion and image activities abroad.

2. Customs and tariff regulation and non-tariff regulation
Article 42. Common customs tariff of the Eurasian Economic Union

1. On customs area of the Union the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union and the Common customs tariff of the Eurasian Economic Union approved by the Commission and which are instruments of trade policy of the Union are applied.

2. Main objectives of application of the Common customs tariff of the Eurasian Economic Union are:

1) providing conditions for effective integration of the Union into world economy;

2) rationalization of commodity structure of commodity importation on customs area of the Union;

3) maintenance of rational ratio of export and commodity importation on customs area of the Union;

4) creation of conditions for progressive changes in structure of production and consumption of goods in the Union;

5) support of industries of economy of the Union.

3. In the Common customs tariff of the Eurasian Economic Union the following types of rates of import customs duties are applied:

1) ad valorem, established percentage of customs value of leviable goods;

2) specific, established depending on physical characteristics in kind of leviable goods (quantities, the weight, amount or other characteristics);

3) the combined, combining both types specified in subitems 1 and 2 of this Item.

4. Rates of import customs duties of the Common customs tariff of the Eurasian Economic Union are single and are not subject to change depending on persons moving goods through customs border of the Union, types of transactions and other circumstances, except as specified, 36 and 43 this Agreements provided by Articles 35,.

5. For operational regulation of commodity importation on customs area of the Union if necessary seasonal customs duties which effective period cannot exceed 6 months in year and which are applied instead of the import customs duties provided by the Common customs tariff of the Eurasian Economic Union can be established.

6. The state which joined the Union, having the right to apply the rates of import customs duties other than rates of the Common customs tariff of the Eurasian Economic Union according to the inventory and rates approved by the Commission based on the international treaty on accession of such state to the Union.

The state which joined the Union shall provide use of goods to which lower rates of import customs duties in comparison with the Common customs tariff of the Eurasian Economic Union are applied, only within the territory and to take measures for non-admission of export of such goods in other state members without surcharge of import customs duties in the amount of difference of the amounts of the import customs duties estimated at the rates of the Common customs tariff of the Eurasian Economic Union, and the amounts of the import customs duties paid in case of commodity importation.

Article 43. Tariff privileges

1. The tariff privileges in the form of exemption of import customs duty or decrease in rate of import customs duty can be applied to the goods imported (imported) on customs area of the Union.

2. The tariff privileges cannot have individual character and are applied irrespective of the country of goods' origin.

3. Provision of the tariff privileges is performed according to appendix No. 6 to this Agreement.

Article 44. Tariff quotas

1. Concerning the separate types of the agricultural goods coming from the third countries and imported on customs area of the Union establishment of the tariff quotas is allowed if similar goods are made (are got, grown up) on customs area of the Union.

2. The corresponding rates of import customs duties of the Common customs tariff of the Eurasian Economic Union are applied to the goods specified in Item 1 of this Article, imported on customs area of the Union within the established amount of the tariff quota.

3. Establishment of the tariff quotas concerning the separate types of the agricultural goods coming from the third countries and imported on customs area of the Union, and distribution of amounts of the tariff quotas are performed according to the procedure, provided by appendix No. 6 to this Agreement.

Article 45. Powers of the Commission on questions of customs and tariff regulation

1. Commission:

performs maintaining the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union and the Common customs tariff of the Eurasian Economic Union;

establishes rates of import customs duties, including seasonal;

establishes cases and conditions of provision of the tariff privileges;

determines procedure for application of the tariff privileges;

determines conditions and procedure for application of single system of tariff preferences of the Union, including claims:

the list of developing countries - users of single system of tariff preferences of the Union;

the list of the least developed countries - users of single system of tariff preferences of the Union;

the inventory, coming from developing countries or from the least developed countries concerning which when importing to customs area of the Union tariff preferences are provided;

establishes the tariff quotas, distributes amount of the tariff quota between state members, determines method and procedure for distribution of amount of the tariff quota between participants of foreign trade activity, and if necessary distributes amount of the tariff quota between the third countries or adopts the act according to which state members determine method and procedure for distribution of amount of the tariff quota between participants of foreign trade activity, and if necessary distribute amount of the tariff quota between the third countries.

2. The list of sensitive goods on which the decision on change of rate of import customs duty is made by Council of the Commission affirms the Supreme council.

Article 46. Measures of non-tariff regulation

1. In trade with the third countries in the Union applies the following single measures of non-tariff regulation:

1) prohibition of import and (or) commodity exportation;

2) quantitative restrictions of import and (or) commodity exportation;

3) exclusive export right and (or) commodity import;

4) automatic licensing (observation) of export and (or) commodity import;

5) allowing procedure for import and (or) commodity exportation.

2. Measures of non-tariff regulation are entered and applied on the basis of the principles of publicity and nondiscrimination according to the procedure according to appendix No. 7 to this Agreement.

Article 47. Introduction of measures of non-tariff regulation unilaterally

State members in trade with the third countries can enter and apply unilaterally measures of non-tariff regulation according to the procedure, provided by appendix No. 7 to this Agreement.

3. Measures of protection of the domestic market
Article 48. General provisions about introduction of measures of protection of the domestic market

1. For protection of economic interests of producers of goods in the Union there may be introduced measures of protection of the domestic market concerning the goods coming from the third countries and imported on customs area of the Union in the form of special protective, anti-dumping and countervailing measures, and also in the form of other measures in cases, stipulated in Article 50 of this Agreement.

2. The decision on application of special protective, anti-dumping or countervailing measure, on change or on cancellation of special protective, anti-dumping or countervailing measure or on non-use measures are taken by the Commission.

3. Application of special protective, anti-dumping and countervailing measures is performed on conditions and according to the procedure according to appendix No. 8 to this Agreement.

4. Precedes application of special protective, anti-dumping or countervailing measure in case of commodity import the investigation made according to appendix No. 8 to this Agreement by the body determined by the Commission as responsible for conducting investigations (further - the body making investigations).

5. Transfer and distribution of the special, anti-dumping, compensatory duties are performed according to appendix No. 8 to this Agreement.

Article 49. Principles of application of special protective, anti-dumping and countervailing measures

1. Special protective measure can be applied to goods if by results of the investigation made by the body making investigations it is determined that import of these goods on customs area of the Union is performed in such increased quantities (in absolute or relative measures to total production in state members of the similar or directly competing goods) and on such conditions that it causes serious damage of industry of economy of state members or creates threat of causing such damage.

2. The anti-dumping measure can be applied to the goods which are subject of dumped imports if by results of the investigation made by the body making investigations it is determined that import of such goods on customs area of the Union causes material damage of industry of economy of state members creates threat of causing such damage or significantly slows down creation of industry of economy of state members.

3. The countervailing measure can be applied to the imported goods, in case of production, export or transportation of which the specific subsidy of the exporting third country if by results of the investigation made by the body making investigations it is determined that import of such goods on customs area of the Union causes material damage of industry of economy of state members was used, creates threat of causing such damage or significantly slows down creation of industry of economy of state members.

4. For the purposes of application of measures of protection of the domestic market the industry of economy of state members is understood as all producers of similar goods (for the purposes of anti-dumping and compensation investigations) or the similar or directly competing goods (for the purposes of special protective investigation) in state members or those from them, share in total production in state members according to which similar goods or the similar or directly competing goods constitutes essential part, but at least 25 percent.

Article 50. Other measures of protection of the domestic market

By the international treaty of the Union with the third party about establishment of free trade regime for the purpose of elimination of negative impact of import from this third party on producers of state members the right of application of measures of protection of the domestic market on bilateral basis, other than special protective, anti-dumping and countervailing measures, including concerning import of agricultural goods can be provided.

The decision on application of such measures is made by the Commission.

Section X. Technical regulation

Article 51. General principles of technical regulation

1. Technical regulation within the Union is performed according to the following principles:

1) establishment of mandatory requirements to products or to products and the design processes connected with requirements to products (including researches), productions, constructions, installation, adjustment, operation, storage, transportation, realization and utilization;

2) establishment of single mandatory requirements in technical regulations of the Union or national mandatory requirements in the legislation of state members to products included in the single list of products concerning which mandatory requirements within the Union are established (further - the single list);

3) application and execution of technical regulations of the Union in state members without withdrawals;

4) compliance of technical regulation within the Union to the level of economic development of state members and technological level;

5) independence of accreditation bodies of state members, bodies for confirmation of conformity of state members and bodies for supervision (control) of state members of manufacturers, sellers, contractors and acquirers, including consumers;

6) unity of rules and methods of researches (testing) and measurements when holding procedures of obligatory assessment of conformity;

7) unity of application of requirements of technical regulations of the Union irrespective of types and (or) features of transactions;

8) inadmissibility of restriction of the competition when implementing assessment of conformity;

9) implementation of the state control (supervision) of observance of requirements of technical regulations of the Union on the basis of harmonization of the legislation of state members;

10) voluntariness of application of standards;

11) development and application of interstate standards;

12) harmonization of interstate standards with the international and regional standards;

13) unity of rules and procedures of carrying out obligatory assessment of conformity;

14) ensuring harmonization of the legislation of state members regarding establishment of responsibility for violation of mandatory requirements to products, rules and procedures of carrying out obligatory assessment of conformity;

15) carrying out coordinated policy in the field of ensuring unity of measurements within the Union;

16) non-admission of establishment of excessive barriers to conducting business activity;

17) establishment of transitional provisions for the purpose of phased transition on new requirements and documents.

2. Provisions of this Section do not extend to establishment and application of sanitary, veterinary and sanitary and quarantine phytosanitary measures.

3. The procedure, rules and procedures of technical regulation within the Union are established according to appendix No. 9 to this Agreement.

4. Coordinated policy in the field of ensuring unity of measurements within the Union is pursued according to appendix No. 10 to this Agreement.

Article 52. Technical regulations of the Union and standards

1. For the purpose of protection of life and (or) health of the person, property, the environment, life and (or) health of animals and plants, preventions of the actions misleading consumers and also for the purpose of ensuring energy efficiency and resource-saving within the Union are accepted technical regulations of the Union.

Adoption of technical regulations of the Union in other purposes is not allowed.

The procedure for development and adoption of technical regulations of the Union, and also procedure for introduction of changes in them and cancellation are determined by the Commission.

Technical regulations of the Union or national mandatory requirements are effective only concerning products included in the single list approved by the Commission.

The procedure for forming and maintaining the single list affirms the Commission.

State members do not allow establishment in the legislation of mandatory requirements concerning products which are not included in the single list.

2. Technical regulations of the Union have direct action in the territory of the Union.

The procedure for enforcement of the accepted technical regulation of the Union and transitional provisions are determined by the technical regulation of the Union and (or) the act of the Commission.

3. The international, regional (interstate) standards, and in case of their absence (before adoption of regional (interstate) standards) - national (state) standards of state members can be applied to fulfillment of requirements of the technical regulation of the Union and assessment of conformity to requirements of the technical regulation of the Union on voluntary basis.

Article 53. Product circulation and action of technical regulations of the Union

1. Products released in the territory of the Union shall be safe.

Rules and procedure for safety and the product circulation, requirements to which are not established by technical regulations of the Union, are determined by the international treaty within the Union.

2. Products concerning which the technical regulation of the Union (technical regulations of the Union) became effective are released in the territory of the Union provided that it underwent the necessary assessment procedures of compliance established by the technical regulation of the Union (technical regulations of the Union).

State members provide the product circulation, conforming to requirements of the technical regulation of the Union (technical regulations of the Union), in the territory without presentation additional in relation to containing in the technical regulation of the Union (technical regulations of the Union) of requirements to such products and without carrying out supplementary procedures of assessment of conformity.

Provisions of paragraph two of this Item do not extend to application of sanitary, veterinary and sanitary and quarantine phytosanitary measures.

3. From the date of entry into force of the technical regulation of the Union in the territories of state members the conforming mandatory requirements to products or to products and the design processes connected with requirements to products (including researches), productions, constructions, installation, adjustment, operation, storages, transportations, the realization and utilizations established by the legislation of state members or acts of the Commission are effective only in the part determined by transitional provisions and from the date of completion of action of the transitional provisions determined by the technical regulation of the Union and (or) the act of the Commission assessments of conformity of objects of technical regulation, the state control (supervision) of observance of requirements of technical regulations of the Union are not applied to production in the address.

Provisions of paragraph one of this Item do not extend to application of sanitary, veterinary and sanitary and quarantine phytosanitary measures.

Mandatory requirements to products or to products and the design processes connected with requirements to products (including researches), productions, constructions, installation, adjustment, operation, storages, transportations, the realization and utilizations established by acts of the Commission about day of entry into force of the technical regulation of the Union join in technical regulations of the Union.

4. The state control (supervision) of observance of requirements of technical regulations of the Union is carried out according to the procedure, established by the legislation of state members.

The principles and approaches to harmonization of the legislation of state members in the field of the state control (supervision) of observance of requirements of technical regulations of the Union are determined by the international treaty within the Union.

5. Responsibility for non-compliance with requirements of technical regulations of the Union, and also for violation of procedures of evaluating compliance of products to requirements of technical regulations of the Union is established according to the legislation of state members.

Article 54. Accreditation

1. Accreditation within the Union is performed according to the following principles:

1) harmonization of rules and approaches in the field of accreditation with international standards;

2) ensuring voluntariness of accreditation, openness and availability of information on procedures, rules and results of accreditation;

3) ensuring objectivity, impartiality and competence of accreditation bodies of state members;

4) providing for applicants on accreditation of equal conditions concerning accreditation and ensuring confidentiality of information obtained in case of accreditation;

5) inadmissibility of combination by one body of state member of powers on accreditation with powers on the state control (supervision), except for control of activities of accredited bodies for assessment of conformity of state members (including certification bodies, test laboratories (centers));

6) inadmissibility of combination by one body of state member of powers on accreditation and on assessment of conformity.

2. Accreditation of conformity assessment bodies is carried out by the accreditation bodies of state members authorized according to the legislation of state members on implementation of these activities.

3. The accreditation body of one state member shall not compete with accreditation bodies of other state members.

For non-admission of the competition of accreditation bodies of state members the conformity assessment body of one state member addresses for the purpose of accreditation to accreditation body of that state member in the territory of which it is registered as the legal entity.

If the conformity assessment body registered in the territory of other state member as the legal entity addresses to accreditation body of one state member for the purpose of accreditation, this accreditation body informs on it accreditation body of that state member in the territory of which the conformity assessment body is registered. In the specified case it is allowed to carry out accreditation of state members by accreditation bodies if the accreditation body of that state member in the territory of which this conformity assessment body is registered does not perform accreditation in required area. At the same time the accreditation body of state member in the territory of which the conformity assessment body is registered has the right to act as the observer.

4. Accreditation bodies of state members perform mutual comparative estimates for the purpose of achievement of equivalence of the applied procedures.

Recognition of results of works on accreditation of conformity assessment bodies of state members is performed according to appendix No. 11 to this Agreement.

Article 55. Elimination of technical barriers in mutual trade with the third countries

The procedure and conditions of elimination of technical barriers in mutual trade with the third countries are determined by the international treaty within the Union.

Section XI. Sanitary, veterinary and sanitary and quarantine phytosanitary measures

Article 56. General principles of application of sanitary, veterinary and sanitary and quarantine phytosanitary measures

1. Sanitary, veterinary and sanitary and quarantine phytosanitary measures are applied on the basis of the principles having scientific reasons and only in that degree in which it is necessary for protection of life and health of the person, animals and plants.

The sanitary, veterinary and sanitary and quarantine phytosanitary measures applied within the Union are based on the international and regional standards, managements and (or) recommendations, except as specified, when on the basis of the corresponding scientific reasons sanitary, veterinary and sanitary and quarantine phytosanitary measures which provide higher level of sanitary, veterinary and sanitary or quarantine phytosanitary protection, than measures based on the corresponding international and regional standards, managements and (or) recommendations are entered.

2. For the purpose of ensuring sanitary and epidemiologic wellbeing of the population, and also veterinary and sanitary, quarantine phytosanitary safety within the Union coordinated policy in the field of application of sanitary, veterinary and sanitary and quarantine phytosanitary measures is pursued.

3. Coordinated policy is implemented by joint development, acceptance and realization by state members of international treaties and acts of the Commission in scope of sanitary, veterinary and sanitary and quarantine phytosanitary measures.

4. Each of state members has the right to develop and enter temporary sanitary, veterinary and sanitary and quarantine phytosanitary measures.

The order of interaction of authorized bodies of state members in case of introduction of temporary sanitary, veterinary and sanitary and quarantine phytosanitary measures affirms the Commission.

5. The approved approaches when carrying out identification, registration and traceability of animals and products of animal origin are applied according to acts of the Commission.

6. Application of sanitary, veterinary and sanitary, quarantine phytosanitary measures and interaction of authorized bodies of state members in the field of sanitary, veterinary and sanitary and quarantine phytosanitary measures are performed according to appendix No. 12 to this Agreement.

Article 57. Application of sanitary measures

1. Sanitary measures are applied to persons, vehicles, and also products (goods) under control to sanitary and epidemiological surveillance (control) included according to acts of the Commission in the single list of products (goods) which are subject to the state sanitary and epidemiological surveillance (control).

2. To products (goods) which are subject to the state sanitary and epidemiological surveillance (control) single sanitary and epidemiologic and hygienic requirements and procedures are established.

Single sanitary and epidemiologic and hygienic requirements to products (goods) concerning which technical regulations of the Union are developed join in technical regulations of the Union according to acts of the Commission.

3. The procedure for development, approval, change and application of single sanitary and epidemiologic and hygienic requirements and procedures affirms the Commission.

4. For the purpose of ensuring sanitary and epidemiologic wellbeing of the population with authorized bodies in the field of sanitary and epidemiologic wellbeing of the population the state sanitary and epidemiological surveillance (control) according to the legislation of state members and acts of the Commission is exercised.

Authorized bodies in the field of sanitary and epidemiologic wellbeing of the population can exercise the state supervision (control) of observance of requirements of technical regulations of the Union within the state sanitary and epidemiological surveillance (control) according to the legislation of state members.

Article 58. Application of veterinary and sanitary measures

1. Veterinary and sanitary measures are applied to the goods imported on customs area of the Union and moved on customs area of the Union (including goods for private use) included in the single inventory which are subject to veterinary control (supervision) approved by the Commission and also to the objects which are subject to veterinary control (supervision).

2. The single veterinary (veterinary and sanitary) requirements approved by the Commission are applied to the goods and objects which are subject to veterinary control (supervision).

3. For the purpose of prevention of import and distribution of causative agents of infectious diseases of animals, including general for the person and animals, and the goods which are not conforming to single veterinary (veterinary and sanitary) requirements veterinary control (supervision) of goods under control to veterinary control (supervision), including goods for private use, and also behind the objects which are subject to veterinary control (supervision) according to acts of the Commission is exercised.

Interaction of state members in case of prevention, diagnostics, localization and liquidation of the centers of especially dangerous, quarantine and zoonotic diseases of animals is performed according to the procedure, established by the Commission.

4. Authorized bodies in the field of veterinary science exercise veterinary control (supervision) when moving goods under control to veterinary control (supervision) through customs border of the Union at check points through frontiers of state members or in other state members determined by the legislation places which are equipped and equipped with means of veterinary control (supervision) according to the legislation of state members.

5. Each batch of goods under control to veterinary control (supervision) is imported on customs area of the Union according to the single veterinary (veterinary and sanitary) requirements approved by the Commission and on condition of availability of the permission issued by authorized body in the field of veterinary science of state member on which territory the specified goods, and (or) the veterinary certificate issued by competent authority of the country of departure of the specified goods are imported.

6. Goods under control to veterinary control (supervision) are transported from the territory of one state member on the territory of other state member according to single veterinary (veterinary and sanitary) requirements. The specified goods are followed by the veterinary certificate if other is not determined by the Commission.

State members mutually recognize the veterinary certificates issued by authorized bodies in the field of veterinary science in the single forms approved by the Commission.

7. The basic principle of safety of goods under control to veterinary control (supervision) in case of their production, conversion, transportation and (or) storage in the third countries is carrying out audit of foreign official system of supervision.

Authorized bodies in the field of veterinary science book audits of official foreign systems of supervision and check (inspection) of the objects which are subject to veterinary control (supervision) according to acts of the Commission.

8. State members have the right to develop and introduce temporary veterinary (veterinary and sanitary) requirements and measures in case of receipt of official information from relevant international organizations, state members, and also from the third countries about deterioration in epizootic situation in the territories of the third countries or state members.

In case of availability of the specified information, but in the absence of sufficient scientific reasons or impossibility of its representation in necessary terms, state members can take immediate veterinary and sanitary measures.

Article 59. Quarantine phytosanitary measures

1. Quarantine phytosanitary measures are applied to products included in the list of the quarantine products (quarantine freights, quarantine materials, quarantine goods) which are subject to phytosanitary quarantine control (supervision) on customs border of the Union and on customs area of the Union (further - the list of quarantine products), the quarantine objects included in the single list of quarantine objects of the Union, and also quarantinable objects.

2. Phytosanitary quarantine control (supervision) on customs area of the Union and customs border of the Union is performed concerning products included in the list of quarantine products, the quarantine objects included in the single list of quarantine objects of the Union, and also quarantinable objects.

3. The list of quarantine products, the single list of quarantine objects of the Union and single quarantine phytosanitary requirements affirm the Commission.

Section XII. Consumer protection

Article 60. Guarantees of consumer protection

1. The rights of consumers and their protection are guaranteed by the legislation of state members on consumer protection, and also this Agreement.

2. Citizens of state member, and also the other persons living in its territory use in the territories of other state members the same legal protection in the field of consumer protection, as citizens of these other state members, and have the right to address to the state and public organizations on consumer protection, other organizations, and also courts and (or) to perform other legal proceedings on the same conditions, as citizens of these other state members.

Article 61. Policy in the field of consumer protection

1. State members pursue the coordinated policy in the field of consumer protection directed to forming of equal conditions for citizens of state members on protection of their interests against unfair activities of business entities.

2. Carrying out coordinated policy in the field of consumer protection is provided according to this agreement and the legislation of state members on consumer protection on the basis of the principles according to appendix No. 13 to this Agreement.

Part three. Common economic space

Section XIII. Macroeconomic policy

Article 62. The main directions of the approved macroeconomic policy

1. Within the Union the approved macroeconomic policy providing development and realization of collateral actions of state members for the purpose of achievement of the balanced development of economy of state members is pursued.

2. Carrying out coordination by state members of the approved macroeconomic policy is performed by the Commission according to appendix No. 14 to this Agreement.

3. The main directions of the approved macroeconomic policy pursued by state members include:

1) ensuring sustainable development of economy of state members with use of integration capacity of the Union and competitive advantages of each state member;

2) forming of the single principles of functioning of economy of state members and ensuring their effective interaction;

3) creation of conditions for increase in internal stability of economy of state members, including ensuring macroeconomic stability, and also resistance to external impact;

4) development of the general principles and reference points for forecasting of social and economic development of state members.

4. The realization of the main directions of the approved macroeconomic policy is enabled according to appendix No. 14 to this Agreement.

Article 63. The main macroeconomic indicators determining stability of economic development

State members create economic policy within the following quantitative values of the macroeconomic indicators determining stability of economic development:

annual deficit of the consolidated budget of the sector of public administration - does not exceed 3 percent of gross domestic product;

the debt of the sector of public administration - does not exceed 50 percent of gross domestic product;

the rate of inflation (consumer price index) in annual terms (December by December of previous year, as a percentage) - does not exceed more than on 5 percent points the rate of inflation in state member in which this indicator has the smallest value.

Section XIV. Monetarist policies

Article 64. The purposes and the principles of the approved monetarist policies

1. State members for the purpose of deepening of economic integration, development of cooperation in monetary and financial sphere, ensuring free movement of goods, services and the capital in the territories of state members, increases in role of national currencies of state members in the foreign trade and investment transactions, and also develop ensuring mutual convertibility of the specified currencies and pursue the approved monetarist policies on the basis of the following principles:

1) step-by-step implementation of harmonization and rapprochement of approaches to forming and carrying out monetarist policies in that amount in what it corresponds to the developed macroeconomic requirements of integration cooperation;

2) creation of necessary organization-legal conditions at the national and interstate levels for development of integration processes in the currency sphere, coordination and approvals of monetarist policies;

3) non-use of actions in the currency sphere which can negatively influence development of integration processes, and in case of their forced application - minimization of effects of such actions;

4) carrying out the economic policy directed to increase in trust to national currencies of state members as in the domestic foreign exchange market of each state member, and in the international foreign exchange markets.

2. For the purpose of carrying out the approved monetarist policies state members realize measures according to appendix No. 15 to this Agreement.

3. Coordination of course policy is performed by separate body which part heads of national (central) banks of state members are and which procedure for activities is determined by the international treaty within the Union.

4. The approved approaches of state members to regulation of currency legal relationship and taking measures of liberalization are determined by the international treaty within the Union.

Section XV. Trade in services, organization, activities and implementation of investments

Article 65. Purpose and subject of regulation, scope of application

1. The purpose of this Section is ensuring freedom of trade with services, organizations, activities and implementation of investments within the Union in accordance with the terms of this Section and appendix No. 16 to this Agreement.

Legal basis of regulation of trade in services, organizations, activities and implementation of investments in state members are determined by appendix No. 16 to this Agreement.

2. Provisions of this Section are applied to the measures of state members affecting delivery and receipt of services, organization, activities and implementation of investments.

Provisions of this Section are not applied:

to the public (municipal) procurements regulated by the Section XXII of this Agreement;

to the delivered services and the performed activities in pursuance of functions of the government.

3. The services covered by Sections XVI, XIX, XX and XXIof this agreement are regulated by provisions of these Sections respectively. Provisions of this Section are effective in the part which is not contradicting the specified Sections.

4. Features of the legal relationship arising in connection with trade in telecommunication services are determined according to Procedure for trade in services of telecommunication (appendix No. 1 to appendix No. 16 of this Agreement).

5. Features of entrance, departure, stay and labor activity of physical persons are regulated by the Section XXVI of this Agreement in the part which is not contradicting this Section.

6. Nothing in this Section shall be interpreted as:

1) the requirement to any state member to provide any information which disclosure it considers as contradicting the most important interests of its safety;

2) obstacle for any state member to take any actions which it considers necessary for protection of the major interests of its safety by means of adoption of the legal act, including:

belonging to delivery of the services performed directly or indirectly for the purpose of supply of military organization;

belonging to the split or thermonuclear materials or to materials from which they are received;

accepted during war or in other force majeure in the international relations;

3) obstacle for any state member to take any actions for accomplishment of its obligations according United Nations Charter for the purpose of preserving the international security and the world.

7. Provisions of this Section do not interfere with state member to accept or apply measures:

1) necessary for protection of public morals or maintenance of public order. Exceptions for reasons of public order can be applied only when there is real and rather serious threat concerning one of radical interests of society;

2) necessary for protection of life or human health, animals or plants;

3) necessary for the compliance with law of state members which is not contradicting provisions of this Section including the measures concerning to:

to prevention of the misleading and unfair practice or effects of non-compliance with civil agreements;

to protection against intervention in private life of individuals during the processing and distribution of data of personal nature and protection of confidentiality of data on private life and accounts;

safety;

4) incompatible with Items 21 and 24 of appendix No.16 to this Agreement, provided that distinction in actually provided mode is dictated by the aspiration to provide fair or effective taxation with the direct taxes and their collection from persons of other state member or the third states concerning trade in services, organization and activities and such measures shall not contradict provisions of international treaties of state members;

5) incompatible with Items 27 and 29 of appendix No. 16 to this Agreement provided that distinction concerning the mode is result of the agreement on the tax matters, including about avoidance of double taxation which participant is the corresponding state member.

8. Application of measures, stipulated in Item 7 of this Article, shall not lead to unconditioned or unjustified discrimination between state members or to the hidden restrictions in trade of services, organization, activities and implementation of investments.

9. If the state member keeps concerning the third state of restriction or prohibitions concerning trade in services, organizations, activities and implementation of investments, nothing in this Section shall be interpreted as the state member obliging it to extend to persons of other state member of provision of this Section if such person belongs or is controlled by person of the specified third state, and distribution of provisions of this Section will lead to bypass or violation of the specified prohibitions and restrictions.

10. The state member can not distribute the obligations assumed by it according to this Section to person of other state member concerning trade in services, organizations, activities and implementation of investments if it will be proved that such person of other state member does not perform essential business transactions in the territory of this other state member and belongs or it is controlled by person of the first state member or person of the third state.

Article 66. Trade liberalization by services, organizations, activities and implementation of investments

1. State members will not enter new discriminatory measures concerning trade in services, organization and activities of persons of other state members in comparison with the mode operating on the date of entry into force of this Agreement.

2. For the purpose of ensuring freedom of trade with services, organization, activities and implementation of investments state members carry out step-by-step liberalization of conditions of mutual trade in services, organizations, activities and implementation of investments.

3. State members aim at creation and ensuring functioning of the single market of services provided by Items 38 - 43 of appendix No. 16 to this Agreement, in the maximum quantity of service sectors.

Article 67. Principles of trade liberalization by services, organizations, activities and implementation of investments

1. Trade liberalization by services, organizations, activities and implementation of investments is performed taking into account the international principles and standards by harmonization of the legislation of state members and the organization of mutual administrative cooperation of competent authorities of state members.

2. In the course of trade liberalization by services, organizations, activities and implementation of investments state members are guided by the following principles:

1) optimization of internal regulation step-by-step simplification and (or) abolition of excessive internal regulation, including allowing requirements and procedures for suppliers, receivers of the services, persons performing organization or activities and investors taking into account the best international practice of regulation of specific service sectors, and in case of its absence - by the choice and application of the most progressive models of state members;

2) proportionality - need and sufficiency of levels of harmonization of the legislation of state members and mutual administrative cooperation for effective functioning of the market of services, organizations, activities or implementation of investments;

3) mutual benefit - trade liberalization by services, organizations, activities and implementation of investments on the basis of equitable distribution of benefits and obligations taking into account sensitivity of service sectors and types of activity for each state member;

4) the sequence - acceptance of any measures concerning trade in services, organizations, activities and implementation of investments, including harmonization of the legislation of state members and administrative cooperation, proceeding from the following:

in one of service sectors and types of activity deterioration in conditions of mutual access in comparison with the conditions operating for signature date of this Agreement and with the conditions enshrined in this agreement is inadmissible;

step-by-step reducing the restrictions, withdrawals, additional requirements and conditions provided by individual national lists of restrictions, withdrawals, additional requirements and conditions, approved by the Supreme council, specified in the paragraph 4 of Item 2 and Items 15 - 17, 23, 26, 28, 31, 33 and 35 of appendix No. 16 to this Agreement;

5) economic feasibility - carrying out within forming of the single market of services provided by Items 38 - 43 of appendix No. 16 to this Agreement, trade liberalizations by services in priority procedure concerning the service sectors which are most influencing cost, competitiveness and (or) amounts of the goods made and realized in the domestic market of the Union.

Article 68. Administrative cooperation

1. State members render each other assistance in ensuring effective cooperation between competent authorities on the questions regulated by this Section.

For ensuring efficiency of cooperation, including for exchange of information, competent authorities of state members sign agreements.

2. The administrative cooperation includes:

1) operational information exchange between competent authorities of state members as in general on service sectors, and concerning specific participants of the market;

2) creation of the mechanism of the prevention of violation by service providers of the rights and legitimate interests of consumers, fair subjects of the market, and also public (state) concerns.

3. Competent authorities of state member can request from competent authorities of other state members within the signed agreements information relating to the sphere of competence of the last and necessary for effective implementation of the requirements provided by this Section including:

1) about persons of these other state members which performed organization or delivering services in the territory of the first state member, and in particular about data confirmatory that such persons are really founded in their territories and that, according to competent authorities, these persons perform business activity;

2) about the permissions issued by competent authorities and types of activity on which implementation permissions are issued;

3) about administrative measures, criminal legal sanctions or decisions on recognition of insolvency (bankruptcy) of person which were made by competent authorities on this person and which directly affect his competence or goodwill. Competent authorities of one state member shall provide the relevant information to the competent authorities of other state member which requested it, including about the bases of accountability of the persons which performed organization or delivering services in the territory of the first state member.

4. The administrative cooperation of competent authorities of state members (including exercising control and supervision of activities) is performed for the purpose of:

1) creations of effective system of protection of the rights of receivers of services of one state member by delivery of these services by the supplier of other state member;

2) execution of tax and other liabilities by suppliers and receivers of services;

3) suppression of unfair business practice;

4) ensuring reliability of statistical data about amounts of services of state members.

5. If the state member knew of actions of any of the service providers, persons performing organization or activities or investors who are capable to cause damage to health or safety of people, animals, plants or the environment in the territory of this state member or in the territories of other state members, the first state member informs on it in the shortest possible time all state members and the Commission.

6. The commission promotes creation and participates in process of functioning of information systems of the Union on the questions regulated by this Section.

7. State members can inform the Commission on failure to carry out cases other state members of the obligations provided by this Article.

Article 69. Transparency

1. Each state member provides openness and availability of the legislation on the questions regulated by this Section.

For this purpose all regulatory legal acts of state member which raise or can raise the questions regulated by this Section, shall be published in official source, and whenever possible also on the corresponding website on the Internet (further - the Internet) so that any person, the rights and (or) obligations of which can be affected by such regulatory legal acts, had opportunity to get acquainted with them.

2. The regulatory legal acts of state members specified in Item 1 of this Article shall be published in time, providing legal definiteness and reasonable expectations of persons, the rights and (or) obligations of which can be affected by these regulatory legal acts, but anyway before date of their entry into force (enforcement).

3. State members provide preliminary publication of projects of the regulatory legal acts specified in Item 1 of this Article.

State members post on the Internet on the official sites of the state bodies responsible for project development of regulatory legal act, or on specially created websites projects of regulatory legal acts, information on procedure for the direction persons of notes and offers on them, and also data on the term of carrying out public discussion of the project of regulatory legal act for the purpose of provision to all interested persons of opportunity to direct the notes and offers.

Projects of the specified regulatory legal acts are published, as a rule, in 30 calendar days prior to date of their acceptance. Such preliminary publication is not required in exceptional cases, requiring rapid response, and also in cases when preliminary publication of projects of regulatory legal acts can interfere with their execution or otherwise contradicts public concerns.

The notes and (or) offers received by competent authorities of state members within public discussion whenever possible are considered in case of completion of projects of regulatory legal acts.

4. Publication of regulatory legal acts (their projects) specified in Item 1 of this Article shall be followed by the explanation of the purposes of their acceptance and application.

5. State members create the mechanism providing submission of responses to written or electronic requests of any person about the regulatory legal acts operating and (or) planned to acceptance specified in Item 1 of this Article.

6. State members provide consideration of addresses of persons of other state members on the questions regulated by this Section, according to the legislation according to the procedure, established for the persons.

Section XVI. Regulation of the financial markets

Article 70. Purposes and principles of regulation of the financial markets

1. State members within the Union perform the approved regulation of the financial markets according to the following purposes and the principles:

1) deepening of economic integration of state members for the purpose of creation within the Union of the total financial market and ensuring non-discriminatory access to the financial markets of state members;

2) ensuring the guaranteed and effective protection of the rights and legitimate interests of consumers of financial services;

3) creation of conditions for mutual recognition of licenses in bank and insurance sectors, and also in service sector in the security market, one state member issued by authorized bodies, in the territories of other state members;

4) determination of approaches to regulation of risks in the financial markets of state members according to international standards;

5) determination of requirements imposed to banking activity, insurance activity and activities in the security market (prudential requirements);

6) determination of procedure of supervision of activities of members of the financial market;

7) ensuring transparency of activities of members of the financial market.

2. For the purpose of creation in the financial market of conditions for providing liberalized capital movement with state members the following main forms of cooperation are applied, including:

1) exchange of information, including confidential, between authorized bodies of state members concerning regulation and development of banking activity, insurance activity and activities in the security market, control and supervision according to the international treaty within the Union;

2) holding the approved actions for discussion of the current and possible problems arising in the financial markets and for development of offers on their decision;

3) carrying out state members of mutual consultations by authorized bodies concerning banking regulation, insurance activity and activities in the security market.

3. For goal achievement, stated in Item 1 of this Article, state members according to the international treaty within the Union and taking into account appendix No. 17 to this Agreement and Article 103 of this Agreement perform harmonization of the legislation in the field of the financial market.

Section XVII. Taxes and taxation

Article 71. The principles of interaction of state members in the field of the taxation

1. The goods imported from the territory of one state member on the territory of other state member are assessed with indirect taxes.

2. State members in mutual trade levy taxes, other charges and payments so that the taxation in state member in the territory of which sales of goods of other state members is enabled was at least favorable, than the taxation applied by this state member under the same circumstances concerning the similar goods occurring from its territory.

3. State members determine the directions, and also forms and procedure of harmonization of the legislation concerning taxes which exert impact on mutual trade not to violate condition of the competition and not to interfere with free movement of goods, works and services at the national level or at the level of the Union, including:

1) harmonization (rapprochement) of rates of excises on the most sensitive excise goods;

2) further enhancement of system of collection of the value added tax in mutual trade (including using information technologies).

Article 72. The principles of collection of indirect taxes in state members

1. Collection of indirect taxes in mutual trade in goods is performed by the principle of the country of destination providing application of zero rate of the value added tax and (or) exemption of excises in case of commodity export and also their taxation by indirect taxes when importing.

Collection of indirect taxes and the mechanism of control of their payment during the exporting and commodity import are performed according to the procedure according to appendix No. 18 to this Agreement.

2. Collection of indirect taxes in case of performance of works, rendering services is performed in state member which territory is recognized the place of implementation of works, services.

Collection of indirect taxes in case of performance of works, rendering services is performed according to the procedure, provided by appendix No. 18 to this Agreement.

3. Exchange between tax authorities of state members of information necessary for ensuring completeness of payment of indirect taxes, is performed according to the separate international interdepartmental treaty which including establishes procedure for exchange of information, the application form about commodity importation and payment of indirect taxes, rules of its filling and the requirement to exchange format.

4. In case of commodity import on the territory of one state member indirect taxes are levied from the territory of other state member by tax authorities of state member on which territory goods are imported if other is not established by the legislation of this state member regarding the goods which are subject to marking by excise stamps (accounting and control brands, signs).

5. Rates of indirect taxes in mutual trade in case of commodity import on the territory of state member shall not exceed rates of indirect taxes which assess similar goods in case of their realization in the territory of this state member.

6. Indirect taxes are not levied when importing on the state member territory:

1) goods which according to the legislation of this state member are not subject to the taxation (are exempted from the taxation) when importing to its territory;

2) goods which are imported on the state member territory by physical persons not for the purpose of business activity;

3) goods which import on the territory of one state member from the territory of other state member is performed in connection with their transfer within one legal entity (the legislation of state member the obligation according to the notification of tax authorities on import (export) of such goods can be established).

Article 73. Taxation of the income of physical persons

If one state member according to its legislation and provisions of international treaties has the right to tax the income of the tax resident (person with the permanent residence) other state member in connection with the work for hire which is carried out in the first mentioned state member, such income is assessed in the first state member from the first day of work for hire on the tax rates provided for such income of physical persons - tax residents (persons with the permanent residence) this first state member.

Provisions of this Article are applied to the taxation of income in connection with work for hire gained by citizens of state members.

Section XVIII. General principles and competition rules

Article 74. General provisions

1. Subject of this Section is establishment of the general principles and competition rules providing identification and suppression of anti-competitive actions in the territories of state members, and the actions exerting negative impact on the competition in the cross-border markets in the territory of two and more state members.

2. Provisions of this Section extend to the relations connected with realization of competition (anti-monopoly) policy in the territories of state members and to the relations with participation of business entities (subjects of the market) of state members which exert or can exert negative impact on the competition in the cross-border markets in the territories of two and more state members. Criteria of reference of the market to cross-border for the purpose of determination of competence of the Commission are established by the decision of the Supreme council.

3. State members have the right to establish in the legislation additional prohibitions, and also additional requirements and restrictions on the prohibitions provided by Articles 75 and 76 of this Agreement.

4. State members pursue the approved competition (anti-monopoly) policy concerning actions of business entities (subjects of the market) of the third countries if such actions can exert negative impact on competitive situation in the goods markets of state members.

5. Nothing in this Section shall be interpreted as obstacle for any state member to undertake any measures which it considers necessary for protection of the major interests of defense of the country or safety of the state.

6. Provisions of this Section are applied to subjects of natural monopolies taking into account the features provided by this Agreement.

7. The realization of provisions of this Section is enabled according to appendix No. 19 to this Agreement.

Article 75. General principles of the competition

1. Application by state members of regulations of the competitive (anti-monopoly) legislation to business entities (subjects of the market) of state members is performed equally and equally irrespective of form of business and place of registration of such business entities (subjects of the market) on equal terms.

2. State members establish in the legislation including prohibitions on:

1) agreements between the public authorities, local government bodies performing their functions by other bodies or organizations or between them and business entities (subjects of the market) if such agreements bring or can lead to non-admission, restriction or elimination of the competition, except as specified, provided by this agreement and (or) other international treaties of state members;

2) provision of the state or municipal preferences, except as specified, provided in the legislation of state members and taking into account the features provided by this agreement and (or) other international treaties of state members.

3. State members take effective measures for the prevention, identification and suppression of the actions (failure to act) provided by the subitem 1 of Item 2 of this Article.

4. State members according to the legislation provide effective control behind economic concentration in that measure in what it is necessary for protection and development of the competition in the territories of each state member.

5. Each state member provides availability of public authority which competence includes realization and (or) carrying out competition (anti-monopoly) policy that implies, in addition, investment of such body with powers for control of observance of prohibition on anti-competitive actions and prohibition on unfair competition, behind economic concentration, and also powers according to the prevention and identification of violations of the competitive (anti-monopoly) legislation, taking measures to the termination of the specified violations and accountability for such violations (further - authorized body of state member).

6. State members establish in the legislation penalties for making of anti-competitive actions against business entities (subjects of the market) and officials of authorities, proceeding from the principles of efficiency, proportionality, security, inevitability and definiteness, and provide control of their application. At the same time state members are recognized that in case of application of penalties the highest penalties shall be established for the violations posing the greatest threat for the competition (the agreements limiting the competition, abuse of dominant position of business entities (subjects of the market) of state members) at the same time the penalties estimated proceeding from the amount of revenue of the offender from sales of goods or from expense amount of the offender on purchase of goods in which market the offense is made are preferable.

7. State members according to the legislation provide information openness of the competition (anti-monopoly) policy pursued by them, including by means of placement of data on activities of authorized bodies of state members in mass media and the Internet.

8. Authorized bodies of state members according to the legislation of the state and this Agreement perform interaction by the direction of notifications, requests about provision of information, carrying out consultations, informing on the investigations (hearing of cases) infringing on interests of other state member, conducting investigations (hearing of cases) at the request of authorized body of one of state members and informing on its results.

Article 76. General competition rules

1. Actions (failure to act) of the business entity (the subject of the market) holding dominant position which are result or can be non-admission, restriction, elimination of the competition and (or) infringement of interests of other persons, including the following actions (failure to act) are prohibited:

1) establishment, maintenance of exclusively high or exclusively low price of goods;

2) withdrawal of goods from the address if advance in price of goods was result of such withdrawal;

3) imposing to the partner economically or technologically not the reasonable terms of the contract unprofitable for it or not belonging to the subject of the agreement;

4) economically or technologically not reasonable reducing or cessation of production of goods if on these goods there is demand or orders for its deliveries in the presence of possibility of its profitable production are placed and also if such reducing or such cessation of production of goods is directly not provided by this agreement and (or) other international treaties of state members;

5) economically or technologically not reasonable refusal or evasion of the conclusion of the contract with certain buyers (customers) in case of availability of possibility of production or deliveries of the corresponding goods taking into account the features provided by this agreement and (or) other international treaties of state members;

6) economically, technologically or otherwise not reasonable establishment of the different prices (rates) for the same goods, creation of discrimination conditions taking into account the features provided by this agreement and (or) other international treaties of state members;

7) creation of obstacles to access to the goods market or exit from the goods market to other business entities (subjects of the market).

2. The unfair competition is not allowed, including:

1) distribution of the false, inexact or distorted data which can cause losses to business entity (the subject of the market) or to cause damage to its goodwill;

2) false representation concerning nature, method and production site, consumer properties, quality and goods quantity or concerning his producers;

3) incorrect comparison by business entity (the subject of the market) of the goods made or realized by it with the goods made or realized by other business entities (subjects of the market).

3. Agreements between business entities (subjects of the market) of state members who are the competitors acting in one goods market who bring are prohibited or can bring to:

1) to establishment or maintenance of the prices (rates), discounts, allowances (surcharges), markups;

2) to increase, decrease or maintenance of the prices at the biddings;

3) to the Section of the goods market by the territorial principle, sales amount or purchases of goods, to the range of implementable goods or the list of sellers or buyers (customers);

4) to reducing or cessation of production of goods;

5) to refusal of the conclusion of contracts with certain sellers or buyers (customers).

4. "Vertical" agreements between business entities (subjects of the market), except for "vertical" agreements which are recognized admissible according to the criteria of admissibility established by appendix No. 19 to this Agreement if are prohibited:

Such agreements give 1) or can lead to price fixation of resale of goods, except for case when the seller establishes maximum price of resale of goods for the buyer;

2) such agreements provide the obligation of the buyer not to sell goods of business entity (the subject of the market) who is competitor of the seller. Such prohibition does not extend to agreements on the organization by the buyer of sales of goods under the trademark or other means of individualization of the seller or producer.

5. Other agreements between business entities (subjects of the market), except for "vertical" agreements which are recognized admissible according to the criteria of admissibility established by appendix No. 19 to this Agreement if it is determined that such agreements bring or can lead to competition restriction are prohibited.

6. Physical persons, the commercial organizations and non-profit organizations are forbidden to perform coordination of economic activity of business entities (subjects of the market) of state members if such coordination brings or can bring to any of the effects specified in Items 3 and 4 of this Article which cannot be acknowledged admissible according to the criteria of admissibility established by appendix No. 19 to this Agreement. State members have the right to establish prohibition on coordination of economic activity in the legislation if such coordination brings or can lead to the effects specified also in Item 5 of this Article which cannot be acknowledged admissible according to the criteria of admissibility established by appendix No. 19 to this Agreement.

7. Suppression of violations by business entities (subjects of the market) of state members, and also the physical persons and non-profit organizations of state members which are not performing business activity of the general competition rules established by this Section if such violations exert or can exert negative impact on the competition in the cross-border markets in the territories of two and more state members, except for the financial markets, it is performed by the Commission according to the procedure, provided by appendix No. 19 to this Agreement.

Article 77. State price regulation

Procedure for introduction of the state price regulation, and also contest of solutions of state members on its introduction are determined by appendix No. 19 to this Agreement.

Section XIX. Natural monopolies

Article 78. Spheres and subjects of natural monopolies

1. State members in case of regulation of activities of subjects of natural monopolies are guided by the regulations and provisions provided by appendix No. 20 to this Agreement.

2. Provisions of this Section extend to the relations with participation of subjects of natural monopolies, consumers, executive bodies and local government bodies of state members in spheres of the natural monopolies exerting impact on trade between state members and specified in appendix No. 1 to appendix No. 20 to this Agreement.

3. Legal relationship in specific spheres of natural monopolies are determined by this Section taking into account the features provided by Sections XX and XXI of this Agreement.

4. In state members also the spheres of natural monopolies specified in appendix No. 2 to appendix No. 20 to this Agreement belong to spheres of natural monopolies.

Requirements of the legislation of state members are applied to spheres of the natural monopolies specified in appendix No. 2 to appendix No. 20 to this Agreement.

5. The list of services of subjects of the natural monopolies carried to spheres of natural monopolies is established by the legislation of state members.

6. State members aim at harmonization of spheres of the natural monopolies specified in appendices No. 1 and 2 to appendix No. 20 to this agreement by their reducing and with possible determination of transition period in Sections XX and XXIof this Agreement.

7. Expansion of spheres of natural monopolies in state members is performed:

according to the legislation of state members if the state member intends to carry the sphere which is the sphere of natural monopoly in other state member to the sphere of natural monopolies and it is given in appendix No. 1 or 2 to appendix No. 20 to this Agreement;

according to the decision of the Commission if the state member intends to carry other sphere of natural monopolies which is not specified in appendix No. 1 or 2 to appendix No. 20 to this Agreement after the corresponding appeal of this state member to the Commission to the sphere of natural monopolies.

8. This Section does not extend to the relations settled by the existing bilateral international treaties between state members. Again signed bilateral international agreements between state members cannot contradict this Section.

9. Provisions of the Section XVIII of this Agreement are applied to subjects of natural monopolies taking into account the features provided by this Section.

Section XX. Power

Article 79. Interaction of state members in the field of power

1. For the purpose of effective use of potential of fuel and energy complexes of state members, and also providing national economies with main types of energy resources (the electric power, gas, oil and oil products), state members develop long-term mutually beneficial cooperation in the sphere of power, pursue the coordinated energy policy, perform step-by-step forming of the total markets of energy resources according to the international treaties provided in Articles 81, 83 and 84 of this Agreement taking into account ensuring energy security, proceeding from the following basic principles:

1) providing market pricing on energy resources;

2) ensuring development of the competition in the total markets of energy resources;

3) lack of technical, administrative and other obstacles to trade in energy resources, corresponding equipment, technologies and related services;

4) ensuring development of transport infrastructure of the total markets of energy resources;

5) providing non-discriminatory conditions for business entities of state members in the total markets of energy resources;

6) creating favorable conditions for investment attraction in energy complex of state members;

7) harmonization of national regulations and rules of functioning of technological and commercial infrastructure of the total markets of energy resources.

2. The legislation of state members is applied to the relations of business entities of the state members performing the activities in spheres of power industry, gas, oil and oil products, not settled this Section.

3. Provisions of the Section XVIII of this Agreement in spheres of power industry, gas, oil and oil products are applied to activities of business entities of state members taking into account the features provided by this Section and the Section XIX of this Agreement.

Article 80. Indicative (forecast) balances of gas, oil and oil products

1. For the purpose of effective use of cumulative energy potential and optimization of interstate deliveries of energy resources authorized bodies of state members are developed and approved:

indicative (forecast) balance of gas of the Union;

indicative (forecast) balance of oil of the Union;

indicative (forecast) balances of oil products of the Union.

2. Development specified in Item 1 of this balance sheet item is performed with participation of the Commission and according to methodology of forming of indicative (forecast) balances of gas, the oil and oil products developed in time, the stipulated in Item 1 Article 104 of this Agreement and approved by authorized bodies of state members.

Article 81. Forming of the total electrical power market of the Union

1. State members perform step-by-step forming of the total electrical power market of the Union on the basis of in parallel the working electric utility systems taking into account the transitional provisions provided by Items 2 and 3 of Article 104 of this Agreement.

2. State members develop the concept and the program of forming of the total electrical power market of the Union approved by the Supreme council.

3. State members sign the international treaty within the Union on forming of the total electrical power market which is based on the provisions approved concepts and programs of forming of the total electrical power market of the Union.

Article 82. Ensuring access to services of subjects of natural monopolies in the field of power industry

1. Within the available technical capability state members provide easy access to services of subjects of natural monopolies in the field of power industry on condition of priority use of the specified services for ensuring internal needs for electrical energy (capacity) of state members according to the single principles and rules according to appendix No. 21 to this Agreement.

2. The principles and rules of access to services of subjects of natural monopolies in the field of power industry, including the bases of pricing and tariff policy stated in annex No. 21 to this Agreement are effective concerning the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation. In case of accession to the Union of new members corresponding changes are made to the specified appendix.

Article 83. Forming of the total market of gas of the Union and ensuring access to services of subjects of natural monopolies in the field of gas transportation

1. State members perform step-by-step forming of the total market of gas of the Union according to appendix No. 22 taking into account the transitional provisions provided by Items 4 and 5 of Article 104 of this agreement.

2. State members develop the concept and the program of forming of the total market of gas of the Union approved by the Supreme council.

3. State members sign the international treaty within the Union on forming of the total market of gas which is based on the provisions approved concepts and programs of forming of the total market of gas of the Union.

4. State members within the available technical capabilities, free capacities of gas-transport systems taking into account the approved indicative (forecast) balance of gas of the Union and based on civil agreements of business entities provide easy access of business entities of other state members to the gas-transport systems located in the territories of state members for gas transportation on the basis of the single principles, conditions and rules provided by appendix No. 22 to this Agreement.

Article 84. Forming of the total markets of oil and oil products of the Union and ensuring access to services of subjects of natural monopolies in the field of oil transportation and oil products

1. State members perform step-by-step forming of the total markets of oil and oil products of the Union according to appendix No. 23 to this agreement taking into account the transitional provisions provided by Items 6 and 7 of Article 104 of this agreement.

2. State members develop the concept and the program of forming of the total markets of oil and oil products of the Union approved by the Supreme council.

3. State members sign the international treaty within the Union on forming of the total markets of oil and oil products which is based on the provisions approved concepts and programs of forming of the total markets of oil and oil products of the Union.

4. State members within the available technical capabilities taking into account the approved indicative (forecast) balance of oil of the Union, the approved indicative (forecast) balances of oil products of the Union and based on civil agreements of business entities provide easy access of business entities of other state members to the oil transportation systems and oil products located in the territories of state members on the basis of the single principles, conditions and rules provided by appendix No. 23 to this agreement.

Article 85. Powers of the Commission in the field of power

In the field of power the Commission performs monitoring of execution of this Section.

Section XXI. Transport

Article 86. The coordinated (approved) transport policy

1. In the Union the coordinated (approved) transport policy aimed at providing economic integration, consecutive and step-by-step forming of single transport space on the principles of the competition, openness, safety, reliability, availability and ecological compatibility is performed.

2. Tasks of the coordinated (approved) transport policy are:

1) creation of the total market of transport services;

2) acceptance of agreed measures on providing general benefits in the field of transport and realization of the best the practician;

3) integration of transport systems of state members into world transport system;

4) effective use of transit potential of state members;

5) improvement of quality of transport services;

6) safety on transport;

7) decrease in harmful effects of transport on the environment and health of the person;

8) forming of the favorable investment climate.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.