of December 23, 2014 No. 98
About Regulations of work of the Eurasian economic commission
According to Items 1 and 2 of article 12 of the Agreement on the Eurasian Economic Union signed on May 29, 2014 the Supreme Eurasian economic council at the level of heads of states solved:
1. Approve the enclosed Regulations of work of the Eurasian economic commission (further - Regulations).
The decision of the Supreme Eurasian economic council of November 18, 2011 No. 1 "About Regulations of work of the Eurasian economic commission", except for Items 39-41 of the Regulations of work of the Eurasian economic commission approved by the specified Decision and appendix No. 2 to the specified Regulations;
Item 1 of the Decision of the Supreme Eurasian economic council of May 29, 2013 No. 32 "About modification of Regulations of work of the Eurasian economic commission", except for Items 2 and 5 of appendix to the specified Decision;
The decision of the Supreme Eurasian economic council of May 29, 2013 No. 33 "About modification of Regulations of work of the Eurasian economic commission".
3. Determine that:
the paragraph of the seventh of Item 22 and the paragraph of the seventh of Item 69 of Regulations are applied since March 1, 2015 to drafts of decisions of the Commission which are subject to preliminary publication according to the procedure, established by the Section VIII of Regulations;
the paragraph of the eighth of Item 22 and the paragraph of the eighth of Item 69 of Regulations are applied since April 1, 2015 to drafts of decisions of the Commission which are subject to assessment of the regulating impact according to the procedure, established by the Section IX of Regulations;
Items 39-41 of the Regulations of work of the Eurasian economic commission approved by the Decision of the Supreme Eurasian economic council of November 18, 2011 No. 1, and appendices No. 2 to it and also Items 2 and 5 of appendix to the Decision of the Supreme Eurasian economic council of May 29, 2013 void No. 32 from the effective date the Agreement on the Eurasian Economic Union signed within the Eurasian Economic Union according to Item 1 of Article 7 of May 29, 2014 of the international treaty determining questions of the conclusion of international treaties of the Eurasian Economic Union with the third states, their integration associations and the international organizations.
4. Determine that during the period before the expiration of powers to which members of Board of the Eurasian economic commission from the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation were appointed before entry into force of the Agreement on the Eurasian Economic Union of May 29, 2014 the meeting of Board of the Eurasian economic commission is competent on condition of participation of members of Board in it in the quantity providing at least two thirds of voices of total number of voices of members of Board, and, at least, 1 member of Board of each of state members of the Eurasian Economic Union.
5. This Decision becomes effective from the effective date Agreements on the Eurasian Economic Union of May 29, 2014.
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Members of the Supreme Eurasian economic council: from the Republic of Belarus / Signature / |
from the Russian Federation / Signature / |
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from the Republic of Kazakhstan / Signature / |
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Approved by the Decision of the Supreme Eurasian economic council of December 23, 2014, No. 98
1. These Regulations are developed according to the Agreement on the Eurasian Economic Union of May 29, 2014 and determine procedure for activities of Council of the Eurasian economic commission (further - Council) and Boards of the Eurasian economic commission (further - Board), differentiations of powers and functions of Council and Board, preliminary publication of drafts of decisions of bodies of the Eurasian Economic Union (further - the Union) on the official site of the Union on the Internet (further - the official site of the Union), evaluating the regulating impact of drafts of decisions of the Eurasian economic commission (further - the Commission) and drafts of the international treaties signed between state members of the Union on the questions connected with functioning and development of the Union (further respectively - the international agreements within the Union, state members), estimates of the actual impact of the made decisions of the Commission and interaction with state members.
2. In the activities the Commission is guided by the Agreement on the Eurasian Economic Union of May 29, 2014 (further - the Agreement on the Union), international treaties within the Union, the international treaties signed with the third states, their integration associations and the international organizations (further - the international agreements of the Union with the third party), decisions and orders of the Supreme Eurasian economic council (further - the Supreme council) and Eurasian intergovernmental council (further - Intergovernmental council).
3. Council is created according to the Section II of the Provisions on the Eurasian economic commission which are appendix No. 1 to the Agreement on the Union (further - Regulations on the Commission).
4. The governments of state members in writing notify each other, and also Board on the representative of state member in the Council given necessary authority according to the legislation of state member following the results of consideration by the Supreme council of article 16 of the Agreement on the Union of the candidate for the member of council provided by Intergovernmental council according to item 4 within 7 working days from the effective date of the act of investment of such representative with appropriate authority. The copy of the specified act is attached to the notification.
5. In case of release of the representative of state member in Council from position of the deputy prime minister of state member, or the termination of execution of powers of the deputy prime minister of state member by it, or redistributions of obligations between deputy prime ministers of state member makes replacement of the representative of state member in Council.
The government of state member informs other state members and Board on need of replacement of the representative in Council.
Replacement of the representative of state member in Council is performed according to the procedure, the established Agreement on the Union for appointment of the representative of state member.
6. The chairman of the board is appointed by the order of Council accepted taking into account procedure and the term of implementation of presidency in Council determined by item 4 of article 8 of the Agreement on the Union and provisions of Item 28 of the Regulations on the Commission.
7. Meetings of Council are held, as a rule, monthly, on the second Friday of month. If necessary before meeting of Council in internal format expert meetings concerning the agenda of meeting of Council can be held.
8. Time and the venue of the regular meeting of Council are determined at prior meeting of Council and are specified at the disposal of Council.
In case of impossibility of holding the regular meeting in the place or in time, established earlier, the Chairman of the board with the consent of members of council determines the new place and (or) time of its carrying out.
Emergency meetings
9. Emergency meetings of Council are convened at the initiative of any member of council or the Chairman of Board according to the decision of Board.
The decision on holding emergency meeting of Council is made under approval of all members of council.
10. For holding emergency meeting of Council the member of council initiating holding emergency meeting of Council or the Chairman of Board sends to the Chairman of the board the appeal with reasons for need of convocation of emergency meeting of Council.
The chairman of the board determines date and time of holding emergency meeting and sends the offer to other members of council.
After approval of members of council of the offer on holding emergency meeting the Chairman of the board notifies the Chairman of Board on date and time of its carrying out for the organization of preparation of emergency meeting of Council.
11. The emergency meeting of Council for consideration of question of cancellation of the decision of the Commission made by Board or about entering of changes into it is held according to the procedure, established by the Section IV of these Regulations.
12. Meetings of Council can be held in the video conference mode.
13. In case of holding meeting of Council in the video conference mode the decision of Council is drawn up in the number of copies corresponding to number of members of council. Copies of the decision of Council are signed by members of council during the meeting.
Acceptance date of the specified decision of Council date of video conference is.
The place of adoption of the specified decision of Council is the location of the Chairman of the board.
14. The copies of the decision made in the video conference mode signed by members of council no later than 3 working days go to the Commission.
Forming of the agenda of meeting of Council
15. The agenda of meeting of Council joins the questions offered by the member of council, the Chairman of Board according to the decision of Board.
Offers on inclusion of question in the agenda of meeting of Council are subject to reasons in the reference included in set of documents and materials according to Item 21 of these Regulations.
16. Preparation of the draft of the agenda of meeting of Council and materials on the questions included in the draft of the agenda, the direction on approval to members of council and approval of the agenda by the Chairman of the board are provided with the Chairman of Board not later than 45 calendar days about day of holding the regular meeting of Council.
17. The question which consideration is offered the member of council joins in the draft of the agenda of meeting of Council irrespective of approval by his other members of council.
18. Questions of acceptance at meeting of Council of decisions which drafts according to item 4 of article 111 of the Agreement on the Union are subject to preliminary publication and also decisions concerning which according to Item 15 of the Regulations on the Commission assessment of the regulating impact shall be carried out join in the agenda of meeting of Council in the presence of information on the accomplishment of the specified procedures according to the procedure established by Sections VIII and IX of these Regulations respectively.
19. The chairman of the board in case of approval of the agenda of meeting of Council has no right to exclude from it consideration of any question included in the agenda in accordance with the established procedure.
20. The agenda of meeting of Council approved by members of council and approved by the Chairman of the board, documents and materials on the questions included in the agenda go to the Chairman of Board not later than 20 calendar days about day of holding meeting of Council for the organization of preparation of meeting of Council.
Preparation of set of documents and materials on the questions included in the agenda of meeting of Council and its mailing
21. Not later than 15 calendar days about day of holding meeting of Council the Chairman of Board sends to the Chairman of the board and members of council the agenda of meeting of Council approved by the Chairman of the board and the prepared set of documents and materials on the questions included in the agenda of meeting of Council.
At the same time electronic versions of the specified documents (except for documents of limited distribution) go by means of electronic mailing to the e-mail address of public authorities of the state members authorized on interaction with the Commission.
22. The set of documents and materials on each of questions of the agenda of meeting of Council includes:
the reference with work progress statement on case in point with reasons for need of adoption of the offered document (the decision, the order, the recommendation);
the documents provided on the matter by the Agreement on the Union, international treaties within the Union;
draft documents (decisions, orders, recommendations) for signing. The draft decision (recommendations) of Council shall contain the reference to the provision of the Agreement on the Union, the international treaty within the Union providing power of the Commission on adoption of this decision;
draft documents, submitted for consideration of Intergovernmental council, the Supreme council;
final materials of consideration of drafts of decisions by the consultative body under Board created according to Item 44 of the Regulations on the Commission (further - consultative body) if the matter is determined by Council for carrying out binding consultation within consultative body according to Item 25 of the Regulations on the Commission, and also in other cases when the question was considered by consultative body;
the report of comments and offers on the draft decision of the Commission which is previously published on the official site of the Union (in the presence) if according to the Section VIII of these Regulations the draft decision is subject to preliminary publication;
the conclusion about assessment of the regulating impact of the draft decision of the Commission and the information research opinion about effects of influence of the specified project on conditions of conducting business activity if according to the Section IX of these Regulations the decision of the Commission be made taking into account results of evaluating the regulating impact;
the financial and economic reasons for drafts of decisions of the Commission containing the description of economic effect of implementation of the decision, impact assessment of implementation of the decision on expenses of the budget of the Union and also depending on contents of the draft decision - calculations in terms of money (in Russian rubles);
documents with statement of line items of the state members on case in point provided at the request of the Commission, the note and the offer of state members on the drafts of decisions and other documents included in set of documents and materials for meeting of Board (in the presence);
other documents and materials which matter for decision making on case in point.
In case of absence in set of documents and materials concerning the agenda of meeting of Council of the conclusion about assessment of the regulating impact of the draft decision of Council and the information research opinion about effects of influence of the specified decision on conditions of conducting business activity if the decision of Council shall be made taking into account results of evaluating the regulating impact, the draft decision of Council returns for evaluating the regulating impact. The decision on return of the draft decision of Council for evaluating the regulating impact can be made by the Chairman of Board, including based on the consolidated line item of coordinators from business of community of each state member.
23. For questions on which need of adoption of decisions by Council is caused by the exceptional cases requiring rapid response the set of documents and materials can be represented not in full, however sufficient for their subject consideration. Reasons for the reasons of representation of incomplete set of documents and materials and sufficiency it for subject consideration of question are given in the reference with work progress statement on case in point.
24. In the presence at state members of notes and offers following the results of consideration according to the procedure, established by regulatory legal acts of state members, drafts of the decisions of Council included in set of documents and materials for meeting of Council, the public authorities of state members authorized on interaction with the Commission provide the direction in the Commission of such notes and offers.
The specified notes and offers go to the Commission in the terms established in the regulatory legal acts determining order of interaction of public authorities of state members with the Commission so that these notes and offers arrived in the Commission not later than 3 calendar days about day of holding meeting of Council.
25. All members of council, the Chairman of Board, and also by the invitation of Council - members of Board participate in meetings of Council. Members of Board to whose competence the questions considered at meeting of Council without fail are carried are invited to meeting of Council for the report on the question.
Members of council can invite to meetings of Council of representatives of state members (officials and the staff of public authorities, employees of offices of the governments of state members), coordinators from business of community of each state member and other persons. The list of the representatives of state members and other persons invited by the member of council, as a rule, join 4 representatives of public authorities of state member and 7 experts who are co-reporters on the questions considered during the meeting of Council. The quantity of invited can be changed by the member of council.
Representatives of the third states according to the procedure and on conditions which are determined by the Agreement on the Union can participate in meetings of Council.
In coordination with the Chairman of the board officials and the staff of structural divisions of the Commission can participate in meetings of Council. The offer on participation of officials and the staff of structural divisions of the Commission is submitted the Chairman of Board, including based on proposals of members of Board.
The issue of presence at meetings of Council of accredited representatives of mass media is resolved by the Chairman of the board in coordination with members of council.
26. Meetings of Council open and closed by the Chairman of the board.
27. In case of the consent of all members of council the question which is not included in the agenda of meeting can be discussed at meeting of Council.
28. Meetings of Council are taken shorthand.
Shorthand reports of meetings (working records) are documents for office use.
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