of December 2, 2015 №85
About approval of the Order of interaction between state members of the Eurasian Economic Union and the Eurasian economic commission on questions of the international trade disputes with the third parties
For the purpose of implementation of the order of the Eurasian intergovernmental council of May 29, 2015 the №2 Council of the Eurasian Economic Commission decided:
1. Approve the enclosed Order of interaction between state members of the Eurasian Economic Union and the Eurasian economic commission on questions of the international trade disputes with the third parties.
Members of the Supreme Eurasian economic council:
from the Republic of Armenia
from the Republic of Kazakhstan
from the Republic of Belarus
from the Kyrgyz Republic
from the Russian Federation
Approved by the Decision of Council of the Eurasian economic commission of December 2, 2015 №85
1. This Procedure determines the procedure of interaction between state members of the Eurasian Economic Union (further respectively - state members, the Union) and the Eurasian economic commission (further - the Commission) by the international trade disputes with the third parties.
2. The concepts used in this Procedure mean the following:
"initiation of dispute" - the beginning of the procedure of permission of the international trade dispute with the third party determined according to the procedure of the dispute resolution provided by the international treaty.
In case with disputes within the World Trade Organization (WTO) for the purposes of application of this Procedure initiation of dispute is understood as the direction by the third party which is the member of the WTO, request for carrying out consultations according to Article 4 of the Arrangement on the rules and procedures regulating the dispute resolution (Appendix 2 to the Marrakesh agreement on organization of the World Trade Organization of April 15, 1994) (further - the Agreement of the WTO);
"the international trade disputes" - disputes which party is the Union based on international treaties, and also disputes concerning measures of the Union in which the state member is defendant based on the Agreement of the WTO or the international treaty;
"international treaty" - the international treaty of the Union with the third party;
"the international body according to the dispute resolution" - the body for the dispute resolution chosen according to the procedure established by the international treaty or Body for the dispute resolution of the WTO;
"measure of the Union" - the international agreements and acts entering the right of the Union, and also action (failure to act) of the Commission.
3. The decision on initiation of dispute by the Union is made by Council of the Commission. For lack of possibility of reaching consensus at the level of Council concerning question of initiation of dispute by the Union the question is submitted to the Euroasian intergovernmental economic council or the Supreme Eurasian economic council according to the Agreement on the Eurasian Economic Union of May 29, 2014.
In case of violation by the third party of the international obligations to the Union the state member or the Commission which revealed such violation send the offer with reasons for need of initiation of dispute according to other state members and (or) to the Commission.
4. In case of initiation of dispute the state member which is the member of the WTO it is state member has the right to initiate carrying out consultations with other state members and the Commission on question of this dispute and to coordinate with them the actions within the dispute resolution.
5. In case of initiation of dispute by the third party of the copy of the notification on initiation of dispute and the materials which are applied to it are forwarded within 5 working days from the date of receipt of the notification taking into account Item 15 of this Procedure (including on electronic communication channels) by the state member which received the notification, to other state members and in the Commission, and the Commission which received the notification - to state members.
6. If the third party disputes measure of the Union, the Commission within 10 working days from the date of receipt of the copy of the notification on initiation of dispute sends to state members information (provides access to its electronic version), including information of limited distribution necessary for preparation of line item, taking into account Item 15 of this Procedure, and also if necessary comments on the international trade dispute.
7. Copies of the international trade disputes of documents received during the procedure of permission taking into account Item 15 of this Procedure go state member to the Commission and to other state members, and the Commission - to state members no later than 3 working days from the date of their obtaining.
8. State members represent the line items and additional materials (in the presence) to the Commission no later than 25 working days from the date of receipt of the offer on initiation of dispute according to theparagraph to the 2 Item 3 presents of the Procedure and no later than 15 working days from the date of receipt of the materials specified in Items 5 and 7 of this Procedure.
9. Based on the line items provided according to Item 8 of this Procedure state members and the Commission create within the Advisory committee on trade or by means of carrying out separate consultations the approved line item of the Union on the international trade dispute (further - the approved line item of the Union).
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