WT/REG358/1  
 
13 July 2018 
(18-4336) Page: 1/115 
Committee on Regional Trade Agreements   
 
FACTUAL PRESENTATION  
TREATY ON THE EURASI AN ECONOMIC UNION  
(GOODS AND SERVICES)  
Report by the Secretariat  
This report, prepared for the consideration of the Treaty on the Eurasian Economic 
Union, has been drawn up by the WTO Secretariat on its own responsibility and in full 
consultation with the Parties. The factual presentation reproduces as closely as 
possible the terminology used in the Treaties and in the comments provided and d oes 
not imply official endorsement or acceptance by the Secretariat of such terminology. 
The report has been drawn up in accordance with the rules and procedures contained 
in the Decision for a Transparency Mechanism for Regional Trade Agreements 
(WT/L/671 ) and thus does not imply any value judgement by the Secretariat 
regarding the contents of the Agreement.  
Any technical questions arising from this report may be addressed to Maria Donner 
Abreu (tel: +41 22 739 52 44) . Any statistical questions arising fro m this report may 
be addressed to Rowena Cabos (tel: +41 22 739 51 85).  
 
 
 
  WT/REG358/1  
 
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  TABLE OF CONTENTS  
Page 
1   TRADE ENVIRONMENT  ................................ ................................ ................................ . 5 
1.1   Merchandise trade  ................................ ................................ ................................ ....... 5 
1.2   Trade in services and investment  ................................ ................................ ..................  9 
2   CHARACTERISTIC ELEME NTS OF THE AGREEMENT  ................................ ....................  14 
2.1   Background Information  ................................ ................................ .............................. 14 
3   PROVISIONS ON TRADE IN GOODS  ................................ ................................ ...........  19 
3.1   Trade liberalization between the Parties  ................................ ................................ ........ 20 
3.2   Trade with third parties  ................................ ................................ ............................... 20 
3.2.1    Common  external tariff  ................................ ................................ ............................. 21 
3.2.2    Non-tariff measures  ................................ ................................ ................................ .28 
3.2.3    Other export -related measures  ................................ ................................ .................. 31 
3.2.4    Fees and charges connected with importation and exportation  ................................ ......32 
3.2.5    General incidence of the formation of the EAEU  ................................ ........................... 32 
3.3   Rules of origin  ................................ ................................ ................................ ............ 32 
3.4   Regulatory provisions on trade in goods  ................................ ................................ ........ 33 
3.4.1    Standards  ................................ ................................ ................................ ............... 33 
3.4.2    Safeguard mechanisms  ................................ ................................ ............................ 42 
3.4.3    Anti-dumping and countervail ing measures  ................................ ................................ .44 
3.4.4    Subsidies and State -aid ................................ ................................ ............................ 46 
3.4.5    Customs -related procedures ................................ ................................ ...................... 48 
3.5   Sector -specific provisions on trade in goods  ................................ ................................ ...50 
3.5.1    Agriculture  ................................ ................................ ................................ .............. 50 
3.5.2    Industry  ................................ ................................ ................................ ................. 50 
4   PROVISIONS ON TRADE IN SERVICES AND INVESTM ENT ................................ .........  51 
4.1   Scope and definitions  ................................ ................................ ................................ ..51 
4.2   Denial of benefits  ................................ ................................ ................................ .......53 
4.3   General provisions on trade in services and investment  ................................ ................... 53 
4.3.1    Market access  ................................ ................................ ................................ ......... 53 
4.3.2    National and MFN treatment  ................................ ................................ ...................... 54 
4.3.3    Commercial presence  ................................ ................................ ............................... 54 
4.3.4    Movement of natural persons  ................................ ................................ .................... 55 
4.3.5    Performance requirements  ................................ ................................ ........................ 55 
4.3.6    State enterprises and monopolies  ................................ ................................ .............. 55 
4.4   Liberalization commitments and the Single Market  ................................ .......................... 56 
4.4.1    Kazakhstan  ................................ ................................ ................................ ............. 58 
4.4.2    Russian Federati on................................ ................................ ................................ ...62 
4.4.3    Belarus  ................................ ................................ ................................ ................... 67 
4.5   Regulatory provisions  ................................ ................................ ................................ ..70 WT/R EG358/1  
 
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  4.5.1    Domestic regulation  ................................ ................................ ................................ .70 
4.5.2    Recognition  ................................ ................................ ................................ ............. 70 
4.5.3    Subsidie s ................................ ................................ ................................ ................ 71 
4.5.4    Safeguards  ................................ ................................ ................................ ............. 71 
4.5.5    Other  ................................ ................................ ................................ ..................... 71 
4.6   Sector specific provisions on trade in services  ................................ ................................ 71 
4.6.1    Telecommunication services  ................................ ................................ ...................... 71 
4.6.2    Financial services  ................................ ................................ ................................ .....72 
4.6.3    Energy  ................................ ................................ ................................ ................... 73 
4.6.4    Transport services  ................................ ................................ ................................ ...74 
4.7   Other provisions on investment  ................................ ................................ .................... 77 
5   GENERAL PROVISIONS O F THE AGREEMENT  ................................ .............................  77 
5.1   Transparency  ................................ ................................ ................................ ............. 77 
5.2   Current payments and capital movements  ................................ ................................ .....77 
5.3   Exceptions  ................................ ................................ ................................ ................. 79 
5.4   Access ion and Withdrawal ................................ ................................ ............................ 79 
5.5   Institutional framework  ................................ ................................ ............................... 80 
5.6   Dispute settlement  ................................ ................................ ................................ .....84 
5.7   Relationship with other agreements concluded  by the Parties  ................................ ........... 87 
5.8   Government procurement  ................................ ................................ ............................ 88 
5.9   Intellectual property rights  ................................ ................................ .......................... 89 
5.9.1    Copyright and Related Rights  ................................ ................................ .................... 89 
5.9.2    Registration of trademarks, service marks and appellations of origin  .............................. 90 
5.9.3    Geographical indications  ................................ ................................ ........................... 90 
5.9.4    Patent rights  ................................ ................................ ................................ ........... 90 
5.9.5    Topographies of integrated circuits  ................................ ................................ ............ 90 
5.9.6    Trade secrets  ................................ ................................ ................................ .......... 90 
5.9.7    Enforcement  ................................ ................................ ................................ ........... 91 
5.10   Other  ................................ ................................ ................................ ...................... 91 
5.10.1    Competition  ................................ ................................ ................................ .......... 91 
5.10.2    Labour  ................................ ................................ ................................ .................. 91 
5.10.3    Other  ................................ ................................ ................................ ................... 92 
ANNEX 1  ................................ ................................ ................................ ........................  93 
ANNEX 2  ................................ ................................ ................................ ........................  95 
ANNEX 3  ................................ ................................ ................................ ........................  97 
ANNEX 4  ................................ ................................ ................................ ......................  100  
ANNEX 5  ................................ ................................ ................................ ......................  103  
ANNEX 6  ................................ ................................ ................................ ......................  104  
ANNEX 7  ................................ ................................ ................................ ......................  108  
ANNEX 8  ................................ ................................ ................................ ......................  110  WT/REG358/1  
 
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  ANNEX 9  ................................ ................................ ................................ ......................  111  
ANNEX 10 ................................ ................................ ................................ .....................  112  
  WT/R EG358/1  
 
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KEY FACTS  
 
Parties to the Treaty:  Republic of Belarus, Republic of Kazakhstan and  the 
Russian Federation  
 
Date of Signature:   29 May 2014  
 
Date of Entry into Force:  1 January 2015  
 
Date of Notification:   12 December 2014  
 
Full implementation :  2025 
 
 
 
1  TRADE ENVIRONMENT1 
1.1.  The Eurasian Economic Union – hereafter the EAEU – represents the last stage of integration 
between the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation. The 
origins of trade cooperation and integration amongst these three countri es can be traced back to 
their Customs Union Agreement signed in 1995.  
1.2.  The three economies are of considerably different sizes and have different trade profiles. In 
2016, Belarus's GDP was estimated at US$48,847 million, and it ranked 45th and 43rd among 
global exporters and importers of goods  (excluding intra-EU trade) , respectively. In the same year, 
Kazakhstan had a GDP of US$133,757 million; for world trade in goods it ranked 34th as regards 
exports and 44th as regards imports. The Russian Federation's  GDP accounted for US$1,280 billion 
in 2016; its global ranking was 11th and 17th for merchandise exports and imports, respectively. In 
2016, Belarus's world exports reached US$23.3 billion and imports US$27.6 billion and 
Kazakhstan's merchandise exports a nd imports reached US$36.8 billion and US$25.2 billion, 
respectively. Also in 2016, Russian Federation's exports were estimated at US$281.8 billion and 
imports at US$191.4 billion. Belarus's exports are dominated by manufactures  while manufactures, 
fuels a nd mining products constitute the bulk of its imports. Fuels and mining products dominate 
exports of both Kazakhstan and the Russian Federation, while imports are concentrated in 
manufactures.  
1.3.  In 2016, Belarus ranked 43rd and 53rd among global exporters an d importers of commercial 
services; with exports valued at US$6,787 million and imports at US$4,244 million, while  
Kazakhstan ranked 45th and 38th among global exporters and importers of commercial services 
with the value of services exports and imports re aching respectively US$6,044 million and 
US$10,816 million. Also in 2016, the global ranking of the Russian Federation was 14th and 12th for 
commercial services exports and imports, respectively; with the value of exports estimated at 
US$49,679 million and  imports – US$72,872 million.  
1.1  Merchandise trade  
1.4.  In 2016, Belarus accounted for a  relatively small  share of Kazakhstan's global exports and 
imports , ranking 26th and 10th, respectively; in contrast, it is the Russian Federation's third and 
fourth largest export and import market. In the same year, Kazakhstan was the sixth and 20th 
largest export and import market for Belarus products; and the sixth and eighth largest for the 
Russian Federation. Also in 2016, the Russian Federation was the largest export and import 
market for Belarus products; as well as the third largest and the largest  for Kazakhstan's exports 
and imports.2 
1.5.  Chart 1.1 shows trends in intra and extra -trade o f the EAEU for the 2001 -2016 period. The 
EAEU's trade is dominated by trade with third parties; intra -EAEU trade remains relatively modest. 
                                                
1 Unless otherwise indicated, all data in this section are from the WTO Trade Profiles  2017. Ranking 
figures exclude intra -EU trade.  
2 UNSD, Comtrade Database. Excludes intra -EU trade.  WT/REG358/1  
 
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  In general, since 2001 the EAEU's global trade has grown consistently, reaching a peak in 2012 at 
US$942 billion – the major exception being a sharp decline in 2009 due to the 2008 -2009 world 
economic crisis. As of 2013, the EAEU's flows of both exports and imports have declined  steadily  
coincid ing with an economic slowdown in both Kazakhstan and the Russian Federation.  Throughout 
the 2001 -2016 period, the EAEU has persistently remained a net exporter vis-à-vis the world with 
a substantial decline in its trade surplus in 2015 -2016. Trade among Parties has generally followed 
a positive trend but of a smaller magnitude and  has generally been less volatile. .  
Chart 1.1 EAEU: Intra and extra -trade, 2001 -2016  
 
Source:  UNSD, Comtrade database.  
 
1.6.  Charts 1. 2–1.4 depict the Parties' commodity structure of trade, as well as their imports and 
exports to the world in the period 2012 -2014, on the basis of the Harmonized System (HS) 
sections.  
1.7.  Belarus's imports from the Russian Federation were dominated by minerals (58%), followed 
by base metals (11%) and machinery (8%); and from Kazakh stan by base metals (49%), vehicles 
(14%) and chemicals (13%). Minerals also account for the bulk of Belarus's global imports (33%) 
and exports (35%). Kazakhstan's imports from the Russian Federation are slightly less 
concentrated, with minerals (25%), bas e metals (14%) and machinery (14%) as top imports; its 
key imports from Belarus are vehicles (21%), machinery (15%) and live animals (12%). Vehicles 
are Kazakhstan's second largest global import (14%), with machinery ranking first product of 
import (25%). Kazakhstan's global exports are highly concentrated, with minerals accounting for 
78% and base metals for 10%. Finally, machinery (20%) and live animals (16%) are major 
imports from Belarus by the Russian Federation ; minerals (35%), machinery (22%) and bas e 
metals (17%) are the main imports from Kazakhstan. With respect to global imports, Russian 
Federation's top ranking compr ised machinery, vehicles and chemicals – with respectively 30%, 
16%, and 11%. Similar to Kazakhstan, minerals (71%) were also the Rus sian Federation's main 
global exports.  
0100200300400500600700
ExpImp ExpImp ExpImp ExpImp ExpImp ExpImp ExpImp ExpImp ExpImp ExpImp ExpImp ExpImp ExpImp ExpImp ExpImp ExpImp
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016US$ billions
Intra-EAEU Extra-EAEUWT/R EG358/1  
 
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  Chart 1.2 Belarus and EAEU: Product composition of merchandise trade, annual average 
(2012 -2014)  
 
Source:  UNSD, Comtrade database.  
  
58
11844438Belarus' imports from the 
Russian Federation (%)
49
1413655522Belarus' imports from 
Kazakhstan (%)
33
17
10776532227Belarus ' Global Imports (%)
35
13
98764442225Belarus ' Global Exports (%)Total: US$ 23,904 million Total: US$ 93 million
Total: US$ 40 billion Total: US$ 43 billion
WT/REG358/1  
 
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  Chart 1.3 Kazakhstan and EAEU: Product composition of merchandise trade, annual 
average (2012 -2014)  
 
Source:  UNSD, Comtrade database.  
  
25
14
1412775322225Kazakhstan's imports from the 
Russian Federation (%)
21
15
12
1186654435Kazakhstan's imports from 
Belarus (%)
25
14
12 1195533332223Kazakhstan 's Global Imports (%)
7810435Kazakhstan 's Global Exports (%)Total: US$ 16,297 million Total: US$ 716 million
Total: US$ 85 billion Total: US$ 45 billion
WT/R EG358/1  
 
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  Chart 1.4 Russian Federation and EAEU:  Product composition of merchandise trade, 
annual average (2014 -2016)  
 
Source:  UNSD, Comtrade database.  
 
1.2  Trade in services and investment  
1.8.  Charts 1. 5-1.7 show the breakdown of global commercial services trade for Belarus and 
Kazakhstan in 2005 -2016 and for the Russ ian Federation in 2001 -2016. Chart 1. 5 includes 
Belarus's trade in commercial services with the world. During this period, Belarus was a net 
importer of travel and financial services; charges for the use of intellectual property; and personal, 
cultural and  recreational services. It had a surplus in transport and manufacturing services on 
physical inputs owned by others; and telecom, computer and information services. Kazakhstan 
was a net importer of most services, with maintenance and repair services, trans port, construction 
and travel forming key imports  (Chart 1. 6). The Russian Federation was a net importer especially 
of travel; transport;  and maintenance and repair . For the three member States, the largest 
exports were construction, travel, transport and maintenance and repair services (Chart 1. 7).  
20
16
10
1077654433223Russian Federation's imports from 
Belarus (%)
35
221796227Russian Federation's imports from 
Kazakhstan (%)
30
16
1175444433225Russian Federation 's Global Imports 
(%)
71853329Russian Federation 's Global Exports  
(%)Total: US$ 13 billion Total: US$ 7.4 billion
Total: US$ 517 billion Total: US$ 306 billion
WT/REG358/1  
 
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  Chart 1.5 Belarus: Trade in commercial services data with world, 2005 -2016  
 
Note:  Based on BPM6.  
Source:  WTO Statistics Database.  
 
Chart 1.6 Kazakhstan: Trade in commercial services data with world, 2005 -2016  
 
Note:  Based on BPM6.  
 No trade data for Manufacturing services on physical inputs owned by others (2007 -12) and no 
export data for Manufacturing services ( 2005-06; 2013 -16) and Charges for the use of intellectual 
property  n.i.e. (2006 -12). 
Source:  WTO Statistics Database.  
Manufacturing services on physical 
inputs owned by others
Maintenance & repair services, n.i.e.
Transport services
Travel servicesInsurance and pension 
services
Financial services
Charges for the use of 
intellectual property n.i.e.Telecom, computer and 
information services
Other business servicesConstruction services
Personal, cultural and 
recreational services0.01.02.03.04.05.06.07.08.09.0
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016A. Belarus imports from world
2005 -2016
(US$ Billion)
0.01.02.03.04.05.06.07.08.09.0
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016B. Belarus exports to world
2005 -2016
(US$ Billion)
Manufacturing services on physical 
inputs owned by others
Maintenance & repair services, n.i.e.
Transport services
Travel servicesInsurance and pension 
services
Financial services
Charges for the use of 
intellectual property n.i.e.Telecom, computer and 
information services
Other business servicesConstruction services
Personal, cultural and 
recreational services0.02.04.06.08.010.012.014.0
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016A. Kazakhstan imports from world
2005 -2016
(US$ Billion)
0.02.04.06.08.010.012.014.0
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016B. Kazakhstan exports to world
2005 -2016
(US$ Billion)WT/R EG358/1  
 
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  Chart 1.7 Russian Federation: Trade in commercial services data with world, 2001 -2016  
 
Note:  Based on BPM6.  
Source:  Data viewed from: http://www.cbr.ru/eng/statistics/Default.aspx?PrtId=svs . 
 
1.9.  Bilateral data on trade in services is only available for the  Russian Federatio n (Chart 1. 9). 
During 2005 -2016, the Russian Federation's trade in services with Belarus registered a deficit 
which had been generally growing since 2006 and decreased in 2015 -2016. With respect to 
bilateral trade with Kazakhstan, the Russian Federation wa s a net exporter of services; exports 
have increased  since 2006 but saw a sharp decline in 2016.  
Chart 1.8 Russian Federation: Bilateral trade in services with Belarus and Kazakhstan, 
2005 -2016  
 
Note:  Based on BPM6.  
Source:  Data viewed from: http://www.cbr.ru/eng/statistics/Default.aspx?PrtId=svs.  
 
Manufacturing services on physical 
inputs owned by others
Maintenance & repair services, n.i.e.
Transport services
Travel servicesInsurance and pension 
services
Financial services
Charges for the use of 
intellectual property n.i.e.Telecom, computer and 
information services
Other business servicesConstruction services
Personal, cultural and 
recreational services020406080100120140
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016A. Russian Federation imports from world
2001 -2016
(US$ Billion)
020406080100120140
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016B. Russian Federation exports to world
2001 -2016
(US$ Billion)
0.00.51.01.52.02.53.0
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016A. Russian Federation trade in services 
with Belarus
2005 -2016
(US$ Billion ) 
Export Import
0.00.51.01.52.02.53.0
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016B. Russian Federation trade in services 
with Kazakhstan
2005 -2016
(US$ Billion) 
Export ImportWT/REG358/1  
 
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  1.10.   Chart 1. 9 depicts Belarus's foreign direct investment (FDI) with the world during 
2001-2016, showing that it was a net importer in terms of both stocks and flows over that period. 
FDI inward stock with the world has grown consistently since 2001. FDI inward flow s have 
fluctuated to a large extent , peaking in 2008, 2011 and 2013, but later decreasing  in the 2014–
2016 period.  
Chart 1.9 Belarus: FDI stock and flow with world, 2001 -2016  
 
Source : UNCTADStat.  
 
During 2012 -2014, Kazakhstan was a net importer of FDI flows both from the world and the 1.11.   
EAEU member States, as shown in Chart 1.1 0. While FDI flows from the world decreased , FDI from 
both Belarus and the Russian Federation increased , albeit only for the three year period . 
02468101214161820
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016A. Belarus FDI stock with world
2001 -2016
(US$ Billion ) 
Outward Inward
-0.50.00.51.01.52.02.53.03.54.04.5
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016B. Belarus FDI flow with world
2001 -2016
(US$ Billion) 
Outward InwardWT/R EG358/1  
 
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  Chart 1.10 Kazakhstan: FDI flow with Belarus, Russian Federation and world, 2012 -2014  
 
Source : Kazakhstan authorities.  
 
1.12.   During 2009 -2016, the Russian Federation was a net importer of FDI in terms of its stock 
with the world, with an exception in 2014 -2015 (Chart 1. 11). Conversely, with the  other EAEU 
member States  it maintains an FDI surplus in terms of stocks . In terms of flows of FDI towards 
Belarus, they have fluctuated to a large extent , peaking in 2011. After some volatility up until 
2011, the Russian Federatio n's FDI flows to Kazakhstan have gradually decreased since 2012.  
050100150200250
2012 2013 2014B. FDI flow with Belarus
(US$ Million) 
Outward Inward
02004006008001,0001,2001,4001,6001,800
2012 2013 2014C. FDI flow with Russian Federation
(US$ Million) 
Outward Inward05,00010,00015,00020,00025,00030,00035,000A. Kazakshtan FDI flow with world
(US$ Million ) 
Outward InwardWT/REG358/1  
 
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  Chart 1.11 Russian Federation: FDI stock and flow with Belarus, Kazakhstan and world  
 
Source:  Data viewed from: http://www.cbr.ru/eng/statistics/Default.aspx?PrtId=svs  
 
2  CHARACTERISTIC ELEME NTS OF THE AGREEMENT  
2.1  Background Information  
2.1.  On 12 December 2014, the Russian Federation notified the "Treaty Establishing the Eurasian 
Economic Union " (hereafter, the EAEU) between the Russian Federation, the Republic of Belarus 
and the Republic of Kazakhstan under both Article XXIV of the GATT 1994 and Article V of the 
GATS (WT/REG358/N/1 and S/C/N/785). The Tre aty provides for a common market for goods, 
services, capital and labour as well as coordinated and agreed policy in different areas, as provided 
for in the Treaty (Articles 4 and 5). It was signed on 29 May 2014 by the Presidents of Belarus, 
Kazakhstan an d the Russian Federation; the Treaty entered into force on 1 January 2015.3  
2.2.  At the time of EAEU's notification and entry into force, only the Russian Federation was a 
WTO Member.  As of January 2018, Belarus remains in the process of acceding to the WTO.  
2.3.  Kazakhstan became a WTO Member on 30 November 2015. In the context of the Working 
Party on its Accession, discussions were held on the establishment of the EAEU. In order to 
incorporate into the EAEU's legal system the accession commitments of Kazakhstan, t he five 
member States of the EAEU signed on 16 October 2015 the "Protocol on Certain Issues relating to 
the Importation and Movement of Goods in the Eurasian Economic Union"  (hereafter, the "Protocol 
of 16.10.2015") , which came into force on 11 January 201 6. The Protocol regulates import and 
movement within the EAEU of goods imported by Kazakhstan whose tariffs are lower than the CET 
of the EAEU, in accordance with its WTO obligations (see paragraph  3.21.   below ). 
                                                
3 Ratified by Belarus on 9 October 2014, Kazakhstan on 14 October 2014 and by the Russian Federation 
on 3 October 2014.  
WT/R EG358/1  
 
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  2.4.  On 29 December 2014, the Republic of Armenia (hereafter, "Armenia") and the Russian 
Federation notified the " Treaty on Accession of the Republic of Armenia to the EAEU" under both 
Article XXIV of the GATT 1994 and Article V of the GATS (WT/REG363/N/1 and S/C/N/790). On 1 
September 2015, the Kyrgyz Republic notified the "Treaty on the Accession of the Kyrgyz Repub lic 
to the Treaty on the Eurasian Economic Union" under both Article XXIV of the GATT 1994 and 
Article V of the GATS (WT/REG366/N/1 and S/C/N/823). Factual Presentation s on th ese Treaties 
will be distributed separately . 
2.5.  Eurasian integration has been taking  shape since 1991, originally via the establishment of the 
Commonwealth of Independent States in 1991. The main steps of Eurasian integration are pictured 
in Box 2.1 and presented in paragraphs 2.7.  -2.10.    below ; some of the legal instruments 
involved have been notified to the WTO.  
2.6.  The major predecessor of the EAEU was the Agreement on the Customs Union (CU) between 
Belarus, Kazakh stan and the Russi an Federation, signed on 20 January 1995 and notified to the 
WTO on 21 December 2012 under Article XXIV of the GATT 1994 (WT/REG325/N/1). This 
framework Agreement, which had entered into force on 3 December 1997, established the 
fundamental principles for the creation of the customs union  – which was actual ly formed through 
the 2007 Treaty on the establishment of the Common Customs Territory and Formation of the 
Customs Union  (hereafter the "Customs Union Treaty") .4 The 2007 Customs Union Treaty was 
termina ted at the entry into force of the EA EU.  
2.7.  Following the 1995 framework Agreement , the establishment of  a common market for goods, 
services, capital and labour was originally envisaged  in the 1996 Treaty on Increased Integration 
in the Economic and Humanita rian Fields, signed by Belarus, Kazakhstan, the Russian Federation 
and the Kyrgyz Republic. This was later complemented with the 1999 Treaty on the Customs Union 
and the Single Economic Space (SES), signed by these four countries and Tajikistan. This Treaty 
elaborated on the gradual creation of the free -trade area and the customs union through stages to 
be defined by the  CU's Interstate Council.  
2.8.  In order to formally establish the CU and SES, in 2000 the now five countries (joined in 2006 
by Uzbekistan)  signed the Treaty on the establishment of the Eurasian Economic Community 
(EurAsEC), which entered into force on 30 May 2001. Th is institutional Treaty establishes the 
EurAsEC as an international organization with legal personality with the task of improv ing 
cooperation and promoting integration of its signatories. In 2003 the Treaty on the Establishment 
of the Common Economic Zone provided a roadmap for the establishment of a free trade area 
between  the five countries, but  without providing for preferenti al treatment.  
2.9.  In August 2006, at an informal EurAsEC summit meeting, it was decided that Belarus, 
Kazakhstan and Russia n Federation  would accelerate efforts aimed at the establishment of the 
Customs Union, while the Kyrgyz Republic and Tajikistan would joi n the organization as soon as 
they were ready; on this basis , the Customs Union Treaty was signed on 6 October 2007.5 In June 
2009 the CU's Supreme Body defined the stages for the creation of the CU and decided that it 
would come into force on 1 January 20 10 (as per Article 2 of the 2007 CU Treaty).  
2.10.   The 2007 CU remained in operation from 1 January 2010 until 1 January 2015, when it was 
terminated in accordance with Article 113 of the EAEU Treaty, which provides for the termination 
of international agreemen ts included in Annex 33 to the EAEU Treaty (see Annex 2 of this Factual 
Presentation). That list includes inter alia  the 2007 Customs Union Treaty and the EurAsEC Treaty6 
(the latter discontinuation was notified under WT/REG/GEN/9). However, t he Eurasian Economic 
Commission continued to act in accordance with the EAEU Treaty.7 Numerous legal instruments of 
the 2007 CU have however been incorporated into the EAEU law; whenever relevant, they will be 
referred to in this Factual Presentation.  
                                                
4 A Factual Presentatio n of this Agreement has not been distributed given that it has ceased to exist 
prior to the finalization  of the Presentation . 
5 In parallel to developments with the 6 members of EurAsEC , Belarus, Kazakhstan and the Russian 
Federation signed in 2003 a frame work agreement with Ukraine to establish a free trade area and possibly a 
customs union. No follow -up has however taken place, thus the framework agreement has been suspended.  
6 A Treaty on Discontinuation of Activities of the Eurasian Economic Community w as signed in Minsk on 
10 October 2014 , which provid ed for its termination on 1 January 2015 . 
7 The members of its Collegium continued their functions until their term expired.  WT/REG358/1  
 
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  Box 2.1 Timeline of EAEU  Integration  
MAINLY TRADE INSTRUMENTS    
MAINLY INSTITUTIONAL INSTRUMENTS  
Treaty on the CU  (framework) – BLR, RUS 
(6.1. 95); BLR, KAZ, RUS (20.1.95)  1995    
Agreement on Increased Integration in the 
Economic and Humanitarian Fields - BLR, KAZ, 
RUS; KGZ (29.3.96)  1996   
 
    
    
Treaty on the CU and the SES  – BLR, KAZ, 
RUS; KGZ, TJK (26.2.99)  1999    
 2000   Treaty on the establishment of the 
EurAsEC - BLR, KAZ, RUS, KGZ, TJK 
(10.10.00)  
    
    
Treaty on the establishment of the 
SES/CEZ  – BLR, KAZ, RUS; UKR (19.9.03); 
UKR has subsequently withdrawn from this 
Treaty.  2003   
 
    
    
 2006  
  Uzbekistan joins the EurAsEC  
 
Treaty on the Creation of the Common 
Customs Territory and Formation of the 
CU - BLR, KAZ, RUS (6.12.07)  2007   Protocol Amending the EurAsEC Treaty - BLR, 
KAZ, RUS; KGZ, TJK, UZB (6.10.07)  
Treaty on the Commission of the CU - BLR, 
KAZ, RUS (6.10.07)  
    
    
Establishment of the CU as of 1.1.10  2010    
Treaty on Functioning of the Customs 
Union within the Multilateral Trading 
System - BLR, KAZ, RUS (19.05.11)  2011   Treaty on the Eurasian Economic Commission - 
BLR, KAZ, RUS (18.11.11)  
SES legal framework is set out; Decision of the 
Supreme Eurasian Econom ic Council  
Establishment of the SES as of 1.1.12  2012    
Russian Federation becomes WTO Member    Russian Federation becomes WTO Member  
    
Treaty on the EAEU - BLR, KAZ, RUS (29.5.14)  
 
Agreement on Accession of Armenia to the 
EAEU (10.10.14)  
 
Agreement on the termination of the EurAsEC - 
(10.10.14)  
 
Agreement on Accession of Kyrgyz Republic to 
the EAEU (23.12.14)  2014   
 
Establishment of the EAEU as of 1.1.15  2015    
Accession of Armenia to the EAEU  
as of 2.1.15     
Accession of Kyrgyz Republic to the EAEU 
as of 12.8.15     
Kazakhstan becomes WTO Member  
(on 30 November)    Kazakhstan becomes WTO Member  
(on 30 November)  
EIF of the Protocol on Certain Issues relating to 
the Importation and Movement of Goods in the 
Eurasian Economic Union (ARM, BLR, KAZ,  
KGZ, RUS (EIF: 11.1.16, signed: 16.10.15)  2016   
 
    WT/R EG358/1  
 
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  The date of signature is indicated in brackets.  
CEZ Common Economic Zone.  
CU Customs Union.  
EurAsEC  Eurasian Economic Community.  
EAEU  Eurasian Economic Union.  
SES Single Economic Space.  
Source:  Eurasian Economic Commission.  
 
2.11.   The law of the EAEU (Articles 6 and 99 , the latter on transitional provisions ) is composed of: 
a. the EAEU Treaty;  
b. international agreements within the EAEU;  
c. international agreements between the EAEU and a third party;  
d. decisions and resolutions of EAEU bodies  - namely the Supreme Eurasian Economic 
Council  (hereafter the "Supreme Council") , the Eurasian Intergovernmental Council and 
the Eurasian Economic Co mmission  (hereafter the "EEC" or the "Commission") ;  
e. legal instruments concluded within the legal framework of the CU and SES  which were in 
force on 1 January 2015 , to the extent they do not contradict the EAEU Treaty (Article 
99:1)  - namely : 
i. international agreements concluded by members States  (including e. g. the Customs 
Code of the Customs Union) ; and 
ii. decisions of the governing bodies of the 2007 CU – i.e. its Supreme Council a nd the 
Commission; and  
f. the Treaty on Functioning of the Customs Union within the Multilateral Trading System of 
19 May 2011 ( hereafter, " Treaty on the Multilateral System "), incorporated into the 
EAEU as per Article 99:4 and Annex 31 .8 
In case of conflict between international agreements within the EAEU  system  and the EAEU Treaty, 
the lat ter take s precedence (Article 6).  
 
2.12.   The p rocess of establishment of the CU, the SES and the EAEU has taken place 
concomitantly with the process of accession of its Parties to the WTO. In order to take into account 
the distinct disciplines that these legal frameworks might entail, as well as the ir independent 
timeframe, the parties to the CU signed in 2011 the Treaty on the Multilateral System , the main 
provisions  of which  are: 
a. from the date of accession of any EAEU member State  to the WTO, the provisions of the 
WTO Agreement , as set -out in its Protocol of Accession , which related to matters that 
the member States had authorised the Supreme Council and the EEC to regulate in the 
framework of the EAEU, as well as to the legal relationships regulated by the 
international treaties  constituting the legal framework of the EAEU , become an integral 
part of the legal framework of the CU  and later the EAEU . EAEU member States are 
obliged, when making an international agreement within the EAEU, to ensure that such 
EAEU agreement is consis tent with the WTO Agreement ; 
b. EAEU member States  which are WTO Members are required to adopt measures , in 
consultation with, and with the agreement of, other EAEU member States, so that the 
EAEU  legal framework compl ies with the WTO Agreement and the releva nt Protocols of 
Accession; pending these being  made compatible, the WTO disciplines shall prevail over 
respective provisions of the EAEU  legal framework. In practical terms, temporary 
exceptions  from the EAEU  disciplines /CET are granted to the Party that would have 
                                                
8 The text of this Treaty h as been made available to WTO Members most recently i n the context of the 
accession of  Kazakhstan (WT/ACC/KAZ/68). It is also available at: 
http://www.eurasiancommission.org/ru/act/trade/dotp/SiteAssets/wto/freddy -eng.pdf . WT/REG358/1  
 
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  otherwise br eached WTO disciplines. Pending the end of this transition period, that Party 
is to adopt me asures to make both compatible;  
c. an EAEU member State that is not a WTO Member can deviate from the provisions of t he 
WTO Agreement in certain cases. When that member State be comes  a WTO Member, 
however, any deviation from the WTO Agreement would be allowed only as specifically 
provided for in the terms of accession to the WTO of that member State;  
d.  the specific case of potential breach of tariff commitments is dealt with in Article 1:4 of 
the Treaty on the Multilateral System; see paragraph 3.17.   below ) 
2.13.   The structure of the EAEU Treaty - 18 Articles and 33 Protocols - is presented in  Box 2.2. 
Box 2.2 Structure of EAEU  
Part One    Establishment of the Eurasian Economic Union  
Section I   General Provisions  
Section II   Basic Principles, Objectives,  Competence and Law of the Union  
Section III   Bodies of the EAEU  
Section IV   Budget of the EAEU  
Second Part    Customs Union  
Section V   Information Interaction and Statistics  
Section VI   Functioning of the Customs Union  
Section VII   Regulation of Drugs and Medical Products Circulation  
Section VIII   Customs Regulation  
Section IX   Foreign Trade Policy  
   1. General Provisions on Foreign Trade Policy  
   2. Customs and Tariff Regulation and Non-Tariff Regulation  
Section X   Technical Regulation  
Section XI   Sanitary, Veterinary and Sanitary and Phytosanitary Quarantine Measures  
Section XII   Consumer Rights Protection  
Part III    Single Economic Space  
Section XIII   Macroeconomic Policy  
Section XIV   Monetary Policy  
Section XV   Trade In Ser vices, Establishment, Acti vities and Investments  
Section XVI   Regulation of the Financial Markets  
Section XVII   Taxes and Taxation  
Section XVIII   Common Principles and Rules of Competition  
Section XIX   Natural Monopolies  
Section XX   Energy  
Section XXI   Transport  
Section XXII   Government  (Municipal) Procurement  
Section XXIII   Intellectual Property  
Section XXIV   Industry  
Section XXV   Agro-Industrial Complex  
Section XXVI   Labour Migration  
Part Four   Transitional and Final Provisions  
Section XXVII   Transitional Provi sions 
 Section XXVIII  Final Provisions  
Annexes  
Annex 1  Protocol on the Eurasian Economic Commission  
Annex 2  Statute of the Court of the Eurasian Economic Union  
Annex 3  Protocol on Information and Communication Technologies and Information Interaction 
within the Eurasian Economic Union  
Annex 4  Protocol on Procedure of Formation and Distribution of official Statistical Information of 
the Eurasian Economic Union  
Annex 5  Protocol of Enrolment and Dist ribution Procedure of Import Customs Duties (Other Duties, 
Taxes and Charges Having Equivalent Effect), their Transfer to the Budgets of member 
State s 
Annex 6  Protocol on Common Customs and Tariff Regulation  
Annex 7  Protocol on Measures for Non -tariff Regu lation with regard to Third Countries  
Appendix to  Annex 7  WT/R EG358/1  
 
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  Annex 8  Protocol on Application of Safeguard, Antidumping and Countervailing Measures with 
Regard to the Third Countries  
Annex 9  Protocol on Technical Regulation within the Eurasian Economic Union  
Annex 10  Protocol on Conducting Coordinated Policy in the Sphere of Ensuring Uniformity of 
Measurements  
Annex 11  Protocol on Acceptance of the Results of Works on Accreditation of the Conformity 
Assessment Bodies  
Annex 12  Protocol on the Application of Sanitary, Veterinary and Sanitary and Phytosanitary 
Quarantine Measures  
Annex 13  Protocol on Coordinated Policy in the Field of Consumer Rights Protection  
Annex 14  Protocol on Conducting of Coordinated Macroeconomic Policy  
Annex 15  Protocol on Measures Aimed at Coordinated Monetary Policy  
Annex 16  Protocol on Trade in Services, Establishment, Activities and Investments  
Annex 17  Protocol of Financial Services  
Annex 18  Protocol on the Procedure of Levying Indirect Taxes and the Mechanism of Control Over 
their Pa yment while Exporting and Importing Goods, Performing Works, Rendering 
Services  
Annex 19  Protocol on Common Principles and Rules of Competition  
Annex 20  Protocol on Single Principles and Rules for Regulation of Activity of the Natural Monopoly 's 
Subjects  
Annex 21  Protocol on Ensuring the Access to Services of Subjects of Natural Monopolies in Electric 
Power Industry, Including the Basics of Pricing and Tariff Policy  
Appendix  
Annex 22  Protocol on the Access to Services of Natural Monopolies in the Sphere of Gas 
Transmission by Gas Transmission Systems, including the Basics of Pricing and Tariff 
Policy  
Annex 23  Protocol on the Procedures, Management, Operation and Development of Common 
Markets For Oil and Petroleum Products  
Annex 24  Protocol on Coordinated (H armonized) Transport Policy  
Annex 25  Protocol on Regulation of Procurement  
Annex 26  Protocol on Protection and Enforcement of Intellectual Property Rights  
Annex 27  Protocol on Industrial Cooperation  
Annex 28  Protocol on Common Rules for Granting Industria l Subsidies  
Annex 29  Protocol on Measures of State Support to Agriculture  
Annex 30  Protocol on the Provision of Medical Care to the member State s Workers and to their 
 Family Members  
Annex 31  Protocol on Functioning of the Eurasian Economic Union within th e Multilateral Trading 
System  
Annex 32  Regulation on the Social Guarantees, Privileges and Immunities in the Eurasian Economic 
Union  
 Annex 33  Protocol on Termination of International Treaties Concluded within the Framework of 
   Formation of the Customs Union and Single Economic Space due to Entry into Force of 
   the Treaty on the Eurasian Economic Union  
Source:  WTO Secretariat based on the Agreement.  
 
3  PROVISIONS ON TRADE IN GOODS  
3.1.  Among members of the EAEU, a customs union with a single  internal market for goods, 
common customs regulations and a common external trade regime is in operation (Article 25 -29).  
3.2.  The common customs regulations are conducted in accordance with the provisions of the 
EAEU Treaty (Article 32), agreements a nd acts concluded among EAEU member States and the 
EAEU Customs Code (in force since 1 January 2018). Pending the entry into force of the EAEU 
Customs Code, the unified Customs Code of the Customs Union of 27 November 2009 (and its 
subsequent modifications ), together with other legal instruments incorporated into the EAEU law, 
were used by the EAEU Parties (Article 101). Information related to the EAEU Customs Code can 
be found in Section 3.4.5 of this Factual Presentation.  
3.3.  Modifications to the Union's nome nclature and tariff rates, including tariff preferences and 
exemptions, are the competence of the Commission. The WTO accession commitments of 
Kazakhstan as well as the provisions of the Treaty on the Multilateral System are also of relevance 
for understan ding the trade in goods aspects of the Union (see paragraphs  3.15.  and 
3.17.    below ). WT/REG358/1  
 
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  3.1  Trade liberalization between the Parties  
3.4.  Trade liberalization among the EAEU Parties was progressively achieved through the 
conclusion of successive - and sometimes overlapping - agreements, as explained i n Section 2.1 of 
this Factual Presentation.  
3.5.  The EAEU Treaty provides for an internal market with free movement of goods – with trade 
being free of import and export duties and other charges having equivalent effect, non -tariff 
measures and trade defence in struments, except as otherwise provided for in the Treaty 
(Articles  3, 25 and 28). Once a good is within the territory of the Union, trade is carried out 
without customs declarations and controls such as transport, sanitary, veterinary, etc. except as 
otherwise provided for in the Treaty.  
3.6.  The EAEU legal framework provides the possibility to apply certain  exceptions to the free 
movement of goods . These include : 
a. goods imported from third-parties  under country -specific exceptions to the CET  – among 
the three original EAEU member States, only Kazakhstan appl ies such exceptions on a 
temporary basis (see Section 3.2). However , according to paragraph  5 of Article 3 of the 
Protocol of 16.10.2015 , an importer is able to pay customs duties on the rates of the 
CET when importing to the territory of the Republic of Kazakhstan goods included in the 
list of the goods whose tariff are lower than the CET. In this case, in accordance with the 
Customs Code of the EAEU the product receives the status of the good of the EAEU  and 
can free circulate within the EAEU; and ; and  
b. in accordance with Article 29 of the EAEU Treaty , goods to which the general and/or 
security exception clauses apply  (e.g. ozone depleting goods) , (see paragraph 
5.12.   below ).  
3.7.  On the basis of the value of imports from third -parties (average of 2012 -2014; for Belarus, 
2012-2013 only), in 2015, 3.5% of intra -EAEU imports  took place in goods which correspond to 
Kazakhstan's exceptions to the CET; in 2016, that figure was 4%. However, information is not 
available on whether these imports were of originating products or products from third -parties . 
3.8.  Article 27 foresees the establishment of free  (special)  economic zones (SEZ) and free 
warehouses. SEZs are established in the territory of the member States in accordance with 
national legislation ( Article 3 of the "Agreement on free (special) economic zones in the customs 
territory of the Customs Union and th e customs procedure of the free customs zone"); Articles 420 
and 421 of the Customs code of the EAEU contain provisions on the conditions for the operation of 
free warehouses . As of early 2018, there are six SEZ in Belarus, 11 SEZ in Kazakhstan and 25 SEZ 
in the Russian Federation  
3.2  Trade with third parties  
3.9.  The foreign trade policy of the EAEU is implemented through international agreements with 
third parties concluded by the EAEU unilaterally or collectively  with the EAEU member States , in 
the spheres where Bodies of the EAEU are entitled to make binding decisions , participation in the 
international organizations or autonomous application of measures and foreign trade policy 
mechanisms (Article 33) . MFN treatment shall be applied as provided for by inter national treaties 
of the EAEU with a third party, as well as by international treaties of the m ember States with a 
third party (Article 34 ; see also paragraph  5.49.   below ). The EAEU common external tariff (CET) 
is the basis of the EAEU external trade regime (Article 25). 
3.10.   There are five major types of exceptions to the CET rates (Article 42):  
a. tariff preferences granted in the context of regional trade agreements (Articles 35 and 
102; see paragraph 5.49.   below )  WT/R EG358/1  
 
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  b. tariff preferences gr anted in the context of the "Unified System of Tariff Preferences 
(USTP, similar to the GSP ,9 Article 36).  The terms and procedure for the application of 
EAEU USTP were adopted by the Decision of the Council of the Eurasian Economic 
Commission of 6 April 2016 No 47.10 Under the USTP, certain products originating in 
developing countries have a 25% margin of preference on the EAEU CET rate while those 
of least -developed countries origin are granted duty -free access to the EAEU;  
c. tariff exceptions applied by me mbers acceding to the EAEU (Article 42:6), in accordance 
with the list of goods and rates approved by the Commission based on the accession 
agreement. The acceding State must ensure that imports of products facing lower tariffs 
are for domestic consumption  and adopt measures to prevent trade deflection . As of 
January 2018, this is of relevance for Armenia and the Kyrgyz Republic ;  
d. temporary tariff exceptions granted to certain EAEU member States in accordance with 
the Treaty on the Multilateral System (see paragraph 3.17.    below ). As of January 2018, 
this applies to  Kazakhstan ; 
e. tariff exemptions applied collectively by the EAEU member States regard less of the origin 
of the goods (Article 43 of the EAEU Treaty and its Annex 6). A joint reading of these 
disciplines with Article 101:7 of the EAEU Treaty defines the following goods as 
benefitting from tariff exemptions:  
i. goods imported as a contribution  to the charter capital in the context of an 
investment, subject to the Commission's procedures;  
ii. goods related to space exploration and spacecraft launch  imported under the 
international cooperation projects , in accordance with the list approved by the 
Commission;  
iii. products of fishing operations of vessels owned or leased by entities and individuals 
of the EAEU Parties;  
iv. currency (except when used for numismatic purposes) and securities in accordance 
with the Parties' national legislation;  
v. goods imported as humanitarian aid including technical assistance in accordance with 
the legislation of the member States, unless these goods are excisable. Vehicles 
specifically meant for medical use are exempted from the payment of duties; and  
vi. other cases established i n the EAEU Treaty, the EAEU's treaties with third parties and 
acts of the Commission.11  
3.2.1   Common external tariff  
3.2.1.1   Structure  
3.11.   Article 42 regulates the EAEU's CET, by specifying that EAEU member States have a CET 
and a Common Commodity Nomenclature of Foreign Ec onomic Activity. The CET has ad valorem , 
specific and combined duties. Countries acceding to the EAEU are allowed CET derogations in 
accordance with the list of goods and rates in the country's accession agreement to the EAEU 
(Article 42:4). Such imported goods are to remain in the country, which shall adopt measures to 
ensure that these are not re -exported to other EAEU member States without the payment of the 
tariff differentials due.  
                                                
9 Protocol on Common System of Tariff Preferences of the Customs Union of 12 December 2008 . The 
Russian Federation has notified the USTP scheme of the customs union to the CTD in accordance with the 
Transparency Mechanism for Preferential Trade Arrangements (WT/COMTD/N/42). Additional information can 
be found at the PTA -IS at http://ptadb.wto.org . 
10 Available at https://docs.eaeunion.org/docs/en -us/01410767/cncd_12072016_46  (in Russian only).  
11 More specific provisions were elaborated by the Customs Union Commission Decision No 130/09. WT/REG358/1  
 
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  3.12.   The CET is limited to the bound  rates of the Russian Federation and it s WTO accession 
commitments , but its applied rates may be lower .12, 13 On acceding to the WTO in 2012, the 
Russian Federation bound all 11,557 tariff lines at the 10 digit level with reductions to be phased 
in over periods of one to eight years for 7,028 lines. The longest transition period of eight years 
applied to pork, fo llowed by seven years for motor cars, helicopters and civil aircraft. For all except 
148 tariff lines, the reductions were phased in by 2016 ( Table 3.1).  
Table 3.1 Implementation of final bound tariffs, 2012 -2020  
Year No of tariff lines at the  
 final bound rate  No of lines with further reductions in  
bound rate to be implemented  
No of tariff lines  % 
2012 4,529  7,028  60.8 
2013 5,030  6,527  56.5 
2014 6,344  5,213  45.1 
2015 9,339  2,218  19.2 
2016 10,737  820 7.1 
2017 11,409  148 1.3 
2018 11,486  71 0.6 
2019 11,533  24 0.2 
2020 11,557  0 0.0 
Note:  The annual reduction of import duties occur on 1 September each year according to the Russian 
authorities (except 77 tariff lines subject to a different implementation date).  
Source:  WTO Secretariat calculations, based on the Consolidated Tariff Schedules  (CTS) database.  
 
3.13.   The structure of the CET/Russian Federation tariff in 2015 is presented in  Table 3.2, which 
provides information on the simple average for 2015 and for the  final bound tariff in 2020 (overall 
as well as for agricultural and non -agricultural products, according to the WTO defi nition). In 2015, 
while the average applied tariff of 8.7% is slightly higher than the average final bound tariff 
(8.4%), the share of duty free lines in the applied tariff is significantly higher when compared to 
the final bound rates of 3.7% in 2020.  Non-ad valorem  duties  were applied in 14.8% of the tariff 
lines.  In 2015, around one -third of imports from third parties entered the Russian Federation on a 
duty-free basis (using 2014 import figures). In 2015, TRQs are applied on 0.4% of the tariff lines.  
Table 3.2 CET/ Russian Federation structure at the national tariff line level, 2015  
 Year Total  Agricultural 
products a Non-agricultural 
products  
Number of tariff lines:  11,711  
 of which with TRQs:b  49 (0.4%)  
Simple average final bound c  2020 8.4%  13.6 % 7.1%  
Simple average MFN applied d  2015 8.7%  14.5 % 7.1%  
Imports, billion US$   2014 285.9  37.7  248.2  
CET –  
Frequency 
distribution  Duty -
free 0<=5  5<=10  10<=15  15<=25  25<=50  50<=100  NAV 
% Tariff lines and import value (in %)  
Total  
Final bound   3.7 43.2 26.4 12.9 0.6 0.0 1.0 12.1 
MFN applied  2015 14.9 31.0 18.3 16.4 4.4 0.0 0.2 14.8 
Imports  2014 33.7 21.9 14.8 10.9 3.3 0.0 0.3 15.1 
Agricultural products  
Final bound   1.4 27.5 14.5 18.5 1.2 0.0 4.8 32.0 
MFN applied  2015 6.4 21.7 9.1 17.7 5.6 0.0 1.0 38.3 
Imports  2014 14.4 15.8 3.9 14.8 5.5 0.0 2.4 43.2 
Non-agricultural products  
Final bound   4.3 47.4 29.6 11.4 0.5   6.8 
MFN applied  2015 17.4 33.7 21.1 15.9 4.1 0.0 0.0 7.8 
Imports  2014 36.6 22.8 16.4 10.3 3.0 0.0 0.0 10.9 
Note:  
a WTO definition.  
b Based on WTO notification G/AG/N/RUS/12 of 26 April 2016.  
                                                
12 The parties to the EAEU have indicated that for 2015 and 2016 the CET is the Russian Federation MFN 
tariff; therefore, all tariff data and tables are based on that premise.  
13 The CET rates for 2015 and 2016 are as of 1 January; for Kazakhstan, on 1 December.   WT/R EG358/1  
 
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  c For the calculation of averages, specific rates are excluded and the ad valorem  equivalents (AVEs) 
are included.  In cases of unavailability, t he ad valorem  parts of alternate rates are included.  
d For the calculation of averages, specific rates are excluded and the ad valorem  parts of alternate 
rates are included.  
NAV  Non-ad valorem  duties.  
 Data on trade and tariff lines are calculated at the  national tariff line level.  
 Final bound and MFN applied rates are based on the HS 2007 and HS 2012 nomenclatures, 
respectively.  
Source : UNSD, Comtrade and WTO TPR databases.  
 
3.2.1.2   Level of harmonization  
3.14.   The CET is applied in its entirety by both the Russian Federation and Belarus, while 
Kazakhstan has been given a number of temporary ex ception s.14 Negotiations on tariff adjustment 
are expected to start in  2024 (see paragraph 3.16.   below ). Table 3.3 provides data on the 
number of tariff lines for which a fully harmonized CET applies, as well as on the value of imports 
from third -parties (average of 2012 -2014) under these lines . Using these years as a basis, in 
2015, 99% of imports from third -parties were carried out under a fully harmonized CET,  and the 
equivalent figure for 2016 was 98.7%. A breakdown is also p rovided in terms of duty -free/dutiable 
rates.  
Table 3.3 CET harmonized in all EAEU member States and corresponding average trade, 
2015 -201615 
  Tariff lines  Imports ROW (2012 -2014)a 
Number  % Value  
(US$ million)  %b 
duty-
free dutiable  duty-
free Dutia-
ble duty-
free dutiable  duty-
free Dutia-
ble 
2015 BLR 1,746  9,965  14.9 85.1 5,652  13,549  1.7 4.1 
 KAZc 1,745  8,623  14.9 73.6 7,751  14,722  2.4 4.5 
 RUSd 1,746  9,965  14.9 85.1 95,520  188,653  29.0 57.3 
 Harmonized CET (average, %)  14.9 81.3   33.1 65.9 
2016 BLR 1,869  9,741  16.1 83.9 5,878  13,323  1.8 4.0 
 KAZc 1,830  7,875  15.8 67.8 8,126  13,385  2.5 4.1 
 RUSd 1,869  9,741  16.1 83.9 100,486  183,686  30.5 55.8 
 Harmonized CET (average)  16.0 78.5   34.8 63.9 
Note:  
BLR Belarus.  
KAZ Kazakhstan.  
ROW Rest of the world (extra -EAEU imports).  
RUS Russian Federation.  
 The Parties agreed that the Russian Federation MFN 2015 is the CET.  
 Based on HS 2012 nomenclature.  
a Data for imports into Belarus are available at the 10 -digit tariff line level only for 2012 and 2013. 
The 2014 import data are only expressed at the 6 -digit level. Therefore, calculations are only based 
on 2012 -2013 import data. 
b As compared to all extra -EAEU imports, under both harmonized and non -harmonized tariff lines.  
c Kazakhstan's exceptions are only provided for 2015 and 2016.  There is n o information from 2017 to 
2019 as Kazakhstan's list of exceptions differ s per year. 
d Import data into Russian Federation are at the 8 -digit tariff line level, while the tariff is at the 10 -
digit level. Imports were aligned with the 10 -digit tariff line data.  
Source:  WTO-TPR database, Kazakhstan authorities and UNSD, Comtrade database.  
 
3.15.   Chart 3.1 illustrates the level of harmonization a nd the corresponding average trade in each 
EAEU member State, on the basis of average 2012 -2014 extra -EAEU imports (for Belarus, 2012 -
                                                
14 Exceptions grante d to Armenia and the Kyrgyz Republic will be dealt with in the Factual Presentation 
related to their accession to the EAEU.  
15 For Belarus and Russian Federation, based on tariffs as of 1 January 2015 or 2016; for Kazakhstan, 
based on tariffs as of 1 Decemb er 2015 or 2016.  WT/REG358/1  
 
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  2013 only). In Kazakhstan, imports under exceptions dutiable under the CET accounted for 13.2% 
and 17% of imports in 2015 and 2016.16  
Chart 3.1 CET level of harmoni zation and corresponding average trade, 2015 -2016, in 
percentage  
 
Note:  In terms of 2012 -2014 average of extra -EAEU imports of each member State, except for Belarus 
where import coverage is 2012 -2013.  
 Based on HS 2012 nomenclature.  
 CET as of 1 January 2015 or 2016; for Kazakhstan, based on tariffs as of 1 December 2015 or 2016 . 
Source:  Kazakhstan authorities, WTO TPR and UNSD, Comtrade databases.  
 
3.16.   Kazakhstan's WTO accession commitments provide that no earlier than three years and six 
months from the date of full implementation of all the final bound tariff rates contained in its 
Accession Schedule (final bound will be implemented at the latest by November 2020) for goods 
for which the WTO rate is lower than the CET, Kazakhstan would: seek to align the Accession 
Schedule with the final bound tariff rate of the Russian Federation as set out in its Protocol of 
Accession; commence negotiations with affected WTO Members; and notify WTO Members of its 
intention to commence these negotiations six months before they start and provide Members that 
had concluded bilateral goods market access protocols with Kazakhstan all data relevant for the 
negotiations.17 Negotiations on tari ff adjustment are expected to start in 2024. The duration and 
outcomes of the negotiations will be subject to an agreement between WTO Members affected and 
the relevant EAEU member States. As provided for in paragraph 310 of the Working Party Report, 
the negotiations would be entered into in good faith with a view to achieving within three  years 
from commencement of such negotiations mutually satisfactory compensatory adjustment.  The 
adjusted rates will be incorporated into the CET and will be uniformly app lied by EAEU member 
States, unless otherwise provided by the EAEU Treaty. However, if Kazakhstan reduces its tariff 
commitments to final bound levels prior to 2020, tariff negotiations can be commenced earlier.   
3.17.   Within the EAEU legal framework, the Treaty on the Multilateral System provides the 
possibility of holding consultation and negotiations on harmonizat ion of import customs duties i f 
consolidated tariffs negotiated during WTO accession of two EAEU member States differ.  In this 
                                                
16 CET as of 1 January 2015 or 2016; for Kazakhstan, based on tariffs as of 1 December 2015 or 2016.  
17 See WT/ACC/KAZ/93, paragraphs 307 -311. 
0%10%20%30%40%50%60%70%80%90%100%
Tariff lines Imports Tariff lines Imports Tariff lines Imports Tariff lines Imports Tariff lines Imports Tariff lines Imports
2015 2016 2015 2016 2015 2016
KAZAKHSTAN BELARUS RUSSIAN FEDERATION
Exceptions to CET dutiable Exceptions to CET duty-free CET dutiable CET duty-freeWT/R EG358/1  
 
- 25 - 
 
  case the Parties concer ned shall consult each other and enter into negotiations with interested 
WTO Members expeditiously with a view to harmonize import tariffs. The Parties shall coordinate 
their positions and express the intention to follow the respective provisions of the WT O Agreement 
that are applied in case of tariff harmonization by the customs union.  
3.18.   In the period 1 December 2015-30 November 2016 , Kazakhstan's CET exceptions  were in 
force for 1,343  tariff lines, representing 11.5% of the total number of lines and accounting for 
13.2% of Kazakhstan's imports from third -parties and 1% of extra -EAEU imports ( Table 3.4).  
Table 3.4 Kazakhstan: CET exceptions and trade with third parties, 2015 -2016   
Year of tariffs  No of lines  % imports from ROW  (2012 -2014)a by 
KAZ EAEU  
1 December 2015 - 30 November  2016 
of which:  
lower than CET  
not comparableb 1,343  
 
956 
387 13.2 1.0 
1 December 2016 - 30 November 2017  
of which:  
lower than CET  
not comparableb 1,905  
 
1,206  
699 17.0 1.3 
Note:  Based on HS 2012 nomenclature.  
 CET as of 1 January 2015 or 2016; for Kazakhstan, based on tariffs as of 1 December 2015 or 2016  
a Except for Belarus where import coverage is 2012 -2013.  
b Rates are not comparable because of differences in duty type.  
Source:  Kazakhstan authorities and UNSD, Comtrade databases.  
3.19.   Chart 3.2 provides details of Kazakhstan's CET exceptions by HS Section for the years 2015 
and 2016.18 It can be seen that applied rates for Kazakhstan and under the CET are the same in 
HS Sections 5 , 12, 19  and 21 for both years, and Sections 8 and 11 in 2015. In other Sections, 
Kazakhstan's applied rates are lower than those of the CET.  
Chart 3.2 CET and Kazakhstan MFN rates, 2015 -2016, by HS Section  
 
Note:  Averages have been calculated on the basis of Russian Federation MFN tariffs incorporating 
Kazakhstan's exceptions. For the calculation of averages, specific rates are excluded and the 
ad valorem parts of alternate rates are included.  
 Based on the HS 2012 nomenclature.   
 CET as of 1 January 2015 or 2016; for Kazakhstan, based on tariffs as of 1 December 2015 or 2016  
Source:  Kazakhstan authorities, WTO -TPR and UNSD, Comtrade databases.  
                                                
18 Supra , footnote 16.  
0%5%10%15%20%25%Average applied tariff
HS Sections
KAZ MFN 2015 KAZ MFN 2016 CET 2015 CET 2016WT/REG358/1  
 
- 26 - 
 
  3.20.   Tariff and trade information by HS Section for EAEU member States are depicted in Table 
3.5 and 3. 6.19 In particular, they provide information on average imports from third parties (2012 -
2014 for the Russian Federation and Kazakhstan, 2012-2013 for Belarus) and the number of tariff 
lines that are harmonized/non -harmonized with the CET, broken down in terms of duty -free and 
dutiable lines.  
Table 3.5 Belarus and Russian Federation: 2015 and 2016 CET levels and trade, by HS 
Section  
HS 
Section  CET 2015 (MFN)  CET 2016 (MFN)  ROW imports  
(US$ million)  
Average 
(%) No of lines  
Average 
(%) No of lines  
RUS 
(2012 -
2014)  BLR 
(2012 -
2013)  Duty -
free Dutiable  Duty -
free Dutiable  
1 19.1 60 1,124  19.1 63 1,121  11,383  685 
2 8.0 34 592 7.6 35 590 12,976  703 
3 9.3 15 136 9.2 15 136 1,249  96 
4 11.7 43 1,049  12.3 38 1,054  12,500  1,359  
5 4.4 31 247 4.4 30 248 3,853  682 
6 5.0 109 1,127  4.8 109 1,128  31,104  2,020  
7 7.2 35 325 6.3 38 320 14,808  1,550  
8 6.1 28 194 5.7 28 194 1,423  66 
9 10.8 4 300 9.3 3 302 1,317  135 
10 8.9 16 217 7.8 16 214 4,533  329 
11 9.3 10 1,195  8.1 9 1,195  11,676  639 
12 9.0 8 108 8.8 8 108 4,298  202 
13 12.3 5 271 11.5 7 269 3,493  335 
14 15.9 1 63 13.8 5 61 791  15 7.4 120 1,072  6.9 119 1,064  18,507  1,703  
16 4.0 979 1,020  3.5 1,087  839 86,379  5,543  
17 9.1 108 387 8.8 108 383 46,980  2,320  
18 5.4 125 251 4.8 135 224 8,846  515 
19 17.8  24 16.0 1 23 97  20 12.0 8 263 11.9 8 268 7,941  317 
21 0.0 7  0.0 7  18 2 
Total  8.7 1,746  9,965  8.3 1,869  9,741  284,173  19,201  
Note: For the calculation of averages, specific rates are excluded and the ad valorem  part of alternate 
rates is included.  
 Based on the HS  2012 nomenclature.  
 CET as of 1 January 2015 or 2016  
Source:  WTO-TPR and UNSD, Comtrade databases.  
Table 3.6 Kazakhstan: 2015 and 2016 MFN  tariff levels and trade, by HS Section  HS Section  MFN 2015  MFN 2016  
ROW 
imports  
(US$ 
million)  
2012 -
2014  Average (%)a 
CET Harmonized  Non-CET 
harmonized  
Average (%)b CET 
Harmonized  Non-CET 
harmonized  Duty -
free 
Dutiable  
Duty -
free 
Dutiable  
Duty -
free 
Dutiable  
Duty -
free 
Dutiable  
1 14.9 60 781 31 312 14.4 60 751 31 342 461.4  
2 7.9 34 552 2 38 7.4 35 532 2 56 993.0  
3 9.2 15 122 4 10 8.6 15 97 4 35 55.2 
4 11.4 43 829 
 220 10.5 38 802 
 252 970.3  
5 4.4 31 247 
  4.4 28 248 
 2 829.0  
6 4.9 109 1,103  
 24 4.7 106 1,092  
 39 2,201.6  
7 7.0 35 312 
 13 6.2 33 303 
 22 1,075.1  
                                                
19 Ibid. WT/R EG358/1  
 
- 27 - 
 
  
HS Section  MFN 2015  MFN 2016  
ROW 
imports  
(US$ 
million)  
2012 -
2014  Average (%)a 
CET Harmonized  Non-CET 
harmonized  
Average (%)b CET 
Harmonized  Non-CET 
harmonized  Duty -
free 
Dutiable  
Duty -
free 
Dutiable  
Duty -
free 
Dutiable  
Duty -
free 
Dutiable  
8 6.1 28 193 
 1 5.6 28 180 
 14 112.4  
9 9.1 4 209 
 91 7.9 3 237 
 65 192.0  
10 8.5 16 186  31 7.2 17 161 
 52 942.1  
11 9.2 10 1,084  
 111 8.5 9 1,066  
 129 1,066.8  
12 9.0 8 106 
 2 8.7 8 107 
 1 451.6  
13 12.1 5 254 
 17 11.3 6 237 
 33 503.0  
14 13.1 1 24 
 39 12.3 1 24 
 41 25.1 
15 7.2 120 1,013  
 59 6.5 119 849 
 215 2,879.4  
16 3.7 978 873 1 147 3.1 1,084  569 1 272 7,671.9  
17 8.7 108 280 
 107 8.0 101 245 
 145 3,841.6  
18 5.2 125 240 
 11 4.8 124 183 
 52 935.1  
19 17.8 
 24 
  16.7  24 
  0.0 
20 11.4 8 191 
 72 10.4 8 168 
 100 707.1  
21 0.0 7 
   0.0 7  
  2.0 
Total  8.0 1,745  8,623  38 1,305  7.4 1,830  7,875  38 1,867  25,915.9  
Note:   
a  Based on Kazakhstan's  2015 tariffs as of 1 December 2015  - 30 November 2016 . 
b  Based on Kazakhstan's  2016 tariffs as of 1 December 2016  - 30 November 2017 . 
 For the calculation of averages, specific rates are excluded and the ad valorem parts of alternate  
rates are included.  
 No information from 2017 to 2019 as Kazakhstan's list of exceptions differs per  year. 
 Based on the HS 2012 nomenclature.  
Source:  Kazakhstan authorities, WTO -TPR and UNSD, Comtrade databases.  
 
3.21.   In order to incorporate into the EAEU legal system Kazakhstan's accession commitments  
that derogate from the common legal framework of the EAEU , the Supreme  Council adopted on 16 
October 2015 the Decision No 2220 which contains the Protocol of 16.10.2015 , and which came into 
force on 11 January 2016. The Protocol regulates import and moveme nt within the EAEU of goods 
imported by Kazakhstan whose tariffs are lower than the CET of the EAEU, in accordance with its 
WTO obligations. It provides that imports of such products are for use in the Kazakh market alone; 
any further circulation within ot her EAEU parties is subject to the CET of the EAEU (as is normally 
the case whenever this situation occurs in other customs unions). Customs control at internal 
borders will not be resumed, but the control services will monitor the movement of excepted 
goods, within their competences. In particular, a special control system based on electronic 
invoicing and sharing of information online has been established by the Rules for Electronic 
Invoicing adopted by Order of the Minister of Finance of the Republic of Kazakhstan No 301 of 12 
May 2017 .  
3.2.1.3   Revenue -sharing  
3.22.   The Union uses a fixed customs revenue sharing mechanism, irrespective of the entry point 
with the ratio according to provisions of Article 26 and Annex 5 of the EAEU Treaty . As of 1 
January 2015 , the ratio was the following: 4.70% for Belarus, 7.33% for Kazakhstan and 87.97% 
for the Russian Federation.  
3.23.   The revenue is to be distributed on the next business day following the payment of the 
import duties (the same day in the case of Kazakhstan). In case of failure  to tran sfer or incomplete 
transfer of funds  and non -provision  of information on the absence of the amounts of import 
                                                
20 In some instances in this Factual Presentation, decisions taken by  the different bodies will be 
referenced through Body, number and year, as follows: Decision No 22/15, adopted on 16 October 2015. This 
approach is used as a simplification but does not represent the official EAEU reference of Decisions.  WT/REG358/1  
 
- 28 - 
 
  customs duties to be distributed, the authority of the member State collecting the duty shall notify 
authorized bodies of t he member States and the EAEU Commission of the failure to transfer or 
incomplete transfer of funds. The Member State that has failed to transfer any distributed import 
customs duties shall pay other Member State the default interest with regard to the ent ire 
outstanding amount at the rate of 0.1% for each calendar day of delay , including the day on which 
the amount of distributed import customs duties wasn 't transferred to the Member State . In cases 
of a delay , on the third business day, the affected membe r State may suspend any relevant 
transfer of customs duties collected; this shall also be notified to other member States and the 
Commission. In such cases, the Commission shall organize consultations aimed at solving the 
issue; if no solution is found, th e case shall be presented to the Intergovernmental Council 
(paragraphs 20 -26). Annex 5 also regulates transfer procedures regarding the funds received and 
the sale of equivalent amounts of US dollars and the procedures for exchange of information by 
member  States' authorized bodies as well as those related to the payment of import duties; finally, 
it establishes a monitoring mechanism and entrusts the Commission to submit an annual report to 
the Intergovernmental Council on the computation and distribution of import duties.  
3.24.   The revenue -sharing formula was modified following the accessions of Armenia and the 
Kyrgyz Republic; this will be d iscussed  in the corresponding Factual Presentations.  
3.2.2   Non-tariff measures  
3.25.   The EAEU's common external trade regime is also extended to non -tariff measures (NTMs) , 
defined by the Treaty as import/export prohibitions, quantitative restrictions (QRs) , exclusive 
trading rights , automatic licensing (permit) and authorization procedure s (Article 46 of the Treaty 
and its Annex 7 , "Protocol on Measures for Non -tariff Regulation with regard to Third Countries"  
hereafter, the "Protocol on NTMs") . In derogation from this general principle, unilateral NTMs may 
in certain cases be imposed , as stated in Article 47 of the Treaty  (see paragrap h 5.13.    below ). 
3.26.   Paragraphs 3 -10 (Section II) of the Protocol on NTMs include p rovisions regarding the 
introduction and application of measures for non -tariff regulation , that define:  
a. the Commission as the authority  introdu cing/exten ding/terminati ng the NTMs , on the 
basis of proposal s by either a member State or the Commission  itself; and 
b. transparency  and consultations disciplines . These  require the Commission to inform 
interested operators of member States (i.e. participants of foreign trade activit ies whose 
economic interests may be affected by the adoption of such a NTM) on the possibility of 
making suggestions and comments to the Commission , as well as  to co nduct 
consultation s with respect to the measure . In three  cases  - need for secrecy, delay that 
could lead to injury, and establishment of exclusive trading rights - the Commission may 
decide not to hold consultations.  
3.27.   The EAEU "Common list of goods" on wh ich NTMs are applied on trade with third parties, 
adopted by EAEU Collegium  Decision No 30 of 21 April 20 15, includes the following:21 
i. goods banned for importation into or exportation from the customs territory of the 
EAEU  (8 categories of products) ; 
ii. goods covered by a permit -based procedure for importation into or exportation from 
the customs territory of the EAEU  (20 categories of products) ;  
iii. goods subject to bans or restrictions (respectively 1 and 4 categories of products) 
applying only to some of the EA EU member States  (see in Annex 3) ; 
iv. specific i mport/export/transit requirements applying to goods under i. -iii. above ; and 
                                                
21 The EAEU list is merely a re -approval of the customs union list, applied since 2012 ( EEC Collegium  
Decision No 134/12 and subsequent updates), which was in turn based on the customs union list of 2009 
(Decision No 132/09). The Russian version of the Decis ion can be found in https://docs.eaeunion.org/docs/ru -
ru/0139921/clcd_22042015_30 . WT/R EG358/1  
 
- 29 - 
 
  v. the institution responsible for administering the measures. In all of the cases, the 
Decision indicates that this is to be done in acc ordance with the national legislation.  
The list s of goods  can be found in Annex 3 . It includes ozone depleting substances, hazardous 
waste, cryptographic capabilities, precious stones and metals, gas, medicines, drugs, goods of 
cultural value and goods sub ject to exclusive import/export rights, etc.  
 
3.2.2.1   Import and export prohibitions and quantitative restrictions  
3.28.   Disciplines on "Prohibition and quantitative restrictions on the export and import of goods" 
are included in Section III of the Protocol on NTMs . Import prohibitions and QRs are banned, 
except in exceptional circumstances (paragraph 12  of the Protocol on NTMs ) or otherwise provided 
in the Treaty (general exceptions , balance of payments safeguards).  The "exceptional  
circumstances " are similar to those  under Article XI of the GATT 1994 : export restrictions on 
grounds of relief from critical shortage,  import and export restrictions due to the  applicati on of 
standards or regulations , and import restrictions on fisheries product . The GATT requirement of 
not reducing the total imports relative to domestic production is however not reflected in the EAEU 
disciplines .  
3.29.   Restrictions on the export of agricultural goods for critical shortage reasons shall take into 
account the impact on food security of third coun tries; prior notification to the WTO shall be made 
and, upon request of an importing State, additional information be provided and consultations 
organized. Countries having a significant interest in the product concerned by the QR, defined as 
reaching 5% o f imports or exports, respectively, have the right to consultations (paragraph 15 of 
the Protocol on NTMs ).  
3.30.   The target of  QRs on imports can only target is goods  originating in third parties . Selective 
imposition of QRs vis-à-vis third parties is prohibited, unless in conformity with international 
agreements  (paragraph 13  of the Protocol on NTMs ). 
3.31.   The introduction of authorized QRs is regulated by import/export quotas, which may or  may 
not be allocated  by the Commission  to specific countries ; relev ant d isciplines are included in 
Section III of the Protocol on NTMs. Information regarding the amount of quotas , any country 
allocation as well as time -frames is  to be published. If import quotas are allocated by country, the 
Commission shall hold consulta tions with all "significant suppliers " from third countries , defined as 
having an import share of the good into the EAEU territory of at least 5%. In the absence of 
agreement following the consultations, the Commission is respo nsible for the quota distribu tion 
taking into account volumes in the preceding period, normally the previous three years for which 
statistics are available. No conditions or formalities that can prevent the fulfilment of quotas shall 
be imposed  (Paragraphs 17 -21 of the Protocol on NTMs ). Upon request from any interested third 
country, the Commission is to consult on the necessity of redistributing the quotas, modifying the 
preceding period or abolishing conditions or formalities relating to the quota distribution.  
3.32.   The Commission is  also responsible for q uota distribution among member States and their 
foreign trade actors . Underlying principles for quota distribution provide for equal treatment 
among foreign trade actors and  non-discrimination on grounds of form of ownership, place o f 
registration or market ranking  (paragraphs 16 and 23 of the Protocol on NTMs ).  
3.33.   Finally, the Commission is to  provide  information to interested third countries regarding the 
order of distribution of quotas, the mechanism for their distribution among fore ign trade actors 
and the volume of licensed quotas, and to publish information on future quotas.  
3.2.2.2   Tariff -rate quotas  
3.34.   The conditions and mechanism of application of tariff -rate quotas (TRQs) on certain 
agricultural products are spelled out in Article 44  of the EAEU Treaty and S ection III  of the 
"Protocol on Common Customs and Tariff Regulation " in Annex 6 to the Treaty . TRQs are applied 
on beef, pork, poultry, whey and modified whey  (see Annex 4) . Each year the Commission adopts WT/REG358/1  
 
- 30 - 
 
  a decision concerning TRQ  volumes for each EAEU member State for the following year22 
(Decisions of the Collegium  of the Commission, as follows: for 2015 TRQs, Nos 131/14  and 134/15 ; 
for 2016 TRQs: No 99/15 , 134/15 and 76/16 ; for 2017 TRQs: No 97/16  and 98/16 ; and for 2018 
TRQs: Nos 96/17 (TRQs for Viet Nam) and 97/17 . They are administered by EAEU  member  State s 
in accordance with their respective national  legislation.  The tariff rates for both in-quota and out -
of-quota are specified in the CET.  
3.35.   TRQs are only authorized in cases of short supply, i.e. if the volume of consumption exceeds 
that of production of like products in the customs territory of the EAEU . More precisely:  
a. the TRQ volume  cannot exceed the difference between domestic consumption and 
production;  
b. TRQs are time-bound;  
c. if the Commission decides to have a  pre-defined TRQ allocation , all interested third 
countries shall be informed of their allocation ; and 
d. information on all of the above, including the in -quota rate, is to be provided  to 
interested third countries.  
3.36.   Disciplines regarding TRQs are as follows  (Section III of Annex 6) : 
a. TRQ allocation among EAEU member States:  
i. as regards importers, allocation will be based on equal access and non -discrimination 
in terms of form of ownership, place of registrati on or position on the market 
(paragraph 8);   
ii. as regards member State volume s, allocation will be in accordance with its ratio in 
the short -supply calculation. For those member States which are also WTO Members, 
the volume may be established based on their WTO commitments (paragraph 9);23 
b. TRQ allocation among third -parties:  
i. allocation is done by the Commission or by a member State;  
ii. allocation is based on the result of consultations with "major suppliers" (paragraph 
10). If this cannot be done, allocation will  take into account third -party export 
volumes during the three preceding years for which information on the actual volume 
of imports is available (or, if not possible, on the basis of an assessment of the "most 
likely distribution" of import volume);  
c. other elements (paragraphs 11 -14): 
i. no conditions and/or formalities that prevent third countries from fully utiliz ing 
allocated TRQs shall be established;  
ii. upon request of a third country interested in the supply of goods, the Commission 
shall:  conduct consulta tions on a possible re -allocation of TRQs, change in the 
                                                
22 These can be found in https://docs.eaeunion.org/docs/en -us/0044084/clcd_20082014_131 ; 
https://docs.eaeunion.org/docs/en -us/0044504/clcd_14102014_189 ; https://docs.eaeunion.org/docs/en -
us/0148316/clcd_20082015_99 ; https://docs.eaeunion.org/docs/ru -ru/0138745/clcd_14102015_134 ; 
https://docs.eaeunion.org/docs/ru -ru/01316122/clcd_22062016_76 ; https://docs.eaeunion.org/docs/en -
us/01411091/clcd_31082016_97 ; https://docs.eaeunion.org/docs/ru -ru/01316137/clcd_31082016_98 
https://docs.eaeunion.org/docs/ru -ru/01314646/clcd_21082017_97 ; https://docs.eaeunion.org/docs/en -
us/01414643/clcd_21082017_96 ;  
23 In acceding to the WTO, the Russian Federation bound six TRQs, for fresh and chilled beef; frozen 
beef; fresh, chilled and frozen pork; pork trimming; fresh, chilled or frozen poultry; and whey and modified 
whey. Kazakhstan has also bound two TRQs upon WTO accession, on fresh, chilled or fro zen beef; and fresh, 
chilled or frozen poultry.  WT/R EG358/1  
 
- 31 - 
 
  selected period, and any provision unilaterally established in regarding the fulfilment 
of the TRQ;  provide information concerning the method and procedures for TRQ 
allocation among participants of f oreign trade  activity  (hereafter, "traders") and the 
TRQ volume for which licences are issued; and publish information on the total 
quantity or value of goods intended for supply within the allocated TRQ volume as 
well as the beginning and end  dates, inclu ding any changes therein; and  
iii. the Commission may not require that licenses be used for import of goods from a 
particular third country, except in cases where TRQs have been allocated among 
third countries.  
3.37.   Annex 4 to this Factual Presentation provides additional information on TRQs under the 
EAEU Treaty.  
3.2.2.3   Exclusive rights  
3.38.   On the basis of proposals by the member States , the Commission identifies  goods for which 
an exclusive right of export and/or import is granted, as  well as the procedures that member 
States are to apply in determining trade rs benefitting from the right (Section IV of the Protocol on 
NTMs , and included in the List referred to in paragraph 3.27.   above ). These are: 
a. for the Russian Federation, exports of gas;  
b. for Belarus, exports of potassium fertilizers  (mineral  and chemical ); imports of alcohol,  
raw tobacco and tobacco products.  
3.39.   Foreign trade act ors holding exclusive licences issued by the authorized body are thus 
authorized to import/export the goods concerned.  The list of trade rs with exclusive right s shall be 
published on the offici al website of the Commission ; as of April 2018, no suc h list has been 
established . These traders  are to  conduct their business in a non-discriminato ry manner , guided 
only by commercial considerations including conditions of purchase or sale . Third countr y 
organizations  are to be granted adequate opportunity , in conformity with usual business practice , 
to compete for such purchases or sales.  
3.2.2.4   Licensing  
3.40.   Automatic licensing, used to monitor foreign trade within the Union, is disciplined under 
Section V of the Protocol on NTMs . The initiative to implement automatic licensing comes from 
either a member State or the Commission. Goods subject to automatic licensing shall be included 
in the Common list of goods referred to above . Trade in goods subject to automatic licensing is 
carried out on the basis of import/export permits (Section V of the Protocol on NTMs ).  
3.41.   Import/export license s - one-time, general or exclusive - are issued  to the  trade rs by an 
authorized body of a  member State. Licences are applicable to the export/import o f goods subject 
to QRs, exclusive rights, permit -based procedures, TRQs and import quotas applied as special 
safeguard measures.  General and exclusive licenses are issued  in cases determined by the 
Commission. Licenses issued by the authorized body of one member State are recognized by all 
other member State s. Detailed rules as regards how l icensing shall be carried out are defined in 
the Appendix to the Protocol on NTMs .  
3.42.   Unless when allocated among third countries, licences cannot be country -bound (paragraph 
24 of the Protocol on NTMs ).  
3.2.3   Other export -related m easures  
3.43.   Export duties are not applied on intra -trade .  
3.44.   As regards trade with third -parties, t he EAEU has no common regulation for export duties ; 
member States are thus free to unilaterally apply export duties in accordance with the ir respective  
domestic  legislation and international commitments .  WT/REG358/1  
 
- 32 - 
 
  3.45.   As of early 2018 , export duties are applied by all three parties : 
a. the Russian Federation applies export duties on approximately 200  lines at 10-digit level. 
Duties on another 495 lines were eliminated upon accession to the WTO.24  
b. Kazakhstan applies export duties on 148 lines.25 In acceding to the WTO, Kazakhstan 
has bound , sometimes with commitments to progressively reduce and eliminate, export 
duties for 370 lines (Part V, Section A of its Schedule). In addition, in case the EAEU 
decides  to introduce a common policy  on export duties, Kazakhstan  has also committed 
to align its export duty rates with lower rates of the Russian Federation on 556 lines 
(Part V, Section B of its Schedule) ; and   
c. Belarus applies export duties on few lines, including petroleum.26  
3.46.   The EAEU envisages developing a series of measures for export d evelopment - in particular, 
insurance and export credit, introduction of common labelling for goods of the EAEU and their 
promotion. (Article 41).  In that context, an  annual exhibition forum  - the "Eurasian Week"  - is held 
alternately in the territory of e ach of the member States . The forum aims at the further 
development of integration, promotion of export and exhibition activities of EAEU m ember States.  
3.2.4   Fees and charges  connected with importation and exportation  
3.47.   Under Article 47 of the EAEU  Customs Code, customs fees are the competence of the 
member States individually. Their amount may not exceed the estimated costs incurred by the 
customs authorities for the performance of the acts in respect of which the customs fees are 
established. The terms and condi tions for their payment as well as any applicable exemption are 
set out either in the Code or in domestic legislation.  
3.48.   Goods in intra -trade  are not subject to the payment of fees and charges  connected with 
importation.  
3.2.5   General incidence of the formation o f the EAEU  
3.49.   When the Russian Federation joined the WTO, the customs union, including its CET, was 
already in force. A t the time of the entry into force of the EAEU, among its original members only 
the Russian Federation was a WTO Member.  Since that time, Ka zakhstan has become a Member 
and Belarus is acceding.  
3.50.   The accessions of Armenia and of the Kyrgyz Republic to the EAEU took place in 2015, the 
same year the EAEU was establish ed – respectively in January and August . 
3.51.   Given the proximity of the establishment of the EAEU and the two successive accessions, 
the Secretariat will calculate the general incidence of the formation of the EAEU with the five 
member States. The general incidence calculation was circulated in a sep arate document  
(document WT/REG 358/2). 
3.3  Rules of origin  
3.52.    In accordance with the principles of functioning of the EAEU, the control of origin of goods 
in intra -trade is not carried out . 
3.53.   Provision s of common rules of origin for goods imported into the territo ry of the EAEU  are 
stipulated in Articles 36 and 37 of the EAEU Treaty (USTP rules  and MFN trade, respectively ) and 
by Article 37  (MFN rules). P ending the adoption of EAEU rules : 
                                                
24 See paragraphs 3.93 and 3.94 of WT/TPR/S/345/Rev.1.  
25 In accordance with Order of Minister of National Economy of the Republic of Kazakhstan No 81 of 17 
February 2016 . See http://adilet.zan.kz/rus/docs/V160 0013217 . 
26 Export duties are applied on rape or colza seeds, whether or not broken; petroleum oils and oils 
obtained from bituminous minerals, crude and petroleum products; mineral or chemical fertilizers, potassium; 
raw hides and skins; tanned or crust hi des; fuel wood; wood in the rough, whether or not stripped of bark or 
sapwood, or roughly squared; hoopwood; wood sawn or chipped lengthwise.  WT/R EG358/1  
 
- 33 - 
 
  a. the Agreement between the Government of the Republic of Belarus, the Governme nt of 
the Republic of Kazakhstan and the Government of the Russian Federation "On Rules of 
Origin of Goods from Developing and Least Developed Countries " of 12 December 2008 
is applied for USTP trade (Article 102:3);  and 
b. the Agreement between the Government of the Republic of Belarus, the Government of 
the Republic of Kazakhstan and the Government of the Russian Federation "On Common 
Rules for Determining the Country of Origin of Goods " of 25 January 2008 is applie d for 
MFN trade (Article 102:4) .27 
3.54.   MFN r ules of origin are used in the application of the CET, non-tariff measures, trade 
defence measures, labelling, government procurement  and for statistical purposes. Beyond whol ly 
obtained goods, the general non -preferential rul es of origin are a  change in tariff heading; value -
added and the technical test criteria can also be used.  Basic operations (such as mixing, slaughter 
of animals, preparation for sale, and packaging of goods) do not qualify as substantial 
transformation.  
3.55.   USTP rules of origin  limit non -originating materials to 50% of the exported product. 
Valuation of imported materials is on the basis of the customs value while for exported products it 
is on the basis of the  ex-factory price.  
3.4  Regulatory provisions on trade  in goods  
3.4.1   Standards28 
3.56.   The EAEU Treaty provisions and Decisions on  the preparation  and application of technical 
barriers to trade  (TBT) , conformity assessment proced ures and sanitary and phytosanitary (SPS) 
measures are based on th e following underlying elem ents: 
a. interaction between  member States and supranational bodies, in particular within the 
Consultative Committee on Technical Regulation  and Application of Sanitary, Veterinary 
and Phytosanitary Measures (hereafter  the "Consultative Committee "); 
b. an appoin ted "Developer" - a member State or the Commission – leads the discussion on 
a particular draft TBT and SPS measure  within a Working Group (WG) . The WG is  
composed of representatives from member States with specific technical and 
administrative expertise ;29 
c. opportunity given for public consultations on draft TBT and SPS measures ;30 and 
d. the EAEU's common TBT and SPS measure  are approved by the Commission  – either the 
Collegium  or the Council, depending on the subject matter  (see paragraph 
3.69.   below ). The Council has the right to veto the decisions adopted by the Collegium . 
In general, prior review and approval by the relevant national authorities is also 
required.   
                                                
27 Notified to the WTO, see G/RO/N/84 and Corr.1. The Agreement on Common Rules for Determining 
the Country of Origin of Goods of 25 January 2008  and the Agreement on Rules of Origin of Goods from 
Developing and Least Developed Countries of 12 December 2008 can be consulted online, see respectively 
http://www.eurasiancommission.org/ru/act/trade/dotp/commonSytem/Documents/CU_Agreement_on _ROO.pdf  
(non-preferential rules of origin) and http://ptadb.wto.org/docs/Russia_GSP/Rules_of_origin.doc  and 
http://ptadb.wto.org/docs/Russia_GSP/Decision_130.doc  for USTP rules of origin . 
28 Many decisions referred to in this section, some in a consolidated form, are available in English in the 
Commission's website – see Annex 5 to this factual presentation and 
http://www.eurasiancommission.org/en/act/texnreg/Pages/acts.aspx . 
29 The functions and interactions of WGs and the Consultative Committee are defined by two 
regulation s: "of Working and Expert Groups on SPS and TBT"  - Decision of the Mi nister on Technical 
Regulation , Member of the EEC Collegium  of 3 October 2013, and "on the Consultative Committee on Technical 
Regulation, Application of Sanitary, Veterinary and Phytosanitary Measures"  - Collegium  Decision No 161/12.   
30 See http://www.eurasiancommission.org/en/act/texnreg/depsanmer/publ/Pages/default.aspx  for SPS 
and http://www.eurasiancommission.org/en/act/texnreg/deptexreg/tr/Pages/projectsPublic.aspx  for technical 
regulations.  WT/REG358/1  
 
- 34 - 
 
  3.57.   The Consultative Committee is an advisory body t o the Collegium  that develops proposals 
for technical regulations and sanitary, veterinary and phytosanitary measures on the basis of 
agreed positions of the EAEU member States' authorized bodies . Sub-committees on 
Standardization and Uniformity of Measurements are established under the Consultative 
Committee. Figure 3.1 summarizes the steps involved in the adoption of common EAEU  TBT and 
SPS measures . 
3.58.   The EAEU member States national enquiry points on technical regulations and sanitary and 
phytosanitary measures are as follows:  Belarus State Insti tute of Standardization a nd Certification 
(BelGISS), www.nicwto.by , e-mail info@nicwto.by ; Department for Foreign Trade Activity 
Development of the Ministry of National Economy of the Republic of Kazakhstan , e-mail 
wto.kaz.ntf@gmail.com ; and  for Russia n Federation , the Ministry of Industry and Trade of the 
Russian Federation (Minpromtorg) concerning technical regulation, http://minpromtorg.gov.ru/  
and http://minpromtorg.gov.ru/en/ , the Ministry of Agriculture of the Russian Federation 
concerning veterinary and phytosanitary measures , http://mcx.ru / and http://mcx.ru/en/about/ , 
and the Russian Federal Service for Surveillance on Consumer Rights Protection and Human 
Wellbeing (Rospotrebnadzor) concerning sanitary measures , https://rospotrebnadzor.ru.com/  and 
http://rospotrebnadzor.ru/en/ .  
Figure 3.1 Procedures for the adoption of common EAEU TBT and SPS measures  
 
3.4.1.1   Sanitary and phytosanitary measures  
3.59.   Sanitary and phytosanitary provisions are found in Section XI and Annex 12 of the  EAEU 
Treaty (Protocol on the Application of Sanitary, Veterinary and Phytosanitary Measures , hereafter, 
"SPS Protocol" ). Decisions of the Commission of the Customs Union or of the EAEU regulate in 
greater detail the application of these measures . 
3.60.   The Treaty establishes a coordinated SPS policy for the Union. However, member States 
retain their rights to introduce temporary SPS measures, e.g.  in cases of justified risk of specific Initial       
phase  • Initiation of a draft TBT or SPS measure , by an EAEU member State or the Commission.  
 
• Appointment of Developer . 
 
• Establishment of the WG to review the draft.  
Develop -
ment   • Draft TBT or SPS measure discussed/approved in WG.  
 
• Draft TBT or SPS measure submitted to the Consultative Committee.  
 
• Draft TBT or SPS measure open for public consultation (in EAEU website), during 60 days.  
 
• Comments can also be made in the context of WTO notification/transparency procedures.  
 
• Comments are processed by the Commission and submitted to the Developer.  
 
• Within 30 days from their receipt, the Developer leads discussion within the WG, and prepares 
a summary of comments (indicating acceptance/justification for rejection), which is sent to the 
Commission. Particular attention is given to comments based on international standards, 
guidelines and recommendations.  
 
• The Commission publishes in its website a summary of comments and reactions.  
 
Approval  • The Consultative Committee reviews and approves the revised draft TBT or SPS measures 
within 30 working days from the submission of the summary comments to the Commission. It 
is then submitted to the Collegium.  
 
• National authorities review and approve the revised draft TBT or SPS measure.  
 
• Adoption of the revised draft TBT or SPS measure:                                                                                    
 - by the Collegium, if under its competence; or                                                           
 - by the Council, following approval of the Collegium.   
 
• Publication at the EAEU website (and upon request, a copy is sent to WTO Members through 
the TBT/SPS Enquiry Point)  WT/R EG358/1  
 
- 35 - 
 
  imported goods. The Treaty provides that procedures of interaction between authorized bodies of 
the EAEU member States for implementing these temporary SPS measures are to be developed by 
the Commission  (Article 56.4 ). These procedures , adopted by the EAEU Council Decision No 149 of 
16 May 2016 , provide  the timeframes for informing other EAEU member State s on the temporary 
SPS measure and require the member State introducing the measure to provide a description of 
the measure  as well as the reason for, and date of,  its implementation.31 
3.61.   Article 57 of the Treaty provides that the EAEU common sanitary requirements that fall 
within the scope of technical regulations shall be included therein. Further, movement of certain 
categories of products may be subject to conformity assessment procedures conducted in the 
course of registration with the competent authorities of the member States (paragraph 4 of the 
SPS Protocol). The List of products subject to state registration was adopted by the Decision of the 
CU Commission No 299 of 28 May 2010 .32 
3.62.   In line with Article 56.1 of the Treaty, SPS measures mus t be applied on the basis of 
scientific principles and only to the extent necessary for the protection of human, animal or plant 
life and health. SPS measures must be based on international and regional standards, except when 
their application on a scienti fic basis results in a higher level of protection. According to the  CU 
Commission Decision No 721 of 22 June 20 11, in the absence of the EAEU 's or national mandatory  
rules establishing veterinary  and SPS  requirements, the standards, guidelines and 
recommendations of the Codex Alimentarius Commission, the International Office of Epizootics and 
the International Plant Protection Convention are to be applied. Also, t hose stan dards prevail over 
the more stringent rules applicable in the Union to the extent there is no scientific justification for 
the application of the latter.   
3.63.   The EAEU's risk assessment disciplines , as defined in EEC Collegium  Decision No 17 of 11 
February 20 14, are based on Article  5 of the WTO SPS Agreement .33 Member State s are required 
to ensure that  veterinary or SPS  measures are based on an assessment, as appropriate to the 
circumstances, of the risks to human, animal or plant life or health, taking into account risk 
assessment techniques developed by the relevant international organizations. Account shall also 
be ta ken of  relevant economic factors , including  the potential damage in terms of loss of 
production or sales in the event of the entry,  establishment or spread of a pest or disease, the cost 
of control or eradication in the territory of the member States and t he relative cost -effectiveness of 
alternative approaches to limiting risks.  
3.64.   Every EAEU m ember State is obliged to recognise veterinary certificates issued in uniform 
form (common veterinary certificate) by other member States (Article 58:6 of the Treaty).  
Regulated products with high phytosanitary risk (see below) imported into the Union's customs 
territory must be accompanied by a phytosanitary certificate in the case of import of such products 
as well as of transportation within the Union  (paragraph 23 o f the SPS Protocol).  
3.65.   The EAEU's disciplines are implemented on the basis of CU Commission Decision s No 317 ( as 
amended)  "On the Application of Veterinary and Sanitary Measures in the Customs Union"  of 18 
June 2010, No 318"On Assurance of Plant Quarantine in the Customs Union " of 18 June 2010  and 
No 299 "On Application of Sanitary Measures in the Eurasian Economic Union " of 28 May 2010 , 
which establish the follow ing: 
a. common lists of goods subject to veterinary control  and to phytosanitary quarantine 
control  - covering respectively 109 and 125 group s of products34 (see Table A6.1 in 
Annex 6)  – of which 81 are listed as having  high phytosanitary risk, and the rem aining 
44 as having  low phytosanitary risk  (see Table A6.2 in Annex 6) ;   
                                                
31 Available at  https://docs.eaeunion.org/docs/en -us/01413079/cncd_15022017_149  (Russian only).  
32 Decision "On application of sanitary measures in the Customs Union", available in English at 
https://docs.eaeunion.or g/docs/en -us/0045260/cuc_28062010_299 . 
33 Decision No 17 of 11 February 2014  amends CU Commission Decision No 835 "On Equivalence of 
Sanitary, Veterinary and Phytosanitary Measures and Conduct of Risk Assessment"  of 18 October 2011. These 
Decisions can be f ound, in Russian only, at https://docs.eaeunion.org/docs/en -
us/0044949/cuc_21102011_835  and https:// docs.eaeunion.org/docs/en -us/0044176/clcd_11022014_17 .  
34 The HS codes can be found in Annex 6. However, for a full picture of the products involved, both the 
HS codes and the product description have to be consulted. These are found in the relevant Append ices of the 
Decisions Nos 317 of 18 June 2010  and 318  of 18 June 2010 . WT/REG358/1  
 
- 36 - 
 
  b. common regulations regardi ng veterinary and phytosanitary control at the EAEU's 
external borders and within its customs area , as last modified by the EEC Council 
Decision No 93 of 23 November 2015 and No 10 of 17 March 2017, respectively;  
c. common procedures for joint inspections and sampling subject to veterinary control, as 
modified by CU Commission No 834 of 18 October 2011 and EEC Council Decision No 94 
of 9 October 2014 ; 
d. a list of Common Veterinary Requirements  – including  supporting documentation 
(veterinary certificate /passport)  and import permit - for 110 group s of products  subject 
to veterinary control . For various groups of products, the latter requiremen t only apply 
to Belarus  (common requirements are aligned with WTO accession commitments of the 
Russian Federation ; when acceding to the WTO, Kazakhstan undertook the same 
commitment s); and  
e. in addition, common forms of  veterinary certificate s are also defined for 41 controlled 
products when these are imported  from third countries into the territory of the EAEU ( CU 
Commission Decision No 607of 7 Aril 2011 ). This Decision has been amended  a few times 
to align the veterinary certificates with international standards, recommendation s and 
guidelines.35  
f. common List of Goods subject to sanitary and epidemiologic surveillance (control) on the 
customs border and customs territory of the EAEU;  
g. common sanitary and epidemiologic and hygienic requirements to goods subject to 
sanitary and epidemiologic surveillance (control) ; 
h. common form of document confirming safety of products (the common form of the 
certificate on the state registration); and  
i. regulations on the procedure of the state sanitary and epidemiologic surveillance 
(control) of persons and the vehicles crossing the  customs border of the EAEU, 
controlled goods moved through the customs border of the EAEU and on customs 
territory of the EAEU.  
3.66.   Except as indicated in b. and e. above, all  of these elements apply equally to internal and 
external trade of the Union .  
3.67.   In the absence of common veterinary requirements  for the EAEU , bilateral certificates may 
be developed based on a common EAEU position, in accordance with relevant international 
standards, guidelines and recommendations. When common veterinary requirements exist, 
exporters may either use the EAEU common form of veterinary certificate or alternatively a 
bilateral export certificate that reflect s the particular conditions of the exporting country. Bilateral 
export certificates that differ from the EAEU's common certificate and requirements  can be  
negotiated between  EAEU member States' competent authorities and an exporting country  
(Decision No 726 "On Veterinary Measures"  of 15 July 2011 ), provided that  the exporting country 
had made such a substantiated request prior to 1  January  2013;  the certificate ensure s the 
appropriate level of protection , as determined by the EAEU member States ; and its terms and 
requirements are no less favourable than those of an international treaty concluded prior  to 1 July 
2010 between the relevant EAEU member State and the exporting country . 
3.68.   Until new EAEU -wide veterinary certificate enters into force , the validity period of a ny 
bilateral veterinary export certificate initialled by one of the EAEU member States with third parties 
before 1 July 2010  or between 1 July to 1 December 2010 , as well as any subsequent 
amendments to such certificates, is extended until an export certificate is agreed between the 
EAEU and a third party based on the agreed positions of all of the EAEU member States , provided  
                                                
35 As amended by CU Commission Decisions No 832 of 18 October 2011 and No 892 of 9 December 
2011; EEC Collegium Decisions No 262 of 4 December 2012, No 308 of 25 December 2012, No 193 of 10 
September 2013, No 245 of 29 October 2013, and No 19 of 11 February 2014; and EEC Council Decision No 95 
of 9 October 2014, No 252 of 24 December 2014, No 161 of 8 December 2015, No 15 of 2 February 2016,  No 
64 of 7 June 2016, No 61 of 30 May 20 17. WT/R EG358/1  
 
- 37 - 
 
  an authorized body of an EAEU member State had received an appropriate request before 1 
January 2013 .  
3.69.   The Commission's  competence rega rding the adoption, introduction of amendments and 
addenda to  standards is summarized  in Table 3.7. 
Table 3.7 Commission competence regarding SPS and veterinary measures  
Council  Collegium  
Common Lists of Goods subject to Sanitary -
Epidemiological Surveillance, Veterinary and Quarantine 
Phytosanitary Control  Common Veterinary Requirements and Common 
Forms of Veterinary Certificates  
Regulations of Sanitary and Epidemiological Control  Common S anitary Requirements  
Regulations on Common System of Joint Inspections of 
Objects and Sampling Goods Subject t o Veterinary 
Control  Common Form of Certificate of State Registration 
of Product  
Regulations on Common Procedure for Conduct of 
Veterinary Control  All remaining issues  
Regulations on Common Procedure for Conduct of 
Quarantine Phytosanitary Control   
Common Quarantine Phytosanitary Requirements   
Common List of Quarantine Objects   
Common Rules and Norms of Assurance of Quarantine 
of Plant   
Source:  EAEU Treaty and EAEU legal instruments.  
 
3.4.1.2   Technical barriers to trade  
3.70.   Technical barriers to trade are dealt with in Section X and Annex 9 (Protocol on Technical 
Regulation) of the Treaty. Two related aspects - harmonization of measurements and accreditation 
of conformity assessment bodies - are found in Annex es 10 and 11 to the Treaty, respectively.  
3.71.   EAEU technical regulations shall aim at the protection of human, animal and plant life and 
health; the protection of the environment; the prevention  of deceptive practices; ensuring energy 
efficiency and conservation of resources (Article 52 of the Treaty).  
3.72.   A technical regulation encompasses mandatory product characteristics and related 
processes - namely design (including research), manufacturing, c onstruction, installation, setting 
up, operation, storage, transportation, sale and disposal. While the use of standards is voluntary, 
compliance with technical regulations is mandatory, and the use of international standards in the 
development of EAEU's t echnical regulations is encouraged (paragraphs 2 and 3 of the Protocol on 
Technical Regulation, respectively).  
3.73.   EAEU disciplines on technical regulations are based on the provisions of the WTO TBT 
Agreement, in particular:  
a. technical regulations shall not create barriers to business activity beyond the levels 
necessary to achieve legitimate objectives (paragraph 1 (16) of Article 51 of the EAEU 
Treaty);  
b. harmonization of technical regulations with relevant international standards (paragraph 3 
of the Protocol  on Technical Regulation ), unless , as provided for in Article 2.4 of the WTO 
TBT Agreement, they are "an ineffective or inappropriate means for the fulfilment of the 
legitimate objectives pursued";  
c. harmonization of conformity assessment procedures with re levant international 
standards, relevant guidelines or recommendations issued by international standardizing 
bodies;  
d. establishment of a single information/enquiry point on SPS and TBT;  WT/REG358/1  
 
- 38 - 
 
  e. transparency in the development of technical regulations (Council Decis ion No 48/12);  
f. conformity assessment procedures are based on the principles of non -discrimination 
between domestic and imported products and among suppliers of imported products, 
both in terms of procedures and in terms of fees; proportionality of procedu res to the 
level of risk; transparency and predictability of the procedures; an d protection of 
confidentiality; and  
g. notification to the WTO of a draft technical regulation that would affect international 
trade takes place at the same time as it is open for  public consultations, which shall last 
at least 60 calendar days.  
3.74.   EAEU Treaty provisions and Decisions aim at progressively achieving the following:  
a. harmonization of national legislation in the area of technical regulation;  
b. adoption of the EAEU's technical regulations on mandatory requirements for goods and 
production processes;  
c. common procedures for the development of technical regulations in the territory of each 
EAEU member State;  
d. harmonization of standards and the implementation of relevant int ernational standards 
as a basis for the elaboration of technical regulations;  
e. implementation of common forms and rules for conformity assessment;  
f. conducting joint conformity assessment of products;  
g. accreditation of conformity assessment bodies; and  
h. cohere nce of policies in the area of measurement traceability.  
3.75.   Pending full harmonization, three systems coexist: a national  system , one based on mutual 
recognition , and finally the EAEU harmonized system. The p aragraphs below describe these as well 
as progress achieved up to  January 2018 . The most recent disciplines on the importation of goods 
subject to mandatory requirements are spelled out in Collegium  Decision No 294/12.36  
3.76.   Products for which EAEU technical r egulations are to be developed are included in the 
Unified List of Products approved by CU Commission Decision No 526/11, as amended by EAEU 
Commission Decision No 102/12, which includes 66 product groups ( see Table A6.3 in Annex 6 ). In 
practice , technical  regulations adopted at the EAEU level have direct effect in its territory (Article 
52.1 of the Treaty). Products for which a technical regulation has entered into force shall move 
freely within the territory of the Union, provided the necessary conformity  assessment has been 
undertaken . The EAEU's mandatory labelling  also applies , as approved by the Commission 
(paragraph 6 of the Protocol on Technical Regulation) . Mandatory requirements c annot  however be 
applied for products not include in the Unified List.  
3.77.   Out of these 66 product groups, 47 had been identified as priority products for the 
development and adoption of EAEU technical regulations (CU Commission Decision No 492/10). As 
of 1 March 2018 , 45 EAEU technical regulations had been adopted of which  38 had entered into 
force;37 transition periods are foreseen to allow producers, importers and exporters to become 
acquainted with the new technical regulations prior to their application. Once these have expired, 
any m andatory national technical regulations applied in the EAEU member States would be 
abolished.   
                                                
36 "Regulation on the Procedures for Importation to the Customs Union Territory of Goods (Products) in 
Respect of which Mandatory Requirements are Established within the Customs Union" of 25 December 2012 . It 
supersedes the relevant provisions of the CU Commission Decision No 319/10. 
37 EAEU technical regulations can be consulted on 
http://www.eurasiancommission.org/ru/act/texnreg/deptexreg/tr/Pages/default.as px. WT/R EG358/1  
 
- 39 - 
 
  3.78.   Pending the adoption of EAEU technical regulations, a Unified L ist of products  subject to 
mandatory conformity assessment within the EAEU has been established  (Decision  of the CU 
Commission  No 620 of 7 April 2011 , as amended ).38 Products not included in the Unified List are 
subject to mandatory conformity assessment according to the national legislation of the EAEU 
member States. Products for which technical regul ations of the EAEU are adopted are excluded 
from the Unified List.  
3.79.   As of April 2018, t he Unified List only includes six groups  (out of the original 25 ), split in to 7 
sub-groups and 46 products (see  Table A6.4 in Annex 6 ).39 These products are allowed for 
circulation within  the EAEU territory provided compliance with the following  conditions are fulfilled : 
a. unified mandatory technical requirements;  
b. unified conformity assessment procedures;  
c. unified or similar or comparable testing and measurement methods;  
d. a mandatory form for conformity assessment procedures based on the level of risk that 
each particular product pose s to human life and health - i.e. either a certification , a 
declaration of conformity based on evidence acquired with third party participatio n, or a 
declaration of conformity based on the applicant's own evidence;  
e. issuing of certificates of  conformity and/or registration of declaration s of conformity in 
the EAEU  common form is carried out by certification bodies  listed in the Unified Register 
(see paragraph 3.81.   below ) for goods produced within the CU (paragraph 5 of  the 
Protocol on Technical Regulatio n). Conformity of foreign goods can be demonstrated 
either through the use of the EAEU's common form (approved by the CU Commission 
Decision No 319 of 20 10, as amended by the EEC Collegium Decision No 77 of 20 13) or 
alternatively through the declaration of  conformity in accordance with the national 
legislation of the EAEU member State ; the common forms are defined in the Decision of 
the CU Commission No 621 of 7 April 20 11;40  
f. free circulation within the EAEU territory provided that (paragraph 7 of the Protocol on 
Technical Regulation) the product has undergone conformity assessment procedures in 
the territory of one of the member States; the certification and testing were condu cted 
respectively by a conformity assessment body/testing laboratory included in the Unified 
Register of bodies on conformity assessment of the EAEU; and the product is 
accompanied by a certificate of conformity or a declaration of conformity, with the 
common form; and  
g. that where the applicant has chosen to demonstrate conformity on the basis of the 
national legislation of an EAEU member State, the product must remain  within the 
territory of that member State.  
3.80.   A member State being guided on the protection  their legitimate interests may apply 
emergency measures in order to prevent release into circulation of hazardous products. In such 
case it shall immediately inform other EAEU member States on the emergency measures taken  
and shall hold consultations and negotiations on that issue (paragraph 9 of the Protocol on 
Technical Regulation ). 
                                                
38 CU Commission Decision No 620 "On the Unified List 's Update  with Regard to Products Subject to 
Mandatory Conformity Assessment (Confirmation) within the Framework of the CU with Issuance of Single 
Documents, Approved by CU Commission Decision No. 319  of 18 June 2010" , of 7 April 2011 . Decision 69 
excluded "Furniture" (Chapter 13) from the list, reducing the number of "groups" of products to 24. V arious 
subsequent Decisions excluded from the Unified List  those products for which EAEU technical regulati ons had 
been adopted . The very first unified list had been established by CU Commission Decision No 319 "On 
Technical Regulation in the Customs Union" of 18 June 2010 . 
39 Lighting equipment; dishes; food for animals, birds and fish; cleaning agent; sanitar y ware and 
matches . 
40 Decision No 621 "On the Regulation on the Application of Model Schemes of Conformity Assessment 
(Confirmation) in the Technical Regulations of the Customs Union" of 7 April 2011.  WT/REG358/1  
 
- 40 - 
 
  3.81.   The following EAEU Unified Registers are maintained by the Commission on the basis of 
member State submissions:  EAEU Unified Register of Certification Bodies and Testing Labo ratories 
(hereafter, the "Unified Register");41 Unified Register of Issued Certificates of Conformity; and  
Unified Register of Registered Declarations of Conformity.  
3.82.   Documents on conformity assessment issued by Bodies included in the Unified Register are 
accepted throughout  the EAEU territory, and their validity shall not exceed 5 years. Application for 
registration of a declaration of conformity can be made by a jurid ical person, a natural person 
registered as an individual entrepreneur in accordance with national legislation of the EAEU 
member States who operates as a producer or seller, or by an authorized representative of both 
categories of applicants.  
3.83.   The "Protocol on Recognition  of the Results of Works on Accreditation of the Conformity 
Assessment Bodies" (Annex 11 to the EAEU Treaty) stipulates the principles for a common EAEU 
system of mutual recognition of accreditation, the responsibilities of the accreditation bodies of the 
EAEU member States and general principles of accreditation, pending harmonization of the 
accreditation legislation. Harmonization work is to be based on international standards; pending 
that, mutual recognition of accreditation of conformity assessment bodies is granted provided they 
comply with Article 54 of the EAEU Treaty (paragraph 3 of Annex 11). Article 54 on "Accreditation" 
provides inter alia  for accreditation rules to be harmonized with international standards; access to  
voluntary, transparent, objective and impartial accreditation procedures that ensure the 
confidentiality of information obtained during the accreditation, the inadmissibility of the 
combination by one authority of a member State of both accreditation and conformity assessment 
functions. Article 54 also includes disciplines aimed at avoiding competition between accreditation 
bodies of member States.  
3.84.   The tasks of EAEU member State accreditation bodies are as follows (paragraph 4 of Annex 
11 to the EAEU Treat y): 
a. propose national -related modifications to the EAEU's Unified Register;   
b. maintain the register of accredited conformity assessment bodies and the rosters of 
accreditation and technical experts ;  
c. provide information on all of the above to the EAEU integr ated information system;  
d. provide an opportunity for representatives of accreditation bodies to carry out mutual 
comparative assessments in order to achieve equivalence of procedures applied in the 
member States;  
e. decide on appeals filed by conformity asse ssment bodies; and  
f. decide on complaints from natural or juridical persons of the member States on the 
activities of both accreditation as well as accredited conformity assessment bodies.  
3.85.   The voluntary application by EAEU member States of international and  regional standards 
(and, in their absence, national standards) included in the "List of Standards" adopted by the 
Commission ensure s compliance with the EAEU technical regulation requirements (paragraph 4 of 
the Protocol on Technical Regulation ). While their application on a voluntary basis is a sufficient 
condition to prove compliance, non -compliance with these standards however d oes not mean non -
compliance with the EAEU technical regulations.42  
                                                
41 See http://www.eurasiancommission.org/en/docs/Pages/IL_OS.aspx . 
42 The " Approved Lists of Standards for Technical Regulations of the Customs Union " can be found at  
http://www.eurasiancommission.org/ru/act/texnreg/deptexreg/tr/Pages/default.aspx .. The "List of Standards" 
covers railroad rolled stock; high speed railroad transport; infrastructure of railroad transport; pyrotechnical 
articles; packaging; low voltage equipment; toys; perfumes and cosmetics; products intended for children and 
teenagers; machinery and equipment; lifts; equipment for work in explosion hazardous environment; motor 
petrol and aviation gasoline, diesel fuel and marine fuel, fuel for reactive engines and furnace oil fuel; 
automobile roads; units operated with gaseous fuel; grains; wheeled vehicles; oil and fat production; food 
products; light industry products; individual protection means; fruit and vegetable juices; electromagnet WT/R EG358/1  
 
- 41 - 
 
  3.86.   Pursuant to paragraph 5 of Article 53 of the EAEU  Treaty, the liability for non -compliance 
with technical regulation requirements, as well as for a violation of con formity assessment 
procedures, i s established by the legislation of each member State. A member State ha s the right 
to take all appropriate m easures whenever it ascertain s that products d o not conform with EAEU 
technical regulations , including prohibit ion on placement in, or withdraw al from, the market; other 
member States are to be informed of measures taken.   
3.87.   Article 55 of the EAEU Treaty  foresees the development of  an "Agreement on procedure and 
conditions of elimination of technical barriers to mutual trade with third countries". Under this 
Agreement, the elimination of TBT would be possible on the basis of international agreements of 
the EAEU with third countries.  As of April 2018, this Agreement has not been signed . Pending the 
conclusion of this Agreement, legislation at the level of each EAEU member applie s.  
3.88.   Finally, the following Agreements are also being drafted within the EAEU:  "On principles and 
approaches to the harmonization of legislation of EAEU member State s in the sphere of state 
control (surveillance) over the fulfilment of requirements of EAEU technical regulations ", aimed at 
aapplying  equivalent approaches to market surveil lance; and  "On rules and procedures of ensuring 
safety of circulated products, that are not covered by the technical regulations", aimed at 
improving the safety of products .  
3.89.   The establishment of the CU in 2010 initiated the transfer of competence in the f ield of 
technical regulations from a national towards a supranational level – initially to the CU Commission 
and finally to the Commission. This is further defined in Section X and Annexes 9 -11 to the EAEU 
Treaty. In particular, EAEU member States have del egated the authority to establish mandatory 
State product requirements to the Commission and no additional mandatory requirements can be 
imposed at the national level.  
3.90.   The Council of the Commission - working under the consensus rule - is responsible for the 
overall regulation of integration processes, whilst the Collegium  - working under the qualified 
majority  rule - is the executive body that makes proposals for further  integration. These are m ore 
specifically  defined in Table 3.8. 
Table 3.8 Commission competence regardi ng TBT  
Council  Collegium  
Unified List of Products for which Mandatory 
Requirements are established within the 
Framework of the EAEU (approval/modifications, 
procedure for its maintenance)  List of international and regional standards, and in 
case of non -existence, the List of national standards 
which ensure compliance with EAEU technical 
regulations (approval/ modifications, procedure for 
their maintenance)  
Technical regulations of the EAEU (approval/ 
modifications, procedure for their maintenance)  Schemes of conformity assessment (approval)  
Plans for development of technical regulations of 
the EAEU (approval)  Regulation on procedure of importation into the 
EAEU customs territory of products  for which 
mandatory requirements were established within 
the EAEU framework  (approval)  
Common Mark of Circulation of Products in the 
Markets of EAEU  member States , as well as the 
relevant regulation (approval)  Common forms of conformity assessment 
docume nts (approval of declaration of conformity 
and certificate of conformity)  
 Regulation on procedure of formulation and 
maintenance of the Unified Registry of conformity 
assessment bodies  
 Regulation on procedure of formulation and 
maintenance of the Unified Registry of conformity 
assessment documents  
Source:  EAEU Treaty and EAEU legal instruments.  
 
                                                                                                                                                  
 
compatibility of technical means; furniture products; small -sized vessels; certain types of specialized food 
products, including dietetic medical and dietetic  preventive nutrition; explosives and articles on their basis; 
lubricants, oils and  special fluids;  and food additives, aromatizers and tec hnological auxiliary substances.  WT/REG358/1  
 
- 42 - 
 
  3.4.2   Safeguard mechanisms  
3.91.   Articles 48 -50 of the Treaty and its Annex 8 "Protocol  on Application of Safeguard, 
Antidumping and Countervailing Measures with regard to the third countries " (hereafter the "Trade 
Defence Protocol ") contain the principles applying to trade defence measures  vis-à-vis third 
parties .43  
3.92.   Safeguard measures towards third party  products are applied in the entire territory  of the 
Union ; global safeguards cannot be applied in individual EAEU member States . Decision s on the 
application of safeguard measure s are taken by the Commission.  If the safeguard measures 
applied on a good involve a special quota or import quotas, this good shall also  be included in the 
"Common list of goods" for which NTMs are applied (see paragraph  3.27.   above ).  
3.93.   Both Kazakhstan and the Russian Federation  notified the EAEU safeguards regime towards 
third parties in March and May 2016, respectively.44 Notification of Kazakhstan also includes the 
Law of the Republic of Kazakhstan № 316 -V "On the application of safeguard, anti -dumping and 
countervailing measures with regard to the Third countries " of 8 June 2015.  
3.4.2.1   Global safeguards  
3.94.   A safeguard may be applied  to a product  if, as a result of an investigation carried out by the 
investigating body , upon request of a "domestic industry of the member States " or on own 
initiative of the investigating authority , it has been determined that th e product is being imported 
into the EAEU customs territory in such increased quantities (in absolute terms or relative to the 
total volume of production in member States of li ke or directly competitive product s) and under 
such conditions that it causes  or threatens to cause  serious injury to the domestic industry of the 
member States.   
3.95.   The Treaty  and the Trade Defence Protocol (Article 49:4) define the domestic industry  of the  
member States as all producers of the like or directly competitive product in the member States, 
or those whose share in the total production of like or directly competitive product s constitutes a 
major proportion , but not less than 25 %. In the WTO Safegua rds Agreement, imposition of a 
safeguard is possible in case of serious injury to the "domestic industry" or threat thereof; there is 
no numeric al threshold but "domestic industry" is understood to mean producers as a whole 
"whose collective output of the like or directly competitive product constitutes a major proportion 
of the total domestic production of those products".   
3.96.   Safeguards are applied to any product imported into the EAEU's customs territory from any 
third country , irrespective of its origin , except as follows  (Trade Defence Protocol , Section III.1, 
paragraph 9):  
a. imports from developing and least -developed countries benefitting from the EAEU USTP 
below a given threshold are exempted from the application of the global safeguards . The 
thresholds are a maximum of  3% of the EAEU's total imports  of the product  per country 
or if below the 3% share , not to collectively exceed  9% of the EAEU's total imports of 
the product. This provision is similar to that under the WTO Safeguards Agreement,  
except that it refers specifically to beneficiaries of the USTP (in the Safeguards 
Agreement , reference is only made to a "developing country Member") ;  
b. imports originating from a member State of the CIS Treaty are exempted from global 
safeguard measures so long as all the conditions specified in Article 8 of the CIS Treaty 
have been fulfilled, namely:  
                                                
43 The English text of the Trade Defence Protocol used in this section as well as on Section 3.4.3 is the 
one notified to the Committee on Safeguards; see footnote 44 infra.    
44 G/SG/N/1/RUS/2. Kazakhstan's notification was revised and circulated as G /SG/N/1/KAZ/1/Rev.1  and 
Corr.1 .  WT/R EG358/1  
 
- 43 - 
 
  i. over the previous  three years, the party has not been among the five main suppliers 
of the product nor has its import volume decreased or grown in smaller v olumes 
compared to imports from other countries; and  
ii. the import price of the product is equal to or higher than the domestic price of a like 
or directly competitive product in the importing Party.  
3.97.   Provisi onal safeguard s (Section III.3 of the Trade Defence Protocol ) may be imposed in 
critical circumstances and for a maximum of 200 days as in the WTO Agreement. Paragraph 22 of 
the Trade Defence Protocol  stipulates that the decision on the application of the provisional duty 
shall be taken, as a rule, within 6  months from the initiation of the investigation. The investigating 
body is to notify in writing the authorized body of the exporting third party, as well as other 
interested parties known to it, about the possible introduction of a provisional safeguard; upon 
request of the authorized body of the exporting third party, consultations shall be initiated after 
the imposition of the provisional safeguard.  
3.98.   If the investigation concludes that there wa s a difference between the provisional and final 
safeguard du ty, the payer will benefit - i.e. if a higher final rate is authorized, the difference 
vis-à-vis the provisional duty is not charged to the payer ; in the other case, the payer is 
reimbursed. Full reimbursement of duties paid occurs if the investigating bod y concludes that there 
were no grounds for the imposition of the safeguard in the first place  (as foreseen  under the WTO 
Agreement ) but also - and that is a novelty of the Treaty - in cases where the Commission decides 
not to apply the safeguards on the ba sis of a recommendation by the investigating body . Any such 
recommendation is made on grounds that their use "may impair  the interests of member States", 
despite the investigations ha ving shown the right of the importing Party to impose them (Section 
VII of the Trade Defence Protocol).  
3.99.   Disciplines regarding safeguard s applied through import quotas are similar to those of the 
WTO Agreement ( Trade Defence Protocol , Section III.4 , paragraphs 24 -27). Procedures for the 
application of safeguards through an import quota are to be adopted by the Commission; if 
licences are to be established, these have to conform with Article 46 of the Treaty.  
3.100.   The maximum duration of s afeguards  and any eventual extension are the s ame as in the 
WTO Agreement, i.e. four and eigh t years, as are the conditions for extending the measure . Also 
the same as  in the WTO Agreement is the approach taken regarding gradual liberalization of 
safeguards that are longer than a year or three years (Section III.5 of the Trade Defence 
Protocol ).  
3.101.   The Department for Internal Market Defence  of the Commission is the responsible 
authority for conducting safeguard investigations ; it also ensures that all notifications concerning 
investigations and measures are provided to the WTO bodies in accordance wi th the established 
procedure  (paragraph 270 of the Trade Defence Protocol).  Notifications concerning safeguard 
actions are published in the Commission's  website. Final decisions to impose measures following 
investigations are made by the Collegium  of the C ommission.  
3.102.   The Protocol establishes that judicial reviews/appeal of Commission decisions are 
determined by the Statute of the Union's Court  (see Section 5.6   below ). The Commission is to 
take necessary measures to implement Court decisions . Review procedures shall not, as a rule, 
exceed 9 months.  
3.103.   Before  the entry into force of the EAEU  Treaty , two safeg uard measures  with respect to 
third countries were applied  by the Customs Union  between the Russian Federation, Kazakhstan 
and Belarus. These measures continued to apply at the entry into force of the EAEU , as indicated 
in Table 3.9.  WT/REG358/1  
 
- 44 - 
 
  Table 3.9 Definitive Safeguard Measures applied by the Customs Union  on 31 December 
2014  and by the EAEU on  1 January 2015  
Investigation  Initiation date  
and WTO document  Effective date and type of definitive 
measure, if any and WTO document  
Harvesters and modules thereof  06/07/2012  
G/SG/N/6/RUS/1  01/01/2014 until 21/08/2016, quota  
G/SG/N/10/RUS/1 & Suppl.1 -3 
Tableware  03/09/2012  
G/SG/N/6/RUS/2  29/09/2013  until 28/09/2016 , Specific duty  
G/SG/N/10/RUS/2 and Suppl.1  
Note:  These measures expired in August and September 2016, respectively.  
Source:  G/SG/141  and G/SG/N/10/RUS/ - series.  
 
3.104.   At the entry into force of the EAEU, none of its members imposed a "Special Safeguard in 
Agriculture ". 
3.4.2.2   Bilateral safeguards  
3.105.   In line with the internal market, intra -EAEU  safeguards are prohibited.  
3.4.2.3   Measures taken for b alance -of-payments  purpose s 
3.106.   EAEU member States are authorized to adopt measures  in cases of critical balance of 
payments  (BOP) conditions and whenever other measures have not prevented  a serious 
deterioration of its external financial position  (Protocol on NTMs , section VIII, paragra ph 42) . The 
request for imposition of such measures is made  by the member State and reviewed by the 
Commission . If this is rejected by the Commission, the member State may unilateral ly apply the 
specified measure , in accordance with the Annex's specific pr ovision on unilaterally applied 
measures (see paragraph 5.14.   below ). 
3.107.   The m easures concerned include the introduction of QRs on imports and lifting exclusive 
trading rights. Restrictions on imports shall not be more substantial than necessary to prevent an 
imminent threat of serious decline in foreign exchange reserves or to restore a reasonable rate of 
increase in the foreign exchange reserves of the member State concerned. While n o reference is 
made to the WTO , the provisions of the Treaty on the Multilatera l System (see paragraph 
2.12.    above ) are of relevance in this context.   
3.4.3   Anti-dumping and countervailing measures  
3.108.   Articles 48 -50 of the Treaty and its Annex 8 contain the principles applying to trade 
defence measures  vis-à-vis third parties . Anti-dumping and countervailing measures are not 
applied in intra -trade (Article 28:3 of the Treaty). At the same time in intra -trade , member States 
are allowed to apply "co mpensatory measures"  - which refer to special mechanisms to counteract 
the negative impact of a specific subsidy of a subsidising member State on the domestic industry 
of the other member State. Application of compensatory  measures  is governed  by Article 9 3 of the 
EAEU Treaty and Annex 28 (see Section 3.4.4  . 
3.109.   Both Kazakhstan and the Russian Federation notified the EAEU 's anti-dumping and 
countervailing measure regime towards third parties to the WTO in March and May 2016, 
respectively.45 
3.110.   An anti -dumping or a countervailing measure may be applied to a product that was 
respectively subject to dumped imports or benefitted - during production, exportation or 
transportation - from a specific subsidy by an exporting third country,  and, if as a r esult of 
investigation carried out by the investigating body  upon request of a domestic industry  of the 
member States,  it was determined that imports of such product into the EAEU's customs territory 
cause or threaten to cause material injury to , or signif icantly retard the development of the 
domestic industry  of member States.  
                                                
45 G/ADP/N/1/RUS/2 - G/SCM/N/1/RUS/2. Kazak no tifications were revised and circulated as 
G/ADP/N/1/KAZ/1/Rev.1  and Corr.1 - G/SCM/N/1/KAZ/1/Rev.1  and Corr.1 . WT/R EG358/1  
 
- 45 - 
 
  3.111.   Generally the provisions regarding anti -dumping and countervailing measures are in line 
with those of the WTO Agreement s on Implementation of Article VI  (hereafter the "Anti -Dumping  
Agreement) and on Subsidies and Countervailing Measures . In particular, t he Treaty's definition of 
"domestic industry  of the member States" (paragraph 3.95.   above ) is in line with disciplines, or 
further interpretation, of both WTO Agreements . The EAEU Treaty does however specify time -
limits for the notification of decisions taken in connection with the investigation , which are not 
specified in the WTO Agreement s. 
3.112.   The Department for Internal Market Defence of the Commission is the responsible 
authority for conducting anti -dumping and countervailing investigations . Notifications concerning 
any such actions are published i n the Commission 's website . Final decisions to impose measures 
following investigations are made by the Collegium  of the Commission.  
3.113.   Provisions regarding non -application of anti -dumping duties or countervailing measures are 
included in Section VII of the Trade Defence Protocol . The se anti-dumping or countervailing 
measures are not to be applied whenever the investigating body recommends their non -application 
because their use "may impair the interests of member States", despite the application of such 
measures meets the criteria est ablished by Annex 8 to the EAEU Treaty . 
3.114.   Finally, the Protocol establishes that judicial reviews/appeal of the Commission decisions 
are determined by the Statute of the Union's Court (see Section 5.6   below ). The Commission is 
to take necessary measures to implement Court decisions. Review procedures shall not, as a rule, 
exceed 9 months.  
3.115.   Before  the entry into force  of the EAEU  Treaty , 10 definitive anti -dumping duties on 
imports from 6 countries ( Table 3.10 and Annex 7 ) were applied  by the Customs Union  between 
the Russian Federation, Kazakhstan and Belarus. These measures continued to apply at the entry 
into force of the EAEU . On the date of Kazakhstan's accession to the WTO, an additional three anti -
dumping duties and one price undertaking were being applied . By the end of 2015 , two additional 
anti-dumping duties had been imposed.  All of these measures have been duly notified to the WTO . 
Table 3.10 Definitive Anti -dumping measures /price undertakings  applied by the EAEU  
Country Affected  Product  Measure  
Measures in force on 31 December 2014  
China   Cold-rolled flat steel products with polymer coating  Duties  
Cold-worked seamless pipes and tubes of stainless steel  Duties  
Enamelled baths of cast iron  Duties  
Rolling -element bearings (excl. needle roller bearings)  Duties  
Germany  Light commercial vehicles  Duties  
India Graphite electrodes  Duties  
Italy Light commercial vehicles  Duties  
Turkey  Light commercial vehicles  Duties  
Ukraine   Certain steel pipes and tubes  Duties  
Forged work -rolls Duties  
Additional m easures in force on 30 November 201 5 (Kazakhstan's accession to WTO)  
China   Citric acid  Duties  
Stainless steel flatware  Duties  
Seamless steel oil country tubular goods  Duties and price 
undertakings  
Additional m easures in force on 31 December 201 5 
China  Crawler dozers  Duties  
Commercial vehicles tyres  Duties  
Source:  G/ADP/N/265/RUS , G/ADP/N/280/RUS , G/ADP/N/294/RUS and G/ADP/N/300/RUS.  
G/ADP/N/280/KAZ , G/ADP/N/294/KAZ and G/ADP/N/300/KAZ . 
 WT/REG358/1  
 
- 46 - 
 
  3.116.   At the entry into force of the EAEU, while no countervailing duties were applied by the 
Customs Union , an investigation was taking place in the Union regarding imports of f errosilicon 
manganese (HS ex -7202.30) from Ukraine. That investigation  was terminate d in June 2016  upon 
findings of a de minimis  amount of subsidy ; no countervailing measures were imposed . This 
investigation has been duly notified to the WTO.46 
3.4.4   Subsidies and State -aid 
3.117.   The EAEU Treaty provides extensive disciplines regarding subsidies, differentiated by 
industrial  (Section XXIV) and agricultural sectors  (Section XXV) .  
3.4.4.1   Agricultural subsidies  
3.118.   Agricultural subsidies are regulated by Article 95 of the EAEU Treaty and its An nex 29 - 
Protocol on Measures of State Support to Agriculture (hereafter the "Protocol on Agricultural 
Support "). In addition, transition provisions (Article 10 6) foresee a 10 -year period for Belarus to 
undertake commitments on agricultural  support under a  newly -developed  methodology47 for the 
calculation of state support measures.  
3.119.   Disciplines regarding State -support to agriculture are in line with those of the WTO 
Agreement on Agriculture, as follows:  
a. non trade -distorting measures ("green box") may be appli ed by member States without 
limitations. These are listed in section III of the Protocol;  
b. measures that are to a large extent trade -distorting cannot be applied by member 
States. They include subsidies for export to another member State and support 
contingent on the use of domestic agricultural products in the production of agricultural 
products . These are  listed in section IV  of the Protocol  on Agricultural Support ;  
c. all other measures are considered trade -distorting measures ("amber box"). The Trea ty 
limits these to 10% of the gross value of the whole agricultural goods' production. Sate 
support measures  are to be calculated and be subject to commitments, which are to be 
replaced by those of the member State once it becomes a WTO Member (paragraphs 8 
and 9 of Protocol on Agricultural Support); and  
d. yearly notifications on state support in the format similar to that of the WTO.  
3.4.4.2   Industrial subsidies  
3.120.   Subsidies disciplines are included in Article 93 of the EAEU Treaty and its Annex 28 – 
Protocol on Common  Rules for Granting Industrial Subsidies ("Protocol on Industrial Subsidies"). 
Transition provisions clarify that some of these disciplines will only apply once an agreement 
further defining some of the Treaty's elements enter s into force (Article 105 of t he EAEU Treaty). A 
transition period is envisaged for a number of competences to be acquired by the Commission 
after the "Agreement on Voluntary Harmonization by the Member States of the EAEU  with th e 
Eurasian Economic Commission (EEC) of Specific Subsidie s for Industrial Goods and the 
Commission's proceedings related to their Provision " (hereinafter referred to as the "Voluntary 
Harmonization Agreement ") enters into force. Moreover, the Commission is fully implementing its 
tasks as regards monitoring and c onducting comparative and legal analysis of legislation of EAEU 
member States; preparing annual reports; assisting in the organization of consultations between 
member States on the issues of harmonization and unification of legislation in the sphere of 
granting subsidies  (subparagraphs 1 and 2 of Article 93 :6 of the EAEU Treaty ). 
3.121.   The Voluntary Harmonization Agreement is under ratification by EAEU member States. 
Decision of the EAEU Intergovernmental Council and the Collegium Decision No 155/17 , as well as 
                                                
46 G/SCM/N/281/RUS, G/SCM/N/28 9/RUS, G/SCM/N/2 98/RUS, G/SCM/N/ 305/RUS,  /SCM/N/2 98/KAZ 
and G/SCM/N/ 305/KAZ. 
47 The methodology was a dopted by the C ouncil Decision No163/16 , available at : 
https://docs.eaeunion.org/docs/en -us/01413254/cncd_20032017_163 (in Russian).  WT/R EG358/1  
 
- 47 - 
 
  relevant implementing legislation , will be operating once the Voluntary Harmonization Agreement 
come s into force.  
3.122.   Industrial subsid y disciplines only apply among EAEU Parties and for subsidies granted as 
of 1 January 201248 (Articles 93:2 and 105:2) . They  aim to ensure a level playing field for 
companies operating within the EAEU in the absence of trade barriers . The provisions authorize the 
imposition of compensatory measures on intra -EAEU trade in cases of injury to the domestic 
industry of a member Stat e. The d omestic industry is  understood as "all manufactures of like 
products in the member State or those whose in the total production of like products  in the 
member State is no less than 25  per cent" . 
3.123.   EAEU disciplines are based upon  principles of the WTO  Agreement on Subsidies and 
Countervailing Measures . In particular, they  provide the following:   
a. a categorization of industrial subsidies  and countervailing dut y procedures  as in the WTO 
Agreement - specific/prohibited/permissible/non -actionable  specific subsidies , with the 
difference that some specific subsidies may a priori not be  actionable (see c. below) ; 
b. the criteria to be used by the Commission for determining the admissibility/  
inadmissibility of specific subsidies;  
c. a voluntary request by a member State to the Commission to approv e its specific 
subsidies , based on an analysis o f their compliance with the criteria of 
admissibility /inadmissibility . Specific subsidies approved by the Commission cannot be 
subject to compens atory measures  (paragraph 6 of the Protocol on Industrial Subsidies) ; 
d. a request by a member State to the Commission to conduct investigations in respect of 
industrial subsidies granted by other member States, if there is evidence of damage to 
its domestic industry ; 
e. the procedures for Commission investigation s, including the information t o be supplied 
by member States;  
f. transparency of procedures and opportunity for consultation between member States ; 
and 
g. the possibility of a challenge by a member State of a specific subsidy during five years 
from the date of provision of the specific subsidy. D isputes between member States shall 
be primarily resolved through negotiations and consultations. If no solution is found 
within 60 calendar days from the date of th e written request for consultations : the 
complainant member State may appeal to the Court of the EAEU ; and if the decisions of 
the Court are not implemented within the specified time -period or if the Court decides 
that the  corrective  measures are inconsist ent with EAEU disciplines , the complainant  
member State shall be entitled to take  proportionate counter measures . 
3.124.   The Commission's decisions under c. and d. above are binding for the EAEU member 
States. Its proceedings are an alternative mechanism for inve stigations at the national level, since 
member States retain the right to initiate them at the national level. In th e latter  case, the 
Commission will act as a third -party to ensure a fact -based analysis.  
3.125.   Temporary exemptions from industrial subsidies disc iplines, listed in the Appendix to the 
Protocol and aligned, in accordance with the Treaty's provisions, with the relevant WTO protocols 
of accessions – are the following:  
a. for Belarus, until 31 December 2020 (unless otherwise provided for in its WTO Access ion 
Protocol) - tax and customs privileges granted for industrial assembly agreements in the 
automotive sector;  
                                                
48 Prior to the establishment of the EAEU, subsidies disciplines were already in place under the customs 
union – "Agreement on Common Rules for Granting Industrial Subsidies" of 9 December 2010, in force as of 1 
January 2012.  WT/REG358/1  
 
- 48 - 
 
  b. for Kazakhstan:  
i. customs dut y and tax exemptions, as well as local content, export performance and 
trade balancing requirements (all of which are WTO prohibited trade-related 
investment measures, or "TRIMs") applied in SEZs and free warehouses, for which 
the transition period ended be fore 1 January 2017;  
ii. measures  applied under the relevant industrial assembly agreements which are 
inconsistent with the WTO -related rules and disciplines were removed before 1 July 
2018;49  
iii. local content requirements applied in the oil, gas and mining sectors are to be 
removed before 1 January 2021;50 and 
iv. the subsidization of interest rates on loans for export oriented production and local 
content requirements for procurement of goods and services were removed upon its 
accession to th e WTO;51  
c. in the case of the Russian Federation:  
i. tax and customs privileges for industrial assembly agreements in the automotive 
sector, were permitted under  the time frame provided in the relevant agreements 
plus an eventual extension up to two years – as indicated by the Russian Federation, 
the transition period ends before 1 July 2018;52 and 
ii. for measures benefitting SEZs, the transition period ended before 1 April 2016.  
3.4.5   Customs -related procedures  
3.126.   Pending the adoption on entry into force of the EAEU Customs  Code, the Customs Code of 
the CU was applied – i.e. during the period 1 January 2015 to 31 December 2017 (Article 101 of 
the EAEU Treaty). Beyond the unified Customs Code, customs regulations are also provided by the 
domestic legislation of EAEU Parties; they remain in force to the extent that they do not conflict 
with the EAEU  Customs Code.  
3.4.5.1   The EAEU Customs Code  
3.127.   The EAEU Customs Code entered  into force on 1 January 2018  along with  numerous 
decision s of a supranational  nature . The Code, composed of 60 Chapters  and divided in to nine 
Sections, replace d 12 legal instruments of the customs union that were simultaneously in force 
(including the 2009 Customs Code of the Customs Union;  Annex 8  lists all the terminated 
instruments ). A particular feature of the new system is its digital nature, replacing paper  copies .  
3.128.   The Code, based on generally accepted international rules including the Revised Kyoto 
Convention, is the principal legal document governing EAEU customs administration and 
procedures, including the  rights and obligations of national customs authorities, importers and 
exporters. It contains detailed provisions related to customs control, operations, payments and 
various types of customs procedures (e.g., release for domestic use, export, re -importati on and 
re-exportation, inward and outward processing, temporary import s or export s, use of customs 
warehouses, etc .). It also includes WTO -related rules and disciplines on customs valuation, rules of 
origin, customs fees, special economic zones, trade in t ransit, the protection of intellectual 
property rights at the border, and the right of appeal against customs decisions.  
                                                
49 The date of the EAEU Protocol – 1.1.2020 – was superseded by the 2018 deadline in its WTO Protocol 
of Accession.  
50 The date of the EAEU Protocol – 1.1.2023 – was superseded by the 2021 deadline in its WTO Protocol 
of Accession.  
51 The date of the EAEU Protocol – 1.1.2016 – was supersede d by the deadline in its WTO Protocol of 
Accession.  
52 WT/TPR/S/345/Rev.1, paragraph 2.46.  WT/R EG358/1  
 
- 49 - 
 
  3.129.   The EAEU Customs Code is intended to ensure uniform rules and customs operations for all 
EAEU member States; in some instances , it also provides additional facilities for foreign declarants 
as compared to the Code previously in force . Its main provisions are as follows :  
a. customs declarations  are electronic ; written customs declaration are only possible in 
exceptional cases – e.g. goods i n transit or sent by international post, etc . (Article 104 of 
the Customs Code) . Customs declarations can be submitted without additional 
documentation to confirm the declaration ; these will only be required in case of doubt 
following the risk assessment  system (Article 109 of the Customs Code);   
b. creation of a single window for all customs operations by economic operators (Article 80 
of the Customs Code);  
c. automatic release of goods (without direct participation of the customs authorities) 
within 4 hours from the registration of the customs declaration  (instead of instead of one 
working day following the day of the registration of the customs declaration ) (Article 119 
of the Customs Code);  
d. customs declaration s can be submitted prior to the arrival of the good at the delivery 
point set by the customs authority  – previously  prior to its importation into the EAEU's 
customs territory (Article 104 of the Customs Code) . Reasons for denying the release of 
goods subject to a preliminary customs declaration include any  changes applicable to the 
tariff, taxes and procedures for granting privileges for their payment, as well as 
introducing internal market protection ;  
e. the preliminary determination of the customs value of goods – based on the transaction 
value method - will be made before their customs clearance;  
f. operators will be able to defer the payment of customs duties and taxes during customs 
clearance of goods;  
g. the customs declaration must be registered  no later than one working hour from 
submission of the declara tion. Registration may be denied in a number of cases, 
including failure to comply with the customs declaration form or its inappropriate 
compilation. The r easons for such a denial and appropriate corrective measures must 
however be specified;  
h. common, supr anational customs procedures as regards special, free -zones and free 
warehouse customs procedures ( Chapters 27 and 28 of the Customs Code);   
i. the status of declarants for foreign legal entities is regulated . Representative offices and 
branches of foreign le gal entities are authorized to declare goods only as part of the 
procedure of release of goods for their own consumption (Article 80 of the Customs 
Code);  and 
j. any legal entity incorporated under the legislation of an EAEU member State  involved in 
internati onal trade can apply for an authorized economic operator (AEO) status  (Chapter 
61 of the Customs Code) , recognized throughout the Union (Article 434),53 on the basis 
of a self -assessment questionnaire . Such status is granted upon recognition  by the 
national customs authority of compliance  with international safety standards ; a registry 
of AEOs is also established.54 There are three types of AEO certificates, each implying a 
balance between requirements to be met and facilitation  accorded ; type  3 certificates 
benefit from the all the facilitations of types 1 and 2  (Article s 432 and  437 of the 
Customs Code ). Trade facilitation  include  inter alia, priority for customs procedures and 
customs control and release of goods prior to submission of the d eclaration on goods (all 
                                                
53 That is producers, exporters , brokers , carriers, warehouse owners , port, airport and terminal 
operators , and other legal entities involved in foreign economic activ ities.  
54 The application form for inclusion in the register of AEOs, the form of the Certificate on the inclusion 
in the register of AEOs, as well as the procedures for their completion, were approved  by Decision of the 
Collegium  of the Commission No 128 of  26 September 2017 , available at https://docs.eaeunion.org/docs/ru -
ru/01414919/clcd_28092017_128  (in Russian).   WT/REG358/1  
 
- 50 - 
 
  types); exemption from the obligation to provide security deposits for customs payments 
in customs transit procedures , or the possibility to provide lower amounts of such 
security deposits subject to certain conditions  (type s 1 and 3); the right to distan ce 
clearance – i.e. ability to clear the goods with customs posts located in other regions of 
the same EAEU member state than the region where the goods are actually 
imported/located  – and to temporarily store goods at the AEO premises (type s 2 and 3 ). 
3.130.   The new Code does not however modify the "place of residence" rule in place under the old 
code – namely that the c ustoms declaration may only be submitted in the country where the 
operat or has its registered tax residency . 
3.4.5.2   Other customs -related procedures  
3.131.   Article 37:6 of the EAEU Treaty authorizes the Commission to act upon false origin  
determination (proof of origin) . In cases of repeated false origin  determination (proof of origin)  by 
a third party, the Commission is authorized to monitor the assessment by customs authorities of 
member States of the correctness of the origin  determination (proof of origin)  of goods imported 
from a particular country. I n case  of systematic false orig in determination (proof of origin) , the 
Commission is authorized to suspend the acceptance of the member State's document certifying 
the correctness of the origin  determination (proof of origin) . Despite the role given to the 
Commission, member States rema in however free to check  the origin of the imported goods and to 
adopt any measure aim ed at addressing the results of the assessment . 
3.132.   To qualify for preferential access under the EAEU USTP scheme, imports of eligible 
products require the Certificate of Origin Form A from the competent authorities of the exporting 
country  or Declaration of origin (in respect of low -value consignments) . Importers must request 
preferential treatment at the tim e of declaration of the goods and present supporting 
documentation. Under the Agreement on Rules of Origin of Goods from Developing and Least -
developed Countries, customs authorities of the importing country  may lodge a request with the 
authorities in the country that issued the certificate of origin to provide additional documentary 
proofs. If the certificate or other proof of origin is not accepted, MFN treatment should be applied 
until the origin of the goods is established. The importer can recover the difference in the duties 
paid for a period of one year from the date of registration of the customs declaration . 
3.5  Sector -specific provisions on trade in goods  
3.5.1   Agriculture  
3.133.   The Union's overall principles for agriculture are in Section XXV of the Treaty on "Ag ro-
Industrial Complex". Its aim is to deepen integration  within the EAEU through  implementation of 
coordinated agro -industrial  policy by member States.   
3.134.   The EAEU Treaty's disciplines contain provisions on the objectives of its coordinated 
agricultural poli cy. Furthermore, they also entrust the Commission with new competences , which 
include: coordination of information sharing on member States' agriculture sector development 
programmes and monitoring the development of their agricultural sector; assistance in conducting 
consultations and negotiations between member  States on harmonization of legislation for the 
agro-industrial complex, including regulation of State support to agriculture; preparation of policy 
reviews in agriculture, including State support,  and providing recommendations on improving the 
effectiveness of State support in the EAEU; coordination of joint scientific and innovative activities 
in agriculture; and, promotion of a level playing field for competition between the member  States 
in agriculture . 
3.5.2   Industry  
3.135.   The Unions' overall principles for the industrial sector are in Section XXIV ("Industry") of 
the Treaty and its Annex 27 –"Protocol on Industrial Cooperation". These principles foresee EAEU 
policies on industrial cooperation and coordinat ion, the identification of sensitive goods and of WT/R EG358/1  
 
- 51 - 
 
  priority economic sectors .55 In accordance with the Treaty, the "Main Directions of Industrial 
Cooperation" were adopted by the Eurasian Intergovernmental Council Decision No 9 of 8 
September 20 15.56 "Main di rections to coordinate the national industrial policies of the Republic of 
Belarus, the Republic of Kazakhstan and the Russian Federation" were in turn adopted by the 
Supreme Council Decision No 40/13.  
3.136.   According to the  "Main Directions of Industrial Coope ration"  within the EAEU , the strategic 
goal of cooperation in this field is  established for a five -year period ; they involve creating 
conditions for the transition to high -tech industries with high labour productivity and added value . 
The instruments adopted include the Eurasian Technology Platforms, the Eurasian Subcontracting 
Network and the Eurasian Technology Transfer Network. The high priority econom ic sectors  include  
inter alia  agricultural machinery, light industry, metallurgy , manufa cture of machinery and 
equipment  and production of construction materials , etc.57 
3.137.   The development of legal instruments that implement EAEU cooperation and coordination 
of industrial policy is work in progress; economic s ectors are progressively subject to EAEU 
regulations  aimed at the development of the "EAEU industrial policy ". 
3.5.2.1   Pharmaceutical and medical goods  
3.138.   Articles 30  and 31 , as well as Article 100,  originally foresaw the establishment  as of 1 
January 2016 of common market s for pharmaceuticals  and med ical goods  (healthcare products 
and medical devices) . These involve  the development of  common r ules on legal requirements and 
rules for the ir circulation ; quality, effectiveness and safety ; domestic legislation on the control and 
supervision of their circulation;  licensing and enforcement of drugs circulation via relevant 
competent authorities of the member States; approaches for the establishment of a system of 
safety of medical goods; an d identical or comparable methods of research and monitoring in the 
assessment of the quality, ef fectiveness and safety of drugs.  
3.139.   The EAEU 's Agreement on Common Principles and Rules for the Circulation of Medicines, as 
well as the Agreement on Common Principles and Rules for the Circulation of Medical Devices 
(Medical Products and Medical Equipment) , ratified on 26 April 2016, required the adoption of 24 
and 11 acts, respectively . Following their adoption, all instruments entered into force and on 6 May 
2017 single market s for circulation of both medicines and medical devices  started to  operate.  Both 
Agreements provided for the introduction of transitional periods. National market s of medicines 
and medical products will continue to operate  until 31 December 2021 , in parallel to the single 
market ; at the choice of produc ers, products can be registered according to  either  the single 
market or the national rules. At the same time, the circulation of medicines registered under 
national rules will be terminated  from 31 December 2025, while for medical products the EAEU 
regist ration is required as of 1  January 2022 . 
4  PROVISIONS ON TRADE IN SERVICES  AND INVESTMENT  
4.1.  The EAEU aims at progressively achieving a single services market between its member 
States. The m ember States maintain their autonomy on trade in services and investment with 
third parties.  
4.1  Scope and definitions  
4.2.  Several sections and Annexes of the EAEU Treaty contain disciplines on trade in services and 
investment, with the general regulation set forth in its Section XV - Trade in Services, 
Establishment, Ac tivities and Investments - and elaborated in the Protocol on Trade in Services, 
Establishment, Activities and Investments (Annex 16 to the Treaty, hereafter the "Services and 
Investment Protocol"). Supplement 1 to the Services and Investment Protocol (Elec tric 
                                                
55 Additional information can be found at the official publication "  EAEU Industrial Policy: From Its 
Creation to the First Results", http://www.eurasiancommission.org/ru/Docum ents/Industrial_eng.pdf  
56 See: 
http://www.eurasiancommission.org/ru/act/prom_i_agroprom/SiteAssets/%D0%B1%D1%80%D0%BE%D1%8
8%D1%8E%D1%80%D0%B0%20%D0%B0%D0%BD%D0%B3%D0%BB%20OK%20NEW.pdf  
57 The full list of high priority economic sectors is reproduced in Annex 1 to the publication referred in 
the footnote supra.  WT/REG358/1  
 
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  Communication/ Telecommunication Services),58 Sections XVI of the Treaty on Financial Services  
and Annex 17  to the Treaty , XX on Energy and XXI on Transport, as well as respective Annexes to 
the Treaty , provide rules for trade in specific services sectors. Article 65.3 of the Treaty establishes 
that Section XV provisions apply to sector -specific services to the extent they are not inconsistent 
with provisions of the sector -specific sections.  
4.3.  The Services and Investment Protocol is divided into seven sec tions: General Provisions; 
Definitions; Transfers and Payments; Restrictions on Transfers and Payments; State Enterprises; 
Trade in Services and E stablishment; and Investment. It also contains two supplements, on Trade 
in Telecommunication Services and on member States' Schedules of Horizontal Limitations.  
4.4.  The EAEU establishes a common market for labour, which is fully liberalized except as listed 
in Annexes to the Services and Investment Protocol. Common market s are also being developed 
for ener gy - including electricity, gas and  petroleum  – and transport services (see Section s 4.6.3 
and 4.6.4 ).  
4.5.  The following definitions are included in paragraph 6 of the Services and Investment Protocol 
(respectively paragraphs 6.7, 6.10, 6.24 and 6.27) : 
a. "investment s" are "tangible and intangible assets, invested by the investor of one 
member State in objects of business activities in the territory of another member State 
in accordance with the legislation of the latter, in particular: (i) monetary assets 
(money), se curities, other property; (ii) right to carry out business activity, conferred by 
the legislation of the member States or under contract; and (iii) property and other 
rights, having monetary value";  
b. a "person of a member State" is "any natural or juridical  person of a member State";  
c. "establishment" is wider than GATS mode 3 as it also covers establishment for the 
production of goods and the acquisition of control over a juridical person of a member 
State and registration as an individual entrepreneur (beyon d all of the elements of GATS 
mode 3); and  
d. "juridical person of a member State" is "an entity of any legal  form, created or 
established in the territory of a member State in accordance with the legislation of this 
member State".  
4.6.  The Services and Investment  Protocol is applicable to all four GATS modes of supply 
(paragraph 6.22).  
4.7.  All investments, in services but also goods, by investors of a member State in the territory of 
another member State since 16 December 1991 are covered by the EAEU Treaty disciplin es. 
Disciplines on investment -related issues beyond establishment – e.g. entry, national and MFN 
treatment - are provided for in Section VII on Investment.  
4.8.  The following are carved out from the scope of the Treaty:  
a. air traffic rights or measures affecting services directly related to the exercise of air 
traffic rights (except aircraft repair and maintenance services, the selling and marketing 
of air transport services and computer reservation system services) - paragraph 4 of  the 
Services and Investment Pro tocol; and  
b. government procurement and services supplied in the exercise of governmental 
authority (Article 65:2 of the Treaty).  
                                                
58 The translated version of the EAEU Treaty submitted to the WTO refers to "Electric Communication"; 
however, in this Factual Presentation, the term of "Telecommunications" has been used instead.  WT/R EG358/1  
 
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  4.2  Denial of benefits  
4.9.  A member State may refuse to extend the benefits of Section XV of the Treaty in respect of 
services, establi shment, activities and investment to any natural or juridical person of another 
member State if it is established that the juridical person:  
a. has no substantial business activities in the territory of that other member State and is 
owned or controlled by a person of the first member State or of a third party (Article 
65:10 of the Treaty); or  
b. is owned or controlled by a person of a third party against which the member State 
maintains prohibitions or restrictions  (in relation to trade in services, establishmen t, 
activities and investment) , and the extension of these benefits would result in their 
circumvention or infringement (Article 65:9 of the Treaty).  
4.3  General provisions on trade in services and investment  
4.10.   The EAEU single services market will be established progressively, on the basis of the EAEU 
Treaty disciplines and Supreme Council decisions providing for a positive list of sectors/sub -sectors 
fully opened to all parties; reservations by individual EAEU member  States  in sectors/sub -sectors 
covered by the T reaty; and plans for removing existing reservations,  including the procedures and 
stages of single market formation within the sectors in question.  
4.11.   In sectors/sub -sectors that are not covered by the single services market, member States 
are allowed to main tain reservations on national and MFN treatment as well as on measures 
otherwise incompatible w ith the prohibition on performance requirements, market access 
restrictions and limitations on the movement of natural persons. All such reservations and 
measure s must be scheduled in either national lists of limitation s, reservations, additional 
requirements and conditions ( hereafter, " Schedules of Additional Limitations ") or of horizontal 
restrict ions (the latter is included in Annex 2 to the EAEU's Services and  Investment Protocol ).  
4.12.   Member States maintain their autonomy on trade in services and investment with third 
parties (Section 6 of the Services and Investment Protocol); no supranational EAEU competence is 
established (Article 38), though coordination is f oreseen.  Member States may inter alia  conclude 
economic integration agreements (EIAs) with third parties, provided such agreements meet the 
criteria prescribed by paragraph 46 of the Services and Investment Protocol – which are similar to 
those of GATS Article V.  
4.3.1   Market access  
4.13.   Section 3 of th e Services and Investment Protocol provides disciplines regarding services - 
and investment -related QRs as well as trade -related investment measures (TRIMs) . 
4.14.   The following market access restrictions cannot be applied towards juridical person s of other  
membe r State s59 in relation to trade in services, establishment and activities  (paragraph 30 of the 
Services and Investment Protocol):  
a. QRs60 on the number of service suppliers , as well as on any of their activities;  
b. limitations on the number of established, created, acquired and controlled juridical 
persons, branches and representative offices, registered individual entrepreneurs, as 
well as on any of their activities;  
c. restrictions on the form of institutions, including the legal form of a juridical person;  
                                                
59 The translated version of the EAEU  Treaty submitted to the WTO refers sometimes to ""entity(ies)". 
EAEU member States have informed the Secretariat that in the Russian language, the term "juridical 
person(s)" is applied throughout the text of Annex 16 to the EAEU Treaty. Therefore, in this  Factual 
Presentation, the term "entities" shall be read as a synonym to "juridical persons".  
60 In the context of paragraph 30, the prohibition on QRs applies to limitations in terms of a numerical 
quota, an economic needs test or any other quantitative f orm. WT/REG358/1  
 
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  d. restrictions on equity participation or on the degree of control over a juridical person ; 
and 
e. limitations on the total number of natural persons that may be employed in a particular 
service sector or by a service supplier who is necessary for, and directly  related to, the 
supply of a service.  
4.15.   A member State may however apply the measures mentioned above on the condition that 
they are listed in its Schedule of Additional Limitations or of Horizontal Limitations.  
4.3.2   National and MFN treatment  
4.16.   National treatment disciplines are embodied in paragraphs 21 -26 of the Services and 
Investment Protocol. They require each member State to provide , in respect of : 
a. all measures affecting trade in services by any other member State, service suppliers 
and service consumers; and   
b. establishment and activities of any other member State's natural or juridical persons,  
treatment no less favourable than it accords in like circumstances to its own like services, service 
suppliers, service consumers and persons, respectively.  
 
4.17.   A member  State may meet these requirements by according to other member States ' 
services, service suppliers, service consumers and persons, either formally identical or formally 
different treatment compared to that it accords to its own like services, service supp liers, service 
consumers and persons, respectively. Formally identical or formally different treatment is 
considered to be less favourable if it modifies the conditions of competition in favour of a member 
State's services, service suppliers, service consu mers and persons, respectively, compared to 
those of another member State.  
4.18.   MFN obligations are contained in paragraphs 27 -29 of the Services and Investment Protocol. 
Each member State shall accord to services, service suppliers, service consumers of any ot her 
member State; and natural or juridical persons of any other member State and persons 
established by them, in relation to its establishment and activities, treatment no less favourable 
than it accords in like circumstances to those of any third party.  
4.19.    National treatment also applies to persons of another member State in the context of 
privatization (Section V on "State Privatization" of the Services and Investment Protocol, 
paragraphs 15), subject to the exceptions indicated in paragraph 4.21.   below .  
4.20.   Another MFN clause exists which extends to all EAEU member States any more favourable 
treatment granted to any third party in the context of EIAs (paragraph 45  of the Services and 
Investment Protocol).  
4.21.   National treatment and MFN exceptions are authorized, provided they are listed in the 
member States' Schedules of Additional Limitations or of Horizontal Limitations . 
4.22.   As regards investments and investment -related activities by investors from other member 
States, national and MFN treatment clauses, mutatis mutandis , are provided for in paragraphs 69-
70 of the Services and Investment Protocol. At the choice of the investor, the national treatment 
or the MFN treatment  shall be provided by the member State , depending on wh ich treatment is 
more favourable  (paragraph 71) . Exceptions are also possible, in accordance with national 
legislation. Contrary to what is the case in services, new exceptions to national treatment ma y be 
introduced at any time (paragraph 73).   
4.3.3   Commercial presence  
4.23.   Paragraph 38 of the Services and Investment Protocol states that when a single services 
market is in operation in a specific sector, each member State shall allow persons of any other 
member State to supply services without requiring establishment in the form of a juridical person.  WT/R EG358/1  
 
- 55 - 
 
  4.3.4   Movement of natural persons  
4.24.   The EAEU Treaty provides for the free movement of personnel (mode 4), subject to  member 
States' Schedules of Additional Limitations or of Horizontal Limitations (paragraphs 35 -37 of the 
Services and Investment Protocol) and to disciplines in Section XXVI of the EAEU Treaty on 
"Labour Migration". These disciplines regulate the entry, exit, stay and employment of natural 
persons.  
4.25.   No member State may apply or adopt limitations on the employment of personnel in 
established, acquired or controlled juridical persons , branch, representative office or registered 
individual entrepreneur. Member States are free to apply requirements relating to educ ation, 
experience, qualifications and business qualities of employees, as long as such requirements do 
not discriminate on the basis of nationality.  
4.26.   More specifically (Articles 97 and 98 of the EAEU Treaty):  
a. services suppliers are free to employ workers from other member States without 
restrictions, except as provided for in national exceptions lists , as well as  for reasons of 
national security (including sectors of strategic economic importance ) and public order, 
in accordance with member States' legisla tion; 
b. member States' workers have the right to be employed without the need to obtain a 
work permit and to be accompanied by their family members – where the right of stay of 
the worker and family members is linked to the labo ur contract. They are also free to 
own, use and dispose of their property and to freely transfer their funds.  
4.27.   Mode 4 commitments and limitations of EAEU member States are addressed in the relevant 
Sub-sections of Section 4.4   
4.3.5   Performance requirements  
4.28.   The establishment or the operation of activities in a member State by a person of another 
member State or by persons established by them cannot be made conditional on the fulfilm ent of 
performance requirements that take the form of local content, trade -balancing, exchange 
balancing, export requirements and requirements relating to transfer technology, know -how and 
other information of commercial value, except when such transfers a re required pursuant to a 
court judgment or a decision of a competition authority (paragraph 32 of the Services and 
Investment Protocol).  
4.29.   A member State may nevertheless apply any of the mentioned measures provided they are 
listed in its Schedule s of Horiz ontal Limitations or of Additional Limitations.  
4.3.6   State enterprises and monopolies  
4.30.   Section V of the Services and Investment Protocol on "State Participation " requires each 
member State that controls or participates in the equity of a legal entity that operat es within its 
territory to ensure that, with respect to matters covered by the Services and Investment Protocol, 
such legal entity operates on the basis of commercial considerations and in a non -discriminatory 
manner towards other market participants. The same rule applies to legal entities that are granted 
exclusive or special privileges, with the exception of natural monopolies. Reservations to this 
obligation may be specified in the Schedules of Additional  Limitations  or of Horizontal Limitations. 
This obligation does not apply to the extent the mentioned legal entities are entrusted with 
pursuing social policy objectives of a member State.  
4.31.   With respect to legal entities constituting natural monopolies, member States shall e nsure 
that these entities do not abuse their monopoly positions by acting within the territory of the other 
member State in a manner inconsistent with their obligations under the Services and Investment 
Protocol.  
4.32.   Section XIX of the EAEU Treaty on Natural M onopolies - which includes Article 78 ("Sectors 
and Natural Monopoly Entities") and Protocol 20 ("Protocol on Single Principles and Rules for WT/REG358/1  
 
- 56 - 
 
  Regulation of Activity of the Natural Monopoly 's Subjects) – contain s EAEU disciplines on natural 
monopolies. The aim of these instruments is to ensure that member States' natural monopolies, 
which are listed in Appendixes 1 and 2 to Annex 20, promote fair competition among companies 
while protecting consumers' rights and legitimate interests.  
4.33.   Natural monopoly discipl ines (a) provide the principles for the regulation of their activities; 
(b) list the authorized regulatory measures, including in particular regulated tariffs; (c) establish 
rules for ensuring access to services of entities that are natural monopolies; and  (d) establish the 
competence of the Commission and of national bodies vis-à-vis natural monopolies. Harmonization 
of sectors with natural monopolies is encouraged through a reduction of their numbers and 
possible identification of a transition period , as foreseen in Sections XX and XXI  of the EAEU Treaty  
(see Section 4.6). However, member State s' natural monopolies may be expanded , in accordance 
with paragraph 7 of Article 78. While relations regulated by existing bilateral agreements between 
member States  are grandfathered, their reconduction is subject to the EAEU's disciplines. EAEU 
rules on competition apply to natural monopolies taking into account the specific disciplines 
relating to natural monopolies.  
4.34.   The following natural monopolies are listed in t he Appendi ces:  
a. in all member States: transportation of oil and oil products through trunk pipelines; 
transportation and distribution of gas through trunk pipelines; transfer and distribution 
of electrical energy; rail transport services; services in trans port terminals, ports and 
airports; water supply and sanitation;  
b. in Belarus and the Russian Federation:  public telecommunication and postal services;  
c. in Kazakhstan and the Russian Federation: services on dispatching management in the 
electrical power indu stry;  
d. in Kazakhstan, rail transport services under concession Agreements and entry line 
(approach route) services; and  
e. in the Russian Federation, internal waterways transport services and icebreaker 
assistance in waters of the Northern Sea Route.  
4.35.   Tariffs for services supplied by natural monopolies are regulated by national authorities in 
accordance with national legislation ( paragraph 19 of Annex 20 and paragraph 11 of Annex 21 to 
the EAEU Treaty ).  
4.4  Liberalization commitments and the Single Market  
4.36.   A standstill clause is included in Article 66 of the Treaty, whereby member States agree not 
to adopt new discriminatory measures from the date of entry into force of the Treaty. The 
standstill disciplines do not apply to national treatment for investment (paragraph 73 of the 
Services and Investment Protocol). The restrictive measures in force as of 29 May 2014 are 
therefore bound (see paragraph 4.39.   below ). However , new restrictive measures may be 
adopted in certain specific sectors if the Schedules of Additional Limitations provide for the 
possibility of future restrictive measures being taken ; these exist for the three member States for 
a limited number of sectors.61  
4.37.   Taken together, the EAEU provisions on services and investments provide as follows:  
a. a "negative  list" approach, which means that national treatment, MFN treatment and 
prohibition of  quantitative and investment measures are applie d in accordance with the 
EAEU Treaty in respect of trade in services , establishment, activities and investments ; 
non-conforming measures are only allowed to the extent they are included in their 
Schedules of Additional Limitations or of Horizontal Limitations; and 
                                                
61 Limitations 27 and 28 for Belarus; limitations 7, 25 -26, 28 -30 for Kazakhstan; and limitations 5 -6, 
31-35 for the Russian Federation.  WT/R EG358/1  
 
- 57 - 
 
  b. a "positive list" of sectors in which a single market i s in force . The single market for 
services  will function on a reciprocal basis, through phased liberalisation of trade in 
services and investments and the gradual elimination of restrictions and reservations 
(paragraph 41 of the Services and Investment Protocol).  
4.38.   A single market in a given service s sector encompasses the following among EAEU service 
suppliers (paragraph 38 of the Services and Investment Protocol):  
a. national and MFN treatment, as well as a prohibition on market access restrictions and 
performance requirements;  
b. supply of services wit hout requiring the establishment of a legal entity;  
c. authorization to supply services on the basis of mutual recognition of permit s;  
d. recognition of the professional qualifications of its personnel; but  
e. these remain subject to national Schedules of Horizont al Limitations.  
Thus, in general terms,  single market treatment implies significantly greater  liberalization as 
compared to treatment provided to service suppliers in accordance with commitments generally 
undertaken within the WTO.  
4.39.   Against the framework pr ovided by the Treaty and the Services and Investment Protocol, as 
of December 2017, services commitments have evolved as follows:  
a. immediate – i.e. 1 January 2015 - creation of a single market for 43 services 
sectors/sub -sectors in at least two member Stat es, as follows (Supreme Council Decision 
No 110/14):62  
i. in 23 services sectors, a single services market is in force in all member States (e.g. 
services related to agriculture, rental services of machinery and equipment 
without  operators , consulting services in management, software development 
services) ; 
ii. in six services sectors, a single services market is in force between Belarus and the 
Russian Federation (including services in wholesale and retail trade, franchising 
services, hotel and catering ser vices) . For Kazakhstan , the single market  entered 
into force on 1 January 2016;  
iii. in six services sectors, a single services market is in place only among Belarus and 
the Russian Federation (all corresponding to auxiliary transport services ); and  
iv. in eight s ervices sectors, a single services market is in force between Belarus and the 
Russian Federation (e.g. construction and engineering services) . For Kazakhstan, the 
single market  will enter into force in 2024, in accordance with the transition periods 
provided for under the liberalization plans.  
b. formation of a single market for services for 21 services sectors/sub -sectors within a 
transition period (Supreme Council Decision No 30/15):63 
                                                
62 Decision "On Approval of a List of Services Sectors (Subsectors) of Functioning of the Single Services 
Market of the Eurasian Economic Union ". According to the Parties, these 43 services sectors /sub-sectors 
represent almost 50% of the overall volume of services provided within the EAEU member States , 
https://docs.eaeunion.org/docs/ru -ru/0137051/scd_25122014_110  (in Russian).  
63 Decision "On the approval of the list of sectors (sub -sectors) of services upon which the formation of 
a single services market within the framework of the Eurasian Ec onomic Union will be carried out in accordance 
with the plans of liberalization (during the transitional period)",  
https://docs.eaeunion.org/docs/ru -ru/0138767/scd_19102015_30  (in Russian).  WT/REG358/1  
 
- 58 - 
 
  i. progressive liberalization , with exemptions l isted in the  national Schedules of 
Horizontal Limitations (Annex 2 to the Services and Investment Protocol ). These lists 
reflect the conditions of mutual access in force on 29 May 2014;  and 
ii. the transition period, plan and schedule for the formation of a si ngle market for 20 - 
out of 21 - services sectors/sub -sectors are specified in the Supreme Council's 
Decisions Nos 22/16 and 23/16.64 
c. for those sectors in which  the single services market is not in operation, both national 
and MFN treatment apply. Besides, quantitative and investment restrictions cannot be 
applied;  
d. financial services are subject to specific disciplines, and have been subject to  
liberalization in accordance with Annex 17.  
4.40.   The sub -sections below provide an overview of the services liberalizati on commitments 
under the EAEU . They identify, for each Party that is a WTO Member, the main differences, by 
sector, between their respective GATS schedules and the EAEU sector -specific commitments. The 
tables disregard MFN and horizontal limitations, as well as M ode 4 commitments/limitations.  
Sectors and sub -sectors for which the operation of a single market  is foreseen, as well as their 
date of their entry into force in accordance with liberalization plans  and the Supreme Council 
Decisions , are presented  in Annex 10 . 
4.4.1   Kazakhstan  
4.4.1.1   Horizontal reservations  
4.41.   Under the GATS, Kazakhstan has scheduled horizontal limitations on national treatment 
regarding (i) subsidies and/or state support for socially and economically disadvantaged groups of 
people and regions, research and development activities, and development of national culture and 
history; and (ii) services related to sub surface  operations65. Horizontal market access and national 
treatment limitations on modes 3 -4 apply for land ownership. Commercial presenc e is allowed in 
the form of either juridical persons of Kazakhstan, or branch and/or representative offices 
established in Kazakhstan.  
4.42.   Under the EAEU, Kazakhstan's reservations regarding subsoil use operations are identical to 
those under the WTO.66 Furthe r, in accordance with conditions described during its WTO accession 
and in light of the EAEU negative approach to scheduling, Kazakhstan also lists reservations for 
activities related to the use of strategic resources, activities within the continental she lf and usage 
of wildlife  and the  selection procedure for concessionaire s. Land ownership reservations - for 
agricultural and forestry -related production and land located within border areas - apply on the 
same terms and conditions as under the GATS.  
4.43.   Under the GATS, Kazakhstan scheduled MFN exemptions in all sectors/sub -sectors with 
respect to investment activities and the entry/presence of natural persons ; GATS horizontal 
limitations on mode 467 have been lifted under the EAEU. MFN exemptions were also grant ed to 
some communication and educational services and all types of transport services. Under the EAEU, 
MFN exemptions are granted to financial services, natural monopolies, energy, transport and 
                                                
64 Decisions "On the approval of liberalization plans for service sectors, specified in the Decision of the 
Supreme Council of October 16, 2015, No. 30", https://do cs.eaeunion.org/docs/ru -
ru/01315046/scd_11042017_22  and https://docs.eaeunion.org/docs/ru -ru/01315047/scd_11042017_23  (in 
Russian).  
65 Requirement s include: (i)  50% of services pr ovided by juridical persons of Kazakhstan;  (ii) 20% 
reduction in price for any bid submitted by a juridical person of Kazakhstan where at least 75% of employees 
are citizens of Kazakhstan (for the first six years) and at least 50% of employees are citizens  of Kazakhstan  
(after the first six-years). 
66 The term "subsurface" is used in the WTO Schedule of commitments, while in the EAEU the term used 
is "subsoil".  
67 Under the GATS they are lifted in case of ICT of executives, managers and specialists , provided they 
do not represent more than 50% of the workers and for a maximum duration of four years ; and for business 
visitors  for 90 days.  WT/R EG358/1  
 
- 59 - 
 
  broadcasting and other similar forms of transmission of audio visual works, television and radio 
programmes.  
4.4.1.2   Sectoral commitments  
4.44.   In its GATS schedule, Kazakhstan made specific commitments in 10 services sectors  out of 
12; compared to it, Kazakhstan's l iberalization under the EAEU  goes further  - in particular with a 
single market operating in  various sub -sectors  and full liberalization in others.  
4.45.   Table 4.1 summarizes Kazakhstan's services commitments under the EAEU in comparison 
with its GATS commitments , excluding mode 4 and horizontal limitations . Additional details can be 
found in Annex 10 a nd the Decisions themselves.  The column relating to liberalization under the 
EAEU indicates whether a single market is/will be in operation, as well as the extent of 
liberalization taking place in sectors not covered by the single market.   
4.46.   Kazakhstan's Sch edule of Additional Limitations require s, for any type of activity that 
requires licensing , that services suppliers from other member States establish a legal entity  in its 
territory ; national treatment and market access limitations may also apply .68 These are to be lifted 
when a single market is/will be in force; if that is not the case, they may limit access from other 
EAEU member States and will be reflected in the table below and referred to in the relevant 
paragraphs.  
Table 4.1 Kazakhstan: Comparison between the GATS and EAEU liberalization 
commitments (excluding mode 4 and horizontal limitations)  
Sectors and Sub -sectors  GATS  Intra -EAEU liberalization  
Compared 
to the GATS  Under the EAEUa 
1. Business Services        
A. Professional Services  Partial  Improved  SM* (2015; 
2024) /Partial  
B. Computer and Related Services  Full Improved  SM (2015)  
C. Research and Development Services  Partial  Improved  SM* (2020) /Full 
D. Real Estate Services  --- New SM (2020)  
E. Rental/Leasing Services without Operators  Full Improved  SM* (2015; 2019) /Full 
F. Other Business Services  Partial  Improved  SM* (2015; 2024) / 
Partial  
2. Communication Services       
A. Postal Services  --- New Partial  
B. Courier Services  Partial  Improved  Full 
C. Telecommunication Services  Partial  Improved  Partial  
D. Audiovisual Services  Partial  Improved  SM* (2016; 2019) / 
Partial  
E. Other  --- New Full 
3. Construction and Related Engineering Services        
A. General Construction Work for Building  Partial  Improved  SM* (2024) /Full 
B. General Construction work for Civil Engineering  Partial  Improved  SM (2024)  
C. Installation and Assembly Work  Partial  Improved  SM* (2024) /Full 
D. Building Completion and Finishing Work  Partial  Improved  SM* (2024) /Full 
E. Other  Partial  Improved  Full (2024)  
4. Distribution Services        
A. Commission Agents' Services  Partial  Improved  SM (2016)  
B. Wholesale Trade Services  Partial  Improved  SM* (2016)  
C. Retailing Services  Partial  Improved  SM* (2016)  
D. Franchising  Partial  Improved  SM (2016)  
E. Other  --- New Full 
5. Educational Services        
A. Primary Education Services  --- New Partial  
                                                
68 Limitation 2 of the  Schedule . More information on activities that require licensing is available at Law 
of the Republic of  Kazakhstan No 202-V 3PK "On Permissions and Notifications" as of 19 May 2014.  WT/REG358/1  
 
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  Sectors and Sub -sectors  GATS  Intra -EAEU liberalization  
Compared 
to the GATS  Under the EAEUa 
B. Secondary Education Services  --- New Partial  
C. Higher Education Services  Partial  Improved  Partial  
D. Adult Education  Partial  Improved  Partial  
E. Other Education Services  Partial  Improved  Partial  
6. Environmental Services        
A. Sewage Services  Partial  Improved  Partial  
B. Refuse Disposal Services  Partial  Improved  Partial  
C. Sanitation and Similar Services  Partial  Improved  Partial  
D. Other  Partial  Improved  Partial  
7. Financial Services        
A. All Insurance and Insurance -related Services  Partial  Improved  SM (2025) 
B. Banking and Other Financial Services (excluding 
insurance)  Partial  Improved  SM (2025) 
C. Other  --- New Full 
8. Health Related and Social Services        
A. Hospital Services  --- New Full 
B. Other Human Health Services  --- New Full 
C. Social Services  --- New Full 
D. Other  --- New Full 
9. Tourism and Travel Related Services        
A. Hotels and Restaurants (including catering)  Partial  Improved  SM (2016)  
B. Travel Agencies and Tour Operators Services  Partial  Improved  SM (2019)  
C. Tourist Guides Services  --- New Full 
D. Other  --- New Full 
10. Recreational, Cultural and Sporting Services        
A. Entertainment Services (including theatre, live bands 
and circus services)  Full Improved  SM (2015)  
B. News Agency Services  Partial  Similar  Partial  
C. Libraries, archives, museums and other cultural 
services  --- New Full 
D. Sporting and Other Recreational Services  --- New SM* (2015) /Partial  
E. Other  --- New Full 
11. Transport Services        
A. Maritime Transport Services  Partial  Improved  SM (2025)  
B. Internal Waterways Transport  Partial  Similar  Partial  
C. Air Transport Services  Partial  Similar  Partial  
D. Space Transport  --- New Partial  
E. Rail Transport Services  Partial  Improved   SM (2025)  
F. Road Transport Services  Partial  Improved  SM (2025)  
G. Pipeline Transport  --- Similar  --- 
H. Services Auxiliary to All Modes of Transport  Partial  Improved   Full 
I. Other Transport Services  --- New Full 
12. Other Services not Included Elsewhere  --- New Full 
General Note:  MFN and Horizontal limitations, as well as Mode 4 commitments/limitations  not 
considered. Under the EAEU, services are classified according to CPC (based on Version 1) 
which was further transferred into CPC Provisional and MTN.GNS/W/120 using the UN 
reference table available at : 
https://unstats.un.org/unsd/publication/SeriesM/SeriesM_77ver1_1E.pdf  
a  The years in brackets indicate the starting year (any time in the year) of the functioning of a 
single services market in a specific sector/sub -sector; two years indicate that the sub -sectors 
involved have different final liberalization deadlines.  If there are sub -sectors not covered by a 
single market, liberalization is also indicated.  
SM:  Single services market in operation.  
SM*:  Single services market in operation in at least one of the sub -sectors  
Full:   For sub -sectors where no SM is in operation, the s pecific commitments are not subject to 
limitation(s) under any of the three modes.  
Improved:  Overall improved commitments made u nder the EAEU compared to those under the GATS.  WT/R EG358/1  
 
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  New:  New commitments under the EAEU (full or partial, with or without limitations) which can be seen 
as "improved".  
Partial:   For sub -sectors where no SM is in operation, the s pecific commitments are subject to some 
limitation(s) under any of the three modes.  
---:   For GATS - no commitments, for EAEU - no project/liberalization plan is in place as of end -2017.  
Similar:   Similar commitments (EAEU vs GATS); though possibly, in individual cases, with lim ited 
improvements and/or limited additional reservations.  
Source:  WTO document GATS/SC/154; Decisions of the Supreme Council Nos 110/14, 111/14, 112/14, 
17/15, 30/15, 31/15, 22/16 and 23/16; Annex 17 and its Supplement s. 
 
4.47.   The following sectors /sub-sectors,  for which there are no GATS commitments , have been 
fully liberalized under the EAEU: all health related and social services ; other services n ot indicated 
elsewhere ; tourist guide services  and "other services" under communication, distribution, financial, 
tourism and travel, recreational, cultural and sporting s ervices . Regarding the latter, a single 
market  was established for hotels and restaurants in 2016 (except the sale of alcohol within 
catering) as well as travel agencies and tour operators  in 2019 .  
4.48.   Business services liberalization has been largely improved as compared to that under the 
GATS, in particular with full liberalization of mode 4. Besides, in certain sectors/sub -sectors – 
including computer and related services, real estate services, rent a nd lease of vessels without 
operators – the single market is established within the EAEU. With respect to professional services, 
Kazakhstan improved its GATS commitments. For s ome sub -sectors  partially covered under the 
GATS, a sing le market was in operation as of  2015; for others – e.g. auditing, accounting , real 
estate  (not committed under the GATS), engineering services  – the single market will operate 
during the 2020 -2024 period . Legal services  remain subject to nationality , establishment and 
licensing requirement s as well as  mode 4 reservations.  The supply of medical and veterinary 
services also remains  subject to licences. Mode 4 reservations , generally combined with nationality 
requirements , have also been scheduled for forensic experts. In R& D, Kazakhstan has extended its 
GATS commitments to also cover R&D in natural sciences.  Under other business services, a single 
market was in operation in 2015  for general management, financial management except for 
business tax, marketing management , human  resources management , building -cleaning services 
and translation and interpretation .  
4.49.   In communication services, various activities are subject to licensing. Commitments in 
audiovisual services, partially liberal ized under the GATS, have been improved und er the EAEU, 
with, in particular , a single market  as of 2016 for sound recording , and as of 2019 for motion 
picture projection services and production and distribution of films and videos. Ownership  and 
management of mass media is however reserved to nationals and a maximum foreign equity of 
20% applies . Also on audiovisual Kazakhstan has reserved the right to provide subsides for 
production/distribution of programmes and to apply any measures related to broadcasting  or other 
types of trans mission. In postal  services, not committed under the GATS, Kazakhstan has reserved 
the right to apply limitations in modes 1 and 2; full liberalization applies in mode s 3 and 4. On 
telecommunication services , Kazakhstan has reserved  the right to apply limi tations on modes 1 
and 2 as regards local communication and radio services (including satellite communication but 
excluding, under certain conditions, foreign satellite operators).69 Courier services have been fully 
liberalized.  
4.50.   As regards  construction and related engineering services, only partially liberalized under the 
GATS, Kazakhstan will join the EAEU single market by 1 January 2025, at the latest. A s regards 
hazardous and complex objects and heritage objects , no sing le market is forese en but fu ll 
liberalization of modes 1 -4 was in place  as of the EAEU's entry into force . 
4.51.   Under distribution services, Kazakhstan improved its GATS commitments by joining the 
EAEU single markets as of 2016 for commission agents and franchising services as we ll as 
wholesale and retail trade services – though, for the latter two sub -sectors, the sale of certain 
products remain restricted (the same as for the Russian Federation, see footnote c of the Table in 
Annex 10; these include e.g. arms and ammunition, nar cotics, alcohol ).  
                                                
69 A foreign equity limitation included in the List of limitations has been lifted.  WT/REG358/1  
 
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  4.52.   Under the GATS  there are only partial commitments in  educational services . Under the 
EAEU,  the sector is partially  liberalized  - educational institutions need to establish a juridical 
person of Kazakhstan  and licensing is also required,  except for private education.   
4.53.   On environmental services, GATS commitments only appl y with respect to services 
contracted by private companies. Under the EAEU , this limitation is lifted but  sectoral liberalization 
of housing and public utility services, w ater consumption and supply  is subject to nationality and 
establishment  requirements, as well as possible numerical limitation o n services  suppliers.  In 
addition, when related to nuclear energy and nuclear waste disposal, limitations apply - in 
particular these are reserved to national s of Kazakhstan and l icensing is require d. 
4.54.   At the entry into force of the EAEU, liberalization of financial services was similar to that 
under the GATS.  However, as explained in Section 4.6.2, the EAEU  provides for  a gradua l 
reduc tion of financial services  limitations (all listed in In Appendixes to Annex 17 ) as well as  a 
coordinated policy for financial markets with the purpose of establish ing a single market by 2025. 
Thus, EAEU financial services suppliers will gradually ben efit from  an improved, more liberalized  
situation as compared to those from non-party WTO Members . 
4.55.   Compared to the GATS, liberalization of recreational, cultural and sporting services  is 
improved. Kazakhstan restrict s foreign participation in juridical persons providing media  services , 
and requires  the editor -in-chief of media  services to be a citizen . No other exemptio ns apply in  this 
service sector. Further, single services market s are in place for entertainment serv ices and the 
organization of sporting and other recreational activ ities - excluding gambling  - since 2015. 
Beyond the requirement of getting a licence, gambling -related services are fully liberalized . 
4.56.   Liberalization of t ransport services  is improved as compared to the GATS . At the entry into  
force of the EAEU , market access conditions for transport services for suppliers  from the EAEU and 
WTO members we re the same . An EAEU coordinated transport policy is being implemented  and by 
2025 existing barriers shall be removed  and a single services market is to be established for 
maritime, rail and road transport services  (see Section 4.6.4) . Beyond the requirement to get a 
license, space transport services are fully liberalized.  
4.57.   Investment in mini ng and hydrocarbons requires that 50% of services be procured from 
Kazakh entities, while investors can reduce by 20% the bid ding price towards a juridical person of 
Kazakhstan, on condition that 50% -75% of its workers are citizens of Kazakhstan.  Kazakhsta n has 
also reserved its right to apply non -conforming measures on nuclear energy , investments on 
refinement of precious metals and stone  handling.  
4.4.2   Russian Federation  
4.4.2.1   Horizontal reservations  
4.58.   Under the GATS, the Russian Federation has scheduled eight horizontal limitations – on 
subsidies and other forms of State support, land transactions, participation in privatization and 
companies to be privatized, types of commercial presence, public utilit ies, indigenous minorities 
and exiguous ethnic communities, production sharing agreements for the exploration, 
development and production of mineral raw materials, and presence of natural persons. These 
limitations refer to either market access and/or nati onal treatment.  
4.59.   Under the EAEU, the Russian Federation's  horizontal reservations  are listed  in its Schedule 
of Horizontal Limitations . The following reservations differ from those under the GATS:70 
a. national treatment limitations as regards production shari ng agreements appl y across 
the board, while under the GATS it only appli es to mineral raw materials.71 Such 
                                                
70 Similar to those under the GATS are the horizontal reservations on subsidies and other forms  of State 
support, agricultural land ownership, operations on land that is the traditional residence of indigenous 
population s and land located in border areas . 
71 At least 80% of all workers must be Russian citizens, and at least 70% of the total cost of the 
equipment acquired by investors must be of Russian origin. For activities in sectors of strategic importance, 
foreign investors must purchase at least 5% of sh ares comprising the authorized capital  WT/R EG358/1  
 
- 63 - 
 
  agreements concluded with other EAEU member States prior to 1 January 2012 are 
subject to different limitations;  
b. any non -conforming measure  as regard s activities in closed -administrative formations,72 
the continental shelf of the Russian Federation, the selection procedure of 
concessionaire s and activities of strategic importance for national defense and security;  
c. new national treatment limitations on wildlife usage in specific territories and on land 
ownership within the borders of seaports;  
d. GATS mode 4 horizontal limitations73 have been lifted; and  
e. GATS market access limitations on public utilities, as well as market access and national 
treatment limi tations on participation in privatization and on companies to be privatized 
have been replaced by disciplines in Section V on "State Participation".  
4.60.   Under the GATS, the Russian Federation scheduled MFN exemptions in all sectors/sub -
sectors with respect to investment measures and mode 4, on the basis of existing and future 
agreements. The other GATS MFN exemptions are applied to some communication and educational 
services, as well as to all types of transport services. Under the EAEU, the Russian Federation' s 
MFN exemptions are granted to financial services; activities related to natural monopolies, energy 
and transport; private detective and security activities; and broadcasting and other similar forms 
of transmission of audiovisual works, television and rad io programmes.  
4.4.2.2   Sectoral commitments  
4.61.   In its GATS schedule, the Russian Federation made specific commitments in all services 
sectors. Compared to the GATS, the Russian Federation's liberalization commitments u nder the 
EAEU are extended  – particularly, with regards to  the establishment of a single market  in various 
sectors/sub -sectors and full liberalization in others.  
4.62.   Table 4.2 summarizes the Russian Federation's services commitments under the EAEU in 
comparison with its GATS commitments , excluding mode 4 and horizontal limitations . Further 
details are available in Annex 10 and the Decisions themselves. The column relating to 
liberalization  under the EAEU indicates whether a single market is/will be established, as well as 
the extent of liberalization taking place in sectors not covered by the single market.  The Schedule 
of Additional Limitations of the Russian Federation require s, for any type of activity that requires 
licensing, that services suppliers from other member States establish a legal entity in its territory; 
national treatment and market access limitation s may also apply.74 These are to be lifted when a 
single market is/will be in force; if that is not the case, they may limit access from other EAEU 
member States and will be reflected in the table below and referred to in the relevant 
paragraphs.75 
Table 4.2 Russian Federation: Comparison between the GATS and EAEU liberalization 
commitments (excluding mode 4 and horizontal limitations)  
Sectors and Sub -sectors  GATS  Intra -EAEU liberalization  
Compared to 
the GATS  Under the EAEUa 
1. Business Services     
A. Professional Services  Partial  Improved  SM* (2015;  2022)/  
Partial  
                                                
72 "Closed-administrative formations " are territories  of a strategic nature, for example hosting atomic, 
metallurgical, chemical and military industries.  
73 GATS reservations are only lifted in case of intra -corporate t ransfers (ICT) for a period of three years 
with the possibility of extension and business visits for a maximum period of 90 days.  
74 Limitation 2 of the Schedule . More information on activities that require licensing is available at 
Federal law No 99-FZ "On  licensing of certain types of activity" as of 4 May 2011.  
75 The Russian Federation states that "Licensing requirements are the part of domestic regulation in 
accordance with the Article VI and they do not fall under market access limitations. Therefore th ey should not 
be reflected in the table below."  WT/REG358/1  
 
- 64 - 
 
  Sectors and Sub -sectors  GATS  Intra -EAEU liberalization  
Compared to 
the GATS  Under the EAEUa 
B. Computer and Related Services  Partial  Improved  SM (2015)  
C. Research and Development Services  Partial  Improved  SM* (2020) /Full 
D. Real  Estate Services  Partial  Improved  SM (2020)  
E. Rental/Leasing Services without Operators  Partial  Improved  SM* (2015;  2019)/  
Full 
F. Other Business Services  Partial  Improved  SM*(2015;  2019)/  
Partial  
2. Communication Services     
A. Postal Services  --- New Partial  
B. Courier Services  Partial  Improved  Full 
C. Telecommunication Services  Partial  Similar  Partial  
D. Audiovisual Services  Partial  Improved  SM* (2015; 2019) / 
Partial  
E. Other  --- New Full 
3. Construction and Related Engineering 
Services     
A. General Construction Work for Building  Partial  Improved  SM* (2015)/Full  
B. General Construction work for Civil Engineering  Partial  Improved  SM (2015; 2021)  
C. Installation and Assembly Work  Partial  Improved  SM* (2015)/Full  
D. Building Completion and  Finishing Work  Partial  Improved  SM* (2015)/Full  
E. Other  Partial  Improved  SM* (2015)/Full  
4. Distribution Services     A. Commission Agents' Services  Partial  Improved  SM (2015)  
B. Wholesale Trade Services  Partial  Improved  SM* (2015)  
C. Retailing Services  Partial  Improved  SM* (2015)  
D. Franchising  Full* Improved  SM (2015)  
E. Other  --- New Full 
5. Educational Services     A. Primary Education Services  Partial  Improved  Partial  
B. Secondary Education Services  Partial  Improved  Partial   
C. Higher Education Services  Partial  Improved  Partial   
D. Adult Education  Partial  Improved  Partial   
E. Other Education Services  --- New Partial   
6. Environmental Services     A. Sewage Services  Partial  Similar  Partial  
B. Refuse Disposal Services  Partial  Improved  Partial  
C. Sanitation and Similar Services  Partial  Similar  Partial  
D. Other  Partial  Similar  Partial  
7. Financial Services     A. All Insurance and Insurance -related Services  Partial  Improved  SM (2025)  
B. Banking and Other Financial Services (excluding  
insurance)  Partial  Improved  SM (2025)  
C. Other  --- New Full 
8. Health Related and Social Services     A. Hospital Services  Partial  Improved  Partial   
B. Other Human Health Services  --- New Partial   
C. Social Services  --- New Full 
D. Other  --- New Full 
9. Tourism and Travel Related Services     A. Hotels and Restaurants (including catering)  Partial  Improved  SM (2015)  
B. Travel Agencies and Tour Operators Services  Partial  Improved  SM (2019)  
C. Tourist Guides Services  Partial  Improved  Full 
D. Other  --- New Full 
10. Recreational, Cultural and Sporting Services     A. Entertainment Services (including theatre, live 
bands and circus services)  Partial  Improved  SM (2015)  
B. News Agency Services  Partial  Similar  Partial  
C. Libraries, archives, museums and other cultural 
services  --- New Full 
D. Sporting and Other Recreational Services  --- New SM* (2015) /Partial  WT/R EG358/1  
 
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  Sectors and Sub -sectors  GATS  Intra -EAEU liberalization  
Compared to 
the GATS  Under the EAEUa 
E. Other  --- New Full 
11. Transport Services     A. Maritime Transport Services  Partial  Improved  SM (2025) 
B. Internal Waterways Transport  Partial  Improved  Partial  
C. Air Transport Services  Partial  Improved  Partial  
D. Space Transport  --- New Partial  
E. Rail Transport Services  Partial  Improved  SM (2025)  
F. Road Transport Services  Partial  Improved  SM (2025)  
G. Pipeline Transport  --- Similar  --- 
H. Services Auxiliary to All Modes of Transport  Partial  Improved  SM (2015; 2025)  
I. Other Transport Services  --- New Full 
12. Other Services not Included Elsewhere  --- New Full 
General Note:  MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not 
considered. Under the EAEU, services are classified according to CPC (based on Version 1) 
which was further transferred into CPC Provisional and MTN.GNS/W/120 using the UN 
refere nce table available at 
https://unstats.un.org/unsd/publication/SeriesM/SeriesM_77ver1_1E.pdf  
a  The years in brackets indicate the starting year (any time in the year) of  the functioning of a 
single services market in a specific sector/sub -sector; two years indicate that the sub -sectors 
involved have different final liberalization deadlines.  If there are sub -sectors not covered by a 
single market, liberalization is also in dicated.  
SM:  Single services market in operation.  
SM*  Single services market in operation in at least one of the sub -sectors.  
Full:   For sub -sectors where no SM is in operation, the s pecific commitments  are not subject to 
limitation(s) under any of the three modes.  
Improved:  Overall improved commitments made under the EAEU compared to those under the GATS.  
New:  New commitments under the EAEU (full or partial, with or without limitations) which can be seen 
as "improved".  
Partial:   For sub -sectors where no SM is in operation, the s pecific commitments are subject to some 
limitation(s) under any of the three modes.  
---:   For GATS - no commitments, for EAEU - no project/liberalization plan is in place as of en d-2017.  
Similar:   Similar commitments (EAEU vs GATS); though possibly, in individual cases, with limited 
improvements and/or limited additional reservations.  
Source:   WTO document WT/ACC/RUS/70/Add.2; Decisions of the Supreme Council Nos 110/14, 111/14, 
112/14, 17/15, 30/15, 31/15, 22/16 and 23/16; Annex 17  and its Supplements.  
 
4.63.   The following sectors/sub -sectors, for which there are no GATS commitments , have been 
fully liberalised under the EAEU: veterina ry services;  social services ; libraries, archives, m useums 
etc.; and "other services" under professional business  services ; interdisciplinary R&D;  audiovisual 
and communication  services ; distribution ; financial; tourism and travel;  recreational, cultural, 
sporting;  and transport  services .  
4.64.   Business services  liberalization has been largely improved as compared to that under the  
GATS. For computer and related services, a single market was established as of 2015; that is also 
the case for some sub -sectors  of professional services  (taxation  and architectural ). In other sub -
sectors, partially covered under the GATS, the single market will start operating during the 2020 -
2022 period (e.g. real estate ). With respect to engineering services the single market was 
established as of 2015, except for hazardous, complex a nd heritage objects (e.g. nuclear plants, 
subway systems, etc.)76, in which it will start operating in 2021. Commitments to establish the  
single market in R&D relating to natural sciences, which are new compared to those under the 
GATS, will be implemented in 2020. The single market started operating in a number of sub -
sectors in rental/leasing services without operators and other business services in 2015; these 
                                                
76 See footnotes a and b to the Table in Annex 10 for a complete list.  WT/REG358/1  
 
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  include, inter alia:  services related to other transport equipment and machinery, market researc h 
and public opinion, management consulting services, and photographic services.  Legal services  
remain subject to various limitations – e.g. national treatment and market access limitations apply  
for foreign attorneys and notaries, trainees and assistant notaries. The absence of  reservations for 
mode 4 generally in all of the sectors included in the EAEU,  contrasts greatly with the unbound 
nature of mode 4 under the GA TS - except for intra -corporat e transfers and business visitors. 
Mode 4 reservations under the EAEU have been scheduled for attorneys and notaries, cadastral 
and archaeological experts; generally these are combined with nationality requirements.  In 
addition, medical services and relate d activities – doctors, physiotherapists, manufacture of 
medical products, production and maintenance of medical equipment , etc - are subject to licence 
requirements.  
4.65.   Under the EAEU, the Russian Federation has undertaken new commitments in postal and 
some audiovisual services. With respect to the latter, a single market was established in sou nd 
recording  services  in 2015; for motion picture and video tape production and distribution as well as 
for film projection s the single market will start operating as of 2019. The Russian Federation has 
reserved the right to apply any measure related to broadcasting, transmission of television and 
radio programmes; this also includes an allocation of subsidies for production an d distribution. In 
regard to the provision of postal services, the Russian Federation retains its right to apply non -
conforming mode 2 and 3 measures, while modes 1 and 4 are fully liberalised. Courier services are 
fully liberalised under the EAEU. In tele communication services, partially liberalised under the 
GATS, limitations  on modes 2 and 3  are placed for  measures related to radio communication 
including satellite services (excluding fixed satellite services provided by foreign satellite 
communication o perators).  Additionally, the provision of communication services requires a 
licens e. 
4.66.   A single market has been  established in c onstruction and related engineering services  
except for the civil facilities construction of hazardous, complex and heritage objects , for which it 
will start operating by 2021.  
4.67.   Under distribution services, the Russian Federation improved significantly its GATS 
commitments by establishing a single market in virtually all sub -sectors – commission agents ' and 
franchising services, as well as in wholesale and retail trad e services . For the latter  two sub -
sectors, the sale of c ertain products (e.g. military equipment, sturgeon and caviar, alcohol, 
petroleum products, etc. )77 remain s restricted in accordance with its list of limitations . 
4.68.   Under the GATS, commitments on educational services are restricted to privately funded 
education organisations; while, under the EAEU, the sector is fully liberalized except for the 
requirement of getting a licence.  
4.69.   In environmental services, liberaliza tion has been improved but limitations re main. The 
provision of housing and public utility services, water consumption and supply  is subject to nationality and 
establishment requirements, as well as possible numerical limitation s on services suppliers.  The 
Russian Federation has reserved the right to apply any non -conforming measure with respect to 
hazardous waste. Activities related to nuclear energy and radioactive waste handling  remain 
restricted . 
4.70.   As regards health related and social services, the Rus sian Federation's GATS commitments 
only apply to privately funded health care organisations and services. Under the EA EU, this 
limitation is lifted, but sectoral liberalization is subject to a licence for any type of medical activity.  
4.71.    As in  the case of financial services in Kazakhstan  (paragraph 4.54.  above ), the Russian 
Federation 's level of liberalisation upon the entry into force of the EAEU was s imilar to that under 
the GATS. A gradual elimination of limitations and an  implementation of a coordinated financial 
markets policy aim s to establish  a single market by 2025  (see Section 4.6.2  ). 
4.72.   Commitments in tourism and travel related services have been improved vis-à-vis its GATS 
commitments: a single market was established in hotel and restaurant  services , while for travel 
agencies and tour operators services it will start operating in 2019.  
                                                
77 See footnote c of the Table in Annex 10.  WT/R EG358/1  
 
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  4.73.   Liberalization of  recreational,  cultural and sporting services has been improved. As of 2015, 
a single market was established in entertainment,  and sporting a nd other recreational services 
with the exception of gambling, which was fully liberalised except for the requirement to get a 
license . Additionally, limitations have been placed for  foreign participation in a media organisation, 
editorial office, or entity engaged in broadcasting.  
4.74.   Commitments in transport services have largely improved under the EAEU.  In 2015, a  single 
market was established in , inter alia,  cargo handling, storage and warehouse and fr eight transport 
agency services . The Russian Federation has nationality requirement s for astronauts, as well as on 
market access and foreign participation restrictions in space activities and in aviation 
organization s, respectively. Licensing is also required in some sub -sectors, e.g. inland and air 
transport.  Under the EAEU, a coordinated transport policy is being imple mented  with a planned 
elimination of existing barriers and the establishment of a single market in maritime, rail, road, 
and auxiliary services by 2025  (see Section 4.6.4) . 
4.75.   Investment in energy, mining and certain environmental services is limited by numer ous 
restrictions, including by reserving  the right to apply any non -conforming measure vis-à-vis 
subsurface use; nuclear energy and handling of radioactive waste; and plumbing, waste removal, 
sanitary treatment and similar services as regards hazardous waste. The Russian Federation  has 
also retained the right to have a majority of votes in management bodies of o rganizations engaged 
in diamond mining. Further, market access and national treatment reservations apply to 
organisations entitled to refine precious metals. In the aviation sector foreign interests should not 
exceed 25% of the authorized capital of an avi ation organization with its head and management 
board being citizens of the Russian Federation.  
4.4.3   Belarus  
4.4.3.1   Horizontal reservations  
4.76.   Through its Schedule of Horizontal Limitations, Belarus has reserved the right to apply 
measures that do not conform to its comm itments under the EAEU, as follows:  
a. national treatment may not be accorded to EAEU investors and their investments with 
respect to subsidies, land acquisition/ownership (leasing however remains an option), 
and use of wildlife in certain locations/territor ies in Belarus;  
b. both national treatment and market access do not apply to land inventory and planning, 
technical inventory and state registration of real estate rights, state property appraisal 
and geodetic and cartographic activities;  
c. market access, prohi bition of performance requirements and national treatment do not 
apply to concession related activities.  
4.77.   As per Belarus 's Schedules of Additional Limitations, MFN exemptions are granted to 
financial services and types of activities related to natural monop olies, energy and transport, and 
some legal services (attorneys).  
4.78.   Mode 4 is completely liberalized unless limitations are included in its Schedules of Additional 
Limitations.  
4.4.3.2   Services commitments  
4.79.   Table 4.3 summarizes Belarus services commitments under the EAEU , excluding mode 4 
and horizontal limitations . Additional details can be found in Annex 10 and the Decisions 
themselves. The column relating to liberalization under the EAEU indicates whether a single 
market is/will be established, as well as the extent of liberalization taking place in sectors not 
covered by the single market.  The Schedule of Additional Limitations  of Belarus  includes limitations  WT/REG358/1  
 
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  for any type of activity that requires licensing ; in the table and text below, they are dealt with in 
the same way as under the section about Kazakhstan (see paragraph 4.46.   above ).78 
Table 4.3 Belarus: EAEU services liberalization commitments (excluding Mode 4 and 
Horizontal Limitations)  
Sectors and Sub -sectors  EAEU liberalization  
1. Business Services    
A. Professional Services  SM (2015; 2022) /Partial  
B. Computer and Related Services  SM* (2015)  
C. Research and Development Services  SM* (2020)/Full  
D. Real Estate Services  SM (2020)  
E. Rental/Leasing Services without Operators  SM*(2015;  2019)/Full  
F. Other Business Services  SM*(2015;  2019)/Partial  
2. Communication Services    
A. Postal Services  Partial  
B. Courier Services  Full 
C. Telecommunication Services  Partia l 
D. Audiovisual Services  SM* (2015;  2019) /Partial  
E. Other  Full 
3. Construction and Related Engineering Services    
A. General Construction Work for Building  SM* (2015)/Full  
B. General Construction work for Civil Engineering  SM (2015; 2021)  
C. Installation and Assembly Work  SM* (2015)/Full  
D. Building Completion and Finishing Work  SM* (2015)/Full  
E. Other  SM* (2015)/Full  
4. Distribution Services    
A. Commission Agents' Services  SM (2015)  
B. Wholesale Trade Services  SM* (2015)  
C. Retailing Services  SM* (2015)  
D. Franchising  SM (2015)  
E. Other  Full 
5. Educational Services    
A. Primary Education Services  Partial  
B. Secondary Education Services  Partial  
C. Higher Education Services  Partial  
D. Adult Education  Partial  
E. Other Education Services  Partial  
6. Environmental Services    
A. Sewage Services  Partial  
B. Refuse Disposal Services  Partial  
C. Sanitation and Similar Services  Partial  
D. Other  Partial  
7. Financial Services    
A. All Insurance and Insurance -related Services  SM (2025) 
B. Banking and Other Financial Services (excluding insurance)  SM (2025) 
C. Other  Full 
8. Health Related and Social Services    
A. Hospital Services  Partial  
B. Other Human Health Services  Partial  
C. Social Services  Full 
D. Other  Full 
9. Tourism and Travel Related Services    
A. Hotels and Restaurants (including catering)  SM (2015)  
B. Travel Agencies and Tour Operators Services  SM (2019)  
C. Tourist Guides Services  Full 
D. Other  Full 
10. Recreational, Cultural and Sporting Services    
A. Entertainment Services (including theatre, live bands and circus 
services)  SM (2015)  
B. News Agency Services  Partial  
C. Libraries, archives, museums and other cultural services  Full 
D. Sporting and Other Recreational Services  SM* (2015) /Partial  
E. Other  Full 
11. Transport Services    
A. Maritime Transport Services  SM (2025) 
                                                
78 Limitation 2 of the Schedule . More information on activities that require licensing is availa ble mainly 
at the Decree of the President No. 450 "On Licensing of Certain Types of Activities" of 1 September 2010 . WT/R EG358/1  
 
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  Sectors and Sub -sectors  EAEU liberalization  
B. Internal Waterways Transport  Partial  
C. Air Transport Services  Partial  
D. Space Transport  Full 
E. Rail Transport Services  SM (2025) 
F. Road Transport Services  SM (2025)  
G. Pipeline Transport  --- 
H. Services Auxiliary to All Modes of Transport  SM (2015; 2025)  
I. Other Transport Services  Full 
12. Other Services not Included Elsewhere  Full 
General Note:  MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not 
considered. Under the EAEU, services are classified according to CPC (based on Version 1) 
which was further transferred into CPC Provisional and MTN.GNS/W/120 using the UN 
reference table available at : 
https://unstats.un.org/unsd/publication/SeriesM/SeriesM_77ver1_1E.pdf  
a  The years in brackets indicate the starting year (any time in the year) of the functioning of a 
single services market in a specific sector/sub -sector; two years indicate that the sub -sectors 
involved have different final liberalization deadlines.  If there are sub -sectors not covered by a 
single market, liberalization is also indicated.  
SM:  Single services market in operation.  
SM*  Single services market in operation in at least one o f the sub -sectors.  
Full:   For sub -sectors where no SM is in operation, the s pecific commitments are not subject to 
limitation(s) under any of the three modes.  
Partial:   For sub -sectors where no SM is in operation, the s pecific commitments are subject to some 
limitation(s) under any of the three modes.  
---:   No project/liberalization plan is in place as of end -2017.  
Source:  Decisions of the Supreme Council Nos 110/14, 111/14, 112/14, 17/15, 30/15,  31/15, 22/16 and 
23/16; Annex 17 and its Supplements.  
4.80.   In respect of business services, as of 2015 a single market has been  in operation in 
computer and related services and a  number of sub-sectors  in professional services, rental/leasing 
services without operators, and other business services . For other sub-sectors , the single market 
will be established  during the 2019 –2022 period ; these include , inter alia  taxation services, 
advisory and pre -design architectural services and engineering services , real estate services , etc. 
Under the EAEU, Belarus fully l iberalized , inter alia,  interdisciplinary R&D; some rental/leasing 
services without operators; and services incidental fishing and  manufacturing . Legal services 
remain subject to nationality, establishment and license requirements ; non-conforming national 
treatment and market access limitations are  also fixed on state cadastres and registers, and mode 
4 related limitations on metrological control.  Beyond a requirement to obtain a licence, medical, 
veterinary, and some other business services are fully liberalised.  
4.81.   Like the Russian Federation, Belarus reserve s the right to apply mode 2 and 3 related 
limitations  for postal services , while modes 1 and 4 remain fully liberalised.  Also, liberalization of 
the telecommunication s sector remai ns subject to limitation s for modes 2 and 3 with respect to the 
application of any measure related to radio communication  services , including satellite 
communication . A licence is required for some communication services, e.g. telecomm unications 
and mailin g services. Courier services are fully liberalised under the EAEU.  In 2015, a single 
market was in operation in sound recording services while it will be established in 2019 for motion 
picture and video tape production, distribution and motion picture proj ection services.  
4.82.    For some sectors/sub -sectors in construction and related engineering services, a single 
market was established in 2015; for services related to general construction work for civil 
engineering of hazardous, complex and heritage objects , the single  market will be established  in 
2021.  
4.83.   Under distribution services , a single market was established in most sectors/sub -sectors as 
of 2015  - some  specific products remain restricted for sale (footnote c in Annex 10 ).  
4.84.   Educational services in Belaru s were partially  liberalised . There is a requirement for 
institutions to establish as a juridical person of Belarus; non-conforming market access limitations  WT/REG358/1  
 
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  may also be applied . Licensing is also required for secondary and higher education, and tertiary 
technical/vocational training.  
4.85.   With respect to environmental services, Belarus has reserved the right to apply non -
conforming national treatment and market access limitations . In addition, as regards hand ling of 
ozone -damaging substances and hazardous wast e, licensing requirements apply.   
4.86.   Similar to financial services liberalization in Kazakhstan and the Russian Federation, Belarus 
committed to establish  a single services market by 2025 (Section 4.6.2  ). Pending that, Belarus 
has reserved the right to apply non -conforming national treatment, market access and MFN 
limitations to activities related to financial services . 
4.87.   As regards health rel ated and social services,  the latter is fully liberalized u nder the EAEU . 
There is a requirement for hospitals  to establish as a juridical person of Belarus and the supply of 
medical /health  services  requires a licence .  
4.88.   Single services market s were in operation in a number of sectors/sub -sectors in 
recreational, cultural and sporting services in 2015; the only exception is gambling for which a 
licence is required. Media entities  need to be establish ed in Belarus ; foreign participation 
limitatio ns may also apply .  
4.89.   Under transport services, as of 2015 a single market was in operation in  auxiliary services . 
Activit ies related to automobile transport are subject to licence requirement s. A coordinated  
transport policy is being established  under the E AEU; establishment of a single market is 
envisaged in maritime, rail, road, and auxiliary services by 2025.  
4.90.   As with the other two EAEU member States, investment is also restricted in energy and 
mining.  
4.5  Regulatory provisions  
4.5.1   Domestic regulation  
4.91.   Paragraphs  57–64 of the Services and Investment Protocol set forth disciplines on domestic 
regulation, replicating to a large extent the text of Article VI of the GATS. The member States are 
required to ensure that all their measures of general application affecting  trade in services are 
administered in a reasonable, objective and impartial manner. They shall also have in place 
procedures for the prompt review of and appropriate remedies for administrative decisions 
affecting trade in services, including through judi cial, arbitral or administrative tribunals. In order 
to avoid unnecessary barriers to trade in services, the Commission is entrusted with developing 
rules on the application of qualification requirements and procedures, technical standards and 
licensing re quirements, to be approved by the Supreme Council.  
4.5.2   Recognition  
4.92.   According to paragraphs 53 –54 of the Services and Investment Protocol, the member States 
may agree on the mutual recognition of authorisations of service suppliers in certain liberal ized 
sectors, after achieving substantial regulatory equivalence in this field. The modalities of 
recognition are specified in the liberalization plans. As of April 2018, no specific agreements have 
been concluded in that respect . 
4.93.   Paragraph 38 of the Services and Investment Protocol states that when a single services 
market is functioning in a specific sector, each member State shall:  
a. provide persons of any other member State the right to supply services and accordingly  
grant service suppliers a permit to do so ; and  
b. recognize the professional qualifications of the services suppliers.  WT/R EG358/1  
 
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  4.5.3   Subsidies  
4.94.   The EAEU Treaty has no disciplines on subsidies that apply specifically to trade in services or 
investment.  
4.5.4   Safeguards  
4.95.   The EAEU Treaty has no disciplines on safeguards tha t apply specifically to trade in services 
or investment.  
4.5.4.1   Balance -of-payments safeguards  
4.96.   In the event of serious balance -of-payments difficulties, a significant reduction in foreign 
exchange reserves, sudden fluctuations of national currency or the threat t hereof, a member State 
may apply restrictions on transfers and payments. Such restrictions: must not discriminate among 
member States or exceed measures necessary to deal with the circumstances mentioned above; 
must be consistent with the IMF Agreement; mu st avoid unnecessary damage to the commercial, 
economic and financial interests of any other Member State; must be temporary and be phased 
out progressively as the situation improves. In determining the incidence of such restrictions, the 
member States may  give priority to the supply of goods or services which are more essential to 
their economic or development programmes. However, such restrictions shall not be adopted or 
maintained for the purpose of protecting a particular service sector.  
4.5.5   Other  
4.5.5.1   Consumer rights  
4.97.   Paragraphs 49 -52 of the Services and Investment Protocol address the rights of service 
consumers. In particular, member States are prohibited from establishing requirements or special 
conditions that restrict the rights of service consumers to recei ve, use or pay for services supplied 
by a service supplier of another Member State. Paragraph 50 of the Services and Investment 
Protocol proscribes the application of discriminatory requirements or special conditions to 
consumers on the basis of their nati onality or their place of residence, establishment or operation. 
These obligations, however, do not affect the rights of the member States to take measures 
necessary for the implementation of their social policies, including pension provision and social 
security  
4.6  Sector specific provisions on trade in services  
4.6.1   Telecommunication services  
4.98.   Telecommunications services, defined as the reception, processing, storage, transfer and 
delivery of telecommunication messages, are covered by Supplement 1 to the Services a nd 
Investment Protocol. Paragraph 6 of Supplement 1 states that telecommunications services are 
supplied on the basis of a licence to operate within established territorial boundaries and, where 
appropriate, an additional authorization from the competent a uthorities.  
4.99.   The member States are required to take all measures necessary to ensure equal and non -
discriminatory access to networks and telecommunication services, and that all information on 
market access and the supply of these services is made availabl e to the public. The member 
States must also ensure the provision of universal telecommunication services within their 
territories on the basis of recommendations by the relevant international organizations.  
4.100.   Paragraph 12 of Supplement 1 allows the member States to set tariffs for 
telecommunication services. They must guarantee the supply of services in their territories in 
accordance with the set tariffs on the basis of contracts with the suppliers located wit hin their 
territories. With respect to services for which the member States do not set tariffs, they must 
ensure the effective application of their competition laws.  WT/REG358/1  
 
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  4.6.2   Financial services  
4.101.   The formation and functioning of a common financial services market  among EAEU 
member States is foreseen in Section XVI of the Treaty ( "Regulations of the Financial Markets") 
and its Annex 17 ("Protocol of Financial Services"). The Protocol of Financial Services contains two 
supplements: the National schedules of commitments  in financial services (Supplement 1) and the 
National schedules of limitations on establishments in financial services (Supplement 2). These 
define precisely the scope and depth of financial services liberalization among EAEU member 
States. The liberaliza tion provided by these disciplines has been reflected in the Section on 
liberalization commitments above.  
4.102.   The definition of supply/trade in financial services (paragraph 3) covers GATS modes 1 to 
3. Mode 4 is regulated by Section XXVI on Labour Migration, subject to member State restrictions 
specified in Appendix 2 to Protocol of Financial Services (paragraph 12).   
4.103.   Subject to members Schedules, the Protocol of Financial Services regulates trade in 
services as follows:  
a. financial services included in paragra ph 4 – no-life insurance, re -insurance, supply and 
processing of financial data, and consulting and other auxiliary services79 - may be 
provided by  modes of supply 1 and 2 ; and 
b. all other  types of  financial services  can be provided by mode 3 , in accordance w ith 
paragraphs 6 and 7 .  
4.104.   Paragraph 13 of the Protocol of Financial Services requires member States to apply all their 
measures affecting trade in services in a reasonable, objective and impartial manner.  
4.105.   In what concerns qualification requirements and procedures, technical standards and 
licensing requirements, paragraph 15 of the Protocol of Financial Services requires member States 
to ensure that they are based on objective and transparent criteria, do no t exceed what is 
necessary to ensure the quality of the service and, in the case of licensing procedures, do not in 
themselves constitute a restriction on the supply of services.  
4.106.   The Protocol of Financial Services also includes general and security except ions, as well as 
provisions allowing for the adoption and recognition of prudential measures.80 The provisions of 
the Services and Investment Protocol on transfers and restrictions to safeguard the balance of 
payments apply to financial service suppliers by  virtue of paragraph 8 of the Protocol of Financial 
Services.  
4.107.   Finally, the Protocol of Financial Services and Article 103 of the Treaty stipulate that the 
member States shall harmonize their domestic legislation in the financial sector - in the banking, 
insurance and securities markets  - by 2025.  Thereafter, the EAEU member States would create  a 
supranational body for financial market regulation which would be established in Almaty, 
Kazakhstan, in 2025.  As April 2018 , member States were discussing elements  of a document on 
the "Concept of single financial market", that will further the original principles and indicate goals, 
timing and tools for the establishment of a single financial services market. Upon completion the 
document will be presented to the Su preme Council.81  
                                                
79 These are: 1) insurance services  relating to : a) international maritime and commercial air transport, 
commercial space launches and freig ht (including satellites), where the insurance covers, fully or partially, the 
transported goods, vehicles transporting goods and liability in connection with transportation; b)  the 
international transit  of goods ; 2) reinsurance and services auxiliary  to insurance, such as consulting, actuarial 
services, risk appraisal and claims settlement ; 3) the provision and transfer of financial information, processing  
of financial data and related software  of other financial services  providers;  4) advisory and other auxiliary  
services, including the provision of reference materials , regarding services on the securities market and 
banking services, except intermediary services, services related to credit analysis, research and advice on 
direct and portfolio investments,  advice on the acquisition and reorganisation of corporations and corporate 
strategy.  
80 Annex 17, paragraphs 19, 31 -32, 34 -35. 
81 Annex 17 (Para s. 4–11) regulates the liberalization of financial services subject to each Member 
exemptions and limitations indicated in Appendices 1 and 2 to the Protocol. These measures are to be WT/R EG358/1  
 
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  4.6.3   Energy  
4.108.   Section XX of the Treaty covers trade in energy services and is complemented by 
Annexes  21, 22 and 23. It requires the member States to coordinate policies in the energy sector 
and to gradually create common energy markets for elect ricity, natural gas, petroleum and 
petroleum products respectively.82 The regulations summar ized below appear to represent an 
intermediate stage in the integration process before the envisaged common energy markets are 
established. The rules, as they stand,  cover only a limited number of energy services, which 
mainly include electricity supply, natural gas transportation and the transportation of petroleum 
and petroleum products. These services seem to be predominantly supplied by "natural 
monopolies".  
4.6.3.1   Electricity services  
4.109.   Articles 81 -82 of the Treaty and the Protocol on the Access to the Electricity Services 
Supplied by Natural Monopolies (Annex 21) govern access to services provided by natural 
monopolies in the electricity sector, including the principles  of their pricing and tariff policies.  
4.110.   Pursuant to Article 104 of the Treaty (Transitional Provisions for Section XX), Annex 21 
remains applicable pending the entry into force of the common electricity market on 1 January 
2019. In the meantime, the member States were required to submit by 1 Jul y 2016 the 
programme of measures necessary for the establishment of the common electric power market 
(CEPM)  with the implementation deadline of these measures set for 1 July 2018. The initial phase 
was concluded with the adoption of the Supreme Council Dec ision No 12/15 "On Concept of 
forming the common electric power market of the EAEU" . Since that time, work has continued and 
it has been  agreed that  the CEPM will be implemented using the existing trading platforms of its 
countries (instead of providing fo r the creation of a new one). Other issues being discussed include 
approaches to the arrangement of central ized trade in electric power, formation of demand and 
supply curves in certain member States , and the functional structure of the Union 's CEPM.  
4.111.   Annex  21 defines "access to the services of natural monopolies in the electricity sector" as 
the ability of entities from the domestic market of one member State to use such services within 
the territory of another member State. Paragraph 6 provides the general  principles regarding the 
granting of access (such as the obligation of equal treatment with respect to requirements) and 
conditions it upon the member States' technical capacities and the fulfilment of their domestic 
energy needs, established in accordanc e with the hierarchy of priorities listed in paragraph 7. 
Pursuant to paragraph 11 of Annex 21, tariffs for the electricity services supplied by natural 
monopolies within the common markets of the member States must not be higher than the 
analogous tariffs  applicable to domestic market participants.  
4.112.   Annex 21 also sets out the general principles for interstate electricity transmission and for 
the establishment of the common electricity market. In Supplement 1 to Annex 21 the member 
States agree to a single methodology regarding interstate electricity transmission, which 
addresses, inter alia,  issues of pricing, technical conditions and volumes of transmission.  
4.6.3.2   Natural gas transportation services  
4.113.   Article 83 of the Treaty and the Protocol on the Access to th e Natural Gas Transportation 
Services through Gas Pipelines Supplied by Natural Monopolies (Annex 22) govern access to 
services of natural monopolies in natural gas transportation, including the principles of their pricing 
and tariff policies. Annex 22 app lies only to natural gas originating from the territory of the 
member States, to the exclusion of natural gas originating from third parties or of matters of 
natural gas transportation from and into the EAEU. Section XVIII of the Treaty (Natural 
Monopolies ) applies in addition to Annex 22.  
4.114.   Pursuant to Article 104 of the Treaty, Annex 22 remains applicable pending the entry into 
force of the common gas market on 1 January 2025. Before this date, bilateral agreements 
                                                                                                                                                  
 
gradually eliminated in those sectors where harmonization of legislation a nd licences has been established 
(Paras . 36 and 37 of Annex 17).  
82 Articles 81 – 84 of the Treaty.  WT/REG358/1  
 
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  concerning the supply of gas between the member States remain in force, unless the member 
States agree otherwise. They must also submit by 1 January 2016 the outline and by 1 January 
2018 the programme of measures necessary for the establishment of the common gas market, 
with the implementation d eadline of these measures set for 1 January 2024. In May 2016, the 
Supreme Council approved the  Decision " On the Concept of forming a common gas market of the 
EAEU " (Decision No 7/16). T he final Programme, including the list of particular actions required to 
launch the project, is under preparation. Some of them are related to conducting stock trading and 
providing appropriate rules for that; implementation of pricing and tariff policy in  the common gas 
market, including formation of stock exchange and off -exchange price indicator ; and the  
harmonization of the laws of the member States governing the gas sector . 
4.115.   Paragraph 3 of Annex 22 provides for the gradual formation of the common gas ma rket of 
the EAEU. Paragraph 5 of Annex 22 conditions access to the gas transportation services supplied 
by natural monopolies, to be granted in accordance with the provisions of Annex 22, on the 
accomplishment by the member States of a number of steps. Suc h steps include the creation of an 
information exchange system and mechanisms for declaring energy balance forecasts, the 
harmonisation of gas norms and standards, and the maintenance of market prices.  
4.116.   Once these measures have been adopted, in accordance with paragraph 7 of Annex 22, 
the member States must grant economic entities of the other member States access to gas 
pipelines within their territories  on equal terms with their domestic producers that are not owners 
of these pipelines. This obligation al so covers tariffs for the transportation of gas. The access 
required under paragraph 7 of Annex 22 is subject to the technical capacities of the pipeline 
networks.  
4.6.3.3   Services related to p etroleum and petroleum products  
4.117.   Article 84 of the Treaty and the Protocol on the Establishment of Common Petroleum and 
Petroleum Products Markets (Annex 23) govern the organisation, management, functioning and 
development of the petroleum and petroleum products common markets. Section XVIII of the 
Treaty (Natural Monopo lies) applies in addition to Annex 23.  
4.118.   Pursuant to Article 104 of the Treaty, Annex 23 remains applicable pending the entry into 
force of the common petroleum and petroleum products markets on 1 January 2025. The member 
States must submit by 1 January 2016  the outline and by 1 January 2018 the programme of 
measures necessary for the establishment of the common petroleum and petroleum products 
markets, with the implementation deadline of these measures set for 1 January 2024 . In May 
2016, the Supreme Council  approved Decision No 8/16 " On the Concept of forming common 
markets of oil and petroleum products of the EAEU ". There is agreement that  trade in oil and oil 
products will take place within a "common exchange space ", on the basis of interaction among the 
trade platforms of the EAEU member States. Other issues being addressed in during the 
development of the Programme include inter alia  the definition of the implementation stages , 
regulations to control access to oil transport infrastructure and trade regulations for the shared 
market space.  
4.119.   Paragraph 6 of Annex 23 obliges the member States, in accordance with international 
agreements between them and subject to technical capacity,  to provide conditions for: (i) the 
guaranteed possibility of long -term transportation of petroleum and petroleum products through 
the existing networks; (ii) access by economic entities of the member States to networks for the 
transportation of petroleum and petroleum products within their territories on the same conditions 
as for domestic economic entities. Moreover, paragraph 7 of Annex 23 prohibits the member 
States from setting tariffs for the transportation of petroleum and petroleum products through 
transportation networks in excess of those applicable to the domestic market participants.  
4.6.4   Transport services83  
4.120.   Section XXI of the Treaty regulates transport services and applies to automobile, air, 
maritime and rail transport, taking into account the pro visions of Sections XVIII (General Principles 
                                                
83 A brochure prepared by the Commission containing the EAEU rules concerning transport, 
infrastructure and natural monopolies, statistical information as wel l as the Commission's regulatory functions 
can be found in  http://www.eurasiancommission.org/ru/Documents/transport_eng.pdf . WT/R EG358/1  
 
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  and Rules of Competition) and XIX (Natural Monopolies). Section XXI is complemented by the 
Protocol on the Coordinated Transport Policy of the member States (Annex 24). The EAEU Treaty 
sets the objective of the  creation of a common transport area within the EAEU, in stages.   
4.121.   At its meeting in December 2016, the Supreme Council approved Decision No 19/16 that 
sets guidelines for the coordinated (agreed) transport policy as well as the implementation 
stages .84 According to Decision Nos 2 and 3  of the Eurasian Intergovernmental Council dated 14 
August 2017 and 25 October 2017, respectively,85 the Commission together with the Parties 
prepared two Action Plans ("Road Maps") for the implementation of the Basic Transport Policy 
Guidelines, for air transport and for the re maining  mode s of transport .  
4.122.   The Road Maps , covering the period 2018 -2020,  were approved by the Commission 
Collegium and by the Transport Infrastructure Advisory Committee in 2017.  Their implementation 
will lead to t he adoption of three international agreements on road, railway and water transport86 
as well as the completion of work on the Agreement on Navigation.  
4.123.   The implementation of the Action Plan s will create a basis for the removal  by 2025 of all 
existing  restrictions in transport , which are needed  in order to build the EAEU  common market for 
transport services.  The possibility of making extensive use of the digital economy - intelligent 
transport systems , electronic diagnostics of vehicles, digital logistics , electronic document 
circulation , etc. – is at the core of the EAEU transport agenda.  
4.124.   Road transport services are regulated by p aragraphs 4 -9 of Annex 24, together with 
Supplement 1 on Transport control at the External Borders of the EAEU.87 In accordance with 
paragraph 4 of Annex 24 to the EAEU Treaty, international road cabotage is carried out by carriers 
registered in the territory of one of the member States without obtain ing a permit, between the 
member State where the carrier s are registered and another  member State ; transit through the 
territory of other member States ; and between other member States.  Meanwhile, in accordance 
with paragraph 5, different levels of liberalization of road cabotage are allowed between member 
States. Therefo re, a "Program of  gradual liberalization of road cabotage  carried out by carriers 
registered in the territory of one of the EAEU  member State s between points located in the 
territory of another m ember State  of the EAEU for the period from 2016 to 2025"  was adopted by 
Supreme Council  Decision No 13 of 8 May 20 15;88 this is presented in Table 4.4. The road map  
provides for the development of intelligent transport systems  and passenger transportation; the 
development and maintenance of road infrastructure ; the improvement of road trans port services 
quality  and its efficiency ; and e nsuring professional competence of workers involved in 
international road transportation .  
                                                
84 Supreme Council Decision No 19/16 " On the main directions and stages of the implementation of the 
coordinated (agreed) transport policy of the member states of the EAEU ", https://docs.eaeunion.org/docs/en -
us/01413536/scd_1104 2017_16  (in Russian).  
85 Decision of the Eurasian Intergovernmental Council No 2 "On the approval of the action plan ("road 
map") for the implementation of the Basic directions and stages of the implementation of the coordinated 
(coordinated) transport poli cy of the member states of the EAEU in terms of air transport for 2018 -2020" and 
Decision of the Eurasian Intergovernmental Council No 3 "On the approval of the action plan ("road map") for 
the implementation of the Basic directions and stages of the imple mentation of the coordinated (coordinated) 
transport policy of the member states of the EAEU for 2018 -2020", available at 
https://docs.eaeunion.org/docs/ru -ru/01314587/icd_1508201 7_2 and https://docs.eaeunion.org/docs/ru -
ru/01315092/icd_26102017_3 , respectively (Russian only).  
86 Agreements on the harmonization of the weight parameters of motor vehicles; on improvement of the 
mechanism for controlling the movement of heavy -weight and over -size vehicles; and on the organization of 
the exchange of information on goods and vehicles of international transportation in railway communication 
with third countries . That will involve the adoption of  more than 20 recommendations of the Commission, 
including digitalization of the transport space, support of the New Silk Road project; development of transport 
corridors, transit and logistics capabilities , and multimodal transport.  
87 According to the Commission, road transport accounts for more than 82% of the total volume of 
cargo transportation and 94% of passenger transportation in the EAEU (see  
http://www.eurasiancommission.org/en/nae/news/Pages/24 -04-2017.aspx ) 
88 The Decision was signed by all of the four EAEU member States at that time. The Kyrgyz Republic 
joined the Program in accordance with the decision of the Supreme Council No 39 as of 21 December  2015.  WT/REG358/1  
 
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  Table 4.4 Stages of road cabotage liberalization in the EAEU  
Stage  Permitted  
cabotage  
operations  Number of days 
required  for cabotage  Conditions to perform  cabotage  
1st 
2016–2017 1 Within 3  days  After the completion of international 
transportation from non -member States, in 
trail on the territory of certain regions.  
 
The vehicle should have a special permit 
and a logbook issued by the competent 
authority . 2nd 
2018–2019 1 Within 7  days  
3rd 
2020–2024 1 Within 7  days  After the completion of international 
transportation from non -member States, in 
trail on the territory of any regions only 
after preliminary informing (filing an 
application in electronic form) by the 
carrier to the transport control body  
4th 
from 2025  3 Within 7  days  After the completion of international 
transportation, on the territory of any 
regions, only after preliminary informing 
(filing an application in electronic form) by 
the carrier to the transport control body  
Source : EEC. 
 
4.125.   Air transport services (only in the context of  civil aviation ) are regulated by p aragraphs 10 -
14 of Annex 24 . Paragraph 13 provides that flights take place in accordance with the international 
agreements of the member States and authorisations delivered pursuant to domestic legislation. 
The member States also recognize that each member State has complete and excl usive 
sovereignty over the airspace above its territory. The creation of a common market involves issues 
such as rates and charges for the provision of airport and air navigation services in the member 
States, removal of restrictions on destinations and fr equencies assigned to carriers and a 
mechanism restraining unfair competition. The road map provides for  the harmonization of the 
legislation of EAEU member States in accordance with the norms and principles of international law 
in the field of civil aviat ion (in particular the International Civil Aviation Organization , ICAO); the 
reduction of the negative impact of civil aviation on the environment ; ensuring fair and bona fide 
competition and the creation of conditions for the renewal of aircraft fleet in the field of civil 
aviation ; modernization and development of ground infrastructure facilities of airports in 
accordance with ICAO stan dards and recommended practices ; ensuring the security of flights and 
aviation security ; and the expansion of air traffic .  
4.126.   Disciplines for maritime transport services are included in p aragraphs 15 -17 of Annex 24 , 
which foresee in particular the conclusion of a shipping agreement between the member States. 
The Shipping Agreement  is expected to be concluded in 2018 i; it will enter into force following the 
conclusion of domestic ratification procedures in EAEU member States . The Agreement  provides 
mutual recognition of ship documents and qualification documents of the ship's captain and crew 
members of v essels flying the flags of the EAEU States in the inland waterways of the Union 
countries. It also establishes the  conditions of navigation for transportation and towage purposes 
on adjacent inland waterways, as well as during transit  and bilateral transpo rtation. The road map  
provides , as regards maritime transport , for member States to develop a consolidated position in 
international organizations and the simplification of procedures in their ports in the context of 
transportation to third countries, etc.  For inland waterway s transport, it foresees the signing of the 
international agreement on shipping  and identif ication/agreement on areas to be harmonized, etc ..  
4.127.   Railway transport services are regulated in p aragraphs 18 -19 of Annex 24  and its 
Supplement 2 . The latter contains f urther rules on access to rail transport and on tariff policies , 
while its two appendic es provide the rules on access to infrastructure services for rail transport 
within the framework of the EAEU (Appendix 1) and on the  provision of  infrastructure services for 
rail transport (Appendix 2). The road map provides for  the improvement of conditions for the 
functioning of the common transport space  (e.g. creating legal conditions for the exchange of WT/R EG358/1  
 
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  information , agreed approaches for the creation and development of rapid and high -speed 
passenger transport between EAEU member States ); and creating  conditions for the functioning of 
the general market for rail transport services , with the exception of  transportation  service s and 
infrastructure services (e.g. determin ing possible additional rail transport services  and developing 
proposals for their convergence ). 
4.7  Other provisions on investment  
4.128.   Section VII on Investment contains disciplines regarding compensation, expropriation , 
transfer of rights of investors, and settlement of investment disputes. Key investment protection 
guarantees include fair and equitable treatment (paragraph 68), freedom of transfers 
(paragraph  75) and compensation for losses on their investments as a re sult of civil unrest, 
military action, revolution, state of emergency and similar situations (paragraphs 77 -78). In case 
of expropriation, adequate compensation corresponds to the market value of the expropriated 
investments paid within the period stipulat ed in the legislation of the recipient State but not later 
than three months from the date of expropriation and transferred in a freely convertible currency 
(paragraphs 79 -81). Provisions regarding dispute settlement are addressed in Section 5. 6 of this 
Factual Presentation.  
5  GENERAL PROVISIONS O F THE AGREEMENT  
5.1  Transparency  
5.1.  Transparency in the drafting, adoption and application of measures and mechanisms of the 
EAEU's foreign trade policy is specified as one of the basic principles in executing trade pol icy 
(Article 33:2).  The work of the Commission is of major relevance in this context, with the 
principles of transparency, openness and objectivity guiding its work ( paragraph 2 of the Protocol 
on the on the Eurasian Economic Commission ). Transparency provisions are spread throughout  the 
EAEU Treaty, its Protocols and other legal instruments that form part of the EAEU system.  
5.2.  Article 69 of the Treaty prescribes that all legal acts of the member State s affecting trade in 
services , establish ment, activities and  investments must be published in an official source. The 
member State s must also generally ensure the publication of the drafts of their legal acts in order 
to provide the possibility for public discussion.   
5.2  Current payments and capita l movements  
5.3.  The creation of a Single Economic Space is an important element of the EAEU. In that 
respect, Members are to coordinate their macroeconomic and monetary policies. Macroeconomic 
policy (Articles 62 -63) shall aim at achieving the balanced develop ment of the economies of the 
member States. The Commission is in charge of monitoring the implementation of the ir 
coordinated macroeconomic policy, in accordance with the rules and disciplines in Annex 14 to the 
Treaty. A coordinated monetary policy (Artic le 64 and Annex 15 ) is also envisaged, with the aim of 
deepening economic integration, develop ing monetary and financial cooperation, ensur ing free 
movement of goods, services and capital in the territories of the member States, enhanc ing the 
role of natio nal currencies of the member States in foreign trade and investment transactions, as 
well as provid ing for  the mutual convertibility of these currencies.  
5.4.  As regards the coordination of monetary policy , Annex 15 lists 15 m easures to be 
implemented inter al ia the establishment of official exchange rates for national currencies, 
integrated currency markets and improv ed payments mechanisms.  The Annex also specifies how 
competent authorities are to cooperate in  monetary policy.  Member State s' exchange rate policies 
will be implemented  by a separate body, composed of the heads of central banks.  
5.5.  Nine specific actions are listed in order to approximate and liberalize member State s' 
regulations on currency relations, including:  
a. a gradual elimination of monetary restrictions on transactions and opening or 
maint enance of  accounts by residents of member States in banks located in the 
territories of the member States.  WT/REG358/1  
 
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  b. listing monetary transactions between residents of the member Sta tes not subject to 
restrictions;  
c. defining requirements for repatriation of funds by residents of  member States while 
preserving national sovereignty;  
d. harmonization of : requirements for the repatriation of funds by residents of member 
States and for account ing and control of monetary transactions; and  rules on liabilit ies 
for the breach of monetary legislation of the member States; and 
e. ensure free movement of cash and monetary instruments by residents and non -residents 
of the member States within the customs  territory of the EAEU.  
5.6.  Section V of Annex 15 provide s the criteria for imposing monetary restrictions, as follows:  
a. they shall be used only in the event that the situation cannot be resolved by other 
economic policy measures, and in the following exception al cases:  
i. the implementation of liberalization measures may lead to the deterioration of the 
economic and financial situation in a member State  or may be harmful for its security 
interests and impede maint enance  of public order ; 
ii. negative development in the  balance of payments, which may result in a decrease in 
the gold reserves of a member State below acceptable level s; and 
iii. sharp fluctuations in the national currency of a member State.  
b. restrictions shall not last  more than 1 year ; and 
c. other member States and the Commission shall be notified of the restrictions  introduced 
no later than 15 days from the  date of their  introduction.  
5.7.  The EAEU Commission is not delegated with decision -making authority in fiscal and monetary 
policy which  remai ns under the competence of the member States.  
5.8.  Pursuant to paragraph 8 of Annex 16, a member State  must not adopt new restrictions and 
shall withdraw exist ing restrictions on international transfers and payments relating to trade in 
services, establishment,  operation and investments. In particular, no restrictions are allowed on:  
a. revenues;  
b. funds in repayment of loans and debt recognized by member State s as an investment;  
c. funds received by the investor in connection with the partial or complete liquidation o f 
the business entity or sale of investments  or as compensation for damage (in accordance 
with the Investment Section of Annex 16);  
d. salary and other remuneration received by investors as well as citizens of other member 
State s who are permitted to work in connection with investments in the territory of the 
consum ing State.  
5.9.  The member State s however affirm their rights and obligations arising from their IMF 
membership, which in some cases may include the application of certain restrictions otherwise 
inconsis tent with the provisions of Annex 16.  
5.10.   Transfers may be made in any freely convertible currency , the conversion of which is carried 
out without undue delay at the exchange rate applicable in the territory of a member State  on the 
date of transfer.  WT/R EG358/1  
 
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  5.3  Exception s 
5.11.   General exceptions clauses exist both with respect to intra -EAEU trade on goods and vis-à-
vis trade with third parties.  
5.12.   General exception s to internal trade in goods are contained in Article 29  of the EAEU Treaty ; 
they reflect some of the exceptions of GATT Articles XX and XXI. More precisely, they authorize 
member States to apply restrictions in the ir mutual trade in goods provided these measures do not 
serve as unjustifiable discrimination or a disguised restric tion on trade, if such  restrictions are 
necessary for the protection of (i) human life and health; (ii) public morals and public order; (iii) 
the environment; (iv) animal and plant species and cultural values; and for the implementation of 
(v) internationa l obligations; and (vi) the defense and security of the member State . Accordingly, 
sanitary, veterinary as well as quarantine measures could be imposed on internal trade  in 
accordance with the procedure s of Articles 56 -59 of the Treaty , and the movement (" turnover") of 
certain categories of goods can be limited . 
5.13.   General exceptions to the prohibition o n QRs as well as to exclusive rights are regulated by 
Section VII  of the Protocol on NTMs . Though using  different language, they include all the 
exceptions under GATT Articles XX and XXI; QRs may also be imposed if they are necessary to 
protect the environment  or to ensure the implementation of legal acts not contravening 
international commitments and related to the application of t he customs law, preservation of the 
environment, protection of intellectual property and other legal acts  (paragraph 38) .89  
5.14.   The introduction/termination of any such measure by an EAEU member State is subject to 
approval by the Commission on the basis of a request . If the Commission rejects the introduction 
of the restriction, the member State may nevertheless unilaterally impose temporary measures on 
trade with third parties , in accordance with the following procedures  (Section X ): 
a. prior notification (of at  least three calendar days) is made to the Commission . Upon 
receipt of the proposal, the Commission considers whether to impose such measure in 
the customs territory of the EAEU. I f the Commission agrees with the proposal, it shall 
regulate the measure; if  not it informs the member State imposing the measure and 
customs authorities of other member States of the duration of the measure, which shall 
not be longer than 6 months;   
b. from the date of introduction of the measure, the other member States shall only 
authorize exports or imports of the good concerned,  to or from  the member State 
imposing the measure if an authorized body of that member State has issued a license.  
5.15.   Section XV of the Treaty p rovides for exceptions modelled on Articles XIV and XIV bis of the 
GATS . Article 65.6 replicates paragraph 1 of Article XIV bis of the GATS; Article 65.7 reproduces 
Article XIV of the GATS, with a somewhat different provision for measures aimed at ensuring  the 
equitable or effective imposition or collection of direct taxes (Article XIV(d) of the GATS); Article 
65.8 replicates the language of the chapeau to Article XIV of the GATS.  
5.4  Accession and Withdrawal  
5.16.   Article 108  foresees that "EAEU membership is open to any State that share s its aims and 
principles, on terms agreed by the member States".  Supreme Council Decision No 25/15 further 
regulates accession to, and withdrawal from, the EAEU.  
5.17.    Acceptance of a request for accession require s consensus within  the S upreme Council.  The 
terms of an accession are negotiated and agreed upon within a working group of representatives 
of the candidate country, member States and bodies of the EAEU . A Road Map (" Program of 
Actions ") for accession is established and approved by the Supreme Council.  The c onclusion of 
accession negotiations are confirmed by a consensus decision of the Supreme Council on a Treaty 
of Accession, subject to  domestic  ratification  procedures.  
                                                
89 In accordance with the Protocol on NTMs, unilateral non -tariff measures were introduced by the 
Russian Federation for a period not exceeding six months  –e-g. in an exceptional case for preventing a critical 
shortage in the do mestic market of waste paper, which is essential for the internal market, for a period of four 
months.  WT/REG358/1  
 
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  5.18.   Any member State may withdraw from the Union on the basis o f a written notice sent to the 
Commission indicating such an intention. The Supreme Council is to launch the process of 
settlement, including of financial obligations. Withdrawal from the Union, including from all 
international treaties concluded within it s framework, shall be effective upon the expiry of 12 
months from the date of receipt of the notice by the Commission. Within that period, the member 
State may reverse its decision and so inform the Commission through a written notice.  
5.19.   From the date of the  written notice of withdrawal, the rights and obligations of that member 
State are modified, in accordance with the terms of Section III of the Supreme Council Decision No 
25/15 . All officials and civil servants of that member working in all bodies of the Union shall end 
their working relations at the latest on the date of termination of membership in the Union  
5.20.   Article 109 provides for the possibility for any State to apply for Observer status, on the 
basis of a request to the Chairman of the Supreme Counci l. The Supreme Council shall decide on 
the granting or refusal of such a status . In 2017, EAEU member States began work ing on a 
regulation on rights and obligations of a State which ha d obtain ed an  Observer Status.  
5.5  Institutional framework  
5.21.   Articles 8 -19 of the EAEU Treaty establish the institutional framework of the Union ; the 
Regulation on the Eurasian Economic Commission is included in Annex 1 to the Treaty. According 
to Article 8 of the Treaty , the institutions of the Union are:  
a. the Supreme Eurasian Economic Council . This is the highest body of the Union and it is 
composed of the Heads of the member State s. In accordance with the Protocol of 15 
March 2018 amending EAEU Treaty , the Supreme Council can also be composed of Prime 
Ministers which have the  power of taking decisions at this level.  The Supreme Council 
meets at least once a year  and its decisions are taken  by consensus (Article 13) ; 
b. the Eurasian Intergovernmental Council ( the "Intergovernmental Council ");  
c. the Eurasian Economic Commission , whic h comprises the Council and the Collegium ; and 
d. the Court of the EAEU ( hereafter the "Court "; see next Section ). 
5.22.   The Chair  of the Supreme Council, the Intergovernmental Council and the Council of the 
Commission shall be held by rotation in the order of the Russian alphabet  by one member State of 
the EAEU, for one calendar year without the right to prolongation.  The Chairperson of the 
Collegium  of the Commission is appointed for a term of four years by the Supreme Council on the 
basis of rotation without prol ongation.  WT/R EG358/1  
 
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  5.23.   Chart  5.1 summarizes the institutional framework of the EAEU . 
Chart  5.1 EAEU Institutions  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.24.   The Supreme Council is responsible for the strategy and direction of integration, as well  as 
the Union's functioning. It meets at least once a year. Its core powers are (Article 12):  
a. determining the integration strategy of the Union and taking decisions to further its 
objectives;  
b. approving the composition and appointing the members of the Collegium  of the 
Commission;  
c. appointing the judges of the Court;  
d. approving the budget of the Union and determining the shares of the member States' 
contributions;  
e. repealing or amending decisions by, or considering issues lacking consensus in,  the 
Intergove rnmental Council or the Commission;  
f. determining accession to and secession from the Union; and  
g. deciding to enter, on behalf of the Union, into negotiations with third parties, expressing 
consent to be bound by a treaty, or deciding to terminate, suspend or  withdraw from it.  
5.25.   The Intergovernmental Council consists of the Heads of Governments of member States. It 
meets as often as necessary, but not less than tw ice a year. It is responsible for the 
implementation of the Treaty and other legal instruments as w ell as decisions of the Supreme o Permanent body 
of the Union  Appoints 2 judges 
from each MS  If no 
consensus  
Annual 
reports  SUPREME COUNCIL  
Heads of State  
 Outline of the main 
integration directions  
o Union's highest level institution  
o Decisions by consensus  
o Overall strategy of the integration process  
o Rotated presidency  
o Meets annually or more often if necessary  
INTER -GOVERNMENTAL COUNCIL  
Heads of Government  Approves the composition, 
appoints the Chair and 
members on a 4 -year 
term o Union's s econd highest level institution  
o Decisions by consensus  
o Intermediate coordination function  
o Rotated presidency  
o Meets twice a year or more often if necessary  
COLLEGIUM  OF THE 
COMMISSION  Appointed 
Members  
 
 COUNCIL OF THE COMMISSION  
Deputy Heads of Governments  
 COURT  
Appointed Judges  
COMMISSION  Union's Judicial body o Governing body of the Commission  
o Decisions by consensus  
o Rotated presidency  o Executive body of the Commission  
o Decisions by consensus or 2/3 
majority   WT/REG358/1  
 
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  Council; its decisions are adopted by consensus (Article 17). Its main competences (Article 16) 
include inter alia considering issues lacking consensus in the Council of the Commission; 
submitting candidates for the Council and Collegium  of the Commission to the Supreme Council; 
repealing, amending or suspending decisions of the Council or the Collegium  of the Commission.  
5.26.   The Commission (Article 18) is the permanent , supranational  regulatory body of the Union. 
Decisions, inst ructions and recommendations of its Council are adopted by consensus on the basis 
of a vote, while those of its Collegium  are taken either by qualified majority or, for sensitive issues 
so defined by the Supreme Council, by consensus .90 The competences and rules relevant for the 
functioning of the Commission are further elaborated in the Regulation on the Eurasian Economic 
Commission in Annex 1 to the EAEU Treaty. Section I includes general provisions; Sections II and 
III address respectively the Council and  the Collegium  of the Commission while Section IV refers to 
the Commission's Departments. Further allocation of power and function s of the Commission's 
bodies were determined by various Regulations .91  
5.27.   Competences of the Commission include ensuring the implementation of the Union's laws, 
functioning as the depositary of legal instruments, establishing the EAEU budget and the trade 
regime with third parties and, upon authorization, signing institutional t reaties in its areas of 
competence. The d ecisions of the Commission are mandatory and have direct effect in the member 
States. The Commission has competence on a wide range of issues, including customs tariffs and 
non-tariff measures, standards and SPS mea sures, macroeconomic policy, competition policy, 
subsidies, energy policy, monopolies, procurement, labour migration, financial markets, etc.  
5.28.   The Commission plays a proactive role in providing assistance to member States in 
accessing third -party markets an d monitoring their restrictive measures against EAEU member 
States (Article 39 of the Treaty). Jointly with member States, the Commission shall conduct 
consultations and participate in trade dispute s with the relevant third party in case of adoption of 
any measure in respect of the EAEU.  
5.29.   The Commission is also responsible for deciding on the introduction of duly authorized 
retaliatory measures towards third -parties in the customs territory of the EAEU. If such retaliatory 
measures are related to agreements concluded before 1 January 2015, the member States may 
unilaterally apply tariffs that are higher than those of the CET and unilaterally suspend tariff 
preferences provided that the administration mechanisms of such measures do not violate the 
provisions o f the Treaty.  
5.30.   In particular as regards the customs regime, the competence and limits  of the Commission 
are as follows:  
a. managing the nomenclature of the customs union (Articles 45 and 101:4 of the EAEU 
Treaty, and Article 19 of the Customs Code) . A Commiss ion decision to modify the 
Union's nomenclature is adopted upon a proposal  by the customs authorities  of any 
EAEU member State ; technical issues92 relating to the nomenclature are however of the 
exclusive competence of the state executive body of the Russia n Federation in charge of 
customs affairs;  
                                                
90 The list of sensitive issues is defined in Annex II to the Regulation of the Eurasian Economic 
Commission, adopted by the D ecision of the Supreme Counc il No 98 of 23 December 2014. The list contains 44 
issues on which decision of the Collegium is taken by consensus.  
91 These Regulations  also determine the procedures  of both bodies, the preliminary publication of draft 
decisions of the Union's bodies on th e EAEU  website, the assessment of the regulatory impact of the draft 
decisions of the Commission and the interaction with EAEU member S tates. They are available at 
http://docs.eaeu nion.org/docs/ru -ru/0147030/scd_25122014_98 , http://docs.eaeunion.org/docs/ru -
ru/0148751/scd_19102015_21 , http://docs.eaeunion.org/docs/ru -ru/0148753/scd_19102015_22 , 
http://docs.eaeunion.org/docs/ru -ru/01410320/scd_01062016_4 , http://docs.eaeunion.org/docs/ru -
ru/01413558/scd_11042017_27 , http://docs.eaeunion.org/docs/ru -ru/01413586/scd_17042017_8 , 
http://docs.eaeunion.org/docs/ru -ru/01413590/scd_17042017_9  and http://docs.eaeunion.org/docs/ru -
ru/01415 217/scd_10112017_16  (Russian only).  
92 Including e.g. monitoring HS changes , submitting proposals so that the EAEU nomenclature complies 
with international standards and the drawing -up concordance tables basis of the Commodity Nomenclature of 
Foreign Econom ic Activity  WT/R EG358/1  
 
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  b. setting tariff rates and tariff -rate quotas in the CET (Article 45 of the EAEU Treaty) . Any 
decision taken by the Commission to modify tariffs is subject to approval by the Eurasian 
Supreme Council;  
c. dealing with tariff exemptions and tariff preferences (Articles 43 and 101:5 of the EAEU 
Treaty, and Article 49 of the Customs Code). The establishment of a common list of tariff 
exemptions, as well as their conditions, procedures and list of beneficiary c ountries is of 
the competence of the Commission ; and 
d. the Commission has competence to determine the conditions and procedures for 
applying the EAEU's common system of tariff preferences, including approval of the list 
of developing/least -developed countrie s, as well as goods which benefit from it  
5.31.   The Commission  also assist s member States with respect to the elimination of restrictive 
measures in their trade with third parties - in particular for access to markets, monitoring of 
restrictions and in the conte xt of trade disputes (Article 39);  and decide s on the introduction of 
retaliatory measures on trade with a third -party (Article  40); 
5.32.   The Council  of the Commission, c onsist ing of deputy Heads of Governments of member 
State s, operational izes the i ntegration processes and manages the work of the Commission ; 
planning future integration is among its key responsibilities. It adopts its decisions, instructions 
and recommendations by consensus. In case consensus is not reached the issue is handed over to 
the Suprem e Council or the Intergovernmental Council. Proposals to alter or reverse Collegium  
decisions may be submitted by an EAEU Party or a member of the Council within 15 days from 
their publication; detailed procedures are laid down on the stages and timeframes  for the 
consideration of such a request.  
5.33.   The Collegium  is the Commission's executive body. Its composition , approved by the 
Supreme Council for a four -year term  subject to exten sion, is based on the principle of equal 
representation of member States . The Collegium  presents to the Council of the Commission an 
annual report on its activities.  Its members are employees of the Commission and are independent 
from State bodies . The following are some of the Collegium 's functions:  
a. developing proposals concerning the integration process and consolidating proposals 
submitted by the member State s; 
b. implementing  decisions and instructions adopted by the Supreme and Intergovernmental 
Council s, as well as decisions of the Council of the Commission;  
c. developing recommendations on the issues of formation, functioning and development of 
the Union;  
d. representing the Commission in judicial bodies, including the Court of the Union;  
e. drafting international treaties, decisions of the Council of the Commission and other 
documents necessary for the realisation of the Commission's competences.  
5.34.   Since the entry into force of the E AEU in 2015, the composition of these bodies has been 
modified at least twice on the occasion of the accessions of Armenia and the Kyrgyz Republic.  The 
Collegium  is composed of ten members , two from each member State, one of which acts as the 
Chair.93 The Commission's activities are divided into ten functional areas headed by its Member of 
the Collegium , totalling 23 Departments.94 The Commission 's headq uarters are in Moscow.  
                                                
93 Transition clauses in both Armenia's and Kyrgyz Republic's Accession Treaty provides that from their 
accession up to February 2016, they would be represented in the Collegium by respectively three and two 
members, each holding a single vote, without assignment of areas of competence.  
94 The Collegium's Chairman is in charge of the Departments of Protocol and Organization; Finance; 
Legal; Administrative and Information Technology . The remaining 18 departments are distributed under nine 
functiona l areas : Development of Integration and Macroeconomics; Economy and Financial Policy; Industry and 
Agriculture; Trade; Technical Regulation; Customs Cooperation; Energy and Infrastructure; Competition and 
Antitrust Regulation; and Internal Markets, Informa tion Support, Information & Communication Technologies.  WT/REG358/1  
 
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  5.6  Dispute settlement  
5.35.   The EAEU Treaty establishes , under Article  19, a permanent judicial body – the Court of the 
EAEU ( hereafter " the Court "). The Court comprises two judges from each member State  appointed 
by the Supreme Council. Detailed provisions about the Court are found in the Statute of the 
Court95 and in its Rules of Procedure (respectively, in Annex 2 to the Treaty, and as per Decision 
No 101 of the Supreme Council, of December 2014) . 
5.36.   The Court operates in both the settlement of disputes - referred to as "c ontentious 
proceedings " - and in advisory opinion proceedings , where it interpret s the legal instruments under  
its jurisdiction , namely the EAEU Treaty, intra -Union treaties and decis ions by the Union's bodies. 
Member State s may confer on the Court jurisdiction over other disputes if the Treaty, an intra -
Union treaty, an international treaty of the Union with a third party, or another international treaty 
concluded between the member S tates, expressly provides that such disputes shall be settled by 
the Court (paragraph 40 of the Statute). Only the Court may rule on whether it has jurisdiction to 
consider a particular dispute; claims for damages or any other pecuniary claims cannot be ru led on 
by the Court.  
5.37.   In dispute settlement , the Court rev iews the conformity of the concerned law vis-à-vis 
superior laws. In addition, the Court has the power to declare that a member State  has failed to 
observe the Treaty, an intra -Union treaty or a dec ision by a body of the Union; or that the 
Commission's action or omission is contrary to the Treaty or an intra -Union treaty.  
5.38.   Member State s and business entities96 may apply to the Court in contentious proceedings. 
While member State s may initiate proceedings on all of the issues referred to in paragraph  
5.36.    above , a business entity may do so only on decisions, actions o r omissions of the 
Commission that concern the entrepreneurial or other economic rights of that business entity . 
There are no Court fees except for b usiness entities filing a claim ; the fees will be returned to the 
business entity in case the claim is succ essful . If another member State  or the Commission 
considers that the dispute may affect its interests, it may request to join the case as third -party.  
5.39.   A member State , a body of the Union as well as employees of the bodies of the Union 
(vis-à-vis employment  issues) are entitled to file a request for an advisory opinion of the Court as 
regards an interpretation of the Treaty, intra -Union treaties and decisions by the Union's bodies.  
5.40.   Article 50 of the Statu te of the Court defines the sources of law to be applied by the Court in 
adjudicatory process es. These include: the universally recogn ized principles and rules of 
international law; the  EAEU  Treaty, intra -Union treaties and other international treaties to which 
the parties to the dispute are parties ; dec isions and orders of the bodies of the Union; and 
international custom as evidence of general practice  accepted as law. The application to the Court 
in relation to any intra -Union treaty or a decision by the Commission does not lead to the 
suspension of th e treaty or the decision, unless explicitly provided for by the EAEU Treaty.  
5.41.   Court procedures and composition differ according to the matter under consideration:  
a. the Grand Chamber , consist ing of all judges of the Court , deals with contentious cases 
brough t by member State s and requests for advisory opinions;  
b. the Chamber, consisting  of only one judge from each member State  deals with disputes 
initiated by business entities;  and 
c. the Appellate Chamber , composed of the judges that did not participate in the hearing of 
the case by the Chamber whose judgement is under appeal, hears appeals on 
judgements by the Chamber, which must be submitted within 15 calendar days following 
the issuance of the judgement ( Article 62 of the  Rules of Procedure ).  
                                                
95 The Court Statute contains eight Sections: General Provisions and Legal Status of the Court; 
Composition of the Court; Court administration and Status of officials and other employees; Court jurisdi ction; 
Court procedure; Specialized groups; Judicial acts and Final provisions . 
96 A business entity is defined in paragraph 39:2 of the Statute of the Court as a legal entity registered 
under the laws of a Member State or a third state, or a natural person  registered as a business under the laws 
of a Member State or a third state.  WT/R EG358/1  
 
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  5.42.   The applicant is to first attempt to settle a dispute through consultations, negotiations, or 
other pre-trial means before submitting it to the Court;  a claim may be brought to the Court three 
months after the date of the receipt of application to settle the dispute unless the  disputing parties 
agree to submit the dispute to the Court before the end of this period (paragraph s 44 and 45  of 
the Statute of the Court). At any stage of the hearing of a case the dispute may be settled by th e 
disputing parties (paragraph 67 of the Statute) . 
5.43.   To assist the Court in discharging its duties in disputes involving industrial subsidies, 
measures of support in agriculture or the application of trade defence  measures, Chapter VI of the 
Statute of the C ourt envisages the creation of expert review groups (consisting of three experts). 
Reports by expert review groups are not binding on the Court, except their conclusions concerning 
the application of compensatory  measures in cases where an industrial subsi dy or measures of 
support in agriculture were found to exist (paragraph 92 :3 of the Statute of the Court).  
5.44.   In accordance with paragraph 96 of its Statute s, the Court must issue a final judgement on 
the matter or an advisory opinion within 90 days of receipt of the application. In disputes involving 
industrial subsidies, measures of support in agriculture, or the application of trade defence 
measures , this period may be extended to 135 days (Article 37.2 of the Rules of Procedure). 
Article 68 of the R ules of Procedure prescribes that the Appellate Chamber must review the appeal 
within 45 calendar days following the da te of its receipt.  
5.45.    The Court's judgements in dispute settlement cases are binding, which is not the case for 
its advisory opinions . The Court adopts its judgements and advisory opinions by majority vote with 
the presiding judge voting last (Articles 77.3 and 85 of the Court's Rules of Procedure).  Its 
judgements may not amend, annul or create legal rules. The means of implementation of its 
judgements is determined by the disputing parties  (paragraph 103 of the Statute s of the Court). In 
case of non -compliance with the judgement, the Supreme Council may decide on the matter.   
5.46.   If the Court declares a decision by the Commission, in whole or in  part, inconsistent with the 
Treaty or an intra -Union treaty, that decision will remain in force until the Commission implements 
the judgement. The departure from this rule is provided in paragraph 112 of its Statu tes, which 
grants the Court the power to s uspend the Commission's decisions found to be non-compliant . The 
Commission must comply with such a judgement of the Court within a reasonable period of time 
not exceeding 60 calendar days from the date  of the judgement, unless the judgement provides 
for a different deadline.  
5.47.   Investor -State disputes are considered in accordance with the Services and Investment 
Protocol . The dispute that cannot be settled through negotiations within a 6 -month period shall be 
submitted, at the choice of the investor, to eith er: the Court of the host State; International 
Commercial Arbitration at the Chamber of Commerce of any member State agreed by the parties 
to the dispute; an ad -hoc arbitration court; or the International Centre for Settlement of 
Investment Disputes. Arbit ration awards are final and binding upon the parties. Each member 
State undertakes to enforce this decision in accordance with its legislation (paragraph  85). 
5.48.   Chart  5.2 below summarises the main steps of the dispute settlement mechanism 
established by the Treaty.  WT/REG358/1  
 
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  Chart  5.2 Summary of the EAEU's Dispute Settlemen t and Advisory Proceedings  
Advisory Opinion     Dispute Settlement/Contentious Proceedings  
(para. 46 –47 of the Statute)        (para . 39 of the Statute)    
     
 
 
 
 
 
 
 
  Consultations  (para. 43)  
Grand Chamber proceeding  
(paras. 71, 73 -74) Chamber proceeding  
(para. 76)  
Appellate Chamber 
judgement (Art. 68 of 
the Rules of Procedure)  
 Implementation by the Member 
State (para. 99) or 
Implementation by the 
Commission (para. 100) Implementation by the 
Commission (para. 100)  Appeal  
(para. 110)  3 months  
(or less if mutually 
agreed, para. 44 -45) 
90 days if no Sp. Group 
(para. 96)  
135 days if Sp. Group 
(Art. 37:2 of the Rules of 
Procedure)  Specialized Group establishment (paras. 82 -84) 
Specialized Group findings (para. 90)  
Grand Chamber judgement  
(para. 96 or 98)  Chambe r judgement  
(para. 96)  3 months  
(or less if mutually 
agreed, para. 44 -45) 
15 days  
45 days  
Implementation by 
the Member State  
 (para. 113)  Implementation 
by the 
Commission 
(para. 100)  60 days  
Supreme Council to 
intervene upon 
Member's request  
 (para. 114)  If no 
implementation  
Court to intervene 
upon business 
entity request 
(para. 115)  
15 days  
Supreme Council to 
intervene  
(para. 115)  Grand Chamber 
advisory opinion 
issued (paras. 85  
and 96 of the  
Rules of Procedure )  90 days  WT/R EG358/1  
 
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  5.7  Relationship with other agreements concluded by the Parties  
5.49.   The EAEU Treaty 's disciplines as regards trade agreements with non -parties are contained  in 
Articles 7, 33-35, 38 and 102. The Treaty differentiates between trade agreements concluded by 
the EAEU collectively and those of its member States , in particular : 
a. With regard to fo reign trade, MFN treatment shall be applied within the meaning of the 
GATT 1994 in cases and under the conditions where the use of MFN treatment is 
provided for by international treaties of the Union with a third party, as well as by  
international treaties  of the m ember States with a third party ; 
b. member States are not allowed to conclude individual RTAs providing tariff preferences 
to a third party; these are reserved for the EAEU collectively . The granting of tariff 
preferences by the  member State s in accordance with their respective RTAs which had 
entered into force before 1 January 2015  is allowed by Article 102.1  of the EAEU Treaty, 
but such RTAs are subject to further  unification .  
5.50.   Article 50 of the EAEU Treaty clarifies that free -trade agreement s concluded between the 
EAEU and a third country may provide for the right to apply measures to protect the internal 
market on a bilateral basis, different from safeguard, anti -dumping and countervailing measures, 
including those in relation to agricultura l import s. The decision to apply such measures shall be 
taken by the Commission.  
5.51.   Table 5.1 lists all other RTAs notified and not notified to the GATT/ WTO and in force to 
which EAEU member States, either individually or collectively, are Part ies. 
Table 5.1 EAEU member State s: Participation in other RTAs (notified and non -notified in 
force), as of April  2018 
RTA Name  Date of 
entry into 
force  Coverage  GATT/WTO Notification  
Year WTO Provision  
EAEU member State s - Collectively  
EAEU – Viet Nam  05-Oct-16 Goods & Services  2017 GATT Art. XXIV & GATS Art. V  
EAEU - Accession of the Kyrgyz Republic  12-Aug-15 Goods & Services  2015 GATT Art. XXIV & GATS Art. V  
EAEU - Accession of Armenia  02-Jan-15 Goods & Services  2014 GATT Art. XXIV & GATS Art. V  
Individual EAEU member State s 
BELARUS  
Treaty on a Free Trade Area between 
members of the CISa 20-Sep-12 Goods  2013 GATT Art. XXIV  
Ukraine - Belarusb 11-Nov-06 Goods  2008 GATT Art. XXIV  
Common Economic Zone (CEZ)c 20-May-04 Goods  2008 GATT Art. XXIV  
Russian Federation - Belarus - Kazakhstan  03-Dec-97 Goods  2012 GATT Art. XXIV  
Belarus -Serbia  31-Mar-09d Goods  Not applicable; non -WTO Members 
KAZAKHSTAN  
Treaty on a Free Trade Area between 
members of the CISa 20-Sep-12 Goods  2013 GATT Art. XXIV  
CEZ c 20-May-04 Goods  2008 GATT Art. XXIV  
Armenia - Kazakhstanb 25-Dec-01 Goods  2004 GATT Art. XXIV  
Georgia – Kazakhstan  16-Jul-99 Goods  2001 GATT Art. XXIV  
Ukraine - Kazakhstanb 19-Oct-98 Goods  2008 GATT Art. XXIV  
Russian Federation - Belarus - Kazakhstan  03-Dec-97 Goods  2012 GATT Art. XXIV  
Kyrgyz Republic - Kazakhstanb 11-Nov-95 Goods  1999 GATT Art. XXIV  
Kazakhstan - Serbia   10-Jan-12 Goods  Non-notified  
RUSSIAN FEDERATION  
Treaty on a Free Trade Area between 
members of the CISa 20-Sep-12 Goods  2013 GATT Art. XXIV  
Russian Federation - Serbia  03-Jun-06e Goods  2012 GATT Art. XXIV  
CEZc 20-May-04 Goods  2008 GATT Art. XXIV  
Russian Federation - Belarus - Kazakhstan  03-Dec-97 Goods  2012 GATT Art. XXIV  
Georgia - Russian Federation  10-May-94 Goods  2001 GATT Art. XXIV  WT/REG358/1  
 
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  RTA Name  Date of 
entry into 
force  Coverage  GATT/WTO Notification  
Year WTO Provision  
Russian Federation - Turkmenistan  06-Apr-93 Goods  2013 GATT Art. XXIV  
Russian Federation - Uzbekistan  25-Mar-93 Goods  2013 GATT Art. XXIV  
Russian Federation - Azerbaijan  17-Feb-93 Goods  2012 GATT Art. XXIV  
a  WTO Notifications (WT/REG343/N/1 -2) indicate that the parties to this Treaty are as follows: 
Armenia, Belarus, Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Tajikistan 
and Ukraine.  
b  Article 23.2 of the  Treaty on a Free Trade Area between Members of the CIS st ates that: "The 
Parties have agreed that from t he date of entry into force of this Treaty, they will take measures for 
terminating bilateral international treaties existing between them in the manner and within the 
terms stipulated by such treaties, unless the Parties have not agreed otherwise".  In thi s regard, 
relevant authorities indicated that all corresponding bilateral agreements are still in force.   
c  CEZ Parties are: Belarus, Kazakhstan, Russian Federation and Ukraine.  The CEZ is a framework 
agreement and does not introduce any kind of preferential treatment among its parties.  
d Provisional application.  
e Provisional application of the Agreement by all signatory parties since 3 June 2006. Amended 
Protocols have been in force as of 3 April 2009 and 22 July 2011.  
Source:  WTO Secretariat.  
 
5.8  Government procurement  
5.52.   EAEU disciplines on government procurement are contained in the Treaty's Section XXII on 
"Government (Municipal) Procurement" (Article 88) and the "Protocol on Regu lation of 
Procurement" (Annex 25). Its disciplines apply to  procurement o f goods and services , excluding 
procurement constituting a State secret(s) as well as member States ' Central banks procurement 
for administrative purposes, construction work and capit al repair, which take place in accordance 
with their internal rules for procurement .  
5.53.   Section II of Annex 25  and relevant Appendixes  lay down the disciplines applying for 
different forms of procurement methods, as follows : 
a. open tender, where two -stage proc edures and preliminary qualifying selection can be 
applied  - paragraph 1 of Appendix 1;  
b. price proposals request (request for price quotations)  - paragraph 5 of Appendix 1 ;  
c. request for proposals , if provided by the procurement legislation of a member State  - 
paragraph 6 of Appendix 1 , Appendix 2 and relevant parts of Appendix 3 ; 
d. open electronic auction  - paragraph 7 of Appendix 1  and appendix 4 ; 
e. commodity exchange s, if provided by the procurement legislation of a member State  - 
Appendix 4 ; and 
f. procurem ent from a single source or a single supplier  - paragraph 10 of Appendix 1 and 
Appendix 3 . 
5.54.   As of 1 January 2015, n ational treatment is granted in all procurement of goods, works and 
services by each member State (Annex 25, Section III) . Member States shall  endeavour to 
conclude all the procurement agreements/contracts in electronic form by 2016. As for exemptions 
from national treatment the Member States may introduce them in exceptional cases and for a 
period not exceeding two years.  No monetary thresholds  apply.  Member States maintain their 
national legislation on procurement.  
5.55.   As provided for in p aragraph  29 of Annex 25 , for the purposes of openness and 
transparency in government procurement , each EAEU member State was to create  a web -portal on 
government procurement. The EAEU does not have a single web -portal on government 
procurement . The w eb-portal of each EAEU member State contain s legal acts in the sphere of WT/R EG358/1  
 
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  procurement, the register of unfair suppliers97 and the following in formation on public 
procurement: notice of procurement; procurement documentation and any additional clarifications 
(including the draft procurement contract); changes to such notices and/or documentation; 
protocols executed in the course of the procuremen t process; information on the result of the 
procurement procedure; details of procurement contracts; information about the result of 
execution of the procurement agreement and on the receipt of complaints (their contents, 
decisions upon consideration and w arrants). All documents are also available in Russian, in 
addition to the national language.  
5.56.   The Commission and m ember States ' procurement regulatory and supervisory authorities  
hold regular meetings (at least three times a year) to discuss law enforcemen t, information 
exchange, harmonization of legislation and the joint development of a methodological manual  for 
procurement services.  
5.57.   As of January 2018, the Russian Federation is in the process of accession to the WTO's 
Government Procurement Agreement while Kazakhstan has observer status .  
5.9  Intellectual property rights  
5.58.   EAEU disciplines on intellectual property address ing all categories under the WTO Trade -
Related Aspects of Intellectual Property Rights (TRIPS) Agreement are  contained in the Treaty's 
Section XXIII on "Intellectual Property" (Articles 89 -91) and the "Protocol on Protection and 
Enforcement of Intellectual Property Rights" (Annex 26). WTO disciplines on anti -competitive 
practices are also not addressed in the Tr eaty. 
5.59.    Besides, the "Draft Agreement on Trademarks, Service Marks and Appellations of Origin of 
the EAEU"98 (hereafter the "Draft Agreement on EAEU Trademarks" ) was approved by Collegium  
Disposition No 23/2016.  This Agreement is expected to enter into force  in 2019, following the 
completion of ratification procedures (see paragraph  5.63.  below) . The Agreement foresees the 
introduction of the "EAEU trademark " and "appellation of origin of the EAEU goods ", 
simultaneously protect ing rights to EAEU trademarks and EAEU appellation of origin in all of the 
EAEU territory . 
5.60.   The Russian Federation accepted amendments to the TRIPS Agreement in September 2017; 
Kazakhstan fully implemented the TRIPS Agreement in November 2015. National treatment is 
granted in line with Article 3 of the TRIP S Agreement (Article  90.1).  
5.61.   While member States are allowed to maintain their domestic legislation on intellectual 
property rights (IPRs), Article 89 provides for cooperation towards their harmonization. Articles 90 
and 91 stipulate that m ember States per form their activity in the protection and enforcement of 
IPRs in accordance with international treaties. Further enforcement provisions are foreseen with 
regard to IPRs, including measures provided in the EAEU Customs Code and international treaties 
and ac ts of the EAEU on customs regulations (Section XIII of the Protocol on IPRs).  IPR holders 
can apply for the registration of  their IPRs in the national customs register of IP objects of their 
own State  or in the unified customs register of IP objects of the EAEU member States.  
5.9.1   Copyright and Related Rights  
5.62.   The terms of protection in EAEU members States are as follows:  
a. with respect to works of science, literature and arts , they  last for the life of a nat ural 
person  plus 50 years  in Belarus and plus 70 years in Kazakhstan and the Russian 
Federation;  
b. for performers and producers of phonograms , the life of a natural person plus 70 years  
in Kazakhstan and plus 50 years in Belarus and the Russian Federation, computed from 
                                                
97 Unfair suppliers are potential suppliers who avoided concluding procurement agreements;  suppliers 
that did not fulfil, or fulfilled unduly, their commitments under procurement a greements;  and suppliers with 
whom the customer had unilaterally terminated the procurement agreement during its execution whenever it 
had been e stablished that the selection had been  based on false information . 
98 https://docs.eaeunion.org/docs/en -us/0149745/clco_10032016_23  (in Russian).  WT/REG358/1  
 
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  the end of the calendar year in which the fixation was made or the performance took 
place.   
5.9.2   Registration of t rademarks , service marks and appellations of origin  
5.63.   The term of registration of trade marks is 10 years, with unlimited renewal  for a maximum 
period of 10 years each time  (Annex 26, Sections III -V). The Draft Agreement on EAEU 
Trademarks regulates relations in connection with registration, legal protection and use of 
trademarks /appellation of origin  of the EAEU in its member States.  In particular, the Agreement 
provides for the submission of one application for the Union trademark/ appellation of origin  in any 
of the patent offices of the member States; obtaining a single protective title in the territory of the 
Union; a single window  for the Applicant's needs; a Single Register for the Union 's trademarks and 
one for  the Union 's appellation s of origin , both posted on the official website of the Union; and 
comprehensive legal protection . The Union's trademark s/appellation s of origin  will co-exist 
alongside national  ones, and b rand owners will have the option of applying for one or the other, or 
both. Under the Union's  regime, a brand owner may file an application in the local national 
trademarks office of any one of the member States  where it has an accredited place of business.  
Examination of the application is done by all of the national office s. A favorable decision leads to 
the grant of a trademark; in cases of a negative opinion  by a member State, an appeal can be 
filed. In the a bsence of an appeal, or if the appeal is rejected, the application is rejected. The 
applicant can therefore either try to overcome the negative opinion  by narrowing the list of goods 
or alternatively  move towards applying for trademarks/GIs in individual m ember States. The 
Agreement also allows the conversion of a national application in to an Union application. An Union 
Trademark registration can be enforced, or invalidated, in each member State  under its local laws . 
The principle of the regional exhaustion  of exclusive rights applies to trademarks and EAEU 
trademarks.  
5.9.3   Geographical indications  
5.64.   Geographical indications (GIs) are protected in the territory of a member State  if such 
protection is provided under its legislation or international treaties of which it is a member  (Annex 
26, Section VI) . Provisions on the appellation of origin of goods  define the denomination which is 
recogn ized as appellation of origin, legal means for interested parties to prevent the misuse of 
denomination, or acts of unfair competition  in individual member States  (Annex 26, Section VII) . 
Once the Draft Agreement on EAEU Trademarks is in force, t he appellation  of origin of EAEU goods 
will be  protected in  the territory of all member States  in accordance with the provisions of that 
Agreement (Annex 26, Section  VIII). 
5.9.4   Patent rights  
5.65.   Patent terms are the same as in the TRIPS Agreement , at 20 years for inventions  and five 
years for utility models and for industrial designs  (Annex 26, Section IX) . The p rotection of plant 
varieties and animal species is provided  in accordance with the legislation of member States (these 
are addressed in Annex 26, Section X on " Selectio n achievements "). 
5.9.5   Topographies of integrated circuits  
5.66.   Topographies are protected in accordance with the legislation of member States  (Annex 26, 
Section XI) . Besides, under the EA EU Treaty , authors of topographies of integrated circuits have 
exclusive rights over them for 10 years (as in the TRIPS Agreement), and a right over their 
ownership . If so provided by member States legislation, right s holders might also have the right of 
remuneration for their use. 
5.9.6   Trade secrets  
5.67.   Trade secrets shall b e understood as data of any character (industrial, technical, economic, 
organizational, etc.), including the results of intellectual activity in the scientific -research sphere, 
as well as data on methods of professional activity that have valid or potentia l commercial value  
(Annex 26, Section XII) . Legal protection for trade secrets (know -how) is provided a ccording to 
the legislation of m ember States.  WT/R EG358/1  
 
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  5.9.7   Enforcement  
5.68.   While the enforcement of IPRs is under national legislation, Section XIII of Annex 26 states 
that the coordination of member States' activities of enforcement of IPRs within the EAEU  will be 
carried out in accordance with international treaties concluded within the EAEU.  EAEU member 
States have developed two international treaties on enforcement of IPRs, namely the "Treaty on 
Coordination of Enforcement of IPRs " of 8 September 2015 and the "Regulation on information 
interaction of the authorized bodies of the member States of the EAEU  and the Eurasian Economic 
Commission in the field of enforcement of IPRs"  of 30 August 2016 (entered into force on 19 July 
2016 and 1  October 2016 , respectively ).  
5.10  Other  
5.10.1   Competition  
5.69.   The Treaty contains disciplines regarding competition policy, in Section XVIII (Articles 74 -
77) and the Protocol on Common Principals and Rules of Competition (Annex 19). They establish 
common principles and rules of competition aimed at preventing anti -competitive actions in the 
territories of member States, and actions having  a negative impact on competition in the trans -
boundary markets in the territories of two or more member States.  EAEU rules on competition 
apply to natural monopolies taking into account the specific disciplines relating to natural 
monopolies.  
5.70.   The main disciplines include :  
a. prohibitions of coordinated business activities  under certain conditions , horizontal and 
vertical agreements  under certain conditions , unfair competition  (Article 76) ; 
b. control over the observance of these rules and penalties for their vi olation (Annex 19);  
c. disciplines on the introduction of State price regulation of specific goods and services in 
specific circumstances, such as emergencies, natural disasters, national security issues, 
and interim measures for certain types of goods in specific territories  (Article 77 of the 
Treaty and Section VII of Annex 19)99. While the Commission, upon request by an EAEU 
member State, can decide on the need to repeal the regulated price, its competence 
does not extend to the services sector, natural m onopolies, state procurement and 
intervention, nor to a list of goods, including natural gas; liquefied gas for household 
needs, electric and heating energy, etc. ; 100 and 
d. interaction between competent authorities of the m ember States and the Commission . 
5.71.   The Commission may request all information necessary for ensuring  the observance of 
common competition rules in transboundary  markets. Information – also of a confidential nature – 
is to be supplied by member States' bodies, local executive bodies, other bodies or organizations 
performing relevant functions, juridical persons and individuals . The EAEU Commission submits an 
annual report to the Supreme Council on the state of competition in transboundary  markets and 
measures taken to prevent violations of c ommon rules of competition. The approved report and all 
decisions in cases of violation s of common competition rules are published on the official website 
of the Commission.  
5.10.2   Labour  
5.72.   Beyond mode 4 -related issues, the Labour Migration Section of the EAEU Tre aty calls on 
member States to cooperate and coordinate policies in this area (Article 96 of the Treaty). The 
following disciplines apply vis-à-vis "member State workers ",101 defined as "a person who is a 
citizen  of a member State lawfully residing and lawful ly performing work within the territory of the 
                                                
99 All three member States have regulated prices for a number of goods and services.  
100 The other products are vodka, liquor and other alcohol pro ducts with strength above 28% (minimum 
price); ethyl spirits from food raw material (minimum price); solid and heating fuel; production of nuclear 
energy cycle; kerosene for household needs; oil products; pharmaceuticals; and tobacco products  
101 The same applies to their family members . WT/REG358/1  
 
- 92 - 
 
  State of employment, of which he is not citizen and who does not permanently reside in it  (Article 
98): 
a. their social welfare /insurance  is provided on the same terms and conditions as those of 
citizens of the State where they are employed , except as it relate s to pensions;  
b. retirement is regulated by the legislation of the State of permanent domicile . As of April 
2018, discussions were being held on a draft agreement on unified pension regulation ; 
c. they have the right to join trade unions on par with the citi zens of the State where they 
are employed ; 
d. they are subject to rights and obligations stipulated by the legislation of the State where 
they are  employ ed and of the employer ; and  
e. reven ues received as a result of their work in the territory of the State where they are 
employ ed shall be subject to taxation in accordance with international agreements and 
the legislation of the State where they are employed  subject to the provisions of th e 
EAEU  Treaty.  
5.73.   A Protocol on the Provision of Medical Care to the Member States Workers and to their 
Family Members is contained in Annex 30 to the EAEU Treaty.  
5.10.3   Other  
5.74.   The Treaty contains disciplines and provides for Members  to carry out coordinated policy in  
various other  fields, including  information and information technology (Article 23  and Annex  3) and 
consumer rights protection (Articles 6 0-61). 
5.75.   A series of disciplines are spelled out concerning taxes and taxation  (Articles 71 -73). In 
particular, they provide for national treatment of like products as regards taxation. The 
harmonization of excise taxes on the most sensitive excisable goods is also foreseen.  
5.76.   Beyond specific references to the protection of the environment in the cont ext of e.g. 
general exceptions, exceptions to the internal market, TBT, etc - all of which are referred to 
elsewhere in this Factual Presentation - the EAEU Treaty has no specific legal instrument dealing 
with this issue.  WT/REG358/1  
 
- 93 - 
 
 
 
  
 
 ANNEX 1  
1. Table A1.1 presents the structure of the CET/Russian Federation applied tariff from 2010 to 
2016, when the Russian Federation became a WTO Member. The average MFN applied rate initially 
increased from an average of 10.2% in 2010 to 10.4% in 2012, when the customs uni on was 
established and the Russian Federation acceded to the WTO, but has since been progressively 
reduced to 8.7% in 2015 and 8.3% in 2016. In terms of categories of products, in 2015 WTO 
Members faced an average tariff of 7.1% when exporting a non -agricu ltural product to Russian 
Federation, while average tariffs imposed upon their exports of agricultural products were twice as 
high (i.e. 14.5%). In 2015, slightly less than one -fifth of the tariff lines for non -agricultural tariffs 
were duty -free; the corr esponding figure for agricultural products was 6.4%. If only dutiable lines 
are considered, other EAEU member S tates benefitted in 2015 from an average margin of 
preference of 15.6% for agricultural products and of 8.6% for non -agricultural products. Figur es 
for 2015 and 2016 also apply to Belarus.  
 
Table A1. 1 Russian Federation and Belarus (2015 -2016): Indicators of applied tariffs, 
CET 
Year All Products  Agricultural Productsa Non-agricultural products  
No. of 
lines  Average  
applied tariff  
% of  
duty-
free No. of 
lines  Average  
applied tariff  
% of 
duty-
free No. of 
lines  Average  
applied tariff  
% of 
duty-
free Overall  
On 
dutiable  
Overall  
On 
dutiable  
Overall  
On 
dutiable  
2010 11,170  10.2 12.0 14.2 2,453  16.7 17.7 5.1 8,717  8.6 10.3 16.7 
2011 11,237  10.2 12.0 14.4 2,486  16.6 17.8 6.1 8,751  8.5 10.3 16.8 
2012 11,123  10.4 12.1 14.0 2,579  16.7 17.7 5.2 8,544  8.6 10.3 16.7 
2013 11,281  10.1 11.8 14.2 2,648  15.9 17.0 6.0 8,633  8.4 10.1 16.7 
2014 11,638  9.4 11.1 14.8 2,683  15.2 16.3 6.3 8,955  7.8 9.4 17.3 
2015b 11,711  8.7 10.2 14.9 2,684  14.5 15.6 6.4 9,027  7.1 8.6 17.4 
2016b 11,610  8.3 10.0 16.1 2,683  14.5 15.5 6.3 8,927  6.5 8.1 19.0 
2017- 
2020 … … … … … … … … … … … … 
Note:  
a  WTO Definition.  
b Also with respect to Belarus.  
… Not available.  
 Tariffs as of 1 January.  
 No data yet on the MFN tariffs of Russia for the years 2017 to 2019.  
 For the calculation of averages, specific rates are excluded and the ad valorem parts of alternate 
rates are included.   
 For 2016, the calculati on of averages include AVEs where the data is sourced from the WTO TPR of 
Russia for 2016; excludes products subject to in -quota rates.  
 Based on the HS 2007 nomenclature (2010 -2011) and HS 2012 nomenclature (2012 -2016).  
Source:  WTO Secretariat estimates  based on WTO -IDB, WTO -TPR databases and Trade Analysis Information  
Systems (TRAINS).  
 
2. The structure of Kazakhstan's tariff in 2015, upon its accession to the WTO, and in 2016 is 
presented in Table A1.2. The average MFN applied rate decreased from 8.0% in December 2015 to 
7.4% in December 2016 – both lower than the CET. In terms of categories of products, in 2015 
WTO Members faced an average tariff of 12.3% when exporting an agricultural product to 
Kazakhstan, while the average was around half of that for non -agricultural products – 6.8%. In 
2015, 6.7% of the tariff lines on agricultural products were duty -free, while the equivalent figure 
for non -agricultural products was 17.7%. If only dutiable lines are considered, Belarus and Russian 
Federation - Kazakhstan's partners in the Union - benefitted in 2015 from an average margin of 
preference of 13.3% for agricultural products and of 8.3% for non -agricultural products.  WT/REG358/1  
 
- 94 - 
 
 
 
  
 
 Table A1. 2 Kazakhstan: Indicators of applied tariffs  
Year All Products  Agricultural Productsa Non-agricultural products  
No. of 
lines  Average  
applied tariff  
% of  
duty-
free No. 
of 
lines  Average  
applied tariff  
% of 
duty-
free No. 
of 
lines  Average  
applied tariff  
% of 
duty-
free Overall  
On  
dutiable  
Overall  
On  
dutiable  
Overall  
On  
dutiable  
2015b 11,711  8.0 9.5 15.2 2,684  12.3 13.3 6.7 9,027  6.8 8.3 17.7 
2016c 11,610  7.4 8.9 16.1 2,683  11.8 12.6 6.6 8,927  6.1 7.6 18.9 
2017-2023 ... ... ... ... ... ... ... ... ... ... ... ... 
2024  All tariff lines are harmonized with the CET.  
Note:  
a  WTO Definition.  
b  Kazakhstan's  2015 tariffs as of 1 December 2015  - 30 November 2016 . 
c  Kazakhstan's 2016 tariffs as of 1 December 2016  - 30 November 2017 . 
...  No information from 2017 to 2019 as Kazakhstan's list of exceptions differ s per year.  
 For the calculation of averages, specific rates are excluded and the ad valorem parts of alternate  
rates are included.  
 Based on the HS 2012 nomenclature.  
Source:  WTO Secretariat estimates based on WTO -TPR database and Kazakhstan authorities  and WTO -IDB. 
  WT/REG358/1  
 
- 95 - 
 
 
 
  
 
 ANNEX 2  
LIST OF TERMINATED A GREEMENTS UNDER AN NEX 33 OF THE EAEU TR EATY 
Table A 2.1 List of terminated Agreements under Annex 33 of the EAEU Treaty  
№ Titles of the International Treaties  
I. International Treaties that shall be terminated on the date of entry into force of the EAEU Treaty  
1. Treaty on Creation of the Common Customs Territory and Formation of the Customs Union of 6 October 
2007.  
2. Protocol on the Order of Entering into Force of the International Agreements Forming the Legal Base of 
the Customs Union, Withdrawal from and Accession to Them of 6  October  2007.  
3. Agreement on Customs Statistics of External and Mutual Trade in Goods of the Customs Union of 25 
January 2008.  
4. Agreement on Single Customs and Tariff Regulation of 25 January 2008.  
5. Agreement on Single Non -Tariff Regulation Measures with regard to the Third Countries of 25  January 
2008.  
6. Agreement on Application of Special Safeguard, Anti -dumping and Countervailing Measures with regard 
to the Third Countries of 25 January 2008.  
7. Agreement on Principles of Levying of Indirect Taxes when Exporting and Importing Goods, Performing 
Works and Rendering Services in the Customs Union of 25  January  2008.  
8. Protocol on Granting Tariff Concessions of 12 December 2008.  
9. Protocol on Unified Application of Rules for Determination of Customs Valuation of Goods Transferred 
Across the Customs Border of the Customs Union of 12 December 2008.  
10. Protocol on Exchange of Information Required for Customs Valuation and Control Over Customs Value of 
Goods between Customs Bodies of the Republic of Belarus, the Republic of Kazakhstan and the Russian 
Federation of 12 December 2008.  
11. Protocol on Condi tions and Procedure for Use in Exceptional Cases of the Rates of Import Customs Duties 
Other than Common External Tariff Rates of 12 December 2008.  
12. Agreement on Types of Customs Procedures and Customs Regimes of 12 December 2008.  
13. Agreement on Order of Declaration of Customs Value of Goods Transferred Across the Customs Border of 
the Customs Union of 12 December 2008.  
14. Agreement on Order of Declaration of Goods of 12 December 2008.  
15. Agreement on Order of Calculation and Payment of Customs Fees in member states of the Customs 
Union of 12 December 2008.  
16. Agreement on Order of Control over Accuracy of Customs Valuation of Goods Transferred Across the 
Customs Border of the Customs Un ion of 12 December 2008.  
17. Agreement on Order of Customs Clearance and Customs Control in member states of the Customs Union 
of 12 December 2008.  
18. Agreement on Secretariat of the Customs Union Commission of 12 December 2008.  
19. Agreement on Conditions and Mechanisms of Application of Tariff Quotas of 12  December  2008.  
20. Agreement on the Introduction and Application of Measures Affecting Foreign Trade in Goods on the 
Common Customs Territory with Regard to the Third Countries of 9  June 2009.  
21. Agreement on the Rules of Licensing in the Area of Foreign Trade in Goods of  9 June 2009.  
22. Protocol on Order of Levying of Indirect Taxes and Mechanism of Control Over Their Payment on 
Exportation and Importation of Goods in the Customs Union of 11  December  2009.  
23. Protocol on Order of Levying of Indirect Taxes When Performing Works and Rendering Services in the 
Customs Union of 11 December 2009.  
24. Protocol on Order of Transferring of Foreign Trade Statistics and Mutual Trade Statistics Data of 11 
December 2009.  
25. Protocol on the Status of the Centre for Customs Statistics of the Commission of the Customs Union of 
11 December 2009.  
26. Agreement on Mutual Recognition of Accreditation of Certification (Conformity Assessment) Bodies and 
Testing Laboratories (centres) Performing Conformity Assessment of 11  December  2009.  
27. Agreement on the Movement of Goods Subject to Mandatory Conformity Assessment on the Customs 
Territory of the Customs Union of 11 December 2009.  
28. Agreement of the Customs Union on Veterinary and Sanitary Measures of 11  December  2009.  
29. Agreement of the Customs Union on Plant Quarantine of 11  December 2009.  
30. Agreement of the Customs Union on Sanitary Measures of 11 December 2009.  
31. Protocol of 11 December 2009 on Amendments to the Agreement on Principles of Levying of Indirect 
Taxes when Exporting and Importing Goods, Performing Works and Rendering Services in the Customs 
Union of 25 January 2008.  
32. Agreement on Establishment and Application of Procedure of Entering and Distribution of Import 
Customs Duties in the Customs Union (other duties, taxes and fees of equivalent effect) of 20 May 2010.  
33. Protocol of 21 May 2010 on Amendments to the Agreement of Customs Union on Plant Quarantine of 11 
December 2009.  WT/REG358/1  
 
- 96 - 
 
 
 
  
 
 № Titles of the International Treaties  
34. Protocol of 21 May 2010 on Amendments to the Agreement of Customs Union on Veterinary and Sanitary 
measures of 11 December 2009.  
35. Protocol of 21 May 2010 on Amendments to the Agreement of Customs Union on Sanitary Measures of 
11 December 2009.  
36. Protocol on Certain Temporary Exemptions from the Mode of Operation of Uniform Customs Territory of 
the Customs Union of 5 July 2010.  
37. Agreement on Application of Information Technologies in Exchange of Electronic Documents in Foreign 
and Mutual Trade within the Uniform Customs Territory of the Customs Union of 21 September 2010.  
38. Agreement on Establishment, Operation and Development of Integrated Information System of Foreign 
and Mutual Trade of the Customs Union of 21 September 2010.  
39. Agreement on Common Principles and Rules of Technical Regulation in the Republic of Belarus,  the 
Republic of Kazakhstan and the Russian Federation of 18 November 2010.  
40. Protocol on the Order on Submission to Authority Conducting the Investigation the Information including 
Confidential Information for the Purposes of Safeguards, Anti -dumping and Countervailing Investigations 
of 19 November  2010.  
41. Agreement "On Application of Safeguard, Anti -dumping and Countervailing Measures to the Third 
Countries in the Transitional Period" of 19  November  2010.  
42. Agreement on Legal Status of Natural Persons and Members of Their Families of 19  November 2010.  
43. Agreement on Rules of Access to Services of Natural Monopolies in the Sphere of Electro Energy, 
including Basics of Pricing and Tariff Policy of 19 November 2010.  
44. Agreement on State (Municipal) Procurement of 9 December 2010.  
45. Agreement on Common Rules of State Support of Agricultural Sector of 9 December 2010.  
46. Agreement on Common Rules for Granting Industrial Subsidies of 9 December 2010.  
47. Agreement on Common Principles and Rules of Competition of 9 December 2010.  
48. Agreement on Common Principles and Rules of Regulation of Activities of Natural Monopolies of 9 
December 2010.  
49. Agreement on Common Principles of Regulation in the Sphere of Protection of Intellectual Property 
Rights of 9 December 2010.  
50. Agreement on Organization, Management, Functioning and Development of Common Markets of Oil and 
Oil Products of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of 9 
December 2010.  
51. Agreement on Rules of Access to the Services of Natural Monopolies in the Sphere of Gas Transportation, 
Including Basics of Price and Tariff Formation of 9 December 2010.  
52. Agreement on Regulation of Access to the Services of Railway Transport, Includi ng Basics of Tariff Policy 
of 9 December 2010.  
53. Agreement on Coordinated Macroeconomic Policy of 9 December 2010.  
54. Agreement on Coordinated Principles of Monetary Policy of 9 December 2010.  
55. Agreement on Establishing Conditions on Financial Markets for Free Movement of Capital of 9 December 
2010.  
56. Agreement on Trade in Services and Investments of 9 December 2010.  
57. Agreement on Transport (automobile) Monitoring on the External Border of the Customs Union of 22 
June 2011.  
58. Protocol of 18  October  2011 on Amendments and Addenda to the Agreement on Application of 
Safeguard, Anti -dumping and Countervailing Measures to the Third Countries between the Republic of 
Belarus, the Republic of Kazakhstan and the Russian  Federation of 25  January  2008.  
59. Protocol on Procedure for Exchange of Information related to Payment of Import Customs Duties of 19 
October 2011.  
60. Treaty on Eurasian Economic Commission of 18 November 2011.  
61. Treaty on Interaction of Competent Authorities of member States of the Agreement on Coordinated 
Principles of Monetary Policy of 9 December 2010, implementing currency control of 15 December 2011.  
62. Agreement on Informational Interaction in the field o f Statistics of 29 May 2013.  
63. Protocol of 24 August 2012 on amendments to the Protocol on Conditions and Procedure for Use in 
Exceptional Cases of the Rates of Import Customs Duties Other than Common Customs Tariff Rates of 
12 December 2008.  
64. Protocol of 21 June 2013 on amendments to the Agreement on Conditions and Mechanisms of 
Application of Tariff Quotas of 12  December  2008.  
65. Protocol of 25 September 2013on amendments to the Agreement on Common Customs Tariff Regulation 
of 25 January 2008.  
II. International treaties that shall be terminated on the date of entry into force of relevant 
decisions of the Commission according to Article 102 of the EAEU Treaty  
1. Agreement on Single Rules of Determination of Country of Origin of 25 January 2008.  
2. Protocol on Common System of Tariff Preferences of the Customs Union of 12  December  2008.  
3. Agreement on Rules Determining the Origin of Goods from the Developing and Least -Developed 
Countries of 12 December 2008.  
 
  WT/REG358/1  
 
- 97 - 
 
 
 
  
 
 ANNEX 3  
COMMON LIST OF GOODS  SUBJECT TO NTMS  IN TRADE WITH THIRD COUNTRIES1 
Table A 3.1 Goods subject to NTMs  in all EAEU  member States  
Description  Measure and territorial scope  
1. Goods for which transportation through the customs border of the EAEU is prohibited  
1.1 Ozone destroying substances and products 
containing such substances  Import/export prohibition  of ozone depleting 
substances and products containing such substances, 
except for:  
- goods in transit;  
- use of ozone depleting substances exclusively as a 
raw material for the manufacture of other 
chemicals, which are not ozone depleting 
substances;  
- specific cases of ozone -depleting substances under 
the Montreal Protocol on Substances that Deplete 
the Ozone Layer, 16  September  1987;  
- fire extinguishers containing substances from 
group II, Annex A l;  
- ozone depleting substances are reduced or utiliz ed 
- products which are controlled by the export 
control system of the EAEU Member State being a 
country of consignment or destination.  
 
Ozone depleting substances from section 2.1 of this 
list are prohibited to import and export from and to 
countries non -members of Montreal Protocol, except 
the states which satisfy requirements of Montreal 
Protocol  
1.2 Hazardous wastes  Import prohibition, including goods in transit  
1.3 Printed information or information on audio -
visual and other devices  Import/export/t ransit prohibition  
1.4 Plant protection chemicals and other persistent 
organic pollutants subject to Annexes  A and B of 
the Stockholm Convention on persistent organic 
pollutants (adopted 22  May 2001)  Import prohibition, except for goods in transit  
  
1.6 Service or civil weapon, its main parts and 
cartridges  Import/export/transit prohibition, except for goods 
subject to the export control system  
* Not applied to some kinds of long -barrelled 
firearms and parts for cartridges exported from the 
customs terri tory of the Eurasian Economic Union  
1.7 Implements for catch of aquatic biological 
resources  Import prohibition  
1.8 Products made from harp seal and harp seal 
cubs  Import prohibition  
* Not applied to products for personal use or 
products obtained from h unting carried out by 
indigenous peoples living in arctic and subarctic 
regions which should be confirmed by the certificate 
issued by the author ized institution  
1.9 Live sable  Export prohibition  
2. Goods for which transportation through the customs border of the EAEU is restricted  
2.1 Ozone destroying substances  Import and export licensing, except for goods in 
transit  
2.2 Plant protection chemicals (pesticides)  Import licensing  
2.3 Hazardous wastes  Import and/or export licensing  
* Not applied to the export of tyres, including 
pneumatic ones, for use in civil aircraft  
                                                
1 For ease of reference, the presentation of the lists in this Annex differs from that of the Decision. In 
particular, the HS codes are not reproduced and products have been split in accordance to whether restrict ions 
were applied in all EAEU member States or only some of them. The numbers in column 1 have however been 
kept as under the Decision. For a full list of the HS codes, please see Annex 6 of WT/ACC/KAZ/93.  WT/REG358/1  
 
- 98 - 
 
 
 
  
 
 Description  Measure and territorial scope  
2.4 Mineralogical and paleontological collections 
and collectibles, fossils of animal bones  Export licensing  
2.6 Wild live animals, certain wild growing plants 
and wild medicinal herbs  Export licensing  
2.7 Species of wild fauna and flora subject to the 
Convention on international trade in endangered 
species of wild fauna and flora (adopted 3 March 
1973)  Export/im port/transit restriction. The goods included 
into this list are transported through the customs 
border of the EAEU member States in accordance 
with the order established by the  Convention on 
international trade in endangered species of wild 
fauna and flora  as of 3  March  1973)  
2.8 Rare and endangered species of wild animals 
and wild growing plants inscribed in the "Red  books" 
of the EAEU member States   Export licensing, except transit  
2.9 Precious gems  Export/import restriction  
2.10 Precious metals and commodities containing 
precious metals  Export/import /transit  licensing  
* Not applied to refined  precious metals in the form 
of bullions, plates, powders and granules as well as 
untreated precious metals  
** Applied only to precious metals with or without 
gemstones inserted  
*** Applied only to precious metals or rolled 
precious metals  
2.11 Mineral raw materials (only untreated stones)  Export licensing  
2.12 Drugs, substances with psychotropic effects 
and their precursors  Import and export licensing  
2.13 Toxic substances except for precursors of the 
drugs and substances with psychotropic effects  
 Import licensing   
* Not applied to toxic substances, subject to the 
export control system  
2.14 Medicines and pharmaceutical substances  Import licensing  
2.16 Civil radio -electronic equipment and/or 
high-frequency devices including those which are 
built-in or form a part of other goods  Import licensing  
 
2.17 Special technical devices for undercover 
obtaining of information  Import and export licensing  
2.19 Encryption devices  Import and export licensing  
2.20 Cultural values, documents of the national 
archive funds, originals of the archive documents  Export licensing  
 
2.21 Human organs and tissues, blood and 
its components, human biological materials  Import and/or export licensing  
2.22 Service and civil weapon, its main parts and 
cartridges  Import, export and transit licensing  
2.23 Information on  subsoil  Export licensing  
Source:  Collegium  Decision No 30/15.  WT/REG358/1  
 
- 99 - 
 
 
 
  
 
 Table A 3.2 Goods subject to NTMs in some EAEU member States  
Description  Measure and territorial scope  
1. Goods for which transportation through the customs border of the EAEU is prohibited – 
i.e. Import / Export / Transit prohibition  
1.5 Timber, recovered paper, paperboard and 
wastepaper  Export prohibition, only for goods originating from 
Kazakhstan  
2. Goods for which transportation through the customs border of the EAEU is restricted (i.e.  
generally requiring a licence)  
2.24 Goods with quantitative restrictions for export: 
ferrous and non -ferrous wastes and scrap  Export licensing, only for goods originating from 
Belarus  
2.25 Goods subject to  restrictions  Export and/or import restriction.  
* Applied to goods imported to Kazakhstan  
** Applied to goods originating from Belarus when 
exported from the customs territory of the EAEU.  
2.26. Goods subject to  exclusive export or import 
right  Export or import restriction. Applied to:   
 
* Goods originating from the Russian Federation 
when exported to the customs territory of the EAEU  
 
** Goods originating from Belarus when exported to 
the customs territory of the EAEU  
 
*** Goods originating from third countries which are 
imported by Belarus. Application of the exclusive 
right is regulated by Belarus legislation  
2.28. Goods subject to restrictions according to 
commitments in the accession of the EAEU member 
States to the  WTO Export restriction. Applied to  
* Goods originating from the EAEU member States 
which imposed tariff qu otas in  their accession 
commitments to the WTO  
Source:  Collegium  Decision No 30/15.  
  WT/REG358/1  
 
- 100 - 
 
 
 
  
 
 ANNEX 4  
TRQS UNDER THE EAEU TREATY  
Table A 4.1 EAEU annual TRQs by member States , 2015-2018  
 BLR KAZa RUS 
Fresh and chilled beef  -  
21,000 tonnes  
IQ: 15% - OQ: 40%  
(KAZQ001)  
 
0201100001  
0201202001  
0201203001  
0201205001  
0201209001  
0201300004  
0202100001  
0202201001  
0202203001  
0202205001  
0202209001  
0202301004  
0202305004   
0202309004  
 40,000 tonnes  
IQ: 15% - OQ: 50%  
(RUSQ001 ) 
 
0201 10 000 8  
0201 20 200 8  
0201 20 300 8  
0201 20 500 8  
0201 20 900 8  
0201 30 000 8  
Frozen beef  - 530,000  tonnes  
IQ: 15% - OQ: 50%  
(RUSQ00 2) 
 
0202 10 000 8  
0202 20 100 8  
0202 20 300 8  
0202 20 500 8  
0202 20 900 8  
0202 30 100 8  
0202 30 500 8  
0202 30 900 8  
Fresh, chilled or frozen 
pork 20,000 tonnes  
 
0203 11 100 0  
0203 11 900 0  
0203 12 110 0  
0203 12 190 0  
0203 12 900 0  
0203 19 110 0  
0203 19 130 0  
0203 19 150 0  
0203 19 550 0  
0203 19 590 0  
0203 19 900 0  
0203 21 100 0  
0203 21 900 0  
0203 22 110 0  
0203 22 190 0  
0203 22 900 0  
0203 29 110 0  
0203 29 130 0  
0203 29 150 0  
0203 29 550 2  
0203 29 550 8  
0203 29 590 0  
0203 29 900 2  
0203 29 900 8  - 
 400,000 tonnes  
IQ: duty -free – OQ: 65%  
(RUSQ00 3) 
 
0203 11 100 0  
0203 11 900 0  
0203 12 110 0  
0203 12 190 0  
0203 12 900 0  
0203 19 110 0  
0203 19 130 0  
0203 19 150 0  
0203 19 550  0 
0203 19 590 0  
0203 19 900 0  
0203 21 100 0  
0203 21 900 0  
0203 22 110 0  
0203 22 190 0  
0203 22 900 0  
0203 29 110 0  
0203 29 130 0  
0203 29 150 0  
0203 29 550 2  
0203 29 550 8  
0203 29 590 0  
0203 29 900 2  
0203 29 900 8  
   Of which  
   Pork trimming  (RUS)  30,000 tonnes  
IQ: duty -free – OQ: 65%  
(RUSQ00 4) 
 
0203 29 550 2  
0203 29 900 2  WT/REG358/1  
 
- 101 - 
 
 
 
  
 
  BLR KAZa RUS 
Fresh, chilled or frozen 
poultry  - 128,000 tonnes  
IQ: 15% - OQ: 55%  
(KAZQ002)  
 
0207142001, 0207146001  250,000 tonnes  
IQ: 25% - OQ: 85%  
(RUSQ00 5) 
 
0207 14 200 0  
0207 14 600 0  
Fresh, chilled or frozen 
poultry  10,000 tonnes  
IQ: 25% - OQ: 85%  
 
0207 13 100 1  
0207 14 100 1  12,000 tonnes  
IQ: 15% - OQ: 55%  
(KAZQ003)  
 
0207131001, 0207141001  
0207271001, 0207273001  
0207274001, 0207276001  
0207277001, 0207111001  
0207113001, 0207119001  
0207121001, 0207129001  
0207132001, 0207133001  
0207134001, 0207135001  
0207136001, 0207137001  
0207139101, 0207139901  
0207143001, 0207144001  
0207145001, 0207147001  
0207149101, 0207149901  
0207241001, 0207249001  
0207251001, 0207259001  
0207261001, 0207262001  
0207263001, 0207264001  
0207265001, 0207266001  
0207267001, 0207268001 
0207269101, 0207269901  
0207272001, 0207275001  
0207278001, 0207279101  
0207279901, 0207412001  
0207413001, 0207418001  
0207423001, 0207428001  
0207430001, 0207441001  
0207442101, 0207443101  
0207444101, 0207445101  
0207446101, 0207447101  
0207448101, 0207449101  
0207449901, 0207451001  
0207452101, 0207453101  
0207454101, 0207455101  
0207456101, 0207457101  
0207458101, 0207459301  
0207459501, 0207459901  
0207511001, 0207519001  
0207521001, 0207529001  
0207530001, 0207541001  
0207542101, 0207543101  
0207544101, 0207545101  
0207546101, 0207547101  
0207548101, 0207549101  
0207549901, 0207551001  
0207552101, 0207553101  
0207554101, 0207555101  
0207556101, 0207557101  
0207558101, 0207559301  
0207559501, 0207559901  
0207600501, 0207601001  
0207602101, 0207603101  
0207604101, 0207605101  
0207606101, 0207608101  
0207609101, 0207609901  
 100,000 tonnes  
IQ: 25% - OQ: 85%  
(RUSQ00 6) 
 
0207 14 100 0  WT/REG358/1  
 
- 102 - 
 
 
 
  
 
  BLR KAZa RUS 
Fresh, chilled or frozen 
poultry   
900 tonnes  
IQ: 25% - OQ: 85%  
 
0207 26 100 1  
0207 2 7 100 1   
 
 
- 14,000  
IQ: 25% - OQ: 85%  
(RUSQ00 7) 
 
0207 27 100 0  
0207 27 300 0  
0207 27 400 0  
0207 27 600 0  
0207 27 700 0  
Whey and modified 
whey - - 15,000 tonnes  
IQ: 10% - OQ: 15%  
(RUSQ00 9) 
 
0404 10 120 1  
0404 10 160 1  
Note:  Excludes TRQ granted in the context of the EAEU -Viet Nam Agreement.  
a  2016-2018.  
- No TRQ.  
IQ In-quota rate.  
OQ Out-of-quota rate.  
Source:  G/AG/N/RUS/12, G/AG/N/RUS/16 and G/AG/N/KAZ/3 and Decisions of the Collegium  of the 
Commission, as follows: for 2015 TRQs, No 131/14; for 20 16 TRQs: No 99/15; for 2017 TRQs: No 
97/16; and for 2018 TRQs: No 97/17  
  WT/REG358/1  
 
- 103 - 
 
 
 
  
 
 ANNEX 5 
EAEU SPS AND TBT REGULATI ONS AVAILABLE IN EAE U'S WEBSITE, IN ENGLISH  
Documents and Decisions  listed in the table below, in the field of technical regulation, sanitary, 
veterinary and phyto sanitary measures can be found in English (unofficial translation) , in a 
consolidated  form, in the EAEU Commission's website, under  
http://www.eurasiancommission.org/en/act/texnreg/Pages/acts.aspx  
 
Table A 5.1 EAEU regulations on SPS and TBT available in the EAEU website, in English  
No Title Date  
Decisions of the EurAsEC Interstate Council  
321 "On Recommendations on Model Structure of Technical Regulation of  the EurAsEC "  27.10.06  
Decision of  the CU Commission  
893 Changes Introduced into Veterinary (Animal Health) Standard Requirements Set  to the 
Goods Belonging  to Veterinary Control (Supervisory Control).  09.12.11  
726 On Veterinary Measures  15.07.11  
721 On Application of International Standards, Recommendations,  and Guidelines  22.06.11  
625 On Ensuring  the Harmonization of Regulations of  the CU in the Application of Sanitary, 
Veterinary  and Phytosanitary Measures  with International Standards  07.04.11  
621 Regulation on Procedures For Application of the Model Schemes of Conformity Assessment 
(Confirmation)  with the Technical Regulations of the CU  07.04.11  
620 On the Unified List 's Update  with Regard to Products Subject to Mandatory Conformity 
Assessment (Confirmation)  within the Framework of the C U with  Issuance of Single 
Documents, Approved By CU Commission Decision No. 319 of June 18, 2010  07.04.11  
607 About Forms of Single Veterinary Certificates on Imported on Customs area of  the CU of  
the Republic of Belarus,  the Republic of Kazakhstan  and the Russian Federation  Under 
Control Goods From  Third Countries  07.04.11  
526 Unified List of Products for which Mandatory Requirements are Established in  the CU  28.01.11  
318 On Assurance of Plant Quarantine  in the CU 18.06.10  
317 About Application of Veterinary  and Sanitary Measures  in the CU 18.06.10  
299 On Application of Sanitary Measures  in the CU 28.05.10  
Decisions of  the Collegium  of the Eurasian Economic Commission  
294 On Regulation on Importation into the CU Territory of Products (Goods) for w hich 
Mandatory Requirements are Established  within the CU 25.12.12  
306 On Approval of  the Regulation on Procedures For Development  and Approval  the Lists of 
International  and Regional Standards,  and in their Absence - the National (State) 
Standards of member State s of the CU, that Ensure Compliance  with Technical Regulations 
of the CU and Necessary for Conducting Conformity Assessment (Confirmation)  12.12.12  
Decision of  the Council of  the Eurasian Economic Commission  
94 On Regulation on Common System of Joint Inspections of Objects  and Sampling of Goods 
(Products), Subject  to Veterinary Control (Supervision)  09.10.14  
226 On Recognizing some of  the Decisions of  the CU Commission as Repealed  with Regard  to 
Adoption of Declaration of Conformity of Products  with Mandatory Requirements  within the 
CU of Common Form  13.11.12  
103 On Approval of the Schedule For Development of Tech nical Regulations of the CU in  2012-
2013 23.11.12  
102 Оn Amendments  to the Unified List of Products for which Mandatory Requirements are 
Established  within the CU 23.11.12  
161 On the Consultative Committee f or Technical Regulation Application of Sanitary, Veterinary  
and Phytosanitary Measure  18.09.12  
Agreement on Common Principles  and Rules For  the Circulation of Medical Devices (Medical 
Products  and Medical Equipment)  in the Framework of  the Eurasian Economic Union  
 
  WT/REG358/1  
 
- 104 - 
 
 
 
  
 
 ANNEX 6 
LIST OF PRODUCTS REF ERRED TO IN VARIOUS EAEU DECISIONS ON SPS AND TBT  
Table A 6.1 Common list of goods subject  to veterinary controls (109) and veterinary 
requirements (110)  
0101 0402 ex 1212 99 950 0  ex 2302  
0102 0403 1213 00 000 0  ex 2303  
0103 0404 1214 ex 2304 00 000  
0104 0405 ex 1301 90 000 0  ex 2306  
0105 ex 0406a 1501 2308 00  
0106 0407 1502 2309 
0201 0408 1503 00  ex group 29  
0202 0409 00 000 0  1504 ex group 30  
0203 0410 00 000 0  1505 00  3101 00 000 0  
0204 0502 1506 00 000 0  ex 3501  
0205 00  0504 00 000 0  1516 10  3502 
0206 0505 1516 20  3503 00  
0207 0506 1518 00  3504 00  
0208 ex 0507  1521 90  ex 3507  
0209 0510 00 000 0  1601 00  ex 3808  
0210 0511 1602 3821 00 000 0  
ex 0301  0511 99 859 2  1603 00  ex 3822 00 000 0  
ex 0301  ex 0511, ex 9601, ex 9705 00 000 0  1604 4101 
0302 ex 1001 19 000 0  1605 4102 
0303 ex 1001 99 000 0  ex 1902 20  4103 
0304 ex 1002 90 000 0  ex 1904 20  4206 00 000 0  
0305 ex 1003 90 000 0  ex group 20  4301 
0306 ex 1004 90 000 0  ex 2102 20  5101 
0307 ex 1005 90 000 0  ex 2104  5102 
0308 ex 1201 90 000 0  ex 2105 00  5103 
ex 0401  ex 1208  ex 2106  ex 9508 10 000 0  
ex 0401  ex 1211  2301 ex 9705 00 000 0  
ex 3923, ex 3926, ex 4415, ex 4416 00 000 0, ex 4421, ex 7020 00, ex 7309 00, ex 7310, ex 7326, ex 7616, 
8436 10 000 0, ex 8436 21 000 0, ex 8436 29 000 0, ex 8436 80 900 0, ex 8606 91 800 0, ex 8609 00, 
ex 8716 39 800  
a One group of products – ex 0406 (Processed cheese containing sausage, meat, meat offal, blood, 
fish, crustaceans, mollusks or other aquatic invertebrates, or the products of group 04 CU HS or any 
combination of these products) is included in the veterinary requirements list but not in th e list for 
veterinary controls.  
Source:  Decision No 317/10 of the CU Commission and amendments.  
 WT/REG358/1  
 
- 105 - 
 
 
 
  
 
 Table A 6.2 Common list of regulated goods with phytosanitary risk  
HS Code  
High phytosanitary risk (81) 
ex 0106 41 000, ex 0106 49 000  0808  1209  
0601  0809  1211 - except 1211 30 000 0,  1211 
40 40 000 0  
0602, except 0602 90 100 0   0810  1212 91  
0603 11 000 0 – 0603 19 800 0  0813  1212 92 000 0, 1212 99 410 0, 
1212 99 490 0  
ex 0603 90 000 0  ex 0901 11 000, ex 0901 12 000  1212 94 94 000 0, ex 1212 99 950 0  
0604 20 200 0  1001  ex 1213 00 000 0, ex 1401 90 000 0  
0604 20 400 0  1002  ex 1214  
ex 0604 20 900 0,   
ex 0604 90 910 0  1003  1801 00 000 0  
0701  1004  1802 00 000 0  
0702 00 000  1005  ex 2302  
0703  1006  ex 2304 00 000  
0704  1007  ex 2305 00 000 0  
0705  1008  ex 2306  
0706  1101 00  ex 2530 90 000 9  
0707 00  1102 2703 00 000 0  
0708  1103  ex 3002 90 500 0,  ex 3002 90 900 0  
0709  1104  3101 00 00 000 0  
0712 90 90 110 0  1106 10 000 0  4401 10 10 000, 4401 21 000 0, 
4401 22 000 0, ex 4401 39  
0713  1107  ex 4403 - except 4403 10 000   
ex 0714  1201  4404  
0801  1202  ex 1404 90 000 9,  ex 4401 39 900 0  
0802  1203 00 000 0  4406 10 000 0  
0803  1204 00  4407  
0804  1205  ex 4409  
0805  1206 00  ex 4415  
0806  1207  ex 4418 40 000 0  
0807 1208  ex 9705 00 000 0  
Low phytosanitary risk  (43) 
ex 0505 90 000 0  ex 1903 00 000 0  4808 10 000 0  
ex 0506 90 000 0  ex 2103 90 900 9  ex 4819 10 000 0  
0712 20 20 000 0  ex 2308 00 400 0  5001 00 000 0  
0712 31 000 0, 0712 32 000 0,  
0712 33 000 0, 0712 39 000 0  ex 2309 90 950 0 7 5003 00 000 0  
0712 90 90  - except 0712 90 
110 0  ex 2309 90 990 0  5101 11 000 0  
ex 0901 21 000  2401  5102  
ex 0901 22 000  ex 3203 00  5103 10 10 100 0  
0901 90 100 0  ex 4101, ex 4102, ex 4103  5201 00  
0902 10 000, 0902 20 000 0  ex 4408  5202  
ex 0902 30 000, 0902 40 000 0  ex 4416 00 000 0  5301  
0903 00 000 0  ex 4418 10  5302  
ex 0904 -0910  ex 4418 20  5303  
ex 1401  ex 4418 50 000 0  5305 00 00 000 0  
1404 20 000 0  ex 4601   
ex 1404 90 000  ex 4602   
Source:  Decision No 318/10 of the CU Commission.   WT/REG358/1  
 
- 106 - 
 
 
 
  
 
 Table A 6.3 Unified list of products for which EAEU technical regulations are to be 
developed (66) 
Goods  
Machinery and equipment  Perfumes and cosmetics  
Low-voltage equipment  Oral hygiene products  
High-voltage equipment  Packaging  
Devices operating on gaseous fuels  Personal protective equipment  
Equipment operating under excess pressure  Means of fire safety  
Vessels working under pressure  Fire extinguishing means  
Equipment for use in hazardous environments  Medical products  
Rides, equipment for children's playgrounds  Sanitary products  
Elevators  Furniture products  
Wheeled vehicles  Chemical products  
Tractors  Synthet ic detergents  
Agricultural machinery  Household chemical goods  
Machinery for forestry  Paints and solvents  
Tires Fertilizers  
Rolling stock of railways, including high -speed  Plant protection products  
Metro Rolling Stock  Petrol, diesel and marine fuel, jet fuel and heating oil  
Light rail vehicles and trams  Lubricants, oils and special fluids  
Objects of sea transport  Devices and systems of water, gas, heat, electricity  
Objects of inland waterway transport  Devices and systems of oil and refined products  
Boats  Food products  
Buildings and facilities  Alcoholic products  
Building materials and products  Feed and feed additives  
Rail transport infrastructure, including high -speed  Grain  
Underground railway (metro) infrastructure  Tobacco products  
Highways  Hunting and sporting weapons, ammunition  
Pyrotechnic compositions and goods containing them  Telecommunications facilities  
Explosives for civilian use and products containing 
them  Coal and its products  
Production of light industry (ready -made piece-goods, 
carpets, knitted goods, clothing and leather goods, 
shoes, furs and fur products)  Liquefied hydrocarbon gases for using as fuel  
Toys Materials, contacting with the buff  
Products for children and adolescents  Products for civil defence  and nat ural and man -caused 
fire and disaster prevention  
Products for children care  Oil, prepared for transportation and (or) using  
Cookware  Natural gas, prepared for transportation and (or) 
using  
Products for sanitary and hygienic purposes  Mainland pipelines f or transportation of liquid and gas 
hydrocarbons  
Source : Decision No 102/12 of the EAEU Council , which amends Decision No 526/11 of the CU Commission.  
 
Table A6.4 Unified list of products subject to mandatory conformity assessment , pending 
the adoption of EAEU technical regulations  (originally, 25 group s of products)   
Chapters  Groups of Products  
List as of April 2018: 6 groups of products  
Chapter 3. Lighting equipment  8. Lighting equipment (3 sub -groups)  
9. Lamps (4 sub -groups)  
10. Accumulators and batteries (2 sub -groups)  
Chapter 16. Dishes  27. Dishes (for adults) (3 sub -groups)  
28. Child's dishes (2 sub -groups)  
Chapter 17. Food for animals, birds and 
fish 29. Combined feed including those produced on mobile units (20 
sub-groups) 
30. Protein fodder (15 sub -groups)  
Chapter 20. Cleaning agent  33. Synthetic cleaning agent for clothes laundering, soap, 
detergent, powdery cleaning agent (3 sub -groups)  
Chapter 21. Sanitary ware  34. Sanitary ware articles (2 sub -groups)  
Chapter 25.  Matches  38. Matches for everyday use (1 sub -group)  WT/REG358/1  
 
- 107 - 
 
 
 
  
 
 Chapters  Groups of Products  
Products excluded from the  List following the adoption of EAEU technical regulations  
Chapter 1. Low voltage equipment  1. Electro -technical products (7 sub -groups)  
2. Machinery and instruments for kitchen works (2 sub -groups)  
3. Small -scale climate instruments and moldering heat energy (4 
sub-groups)  
4. Sanitary and hygienic instruments (15 sub -groups)  
5. Electromechanical hand tools with integrated electric motor (3 
sub-groups)  
6. Other electrical (household) appliances (14 sub -groups)  
Chapter 2. Everyday electronic radio 
equipment  7. Mains -operated everyday electronic radio equipment on 
alternating current (7 sub -groups)  
Chapter 4. Equipment which work on 
firm, liquid or gaseous fuel  11. Warming and heating devices (6 sub -groups)  
Chapter 5. Computer aids  12. Computing engines and related equipment (1 sub -group)  
Chapter 6. Travel industry production  13. Materials for road construction (3 sub -groups)  
Chapter 7. Agricultural equipment  14. Agricultural equipment (20 sub -groups)  
Chapter 8. Light industrial goods  15. Safety shoes (7 sub -groups)  
16. Industrial clothes (12 sub -groups)  
17. Light industry articles for children (14 sub -groups)  
18. Other light industry 's articles (3 sub -groups)  
Chapter 9. Toys and products for 
children  19. Toys (2 sub -groups)  
20. Goods for children (2 sub -groups)  
Chapter 10. Tobacco goods  21. Tobacco goods (2 sub -groups)  
Chapter 11. Watch  22. Electrical and electronic watch powered by alternating current 
(2 sub-groups)  
Chapter 12. Small -size boats  23. Small -size boats (1 sub -group)  
Chapter 13. Furniture (except of 
designed build -from-scratch)   24. Furniture (4 sub -groups)  
Chapter 14. Glass container  25. Glass container for packing and for food liquids (2 sub-groups)  
Chapter 15. Shipping materials  26. Metal lids (1 sub -group)  
Chapter 18. Personal protection 
equipment  31. Security facilities for hearing protection, respiratory organs 
protection, eyes protection, head protection, face protection (6 sub -
groups) 
Chapter 19. Oil products  32. Motor and transmission oil in consumer container (capacity not 
more than 5l tonnes ) for everyday consumption (5 sub -groups)  
Chapter 22. Finished food substances  35. Fish articles and other food products (16 sub -groups)  
Chapter 23. Perfumery and make -up 36. Perfumery and make -up (15 sub -groups)  
Chapter 24. Spare parts for mechanical 
transport  37. Tyres (except of refurbished)  (1 sub -group)  
Note: The HS codes are contained in the relevant Decisions.  
 As amended by various Decision s that excluded from the List products for which EAEU technical 
regulations were adopted . 
Source:  CU Commission Decision No 620/11 . 
 
  WT/REG358/1  
 
- 108 - 
 
 
 
  
 
 ANNEX 7  
DEFINITIVE ANTI -DUMPING MEASURES IN FORCE IN THE EAEU AS  OF 1 JANUARY 2015 – 
30 NOVEMBER 2015 - 31 DECEMBER 2015  
Table A7. 1 Definitive anti -dumping measures in force in the EAEU AS of 1 January 2015, 
30 November 2015 and 31 December 2015   
Country/  
Customs 
Territory  Product,  
investigation 
ID number  Measure(s)  Date of origin al imposition ;  
publication reference1 Date(s) of extension; 
publication reference(s)  
Measures in force as of 1 January 2015  
China  Cold-rolled flat 
steel products 
with polymer 
coating;  
ID: AD -8-CN Duties  01.07.2012  
Decision of the Commission  
No. 49 dated 24.05.2012, 
published on the website  
 01.07.2017  
Decision of the 
Commission  No. 45 dated 
11.05.2017, published on 
the website  
Cold-worked 
seamless pipes 
and tubes of 
stainless steel;  
ID: AD -11-CN Duties  15.05.2013  
Decision of the Commission  
No. 65 dated 09.04.2013, 
published on the website   
Enamelled baths 
of cast iron;  
ID: AD-12-CN Duties  26.05.2013  
Decision of the Commission  
No. 64 dated 09.04.2013, 
published on the website   
Rolling -element 
bearings (excl. 
needle roller 
bearings);  
ID: AD -3-CN Duties  21.01.2008  
Resolution  of the Government 
of the Russian Federation 
dated 13.12.2007 № 868 
published in  
"Российская газета" dated 
21.12.2007 No.  287; 
Decision of the Commission of 
the Customs Union No.  705 
dated 22.06.2011, published 
on the website  19.10.2013  
Decision of the 
Commission  No. 197 dated 
17.09.2013, published on 
the website  
 
Germany  Light 
commercial 
vehicles;  
ID: AD -10-DE Duties  15.06.2013  
Decision of the Commission  
No. 113 dated 14.05.2013, 
published on the website   
India Graphite 
electrodes;  
ID: AD -9-IN Duties  26.01.2013  
Decision of the Commission  
No. 288 dated 25.12.2012, 
published on the website   
Italy Light 
commercial 
vehicles;  
ID: AD -10-IT Duties  15.06.2013  
Decision of the Commission  
No. 113 dated 14.05.2013, 
published on the website   
Turkey  Light 
commercial 
vehicles;  
ID: AD -10-TR Duties  15.06.2013  
Decision of the Commission  
No. 113 dated 14.05.2013, 
published on the website   
                                                
1 All Decisions can be accessed at the Commission website, http:// eec.eaeunion.org . WT/REG358/1  
 
- 109 - 
 
 
 
  
 
 Country/  
Customs 
Territory  Product,  
investigation 
ID number  Measure(s)  Date of origin al imposition ;  
publication reference1 Date(s) of extension; 
publication reference(s)  
Ukraine  Certain steel 
pipes and 
tubes;  
ID: AD -1-UA Duties  31.01.2006  
Resolution of the Government 
of the Russian Federation 
No. 824 dated 29.12.2005 
published in  "Российская 
газета" dated 31.12.2005 
No. 297, 
 
Decision of the Commission of 
the Customs Union No.  702 
dated 22.06.2011, published 
on the website  
 
 09.03.2011  
Resolution of the 
Government of the Russian 
Federation dated 
31.01.2011 No.41 
published in  
"Российская газета" dated 
09.02.2011 No.  26 
 
19.11.2015  
Decision of the 
Commission  No. 133 dated 
06.10.2015, published  on 
the website  
 
03.07.2016  
Decision of the 
Commission  No. 48 dated 
02.06.2016, published on 
the website  
Forged work -
rolls; 
ID: AD -7-UA Duties  27.06.2011  
Resolution of the Government 
of the Russian Federation 
No. 406 dated 20.05.2011 
published in"Российская 
газета" dated 27.05.2011 
No. 113, 
Decision of the Commission of 
the Customs Union No.  904 
dated 09.12.2011, published 
on the website  27.06.2014  
Decision of the 
Commission  No. 68 dated 
13.05.2014, published on 
the website  
 
28.02.2015  
Decision of the 
Commission  No. 3 dated 
20.01.2015, published on 
the website  
New Measures as of 30 November 2015  
China  Citric acid;  
ID: AD -15-CN Duties  10.04.2015  
Decision of the Commission  
No. 15 dated 10.03.2015, 
published on the website   
Stainless steel 
flatware;  
ID: AD -14-CN Duties  19.06.2015  
Decision of the Commission  
No. 56 dated 19.05.2015, 
published on the website   
Seamless steel 
oil country 
tubular goods  
ID: AD -16-CN Duties  
 
 
 
 
 
Undertaking  23.09.2015  
Decision of the Commission  
No. 101 dated 18.08.2015, 
published on the website  
 
23.09.2015  
Decision of the Commission  
No. 101 dated 18.08.2015, 
published on the website  
(amended by Decision of the 
Commission  No. 63 dated 
08.06.2017)   
Decision already taken in November 2015, application only as of December 2015  
China  Crawler dozers;  
ID: AD -17-CN Duties  12.12.2015  
Decision of the Commission  
No. 148 dated 10.11.2015, 
published on the website   
Commercial 
vehicles tyres;  
ID: AD -18-CN Duties  18.12.2015  
Decision of the Commission  
No. 154 dated 17.11.2015, 
published on the website   
Source:  G/ADP/N/265/RUS, G/ADP/N/280/RUS, G/ADP/N/294/RUS and G/ADP/N/300/RUS. 
G/ADP/N/280/KAZ, G/ADP/N/294/KAZ and G/ADP/N/300/KAZ.   WT/REG358/1  
 
- 110 - 
 
 
 
  
 
 ANNEX 8 
TERMINATED AGREEMENT S FOLLOWING THE ENTR Y INTO FORCE OF THE EAEU CUSTOMS CODE  
Table A8. 1 Terminated Agreements following the entry into force of the new EAEU 
Customs  Code  
№ International Treaties terminated and incorporated in the EAEU Customs Code   
1. Agreement on  determination of customs value of goods transferred across the customs border of the 
Customs Union dated 25 January 2008;  
2. Agreement on mutual administrative support of the customs authorities of the member -states of the 
Customs Union dated 21 May 2010;  
3. Agreement on information exchange requirement between the customs authorities and other state 
authorities of the member -states of the Customs Union dated 21 May 2010;  
4. Agreement on specifics of the customs transit of goods transferred by railway transport within the 
customs border of the Customs Union dated 21 May 2010;  
5. Agreement on provision and exchange of preliminary information on goods and transport transferred 
across the customs border of the Customs Union dated 21 May 2010;  
6. Agreement on unified customs register of intellectual property objects of the member -states of the 
Customs Union dated 21 May 2010;  
7. Agreement on specifics of the customs operations in respect of goods sent via international post dated 
18 June 2010;  
8. Agreement on exemption from application of certain forms of customs control performed by the customs 
authorities of the member -states of the Customs Union dated 18 June 2010;  
9. Agreement on free warehouses and the customs procedure of free warehouse dated 18 June 2010;  
10. Agreement on specifics of transport use in international transportation for transportation of passengers 
as well as trailers, semi -trailers, containers and railway rolling stock performing transportation of goods 
and (or) luggage for internal transportatio n within the customs border of the Customs Union dated 18 
June 2010;  
11. Agreement on procedure of movement of cash and (or) monetary instruments by individuals across the 
customs border of the Customs Union dated 5 July 2010;  
12. Agreement on organization of information exchange for realization of analytical and control functions of 
the customs authorities of the member -states of the Customs Union dated 19 October 2011.  
 
  WT/REG358/1  
 
- 111 - 
 
 
 
  
 
 ANNEX 9 
SUMMARY OF SUPREME C OUNCIL DECISION NO 112/14  
Table A9. 1 Number of non -conforming measures with the Protocol on Services and 
Investment, by EAEU member States and by type of measure  
 BLR KAZ RUS 
TOTAL  28 30 38 
Of which:      State -owned enterprises (para. 16)  1 4 4 
 Exclusive rights (para. 17)  3 3 4 
 National treatment (para. 23)   20 21 27 
 Establishment (para. 26)  26 21 32 
 MFN (para. 28)  2 4 7 
 QRs (para. 31)  23 16 26 
 Performance requirements (para. 33)  2 4 3 
 Mode 4 (para. 35)  3 9 12 
Source : Supreme Council  Decision No 112/14 . 
  WT/REG358/1  
 
- 112 - 
 
 
 
  
 
 ANNEX 10  
SERVICES SECTORS FOR WHICH A SINGLE S ERVICE MARKET IS/WIL L BE IN OPERATION IN THE 
EAEU , IN ACCORDANCE WITH  COUNCIL DECISIONS AS  OF DECEM BER 2016  
1. The Table below lists sectors and sub -sectors for which a single services market is/will be in 
operation within the EAEU and the ir corresponding liberalization plans, in accordance with the 
Supreme Council Decisions No 110 of 2014, No 17 of 8 May 2015, Nos 30 and 31 of 16 October 
2015 and Nos 22 and 23 of 26 December 2016.  
Table A10.1  EAEU services liberalization1 
No2 Sectors and Sub -sectors  From CPC3 Single Market by  
BLR KAZ RUS 
BUSINESS SERVICES   
II.19 Services in the field of reporting and accounting  82213, 82219 and 82220  2021 
I.26 Taxation services  823 2015 
I.32 Consultation services related to architecture  83211  2015 
Professional Services, except services pertaining to hazardous, complex and heritage objects  
I.6. Engineering services  8334 
2015 2024 2015 I.7. Complex services  8331, 83342 and 83343  
I.8. Urban planning services  83221, 83222, 83333  
I.9 Landscaping services (except heritage objects)  83222  2015 
Professional Services in relation to hazardous, complex and heritage objects  
II.2 Engineering services  8335 and 8339  
2021 2024 2021 II.4 Urban planning  8322  
All other business services  
II.3 Integrated services in engineering related areas 
With highways, streets, roads, railways, 
Runways, bridges, aboveground and 
underground Motorways, tunnels and harbours, 
waterways, Water facilities, main pipelines, 
Lines and lines of energy, pipelines And c ables 
and associated structures  83312  2021 2024 2021 
I.31 Consultation services related to installation of 
computers    
2015 I.27 Software application services  83142   
I.28 Data processing services  84300 and 85960  
I.29 Database -related services  84300  
I.30 Services related to computing machines, 
including technical maintenance and repair of 
computing machines, and related data 
preparation services  83160  
II.21 Conducting research and development 
Experimental developments in the field of 
natural sciences in the part of applied research  81110, 81120, 81130, 
81140, 81150 and 81190  
2020 II.20 Conducting research and implementation In the 
field of social and human sciences  81210, 81220, 81230, 81240 
and 81290   
II.8 Services related to immovable property, own Or 
leased (with the exception of real estate 
brokerage services)  72111, 72 112, 7212 1, 
72122, 72130 and 72212   
                                                
1 The table is structured in accordance with MTN.GNS/W/120. Sectors/sub -sectors are listed in a 
summary manner, as compared to the full text of each of the Decisions.  
2 The No are structured as follows: "I" means the sectors/sub -sectors are listed in Decisions No 110 of 
2014 and Nos 17 and 31 of 2015; "II" refers to sectors/sub -sectors listed in Decisions No 30 of 2015 and Nos 22 
and 23 of 2016. The number after that refers  to the number (of the sector/subsector) as reflected in the 
relevant Decisions.  
3 The Decisions are based on CPC version 1.  WT/REG358/1  
 
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 No2 Sectors and Sub -sectors  From CPC3 Single Market by  
BLR KAZ RUS 
II.9 Property valuation services  72240 and 85990  
 2020 
II.5 Rental and leasing services for pleasure boats 
without operator  73240  2019 
I.24 Lease of cars and equipment without an 
operator as part of rent and leasing services  73112, 73114, 73121 - 
73123  2015 
I.25 Hire of personal items as part of leasing 
services and rent of all types of consumer 
equipment, used for leisure  73210  2015 
II.6 Services in the field of advertising  83610, 83620, 83631 and 
83690  2019 
II.7 Audit services  82211 and 82212   2022 
I.35 Market research and opinion polling services  83700   
2015 I.33 Consultation services in connection with 
managerial issues (excluding financial services 
specified in Part XVI of the EAEU Agreement)  83111   
I.34 Services (excluding financial services specified 
in Part XVI of the EAEU Agreement), related to 
consultatio ns on managerial issues  83112 - 83114  
II.11 Services for technical testing and analysis 
(laboratory And on the ground) (with the 
exception of works for the purposes of 
evaluation (confirmation) Conformity of 
production to the established requirements)   83561 - 83564 and 83569  n.p. n.p. n.p. 
I.10 Services related to agriculture  861, 86110 and 86121  
2015 I.11 Service related to forestry and timber 
stockpiling  86140  
I.12 Services related to game management  86130  
I.36 Service on personnel accommodation and 
recruitment of personnel, excluding activity 
related to employment services for citizens of a 
EAEU member state outside of such member 
state  85111   2015 
I.23 Services related to maintenance and repair of 
equipment, including repair of personal items 
and household goods (excluding sea vessels and 
aircraft and other transport equipment)  8715 and 87290  2015 ... 2015 
I.37 Services related to cleaning of premises,  
specifically cleaning and hygiene of residential 
buildings or commercial, administrative and 
industrial buildings (excluding disinfection)  85330   
2015 
I.38 Photographic services  8381, 83811 - 83815, 83819 
and 83820   
I.39 Organization and conducting of negotiations and 
sessions  85970 and 85990   
I.40 Interpreting and translation services, related to 
translation of texts from one language into 
another  83910  2015 
II.12 Geological, geophysical and other services 
Research work in the part of scientific advisory 
services in Geology, geophysics, geochemistry 
and other sciences related to Search for 
deposits of solid minerals, oil, gas and 
Groundwater, except for field works  83510  
2019 2024 2019 
II.13 Services for underground surveying survey  83520   
II.14 Services for land surveying survey  83530  
II.15 Mapping services  83540  
II.16 Services for weather forecasting and 
meteorology  83550  WT/REG358/1  
 
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 No2 Sectors and Sub -sectors  From CPC3 Single Market by  
BLR KAZ RUS 
COMMUNICATION  SERVICES   
II.17 Services associated with the production and 
distribution of Film and video films  96121 and 96141   2019 
II.18 Services for demonstration of video films  96152   2019 
I.42 Sound recording services  96111  2015 2016 2015 
CONSTRUCTION  AND RELATED  ENGINEERING  SERVICES  
General construction works (except hazardous and complex objectsa and heritage objectsb) 
I.1. For erection of buildings of any purpose  54111, 54112, 54121, 54122  
and 54129  
2015 2024 2015 I.2. Construction of civil engineering sites (except 
services pertaining to hazardous, complex and 
heritage objects)  542, 54210, 54220, 54230, 
54241, 54242, 54251, 
54252, 54260, 54270 and 
54290  
I.3 Assembly and erection of buildings from 
prefabricated elem ents and works on equipment 
assembly  54400  and 546  
I.4. Construction and finishing works at the closing 
stage  547, 54710, 54720, 54730, 
54740, 54750, 54760, 54770 
and 54790  
I.5. Pre-construction works, special construction 
works, demolition of buildings and renting of 
construction equipment with an operator  543, 54310, 54320, 54330, 
54341 , 54342, 54511, 
54512, 54521, 54522, 
54530, 54540, 54550, 
54560, 54570, 54590 and 
54800  
General construction works  
II.1 For the construction of facilities of Civil 
construction  54210, 54220, 54230, 
54241, 54242, 54251, 
54252, 54260, 54310, 
54320, 54330, 54342 and 
54800  2021 2024 2021 
DISTRIBUTION SERVICES  
I.13 
I.14 Retail trade servicesc 611 and 612  
621 – 623 
2015 2016 2015 I.15 Services of commission agents, including broker 
services, excluding financial services specified in 
Part XVI of the agreement on the EAEU  612 
I.16 Franchise services  73340  
TOURISM AND TRAVEL RELATED SERVICES  
I.17 Services of hotels and public catering 
enterprises (excluding sale (serving) of alcohol)  63110, 63210, 63220 , 63230  
and 6330  2015 2016 2015 
II.10 Services travel agency and travel agencies 
(Services of tour operators and travel agents)  67811 and 67812  2019 2019 2019 
RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audiovisual services)  
I.41 Entertainment services (theatres, concerts, 
circuses, etc.)   96210  2015 
I.43 Service related to organization of sports and 
other recreational activities (excluding gambling 
services)  96510, 96520, 96590, 
96610 , 96620 and 96990   2015 
TRANSPORT  SERVICES  
I.22 Technical maintenance and repair of equipment 
for car transport  87141  
2015 ... 2015 I.18 Cargo treatment services  67190 and 64339  
I.19 Services of warehouses and goods sheds  67290  
I.20 Services of cargo agencies  67910  WT/REG358/1  
 
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 No2 Sectors and Sub -sectors  From CPC3 Single Market by  
BLR KAZ RUS 
I.21 Other intermediary services, services related to 
processing of shipping documents, cargo 
inspection, weighing and other similar services    
... Not available.  
n.p. Not provided.  
a "Hazardous and complex objects " includes hazardous , highly dangerous  and technically complex 
objects of capital construction , including  e.g. nu clear facilities , subway systems , pipelines, etc. ;  
b "Heritage objects" refer to the conservation of cultural heritage objects (historical and cultural sites).  
c With the exception of: for Belarus: sale of ethanol, alcohol and alcohol -containing prod ucts, tobac co 
products; and (ii) for Kazakhstan and Russian Federation: sale of weapons and weapons systems, 
military equipment and munitions, explosives and associated equipment, precious metals and 
stones, drugs and psychotropic substances, sturgeon and caviar, eth anol, alcohol and alcohol -
containing products, tobacco and tobacco -containing products , parapharmaceutical and medicinal 
products (exception – until 2016), etc. 
 
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