WT/REG366/3  
 
7 November  2018 
(18-6908) Page: 1/9 
Committee on Regional Trade Agreements  Original: English /Spanish  
 
  
TREATY ON ACCESSION OF THE KYRGYZ REPUBLIC TO THE EURA SIAN ECONOMIC UNION  
(GOODS AND SERVICES)  
QUESTIONS AND REPLIE S 
 The following communication, dated 25 October 2018, i s being circulated at  the request of the 
delegations of Armenia, Belarus, Kazakhstan, the Kyrgyz Republic  and the Russian Federation.  
 
_______________  
 
 
Question from the delegation of Canada  
 
Regulatory provisions on trade in goods  
Standards  
 
1.1.  Paragraph 3.28:  "Pending full harmonization of EAEU member States technical 
barriers to trade (TBT), conformity assessment procedures and sanitary and 
phytosanitary measures, three systems coexist: a national system, one based on mutual 
recognition and finally the EAEU har monized system. " 
 What is meant by "one based on mutual recognition"? Is the mutual recognition only 
within the EAEU, or does this include recognition of 3rd country inspection systems and 
conformity assessment procedures?  
 
The countries of the EAEU  mutually recognize the results of conformity assessment for 
products in respect of which the Union 's technical regulations have come into force. The certificate 
of conformity obtained in one of the countries of the Union is accepted in all the others.  
 
As regards the third countries, recognition is carried out in accordance with national legislation 
and on the basis of agreements on mutual recognition of the member State s of the Union with 
third countries.  
 
Questions from the delegation of Ecuador  
 
1.2.  Paragra ph 2.2  on page 9 states that "In acceding to the EAEU, the Kyrgyz Republic 
accedes to the totality of the EAEU legal framework, in accordance with the 'Treaty on the 
Accession of the Kyrgyz Republic to the EAEU ' (hereaft er, the 'Accession Treaty '), 
as follows:"  
 What would the transition period be for Kyrg yz Republic 's full application of the 
EAEU legal framework, and while this is taking place what would the Kyrgyz Republic's 
trading relationship be with the RTAs that the EAEU maintains with other countrie s? 
Would the Kyrgyz Republic benefit from tariff preferences?  
 
The transition period is established in the Annex No. 3 to the Treaty. Prior to accession of the 
Kyrgyz Republic to the Eurasian Economic Union, no agreements on free trade by EAEU with 
third parties were signed.  WT/REG366/3  
 
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 1.3.  Paragraph 3.3  on page 11 states that "Table 3.1 and Table 3.2 show the  duty-free 
treatment provided between the EAEU and the Kyrgyz Republic, disaggregated in terms 
of MFN and preferentia l treatment under existing FTAs […] ". 
 Please ex plain how the duty -free treatment works and to what type s of product  it 
applies .  
 
In accordance with Article 1 of the EAEU Treaty, within the Union, freedom of movement of 
goods, services, capital and labour, a coordinated, coherent or uniform policy in t he sectors of the 
economy defined by the EAEU Treaty and international treaties within the Union is ensured.  
 
In accordance with Article 25 of the EAEU Treaty, from the date of accession of the 
Kyrgyz  Republic to the EAEU Treaty, free movement of goods bet ween the territories of the member 
State s is carried out without the use of customs declaration and S tate control (transport, sanitary, 
veterinary and sanitary, quarantine phytosanitary), except in cases provided for by the EAEU Treaty.  
 
In accordance with  Article 28 of the EAEU Treaty within the framework of the functioning of 
the internal market in mutual trade of goods, the member States of the Union do not apply import 
and export customs duties, except in cases provided for by the EAEU Treaty.  
 
1.4.  According to paragraph 3.12 on page 13, "[…] Exceptions are granted for less than 
2% of the tariff lines and by 2018 their number will marginally decrease […]".  
 Please indicate how many tariff lines are granted exceptions, which tariff lines they 
are, and by how much their number has decreased.  
 
The full list of temporary exceptions from common external tariff ( CET), applied during 
2015-2019 period in accordance with the Decision of the Council of th e Eurasian Economic 
Commission No.  68 of 30 June 2015,  can be found in the following document:  
(http://www.eurasiancommission.org/ru/act/ trade/catr/ttr/Documents/%D0%98%D0%97%D0%A
A%D0%AF%D0%A2%D0%98%D0%AF%20%D0%A0%D0%90%20%D0%BD%D0%B0%2001.09.
2018.pdf ). The exceptions are indicated based on the 6th edition of the Harmonized System ( HS). 
 
With regard to the effect that the exceptions to the CET have on the RTAs that the EAEU 
maintains with other countries, in accordance with the Article 35 of the Treaty on the EAEU, during 
the establishing  of an RTA in accordance with an international agreement between EAEU countries 
and a third country the c ustoms duties are applied in accordance with the international agreements 
comprising the Law of the EAEU.  
 
1.5.  Paragraph  3.14 on page 15 states that "Elimination of the Kyrgyz Republic's 
exceptions are back -loaded – by 2019, exceptions would still be in force on 145 tariff lines 
(out of a total of 166 exceptions in 2015); all of these will be eliminated by 
1 January  2020 ." 
 Please provide examples of the types of product concerned, as no products are 
mentioned .  
 
On 1 January  2017, due to the entry into force of the 6th edition of the HS, the list of 
exemptions of the Kyrgyz Republic was published in an updated version, taking into account changes 
in the codes of goods in accordance with the C ommon Commodity Nomenclat ure (C CN) of the EAEU 
and the obligations of the Kyrgyz Republic on the application of exemptions from CET of the EAEU, 
emanating from Treaty of accession of the Kyrgyz Republic to the Union.  
(http://www.eurasiancommission.org/ru/act/trade/catr/ttr/Documents/%D0%98%D0%97%D0%A
A%D0%AF%D0%A2%D0%98%D0%AF%20%D0%9A%D0%A0%20%D0%BD%D0%B0%2001.09 .
2018.pdf ). 
 
In this regard, the number of exemptions of the Kyrgyz Republic from the CET of the EAEU 
in 2018 was about 214 ten -digit positions or 1.75% of the total number of tariff lines in the CET of 
the EAEU.  
 WT/REG366/3  
 
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 Taking into account, that in the factual presentation data on the absolute number of 
exemptions of the Kyrgyz Republic from the CET of the EAEU by years are presented taking into 
account the 2012 HS version, the information on the absolute num ber of exempt ions of the 
Kyrgyz  Republic from the CET of the EAEU can be actually adjusted taking into account the entry 
into force on 1 January  2017 of the 6th edition of the HS and the current work on amendments to 
the CCN of the EAEU and the CET of the EAEU, carried  out by the Commission and the member 
States of the  Union.  
 
The full list of temporary exceptions from the CET, applied during 2015 -2019 period in 
accordance with the Decision of the Council of the Eurasian Econ omic Commission No.  68 of 
30 June 2015, can b e found in the following document:  
(http://www.eurasiancommission.org/ru/act/trade/ catr/ttr/Documents/%D0%98%D0%97%D0%A
A%D0%AF%D0%A2%D0%98%D0%AF%20%D0%A0%D0%90%20%D0%BD%D0%B0%2001.09.
2018.pdf ). The exceptions are indicated based on the 6th edition of the HS.  
 
1.6.  In paragraph 3.28 on page 19, it is stated that "[…] In particular, it foresees  
transition periods for the Kyrgyz Republic to apply certain common EAEU technical 
regulations. The relevant disciplines are described in the subsections below".  
 How much time is given to the Kyrgyz Republic for transition? Where can the 
common EAEU  technical regulations be viewed and in what languages are they available?  
 
For the Kyrgyz Republic, the possibility was foreseen to simultaneously apply the norms of 
national legislation and technical regulat ions of the Union specified in S ection VII of A nnex No. 1 to 
the Protocol on conditions and transitional provisions on the application by the Kyrgyz Republic of 
the Treaty on the Eurasian Economic Union of 29 May 2014, certain international treaties included 
in the law of the Eurasian Economic Union, a nd acts of the bodies of the Eurasian Economic Union 
in connection with the accession of the Kyrgyz Republic to the Treaty on the Eurasian Economic  Union 
of 29 May 2014.  
 
The decision of the Board of the Eurasian Economic Commission of 26 January  2016 No.  11 
established the procedure for the introduction of technical regulat ions of the Union in the 
Kyrgyz  Republic. The procedure provides for the establishment of transitional provisions in terms of 
the validity of documents on conformity assessment issued or  adopted in accordance with the 
legislation of the Kyrgyz Republic before the date of commencement of the application of technical 
regulations of the Union, as well as the possibility of production and release into circulation of 
products in accordance wit h these documents.  
 
Technical regulations of the Union are available in Russian, which is the working language of 
the bodies of the Union, and are available on the website of the Eurasian Economic Commission via 
the link: http://www.eurasiancommission.org/ru/act/texnreg/deptexreg/tr/Pages/TRVsily.aspx . 
 
1.7.  Paragraph  3.29 on page 19 reads as follows : "In a ccordance with Article  7 of 
the Accession Treaty, with the en try into force on 18 November 2015 of the Supreme 
Council Decision No . 6/15 and Decision No . 56/15 of the Council of the Commission, 
conformity assessment conducted by the Kyrgyz Republic's authorized bodies is 
considered as equivalent to those issued by b odies of other EAEU membe r States 
(Section  VIII of Annex  1 to the Protocol on Transit ional Provisions, paragraph 59). " 
 Does the Kyrgyz Republic recogniz e the conformity assessments conducted by 
bodies of EAEU member States?  
 
There is no concept of mutual recognition within the EAEU.  
 
In accordance with paragraph 52 of the Treaty on the Eurasi an Economic Union (hereinafter 
– the Union) in order to protect human life and (or) health, property, environment, life and (or) 
health o f animals and plants, prevent actions that mislead consumers, as well as to ensure energy 
efficiency and resource conservation within the Union technical regulations of the Union are adopted.  
 
In accordance with Article 53 of the Treaty, the products, in r espect to which the technical 
regulations of the Union have entered into force, are released into circulation on the territory of WT/REG366/3  
 
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 the Union, provided that they have passed the necessary conformity assessment procedures 
established by the technical regulati ons of the Union (technical regulations of the Union).  
 
Member States shall ensure that products that meet the requirements of the technical 
regulations of the Union are circulated on their territory without additional requirements for such 
products contai ned in the technical regulations of the Union and without additional conformity 
assessment procedures.  
 
1.8.  Paragraph  3.30 on page 19 reads as follows : "Pending the application of common 
EAEU rules on the circulation of veterinary medical products and feed add itives, their 
circulation is subject to the Kyrgyz Republic's domestic legislation in cases of movement 
within its own territory or alternatively to corresponding EAEU member State's legislation 
if movement takes place therein (paragraph 58 of Annex 1 to t he Protocol on Transitional 
Provisions) ." 
 Does the EAEU  now have common rules for veterinary medical products and feed 
additives?  
 
The draft Rules for regulating the circulation of veterinary medicinal products in the customs 
territory of the Union (hereinafter referred to as the Rules) are s cheduled to be adopted by 
31 March  2019. Since the entry into force of the Rules, registration of veterinary drugs will be carried 
out in accordance with uniform requirements in all member States of the Union. Pr ior to the entry 
into force of the Rules, registration and circulation of veterinary drugs and feed additives in the 
territory of the Kyrgyz Republic is carried out in accordance with national legislation. At the same 
time, veterinary medicinal products an d feed additives registered in the Kyrgyz Republic can be 
circulated within the territory of other member States of the Union only if they are registered in one 
of the member States of the Union.  
 
1.9.  Subparagraphs (a) and (b) of paragraph 3.32 on page 20 read  as follows: "[…] 
(a) for machinery and equipment; agricultural, forestry tractors and trailers; and for 
equipment for operation in an explosive environment, t he Kyrgyz Republic had up to 
12 August 2016 to comply with technical regulations; (b) compliance with, inter  alia, 
safety of railway rolling stock, transport infrastructure, packaging, pyrotechnical 
products, toys, elevators, food products was delayed until 12 August 2017; and […]".  
 Does harmonization with EAEU technical regulations now exist in this  regard?   
 
As indicated in answer to question  1.6., for the Kyrgyz Republic, the possibility was foreseen 
to simultaneously apply the norms of national legislation and technical regulat ions of the Union 
specified in S ection VII of Annex No. 1 to the Protocol on conditions and transitional provisions on 
the application of the Treaty on the Eurasian Economic Unio n of 29 May 2014 by the Kyrgyz  Republic, 
certain international treaties included in the law of the Eurasian Economic Union, and acts of the 
bodies of the Eurasian Economic Union in connection w ith the accession of the Kyrgyz  Republic to 
the Treaty on the Eurasian Economic Union of 29 May 2014.  
 
The decision of the Board of the Eurasian Economic Commission of 26 January  2016 No.  11 
established the  procedure for the introduction of technical regulat ions of the Union in 
the Kyrgyz  Republic. The procedure provides for the establishment of transitional provisions in terms 
of the validity of documents on conformity assessment issued or adopted in accord ance with the 
legislation of the Kyrgyz Republic before the date of application of technical regulations of the Union, 
as well as the possibility of production and release into circulation of products in accordance with 
these documents.  
 
Technical regulati ons of the Union are directly applicable from the date they are applied in  
the Kyrgyz Republic.  
 
1.10.   According to paragraph  3.36 on page 21,  "Conformity assessment shall be 
performed by the Kyrgyz Republic's accredited bodies in accordance with EAEU legislatio n. 
Certificates of Conformity shall be issued by bodies authorized to perform such activities 
under the Kyrgyz Republic's legislation (par agraph 55).  The Kyrgyz Republic  has WT/REG366/3  
 
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 13 certification bodies and 34 testing laboratories included in the EAEU Unified R egister 
of Certification Bodies and Testing Laboratories ." 
 For what products do the Kyrgyz Republic's accredited bodies perform conformity 
assessment in accordance with EAEU legislation?  
The work on conformity assessment to the established technical regulations of the Union is 
carried out by certification bodies and testing laboratories included in the Unified Register of 
conformity assessment bodies of the Union. Currently, the Unified Register includes 14 certification 
bodies and 34 testing laborato ries of the Kyrgyz Republic that carry out conformity assessment of 
food, perfume and cosmetic products, tobacco products, toys, engineering products, personal 
protective equipment, fuel, furniture and other products for which the Union's the technical 
regulations apply.  
 
1.11.   Paragraph  3.48 on page 23 reads as follows : "The EAEU Treaty includes disciplines 
regarding subsidies, in the industrial (Section XXIV, Article 93 of the EAEU Treaty and its 
Annex 28, the "Protocol on Common Rules for Granting Industrial S ubsidies") and 
agricultural sectors (Section XXV, Article 95 of the EAEU Treaty and its Annex 29, the 
"Protocol on Measures of State Support to Agriculture"). These will also apply to 
Kyrgyz  Republic, as spe cified in the Accession Treaty. " 
 What subsidies are currently applied ? 
 
All the subsidies in industrial and agricultural sectors if applied by the Kyrgyz Republic will be 
in full conformity with the protocol of accession of the Kyrgyz Republic to the WTO, as well as the 
WTO Agreements.  
 
1.12.   Paragraph  3.49 on page 23 states that  "In accordance with paragraph 6 of 
Amendments Protocol to the Accession Treaty, State support measures for agriculture are 
extended to Kyrgyz Republic. " 
 Please describe the State support measures used.  
 
All the S tate support measures  for agriculture if used by the Kyrgyz Republic will be in 
accordance with the protocol of accession of the Kyrgyz Republic to the WTO, as well as the 
WTO Agreements.  
 
1.13.   Paragraph 2 on page 38 states that "[…] Figures for 2015 and 2016 also apply to 
Belarus" . 
 Which products are subject to quotas ? 
 
In accordance with Article 45 of the EAEU Treaty and Annex No 6 thereto, it is within the 
competence of the Commission to establish tariff rate quotas for the import of certain types of 
agricultural goods into the customs territory of the Union and distribute the tariff quotas between 
the member States of the Union.  Such decisions are taken by the Board of the Commission on an 
annual basis.  
 
For the Kyrgyz Republic tariff quotas have been established for 2018 and 2019 for cattle, 
meat, pork and poultry meat by the Decision of the Board of the  Commission of 18 August  2017 
No. 97 (http://www.eurasiancommission.org/ru/act/trade/catr/ttr/Documents/quota%202018.pdf ) 
and the Decision of the Board of th e Commission of 28 Augus t 2018 No.  141 
(http://www.eurasiancommission.org/ru/act/trade/catr/ttr/Documents/quota%202019.pdf ) 
accordingly . 
 
1.14.   Paragraph 2.8 on page 10 (Chapter 2.1: Background Information) states that "[…] 
In October 2014, the road map for the accession of the Kyrgyz Republic to the CU and CES 
was signed; it provided for the adoption of more than 180 measures in various fields, 
including customs administ ration; technical regulations, sanitary, phytosanitary, and 
veterinary measures; transportation and infrastructure; tariff and non -tariff regulations; 
anti-dumping; trade, and financial policies; and statistics. The vast majority of these had 
a deadline fo r completion of either 2014 or 2015, while a few were left for 2017 –2018 ". WT/REG366/3  
 
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  Please indicate the remaining measures to be applied in 2018.  
 
Within the framework of the Roadmap for the accession of the Kyrgyz Republic to the Common 
Economic Space of the Repu blic of Belarus, the Republic of Kazakhstan and the Russian Federation, 
the remaining activities that need to be implemented in 2018 include such areas as information 
interaction, government procurement, intellectual property and labor migration.  
 
Regardi ng the measures, the implementation of which is still continuing in 2018 within the 
framework of the roadmap for the accession of the Kyrgyz Repub lic to the Customs Union of 
the Republic  of Belarus, the Republic of Kazakhstan and the Russian Federation, th ey include the 
following areas: customs cooperation, technical regulation, sanitary, phytosanitary measures, 
customs tariff and non -tariff regulation, trade policy and infrastructure development.  
 
1.15.   Paragraph 3.7 on page 13 (Chapter 3.1: Trade liberalization  between the Parties ) 
reads as follows : "Free (special) economic zones (FEZs) and free warehouses, established 
in the Kyrgyz Republic in accordance with domestic legislation, are authorized under 
Article  27 of the EAEU Treaty. As of April 2018, there a re five FEZs established in 
the Kyrgyz Republic: Bishkek, Kar akol, Naryn, Lalick and Majmak."  
 How do the free (special) economic zones operate in respect of  trade with 
third  countries?  
 
There are no restrictions on trade in goods with third countries for the residents of the FEZ.  
 
Export of goods from the territory of FEZ is carried out under the conditions of the customs 
procedure selected by the resident of the FEZ in accordance with  the customs legislation of 
the Kyrgyz Republic.  
 
Exports of products manufa ctured in the FEZ outside the customs territory of the Eurasian 
Economic Union are exempt from quoting. When exporting products to third countries the FEZ is 
exempt from all types of taxes.  
 
1.16.   Paragraph  3.23 on page 18 , in Section 3.2.3 (Other expo rt-related  measures) of 
Chapter  3.2 (Trade with third parties ), reads as follows: "Export duties are not applied on 
intra -EAEU trade; on trade with third  parties, member States are free to unilaterally apply 
export duties in accordance with their respective domestic  legislation and international 
commitments, in particular those under the WTO. The Kyrgyz Republic generally does not 
apply permanent export duties, thought it may implement them temporarily, in particu lar 
as seasonal export duties.  As of April 2018, expor t duties are applied b y all other 
EAEU  member States."  
 Please describe some of the seasonal export duties applied by the Kyrgyz Republic 
during the period 2017 -2018.  
 
Currently, the Kyrgyz Republic does not apply any seasonal duties.  
 
The Kyrgyz Republic  applied constant export duties on some products (recycled paper, cattle 
hides, Shelly limestone).  
 
1.17.   Paragraph 3.55 on page 25, in Section 3.4 .4 (Customs -related procedures) of  
Chapter 3.4 (Regulatory provisions on trade in goods),  states the following: "[…] the 
Protocol (paragraphs 38 and 39) also provides for improving the interaction between the 
customs authorities of the Kyrgyz Republic and of the other EAEU member States. Upon 
accession, the Kyrgyz Republic were to ensure its electronic connection to th e 
EAEU  integrated information system; the electronic exchange of information relating to 
the control of common customs processes with other EAEU customs authorities; and the 
exchange of normative and reference information with customs authorities of other 
EAEU member States".  WT/REG366/3  
 
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  Please describe the progress made by the Kyrgyz Republic on customs processes in 
relation to the implementation of the EAEU's Single Window.  
The Customs Code  of the Eurasian Economic Union establishes the priority of electronic 
customs declaration, implements the possibility of customs operations related to the registration of 
the customs declaration and the release of goods, automatically, by information syst ems of customs 
authorities, provides the opportunity to submit a customs declaration without submitting documents 
to the customs authority, on the basis of which it is filled, as well as la ys the basis for the use of the 
"single window " mechanism in custom s operations.  
 
The development of national single window mechanisms is carried out by each member State  
of the Union independently. In 2017, the Eurasian Economic Commission assessed the state of 
development of national single window mechanisms in the mem ber States of the Union. Information 
on the results of the analysis in English can be found on the official website of the Eurasian Economic 
Commission at the following link:  
http://www.eurasiancommission.org/ru/act/tam_sotr/edinoe_okno/Documents/9281012 -en.pdf . 
 
Question from the delegation of the European Union  
 
Provisions on trade in goods  
Application by Kyrgyz Republic of the EAEU'S CET  
 
1.18.   "Paragraph 3.9 . As per Section IV of Annex 1 to the Protocol on Transitional 
Provisions, the Kyrgyz Republic has committed to renegotiate its WTO bound rates, with 
renegotiations being conducted by a delegation appoi nted by the Council of the 
EAEU  Commission (paragraph 41). A joint delegation , comprising representatives of 
Kyrgyz Republic, Armenia, Belarus, Kazakhstan, Russian Federation and the 
EAEU  Commission was later appointed (Order of the Counc il of the Commission No.  16 of 
9 August  2016). The results of the renego tiations shall first be approved by the Council of 
the Commission prior to their final adoption in the WTO; following that, the CET shall be 
modified accordingly.  
 Paragraph 3.10. Procedures under Articles XXIV:6 and XXVIII of the GATT 1994 for 
the modification of Kyrgyz Republic's Schedule CXLII were initia ted by Kyrgyz Republic in 
April  2015, with in particular the circulation of relevant data."  
 
 Paragraphs 3.9 and 3.10 refer to the renegotiation of Kyrgyzstan 's bound rates and 
to procedures under  Articles  XXIV:6 and XXVIII of the GATT 1994. As it emerges from the 
debates in the Council for Trade in Goods, under GATT Article XXIV:6, the members of the 
Eurasian Economic Union shall provide the resulting compensatory adjustments and bind 
them in thei r respective schedules. Taking into consideration that paragraph  3.9 only 
mentions the modification of the CET and paragraph 3.10 is silent on compensatory 
adjustments, can the Kyrgyz Republic and the other members of the Eurasian Union please 
confirm that  the compensatory adjustments resulting from GATT Art. XXIV:6 procedures 
will be bound in their respective schedules?  
 
The issue has been discussed in the course of GATT Art. XXIV:6 negotiations between 
the Kyrgyz Republic and EU. The fulfilment of the Ky rgyz Republic 's new tariff obligations resulting 
from renegotiation process will be ensured by the introduction of appropriate legal instruments 
within the EAEU legal base.  
 
Question s from the delegation of Mexico  
 
General provisions of the Treaty  
Competition; paragraph 5.13  
 
1.19.  With the implementation of this Treaty, as the Kyrgyz Republic had to introduce 
domestic changes in respect of economic competition policy?  
 
For the purposes of accession of the Kyrgyz Republic to the Eurasi an Economic Un ion 
(hereinafter – the EAEU  or the Union ) (formerly the Customs Union), an Action Plan ( "road map ") 
was developed for the accession of the Kyrgyz Republic to the common economic space of WT/REG366/3  
 
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 the Republic of Belarus, the Republic of Kazakhstan and the Russian F ederation, taking into account 
the formation of the EAEU , in which the obligations of the Kyrgyz Republic were fixed to bring the 
competition legislation in line with the legal framework of the Union. At the time of the accession of 
the Kyrgyz Republic to the EAEU, all obligations were fully met.  
 
First of all, changes occurred in the State regulation of subjects of natural and permitted 
monopolies:  
 
• The Law of the Kyrgyz Republic "On Natural Monopolies in the Kyrgyz Republic " for natural 
monopolies the sco pe of this Law was defined, according to which the register of natural 
monopolies is maintained and regulated by the antimonopoly authority.  
• And the concept of "subjects of permitted monopolies " and the norms of their regulation, 
as well as the maintenance  of the State register of subjects of permitted monopolies were 
excluded and, according to changes to the Law of the Kyrgyz Republic "On Competition ", 
a register of entities having a dominating position was formed and approved, which also 
included former s ubjects of "permitted" monopolies. With respect to the subjects having 
a dominant position, direct State regulation is no longer applied, but constant economic 
and statistical observation is carried out.  
Also, the Law of the Kyrgyz Republic "On Competition " introduced the institute of prevention 
and the corresponding Procedure for issuing warnings on the inadmissibility of taking actions that 
could lead to violation of antitrust laws was adopted by the Government of the Kyrgyz Republic.  
 
1.20.  What practice s have been implemented by the signatory countries in order to 
exercise effective control over the application of the general rules on economic 
competition contained in the Eurasian Economic Union Treaty?  
 
The EAEU member State s do not directly monitor the use of common competition rules by 
other member State s. 
 
 Article 75 of the Treaty provides for general requirements for t he competition laws of 
the EAEU  member State s. 
 
 In accordance with paragraph 43 of the Statute on the E urasian Economic Commission 
(hereinafter referred to as the Statut e on the Commission) (Appendix No.  1 to the Treaty on the 
Eurasian Economic Union), the Commission 's Board monitors and controls the implementation of 
international treaties constituting the  law of the Union and the decisions of the Commissi on, as well 
as notifies member S tates of the need to fulfill them.  
 
 In accordance with paragraph 52 of the Statute on the Commission, members of the Board of 
the Commission, in accordance with the distrib ution of duties, monito r the implementation by 
member S tates of international treaties constituting the law of the Union on matters within its 
competence.  
 
In accordance with paragraph 55 of the Statute on the Commission, the departments of the 
Commission monitor the implementation by member State s of international treaties constituting the 
law of the Union, decisions and instructions of the Board of the Commission, the Council of 
the Commission, the Intergovernmental Council and the Supreme Council in orde r to present the 
results to the Board 's members, also prepare for consideration by members of the Board 's Panel the 
proposals on the results of monitoring and analyzing of the legislation of member State s for 
compliance of national legislation with the Uni on law. In this reg ard, the Competition and 
Public  Procurement Department of the Commission continuously monitors the legislation of the 
member State s of the Union for compliance of national laws with the Treaty.  
 
At the same time, the results of the monit oring can be brought up for discussion by the bodies 
of the Union and, thus, for discussion by the member State s of the Union.  
 
1.21.  Have there been any difficulties in applying the EAEU rules in cross -border markets?  
 
The agreement delimits the powers of the Commission and the member State s in the 
implementation of competition policy (the Commission 's competence extends to relations with the WT/REG366/3  
 
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 participation of economic entities (market entities) of member State s that have or m ay have a 
negative impact on competition in cross -border markets in the territories of two or more member 
State s (Article 74 of the Treaty)).  
 
 The criteria for classifying the market as cross -border were approved by the Decision of 
the Supreme Eurasian Ec onomic Council of 19 December  2012 N o. 29. The suppression of violations 
by business entities of the general rules of competition established by Article 76 of the Treaty in the 
territories of the member State s is carried out by the authorized bodies of the  member State s 
(Section 8 III of Annex No.  19 to the Treaty).  
 
In accordance with paragraph 22 of Section V of Annex No. 19 to the Treaty, in order to 
implement Section XVIII of the Treaty within the framework of law enforcement activities, the 
authorized bodies of the member State s interact with each other. In accordance with paragraph  57 
of Section VI, when the authorized bodies of the member State s transmit allegations of violation of 
general competition rules to the Commission, when the Commission consi ders allegations of violation 
of general competition rules in cross -border markets, and when the Commission conducts 
investigations of violations of general competition rules in cross -border markets when the 
Commission is considering cases of violation of the general rules of competition in cross -border 
markets, as well as in other cases, the Commission and the authorized bodies of member State s 
interact with each other.  
 
There was no difficulty in exercising control over the observance of general rules of  
competition and in the interaction within the framework of such control, betwee n the Commission 
and the  Kyrgyz  Republic.  
 
__________