Treaty on the Eurasian 
Economic Union  
WT/ACC/KAZ/86  – Page 15  2015 
 
Eurasian Economic 
Union  
 
international organization of 
regional economic 
integration with 
international legal 
personality  
 
 2010  
Customs Union  
- Common customs code;  
- Common customs tariff;  
- Common customs territory;  
- Common system of tariff 
and non -tariff regulation.  
 
2012  
Single Economic 
Space  
- 17 framework agreements;  
- establishment of the 
Eurasian Economic 
Commission as a 
supranational body  
 
WT/ACC/KAZ/86 – Page 16  The Eurasian Economic Union Treaty   
 
 
The EAEU  Treaty  is based  on the Agreements  signed  within  the 
framework  of formation  of the Customs  Union  (CU)  and the Single  
Economic  Space  (SES)  between  Kazakhstan,  Russia  and Belarus  
and consists  of four parts : 
 
I 
IV III II Establishment of the Eurasian Economic Union  
The Customs Union  
The Single Economic Space  
 
Transitional and final provisions.  
 
WT/ACC/KAZ/86 - Page 17  As of the date of entry into force of the EAEU Treaty:  
 65 legal  acts adopted  within  the framework  of the CU 
and the SES will be terminated,  since  they have  been  
incorporated  into the EAEU  Treaty .  
II. The legal acts adopted within the framework of the CU 
and the SES will remain in force , including : 
 
 - the  Customs Code of the Customs Union,  
 
 - the Treaty on Functioning of the Customs Union within 
the Multilateral Trading System of 19 May 2011, and  
 
 - Decisions of the CU Commission and the EEC.  
 
WT/ACC/KAZ/86 - Page 18   
 
 
  
 
 
 Governing Bodies  
CU/SES  
 
-Supreme  Council  (Heads  
of State  or Government) ; 
 
- Commission ; 
 
- Court of the EurAsEc . 
 
 
 
 
 EAEU  
 
- Supreme Council (Heads 
of State);  
 
- Intergovernmental 
Council (Heads of 
Government);  
 
- Commission;  
 
- Court of the EAEU.  
 
WT/ACC/KAZ/86 – Page 19   
Decision Making  
  
 
 
CU/SES  
 
Consensus,  except  
decisions  of the 
Commission  (consensus  
and qualified  majority  rule) 
 
List of issues  on which  
decisions  are taken  by 
consensus  or qualified  
majority  are defined  by 
Regulation  
 
 
  
 
EAEU  
 
Consensus,  except  
decisions  of the 
Commission  (consensus  
and qualified  majority  rule) 
 
List of issues  on which  
decisions  are taken  by 
consensus  are defined  by 
the Supreme  Council  
 
 
 WT/ACC/KAZ/86 - Page 20   
Transparency  
 
CU/SES  
 
Only decisions  of the 
Comission  are subject  to 
publication  
 
 
 
 
 
 
 
  
EAEU  
 
Decisions of all bodies are 
subject to publication:  
 
 - Prior publication of draft 
decisions;  
 
 - Right to comment for all 
interested persons; and  
 
 - Obligation to consider 
comments . 
 
WT/ACC/KAZ/86 – Page 21  Customs and tariff regulation   
 
 
 
 
 
 
EAEU  
 
Common customs and tariff regulation:  
 - Common Commodity Nomenclature of 
Foreign Economic Activity of the Eurasian 
Economic Union;  
 - Common External Tariff of the Eurasian 
Economic Union;  
 
Tariff exemptions may be granted in the 
cases:  
  - established  by the EAEU  Treaty ; 
 - established  by the Customs  Code  of the 
Customs  Union ; 
-other  cases  established  by the EAEU  Treaty,  
international  treaties  of the EAEU  with third 
party  and acts of the Commission . 
 
 
 
 
 
 
 
  
 
CU 
 
Common customs and tariff regulation 
implemented via the following instruments:  
 - Common Commodity Nomenclature of Foreign 
Economic Activity of the Customs Union;  
 - Common External Tariff of the Customs Union;  
 
 
Tariff exemptions may be granted in the cases:  
 - established by the Agreement on Common 
Customs and Tariff Regulation;  
 - established by the Customs Code of the 
Customs Union;  
 - established by the Decisions of the CU  
Commission and EEC, as well as by the Decisions 
of the EurAzEc Intergovernmental Council.  
 
 The main  objective : to facilitate  sustainable  economic  development  of the 
member  States,  diversification  of the economies,  increase  in volumes  and 
improvement  of structure  of trade  and investment,  acceleration  of integration  
processes . FOREIGN TRADE POLICY  
WT/ACC/KAZ/86 - Page 22  Non-tariff regulation  
 
-Decisions to apply non -tariff measures on third -country imports 
into the EAEU are made by the Commission;  
-Non-tariff measures could include quantitative restrictions, bans, 
exclusive import licenses, automatic licenses (permits) or non -
automatic licenses  
 CU 
 
 - the Agreement  "On Common  Measures  of 
Non-Tariff  Regulation  in Respect  of Third  
Countries"  of 25 January  2008 ,  
 - the Agreement  "On the Procedure  of 
Introduction  and Implementation  of 
Measures,  Concerning  Foreign  Trade  in 
Goods,  on the Common  Customs  Territory  in 
Respect  of Third  Countries"  of 9 June  2009 ,  
 - the Agreement  "On the Rules  of Licensing  
in the Area  of Foreign  Trade  in Goods"  of 
9 June  2009   
EAEU  
 
Annex 7  "Protocol on Non -Tariff 
Measures Concerning Third Countries" 
to the EAEU Treaty  
 
 
 
 
 
 
 
 
WT/ACC/KAZ/86 – Page 23   
TAXES AND TAXATION  
 
CU  
 
The relevant  CU Agreement  and the 
Protocols  established : 
 
basic  principles  and procedures  of 
indirect  taxation  upon  exportation  and 
importation  of goods,  performing  
works  and rendering  services . 
 
 
 
 
 
 
 EAEU  
 
Section  XVII «Taxes  and Taxation»  and 
Annex  18 of the EAEU  Treaty  
additionally  provide  for: 
 
- harmonization  of tax legislation : 
 
-harmonization  (approximation)  of excise  
rates  on the most  sensitive  excisable  goods ; 
 
- further  improvement  of the system  of 
levying  VAT in mutual  trade,  and the use of 
information  technologies . 
  
The main objective: to ensure timely and full payment of indirect 
taxes into the budgets of the EAEU member States  
 
WT/ACC/KAZ/86 – Page 24  TECHNICAL  REGULATION  
CU/SES  
 
CU and SES Agreements  on 
technical  regulation : 
 
established  common  principles  
and rules  of technical  regulation  
within  the CU/SES  
 
 
 
  
 
EAEU  
 
Section  X “Technical  Regulation”  
and Annexes  9-11 of the EAEU  
Treaty,  additionally  provide : 
 - general  principles  of technical  
regulation ; 
- revised  functions  of national  
accreditation  bodies ; 
- revised  principles  of 
accreditation . 
 
 
 The main objective: to ensure free movement of goods within the 
CU/EAEU through elimination of technical barriers to trade  
WT/ACC/KAZ/86 – Page 25  SANITARY AND PHYTOSANITARY MEASURES  
CU 
 
CU Agreements  on sanitary,  veterinary  
and phytosanitary  measures  established  
provisions  for conducting  coordinated  
policy  in the SPS field within  the CU 
 
 
 
 
 
 
 
 
 
  
 
EAEU  
 
Section  XI and Annex  12 of the EAEU  Treaty  
additionally  provide  for adoption  of the  common  
rules  at the EAEU  level on:  
 
 - rules  and methodologies  of laboratory  testing  
when  carrying  out veterinary  control ;  
 - circulation  of veterinary  drugs ;  
 - coordinated  approaches  for identification,  
registration  and traceability  of animals  and 
products  of animal  origin ;  
 - procedures  of cooperation  between  the 
member  States  when  implementing  temporary  
SPS measures ; and 
 - laboratory  support  of quarantine  phytosanitary  
measures .  
 
 The main  objective : to eliminate  barriers  to trade  in regulated  
products  and to protect  the CU/EAEU  territory  form SPS risks  
 
WT/ACC/KAZ/86 - Page 26      
MONETARY POLICY  
 
 
 
EAEU  
 
Section  XIV “Monetary  Policy“  and Annex  15 
“Protocol  on Measures  Aimed  at Coordinated  
Monetary  Policy”  to the EAEU  Treaty  
 
    Coordinated  monetary  policy : 
-the coordination  of the exchange  rate 
policy  will be performed  by a separate  
body  (composed  of heads  of National  
(central)  banks)  
 
 
  
 
 
 
SES 
 
The Agreement  on Coordinated  Principles  
of Monetary  Policy  of December  9, 2010  
 
 - Staged  harmonization  of policies  in the 
monetary  field 
 - Mutual  consultations  aimed  at 
development  and coordination  of exchange  
rate policies   
 - Exchange  of information  on the trends  
and perspectives  of the development  of 
monetary  markets  
 
 
  
The main  objectives : 
- to deepen  economic  integration ; 
- to develop  cooperation  in the monetary  and financial  sphere ; 
- to enhance  the role of national  currencies  of the member  States ; 
- to provide  mutual  convertibility  of national  currencies  of the member  States  
 
 
Fiscal and monetary policy is under the national competence of the member States  
 
WT/ACC/KAZ/86 - Page 27    
  
REGULATION OF  FINANCIAL MARKETS  
 
 
SES 
 
The Agreement  on Free Movement  of 
Capital  of 9 December  2010  and  Annex  
V to the Agreement  on Trade  in Services  
and Investments  of 10 December  2010  
  
 
 
EAEU  
 
Section  XVI “Regulation  of Financial  
Markets”  and Annex  17 “Protocol  on 
Financial  Services”  to the EAEU  Treaty  
 
 
 
 The main objective: to ensure free movement of capital and financial services  
 
 
 
National Treatment for financial services, except for national lists of exemptions.  
 
Mutual recognition of licenses in banking, insurance and securities market.  
 
 - Harmonization  of national  regulations  of financial  markets . 
 
The member  States  will decide  on the competence  of a supranational  authority  on 
regulation  of financial  markets  
 
WT/ACC/KAZ/86 – Page 28  TRADE IN SERVICES AND INVESTMENTS   
 
 
 
 
 
 
 
 
 
SES 
 
The Agreement  “On Trade  in Services  and 
Investments  among  Parties  of the Single  
Economic  Space”  of 9 December  2010  : 
 
 
The SES Parties  aspire  to create  single  market  
for services   
 
 
 
 
 
 
 
Each  SES Party  had reserved  the right to 
maintain  the exemptions  from national  treatment  
regime  and reservations  on market  access  
 
Policies  in trade  in services  and investments  with 
third countries  is under  the national  competences . 
 
 
 
 
 
 
 
 
 
 
 
  
EAEU  
 
Section  XV “Trade  in Services,  Establishment,  Activity  
and Investing”  and Annex  16 “Protocol  on Trade  in 
Services,  Establishment,  Activity  and Investing”  to the 
EAEU  Treaty : 
 
Single  Services  Market : 
 - free movement of services;  
 - freedom of establishment;  
 - mutual recognition of licenses and qualifications.  
 
Services  where  the Single  Services  Market  will be 
created  will approved  by the Supreme  Eurasian  
Economic  Council  
 
In other  sectors  national  treatment  is granted  except  for 
measures  listed  in individual  lists of exemptions   
 
 
Policies  in trade  in services  and investments  with third 
countries  remain  under  the national  competences .   
 
 
The main  objective : to ensure  free movement  of services  and investments  
 
 
 
WT/ACC/KAZ/86 – Page 29  GOVERNMENT PROCUREMENT  
 
 
EAEU  
 
Section  XXII “Government  (Municipal)  
Procurement”  and Annex  25 “Protocol  on 
Regulation  of Procurement”  to the EAEU  
Treaty  
 
  
 
SES 
 
The Agreement  on State  (Municipal)  
Procurement  of 9 December  2010  
 
 
 The main  objectives : to provide  economic  efficiency  of government  
procurement,  to ensure  transparency  and non-discriminatory  access  of 
suppliers  to  electronic  procurement  systems  of other  members  States  
National treatment for goods and services, originated in other member States, except 
for national lists of exemptions  
 
WT/ACC/KAZ/86 - Page 30   
SPECIAL ECONOMIC ZONES  
 
 
CU 
 
CU Agreements  on SEZ and Free 
Warehouses  
 
-provide  conditions  for 
establishment  and functioning  of 
SEZ and free warehouses  within  
the CU 
 
 
 
 
 
  
EAEU  
 
Article 27 of the EAEU Treaty provides  
 
-that conditions  of establishment  and 
functioning  of SEZ and free warehouses  
are stipulated  by international  
agreements  within  the framework  of the 
EAEU ; 
 
-thus,  CU Agreements  on SEZ and Free 
Warehouses  remain  in force . 
 
 
 
 The main  objective : to ensure  effective  use of SEZ and free 
warehouse  customs  regimes  within  the CU/EAEU  
WT/ACC/KAZ/86 - Page 31   
INDUSTRIAL POLICY  
 
 
EAEU  
 
Section  XXIV  “Industry”  and Annex  28  
incorporated  the SES Agreement  and 
additionally  provided : 
 
-basic  principles  and objectives  of 
industrial  policy  within  the EAEU ; 
 
-voluntary  approval  of specific  
subsidies  by the Commission  from 
2017 ; 
 
-the EAEU  Court  resolves  the 
disputes ; 
 
-modified  notification  procedure  
  
 
SES 
SES Agreement  on subsidies  
established  common  rules  of granting  
industrial  subsidies  within  the SES:  
 
-mandatory  pre-approval  of specific  
subsidies  by the Commission  from 2017  
 
-Conciliation  commission  for resolving  
disputes  
 
 
  
The main  objective : to develop  economy  and production  within  the 
CU/EAEU,  and to ensure  fair competition  between  the member  States . 
 
WT/ACC/KAZ/86 - Page 32   
INTELLECTUAL PROPERTY  
 
SES 
 
The Agreement  on Common  Principles  of 
Regulation  in the Sphere  of Protection  of 
Intellectual  Property  Rights  of 9 
December  2010 : 
 
 copyright  and related  rights,  trademarks,  
geographical  indications,  patents  and 
enforcement . 
 
 
 
 
  
EAEU  
 
Section  XXIII  “Intellectual  Property”  and Annex  
No. 26 “Protocol  on Protection  and 
Enforcement  of Intellectual  Property  Rights”  to 
the EAEU  Treaty : 
 
copyright  and related  rights,  trademarks,  
geographical  indications,  patents  and 
enforcement ;  
 
+ trademarks  and appellations  of origin  of the 
EAEU,  selective  achievements,  layout  designs  
of integrated  circuits  and know -how. 
  
The main objective:  to regulate relations in the sphere of protection and 
enforcement of intellectual property rights within the Eurasian Economic 
Union.  
 
WT/ACC/KAZ/86 - Page 33   
AGRICULTURE  
 
 
 
 
SES 
 
The Agreement  on Common  Rules  for the 
State  Support  of Agriculture  of 9 December  
2010 . 
 
-Uniform  rules  for the State  support  measures  
that affect  mutual  trade  in agricultural  products ; 
 
-Based  on key provisions  of the WTO  
Agreement  on Agriculture . 
 
 
 
 
 
 
 
 
  
 
 
 
EAEU  
 
Section  XXV “AGRO -INDUSTRIAL  COMPLEX“  
and Annex  29 “Protocol  on State  Support  
Measures  to Agriculture"  to the EAEU  Treaty . 
 
-Coordinated  agro-industrial  policy  is 
implemented  by information  sharing  on member  
States’  programs  associated  with agriculture  
sector  development  . 
 
-New competences  of the EAEU  Commission  
(e.g., coordination  of information  sharing  on 
member  States’  agriculture  sector  development  
programs ; Coordination  of joint scientific  and 
innovative  activities  in the sphere  of agriculture,  
etc.).  
 
 
 
  
The main objective:  to ensure the same conditions of competition in the 
common agricultural market  
 
 
WT/ACC/KAZ/86 – Page 34 
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