WT/REG358/4  
15 January 2019  
(19-0220) Page: 1/6 
Committee on Regional Trade Agreements  Original:  English/Spanish  
 
  
TREATY ON THE EURASIAN ECONOMIC UNION  (GOODS AND SERVICES)  
QUESTIONS AND REPLIES  
 The following communication, dated 19 December 2018, is being circulated at the request of 
the delegations of Belarus, Kazakhstan and the Russian Federation.  
 
This document reproduces the follow -up question s addressed to the Parties following 
the 91st Session of the CRTA and the response s submitted.  
 
_______________  
 
 
Question from the delegation of Canada  
 
1.1.  Follow -up to question 1.1 in document WT/REG358/3 /Rev.1 : Canada thanks the 
Members comprising the EAEU  for their response and notes the importance of 
international standards and requirements, unless they would be ineffective or 
inappropriate, to facilitating international trade.  While Canada understands that no 
agreement to TBT standards or requirements, s tricter than international standards, have 
been agreed upon to date, Canada would appreciate a description of the EAEU procedures/  
processes for addressing such a situation.  
 The development of the EAEU technical regulations is carried out according to par agraph 2.4 
of the TBT Agreement. At the same time the TBT Agreement does not provide for provisions for 
assessing the level of requirements established in the EAEU technical regulations in relation to the 
requirements of international standards used as a b asis for their development  ("stricter/higher"). 
All comments and suggestions of any nature on draft technical regulations can be provided during 
public consultation.  
 
Questions from the delegation of Ecuador  
 
1.2.  On page 17, in paragraph 2.12(b) of section 2 "Characteristic Elements of the 
Agreement", under the heading 2.1 "Background Information", it is stated that : "The 
process of establishment of the CU, the SES and the EAEU has taken place concomitantly 
with the process of accession of its Parties to the W TO. In order to take into account the 
distinct disciplines that these legal frameworks might entail, as well as their independent 
time-frame, the parties to the CU signed in 2011 the Treaty on the Multilateral System, 
the main provisions of which are : 
b. […] In practical terms, temporary exceptions from the EAEU disciplines/CET are 
granted to the Party that would have otherwise breached WTO disciplines. 
Pending the end of this transition period, that Party is to adopt measures to make 
both compatible ." 
 How would this exception work in the case of the common tariff with respect to 
EAEU Parties that are not part of the WTO and the access commitments of RTAs concluded 
between the EAEU and WTO Member countries ? 
 
 Exceptions from the СET established in connectio n with the accession of a EAEU member State 
to the WTO are mandatory only for this member.  WT/REG358/4  
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   All agreements between the EAEU and a WTO Member are concluded in accordance with 
Article  XXIV of the GATT. The basis for all negotiations conducted at the conclusion of agreements 
is CET.  
 
1.3.  On page 21, in paragraph 3.11 of section 3.2.1 "Common external tariff", it is stated 
that: "The CET has ad valorem, specific and combined duties. Countries acceding to the 
EAEU are allowed CET derogations in accordance wi th 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 pa yment of the tariff differentials 
due." 
 Could you please explain the objective pursued by the measure and describe the list 
of products that would benefit from the derogation ? 
 
 Temporary exemptions from the CET are provided to new members of the EAEU in order to 
adapt their economies to the new functioning conditions within the framework of the EAEU, based 
on conducting of a single foreign trade policy.  At the end of the transition period, these countries 
are to fully apply the CET.  
 
 Today, such exemptio ns are applied  only by the Republic of Armenia and Kyrgyz Republic . The 
lists of their temporary exemptions are available on the EEC website.  
 
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%2025.11.
2018.pdf  
 
http://www.eu rasiancommission.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%2018.11.
2018.pdf  
 
Questions from the delegation of the European Union  
 
Provisions on trade in goods  
 
1.4.  Follow -up to EU questions 1.16 and 1.19 in document WT/REG358/3/Rev.1 : 
Responses to EU questions 1.16 and 1.19 refer to unilateral non -tariff measures (NTMs) 
by members of the EAEU, and to the obligation of other member States to control the 
observance of those NTM. Has the EAEU pu t in place a system of notification and a 
repository of unilateral NTMs? Is it available to third parties , i.e. citizens, companies, 
WTO  Members?  
 According to the EAEU Treaty ( Chapter X of the Annex 7) any member must notify the EEC 
about application of unilateral measure at least three  days before such application and propose to 
other countries to join. If (the other countries) reject the country may apply such measure 
unilatera lly (for a period) not longer than six  months. EEC informs other countries about such 
decision so they could control its observance. The information about unilateral NTMs is available on 
the official site of the EEC. 
http://www.eurasiancommission.org/ru/act/trade/catr/nontariff/Documents/Vremmeri/interim.pdf  
 
1.5.  Follow -up to EU question 1. 21 in document WT/REG358/3/Rev.1 : Response to 
EU question 1.21 refers to the lack of information by RF authorities of rejections by Russia 
of certificates of conformity issued by other EAEU members. As a well -known example of 
rejection by Russia of certificates of conformity issue d by other EAEU members: in 
WTO  DS-499 (Russia – Railway equipment) the expert panel established the wrongful 
refusal of the RF to recognize certificates issued by Belarus and Kazakhstan.  The EU would 
like to receive confirmation of whether such rejection has a legal basis in current RF law . 
 The Panel Report in DS499 is currently under appeal, thus, Russia is not in the position to 
comment on the substance of this dispute.  
 WT/REG358/4  
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  1.6.  Follow -up to EU question  1.31 in document WT/REG358/3/Rev.1 : The response 
provided does not clarify whether Kazakhstan  and Belarus applied and/or continue to 
apply temporary customs privileges granted by the WTO to Russia in the automotive 
sector. The EU kindly requests a response.  
 Temporary customs preferential duty rates for the automotive sector, provided to the 
Russi an Federation, were eliminated by decision of the EAEU Council No. 73 of 14 September  2018. 
Kazakhstan and Belarus supported the adoption of this decision. Kazakhstan  and Belarus  did not 
and do not  apply temporary customs privileges granted by the WTO to R ussia in the automotive 
sector. Instead , Kazakhstan and Belarus use CET for imports of automotive components.  
 
Questions from the delegation of the United States  
 
Provisions on t rade in goods  
 
1.7.  Follow -up to question 1.89  in document WT/REG358/3/Rev.1 : Thank  you for the 
explanation that exceptions to the Common External Tariff applies "in accordance with 
the list of good and rates approved by the Commission based on the accession 
agreement" . Please provide that "list of goods and r ates approved by the Commiss ion". 
 Import customs duties rates, different from those of CET of the EAEU, are applied by the 
Republic of Armenia and the Kyrgyz Republic.  
 
 These decisions of the Commission are published on the Commission' s website at:  
http://www.eurasiancommission.org/ru/act/trade/catr/ttr/Pages/stavki.aspx . 
 
1.8.  Follow -up to q uestion 1.90  in document WT/REG358/3/Rev.1 : Thank you for the 
information concerning the percentage of duty -free goods entering the individual member 
States of the Customs Union. If the Customs Union (now EAEU) had a common external 
tariff in 2015, why is the percentage of duty -free goods entering  Belarus (46.82 %) 
significantly higher than the percentage of duty -free goods entering Russia (33 %) and 
Kazakhstan (approximately 33 %)? 
 Belarus does not have such amount of raw materials as the Russian Federation and 
Kazakhstan have. That is the reason wh y the structure of import entering Belarus differs f rom import 
of other EAEU member S tates. Moreover to optimize logistical and other expenditures customs 
clearance of the great quantity of goods designated to the Russian Federation is exercised on the 
territory of Belarus including the goods with zero import duty rate. The percentage of 46.82 % is 
referred to the statistics on all import customs procedures. For the customs procedure of the release 
for domestic consumption the percentage of duty free goods e ntering Belarus is 37 .69%. 
 
Other export -related measures  
 
1.9.  Follow -up to question  1.96 in document WT/REG358/3/Rev.1 : Thank you for your 
clarification regarding customs service fees. We understand from your response that 
services fees "var[y] in different m ember States of the Union" . How will the EEC ensure 
that each member State's distinct fees comply with the  WTO GATT Article  VIII and 
EAEU  Customs Code to ensure customs services or processing fees are limited in amount 
to the approximate cost of services rendered?  
 According to paragraph 3 of Article 47 of the EAEU Customs Code, the value of customs fees 
may not exceed the approximate cost of the services rendered in connection with which customs 
fees are set. Hence, all member States of the EAEU are oblig ed to co mply with this provision 
of the Code.  WT/REG358/4  
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  Standards  
 
1.10.   Follow -up to question  1.97 in document WT/REG358/3/Rev.1 : We appreciate the 
information regarding the process by which co -developers and national authorities can be 
members of a Working Group. How do  "other stakeholders" find out about the possibility 
of participating in a Working Group and how do they become a member?  
 According to paragraphs 44 and 45 of the Annex I of the EEC treaty, the Collegium of the 
Commission has the right to establish the co nsultative bodies under the Collegium, and the 
consultative bodies include the representatives of State authorities of the member States. Ba sed on 
the proposals of member S tates, the consultative bodies also include the representatives of business 
communit ies, scientific and public organizations, and other independent experts. Other stakeholders 
may send a request to the national authorities with their interests in participation in the development 
of legal acts or becoming the member of the relevant Working  group.  
 
 Also, other stakeholders may send their request to the Commission in a written form (letter 
or email) in Russian or in any other member 's State language, except for the application of special 
protective, anti -dumping and compensatory measures in relatio n to third countries (paragraph  93 
of the Regulation of the work of the EEC No. 98 of 23.12.2014).  
 
 In addition, according to the Regulation on common procedures of examination of regulatory 
legal acts in the field of application of sanitary, veter inary and phytosanitary measures, adopted by 
the Collegium decision of the EEC No.  212 of 06.11.2012, in order to initiate  the examination of the 
legal acts the Consultative committee establishes an expert group, which consists of the 
representatives of the authorized bodies of member States and other interested stakeholders. If 
necessary, the members of the EEC and independe nt experts may be included into the expert group.  
 
1.11.   Follow -up to question  1.102  in document WT/REG358/3/Rev.1 : Thank you for the 
detailed description of the process for developing TBT and SPS measures. Council Decision 
No. 48 "Rules of Procedure of Drafting , Adopting, Amendment and Abolishment of the 
EAEU Technical Regulations" ( 20 June  2012) refers throughout to "technical regulations" . 
Does Decision No. 48 apply to the development of sanitary and phytosanitary (SPS) 
measures for agricultural and food produ cts as well as industrial products? If not, please 
identify the corresponding Decision(s) g overning the development of SPS  measures.  
 Decision No. 48 applies to the development of the EAEU technical regulation including those 
that establish general sanitar y and phytosanitary requirements.  
 
 The procedure for developing, approving, amendment and applying common sanitary, 
epidemiological and hygienic requirements and procedures was app roved by the EEC Decision 
of 18 October 2016 No. 109.  
 
 Development of othe r SPS measures, including veterinary -sanitary and phytosanitary 
measures, is govern ed by the following regulations:  
 
 - Annex I of the Treaty on the Eurasian Economic Union adopted on 29.05.2014;  
 
 - Regulation of the work of the EEC adopted the Decision of the High Eurasian Economic 
 Council No. 98 of 23.12.2014;  
 
 - Regulation of the work of the Consultative committee on technical regulation, 
 application of sanitary, veterinary -sanitary and phytosanitary measures adopted by the 
 Collegium decision No.  37 of 24.04.2017.  
 WT/REG358/4  
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  Sanitary and p hytosanitary measures  
 
1.12.   Follow -up to question  1.105(a)  in document WT/REG358/3/Rev.1 : Please explain 
the rational e behind the statement that "Provisions of the EAEU Treaty are in full 
conformity with the WTO SPS Agreement" if the EAEU Treaty permits reliance on 
"international and regional  standards" (emph asis added) whereas the 
WTO  SPS Agreement directs Members to ba se their SPS measures on "international 
standards, guidelines or recommendations  …", without reference to regional standards.  
 While developing the provision of the EAEU Treaty the Parties of this agreement reflected 
relevant provisions of the WTO legal co rpus with an understanding that  at least one of the  
EAEU  members had no commitments  related to the WTO SPS Agreement.  
 
 The EAEU considers the standards that were developed  by a regional organization operating 
under the IPPC, which according to the WTO, fall under the definition of an international standard, 
as regional standards.  
 
 In addition, t he EAEU confirms that the EAEU m ember States that are WTO Members adhere 
to the provisions of the WTO SPS Agreement  to the full extent . 
 
Technical b arriers to trade 
 
1.13.   Follow -up to question  1.107  in document WT/REG358/3/Rev.1 : While we 
appreciate the information regarding the use of international standards, we continue to 
have questions:  
• The factual summary indicated that "the use of international standards in the 
development of EAEU's technical regulations is encouraged (paragraphs 2 and 3 of 
the Protocol on Technical Regulation, respectively)". However, the TBT Agreement 
states that Members shall  use international standards unless ineffective or 
inappropriate. Plea se clarify how the EAEU member States that are WTO Members 
ensure that technical regulations drafted for the EAEU are based on international 
standards, unless they are ineffective or inappropriate, even though the EAEU only 
"encourages" their use?  
• Furtherm ore, your response indicates that the EAEU defines an international 
standard as one "adopted by [an] international organization on standardization" . In 
contrast, the WTO TBT Committee Decision on Principles for the Development of 
International Standards, G uides and Recommendations with Relation to Article 2, 5 
and Annex 3 of the Agreement  (TBT Committee Decision) identifies the principles – 
transparency, openness, impartiality and consensus, effectiveness and relevance, 
coherence, and development – by which international standards are elaborated and 
not on the body. How have the EAEU membe r States that are WTO Members 
implemented the TBT Committee Decision and ensured that all standards that meet 
the principles are considered international, including in the technical regulations 
developed by the EEC?  
 In accordance with paragraph 3 of the A nnex No.  9 to the EAEU Treaty relevant international 
standards, shall be used as the basis for development of the EAEU technical regulations, except for 
the cases when relevant documents are absent or they do not comply with the purposes of adoption 
of the  EAEU technical regulations . 
 In addition, according to paragraph 12 of the Regulation on drafting, adoption, amendment 
and cancellation of the EAEU technical regulations (adopted by the Council Decision of the EEC No.  48 
of 20.06.2012), the package of the  documents to the draft of technical regulation encloses the list 
of international standards (including regulations, directives, recommendations and other documents 
adopted by international organizations on standardization) and explanation to this list alo ng with 
other documents.  
 
 Тhe EAEU recognizes standards developed by international organizations on standardization 
that comply with the principles established in the TBT Committee Decision as international standards.  
 WT/REG358/4  
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   In addition, the EAEU  Treaty states that international standards shall be used as the basis for 
development of the EAEU technical regulations. Moreover, in accordance with paragraph 12 of the 
Regulation on drafting, adoption, amendment and cancellation of the EAEU technical re gulations 
(adopted by the Council Decision of the EEC No. 48 of 20.06.2012), the package of the documents 
to the draft of technical regulation encloses the list of international standards (including regulations, 
directives, recommendations and other docume nts adopted by international organizations on 
standardization) and explanation to this list along with other documents.  
 
1.14.   Follow -up to question  1.114(f)  in document WT/REG358/3/Rev.1 : Thank you for 
the clarification regarding conformity assessment procedure s. We are concerned, 
however, by the statement that "Only certificates of conformity issued by a conformity 
assessment body of the EAEU are acceptable".  Does the EEC have the authority to accept 
certificates of conformity or declarations of conformity issu ed by conformity assessment 
bodies outside the EAEU if the procedures of those bodies lead to results that provide 
assurance of conformity equivalent to the results from the EAEU's procedures? Please 
provide information on whether foreign conformity assess ment bodies can apply to be 
recognized within the EAEU so that their declarations and certifications can be accepted. 
Given WTO TBT Agreement Article 6.1, how are EAEU member States t hat are 
WTO  Members able to accept the results of conformity assessment p rocedures that 
provide an equivalent level of assurance for products covered by EEC regulations?  
 Currently, the EAEU is developing an Agreement on procedure and conditions of elimination 
of technical barriers to mutual trade with third countries. After th e adoption of this Agreement, the 
EAEU member States will be able to determine mechanisms for recognition of conformity assessment 
results issued in third countries.  
 
The EAEU Customs Code  
 
1.15.   Follow -up to question  1.119  in document WT/REG358/3/Rev.1 : Thank you for the 
explanation regarding the development of the national single windows. If each member 
State develops its own Single Window, how will the EEC ensure that the EAEU Customs 
Code is applied uniformly across the EAEU?  
 The Customs Code of the  Eurasian Economic Union is the basic document regulating the 
customs issues in the Eurasian Economic Union. Each EAEU  member State develops its national 
single window on its own but in accordance with the approved  by the decision of the 
Supreme  Eurasian E conomic Council plans and concepts and provisions of the EAEU Customs Code.  
 
 At present, the EAEU is developing a legal basis for creation of single windows, which will 
provide the exchange of information between all single windows in the field of import/ export and 
transit operations via so -called electronic "Stream of Data ". 
 
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