Advisory opinion on the application of the Ministry of National Economy of the Republic of Kazakhsta
Name and Surname: Olzhas Abdukhamitov
Date: 26 January 2018
Research Task One: Primary Legislative Acts
Document:
Act: № СЕ-2-3/1-16-БК
Institution: Court of Eurasian Economic Union
Title: Advisory opinion on the application of the Ministry of National Economy of the Republic of Kazakhstan on clarification of the issue of preliminary customs declaration of goods for which tariff quotas have been established
Commentary:
In this advisory opinion Court of Eurasian Economic Union asked to clarify “whether lowered rates of import customs duties provided for the import of goods within the established volume, if the release of goods, in relation to which was submitted a preliminary customs declaration, is carried out after the expiration of the validity of the import license goods imported within the limits of tariff quotas” (Advisory Opinion, 2016). To put it simple the what should we do with the exporters or importers of the goods, which are given special priority as “tariff quote” in case they have expired license.
Conclusions that were derived from this court meeting are solid and consistent in their explanation of addressed question. Therefore, it is obvious that despite low interest among the local population, Court of EEU is powerful enough to evaluate and give precise answer to every question member-state or different entities have. In this advisory opinion, Court of EEU addressed three main points in order to elaborate addressed question.
Firstly, court has an extensive explanation of “tariff quotes” and its function. According to “Protocol on unified customs and tariff regulation” signed in Minsk 2009, “Tariff quotes” are quotes distributed among countries by EEU Commission and operated under its jurisdiction. They are given to the countries in order to keep balance between the vital imported goods to the Union itself. Therefore, member-states have a duty to control distribution of those quotes. Consequently, there are two types of goods: goods that are eligible to receive “tariff quote” and those which are not (non-tariff regulated goods) intuitively goods that are not prioritized, but still imported to the territory of Union. Secondly, “export and/or import license” which is essential to provide the quality and have a responsible side for the imported goods. According to this advisory opinion, member-states have the duty to appoint the competent legislative entity within the borders of their states. Here Court makes significant emphasis, that there should not be any import without those licenses, despite the fact that those goods were declared by custom duties and has been signed as eligible to “tariff quotes”. Moreover, it emphasizes that there is no possibility to divide those two mechanisms of control, since they are operating together. Finally, Court introduced norms and procedures of importing the goods to the Custom Union. The significance of this advisory opinion for the most part is the quality of the goods to the EEU, that should be strictly controlled via regulation mechanisms.
Reference list:
Advisory Opinion (Court of Eurasian Economic Union November 1, 2016). Retrieved from https://docs.eaeunion.org/docs/en-us/01412062/ac_30112016
Приложение к Решению Межгоссовета ЕврАзЭС (высшего органа таможенного союза) от 11 декабря 2009 г. № 25. (2009). Eurasiancommission.org. Retrieved 26 January 2018, from http://www.eurasiancommission.org/_layouts/Lanit.EEC.Desicions/Download.aspx?IsDlg=0&print=1&ID=2775