Agreement on common measures of non-tariff regulation in relation to third countries
Name and Surname: Khamza Sharifzoda
Date: 23 January 2018
Word count: 500
Research Task One: Primary Legislative Acts
Document:
Act:
Institution: Eurasian Economic Commission
Title: Agreement on common measures of non-tariff regulation in relation to third countries
Commentary:
The document in question provides articles that aim to harmonize non-tariff barriers and regulations in regard to third countries.
In general, export and import of goods from third countries are conducted without any quantitative restriction, except for a few cases. This can include temporary restrictions on exports to prevent or reduce the critical shortage in the domestic market. Temporary restrictions on imports of agricultural goods and aquatic biological resources are allowed to reduce the production or sale of a similar domestic product or remove from the market a temporary surplus (Article 3).
Some foreign trade activities may be limited by granting the exclusive right to export and/or import certain types of goods. This is carried out on the basis of a license. Also, monitoring of exports and/or imports of certain types of goods is possible through the issuance of permits for the export and/or import of goods under a few conditions. This includes the procedure for obtaining permits to be simplified as much as possible, so as not to restrict exports and/or imports of goods (Article 4);
The document also leaves space for introducing regulatory measures that can affect foreign trade under certain conditions. This includes the necessity to protect the health of citizens and the environment, to ensure defense and security, to fulfill international obligations, to protect cultural property and cultural heritage, to observe public morals or law and order and can be related to the export and/or import of gold or silver. International trade may also be limited to measures that are necessary for the participation in international sanctions in accordance with the provisions of the United Nations (Article 8).
The parties may unilaterally introduce measures of non-tariff regulation for a period not exceeding six months after the transfer of authority to the Commission or after the creation of a single customs territory. In case, one of the party introduces measures of non-tariff regulation in the form of a ban or restriction of the export of domestic goods to third countries, other parties that do not apply these measures will not allow the export of these goods without the availability of a license and/or authorization issued authorized state body of executive power of the state of that party (Article 9).
Disputes related to the application or interpretation of the provisions of this document should be resolved through consultations and negotiations between the parties. In case parties fail to reach an agreement, it will be referred to the Court of the Eurasian Economic Community (Article 11).
Overall, the agreement attempts to harmonize rules of member state countries governing international trade with third (non-member) countries. One of the purposes is to establish a unified procedure for the import/export of goods from the non-member states. This is a very important step in the creation of a Eurasian custom union. It is also note-worthy that throughout the document, the articles emphasize the WTO principle of non-discrimination. However, one of the concerns is whether the Court will be effective and unbiased in resolving the disputes that will eventually rise between member-states.