RESOLUTION OF BUREAU OF INTER-PARLIAMENTARY ASSEMBLY OF EURASIAN ECONOMIC COMMUNITY

of April 14, 2005 No. 11

About Recommendations about harmonization of the legislation of state members of EurAsEC in the field of state regulation of agro-industrial complex (on the basis of the comparative and legal analysis of national legal systems and taking into account provisions of agreements of the WTO)

The bureau of Inter-parliamentary Assembly decides:

1. Approve the Recommendations about harmonization of the legislation of state members of EurAsEC in the field of state regulation of agro-industrial complex prepared on the basis of the comparative and legal analysis of national legal systems and taking into account provisions of agreements of the WTO (appendices 1, 2).

2. Send the specified documents to parliaments, the Secretariat of Integration Committee of EurAsEC for use in work on harmonization of national legal systems and enhancement of system of law of Community.

Appendix 1

to the resolution of EurAsEC MPA Bureau of April 14, 2005 No. 11

Recommendations about harmonization of the legislation of state members of EurAsEC in the field of state regulation of agro-industrial complex (on the basis of the comparative and legal analysis of national legal systems and taking into account provisions of agreements of the WTO)

These Recommendations about harmonization of the legislation of state members of EurAsEC in the field of state regulation of agro-industrial complex are developed on the basis of the comparative and legal analysis of national legal systems taking into account the universally recognized norms and the principles of international law, including provisions of agreements of the World Trade Organization.

The carried-out comparative and legal analysis showed that in the states of EurAsEC it is necessary to reconstruct considerably management system of the AIC which potentially can significantly lower the costs connected with confirmation of conformity to mandatory requirements and control of observance of such requirements.

Significant effect on process of accession of the countries of EurAsEC to the WTO will be had by the aspiration of the state members of the WTO performing considerable foreign trade transactions to subject measures of "yellow basket" to further reducing.

The agreement on agricultural industry exempts from obligations on reducing the support of structural transformations provided in the form of the investment help as they enter "green basket". The main benefit here, probably, is that selection criteria for inclusion in this "basket" (department from production and limitation on time) in this case are not effective.

With respect thereto the countries of Community need to pay attention to the arising dispute on the future of system of "baskets". The agreement on agricultural industry allows "release of investment subsidies which are usually provided to producers in the developing member countries, from obligations on reducing internal support".

The Kyrgyz Republic joined the WTO not as the developing state, however the basic offer of Kyrgyzstan on agricultural industry includes measures of the special and differentiated mode. And though it is obviously not entered in the Protocol on accession, Kyrgyzstan has opportunity to use "the investment subsidies which are usually provided in agricultural industry of developing countries".

For the state members of EurAsEC which are in process of negotiations on accession, this concession provided to Kyrgyzstan can be also used.

Thus, in state members of EurAsEC it is necessary to pursue coordinated policy in the following directions:

1. Reforming of the legislation on technical regulation for what to parliaments of state members of EurAsEC in perhaps short terms to adopt the corresponding legal acts.

2. Implementation of regulations of the Agreement of the WTO on application of sanitary and phytosanitary measures in national legal systems.

3. Harmonization of legislations of the states of Community regulating the state subsidizing of agricultural products and agricultural producers.

1. Regarding enhancement of the legislation on technical regulation further forming of the regulatory base is necessary, adoption of technical regulations in the states of EurAsEC shall be based on the following general principles:

1) giving of the legislative status to technical regulations;

2) formalization and increase in transparency of the procedure of adoption of the regulating decisions, estimates of possible alternatives, costs and results of decision making, including its impact on different customer groups and business;

3) priority of less tough forms of ensuring compliance before more tough (obligatory certification shall be perceived as exclusive, but not as regular method of confirmation of conformity);

4) obligatory assessment of competitive effects of adoption of technical regulations;

5) introduction of the rule of responsibility of the state departments and officials for the losses caused to business.

It is advisable along with development and adoption of regulations in state members of EurAsEC to carry out work on preparation of the international acts allowing to unify the accepted technical regulations in state members of EurAsEC and to acceptance single technical regulations of EurAsEC (or to recognize national regulations).

2. For implementation of the Agreement of the WTO on application of sanitary and phytosanitary measures in national legal systems it is recommended to be guided by the following principles:

1) veterinary and sanitary measures are based on scientific data, objective assessment of the situation (risk degree);

2) assessment of the situation cannot be used for artificial restriction or discrimination of trade or other protectionist purposes;

3) veterinary and sanitary measures cannot serve for discrimination of goods on country of source;

4) veterinary and sanitary measures shall be adapted for regional conditions taking into account zones, free from infectious diseases and with the low level of their distribution;

5) veterinary and sanitary measures shall not differ significantly from international standards, in case of their difference they to be subject for publication for the notification of concerned parties;

6) requirements for veterinary supervision shall be established in the limits providing accomplishment of veterinary sanitary standards and shall be equivalent for domestic and imported goods;

7) phytosanitary measures shall be based on the scientific principles and the published international standards, instructions and recommendations, and also on the risk assessment corresponding to circumstances;

8) phytosanitary measures are developed and applied without discrimination of the countries in which there are similar conditions, and shall not limit trade more than it is necessary for ensuring proper level of phytosanitary protection;

9) phytosanitary measures shall be adapted for regional conditions taking into account the zones subject to danger of partial distribution of quarantine object and free from quarantine, harmful objects;

10) notifications on projects of the developed phytosanitary measures making considerable impact on trade needs to be published in advance;

11) in legislations of state members of Community it is offered to use the following determinations:

- risk assessment - determination of probability of activation of the natural epizootic centers, drift of causative agents of infectious diseases from the outside, origins and spread of the diseases of animals caused by these factors, and also forecasting of biological and economic effects;

- assessment of phytosanitary risk - decision making on question whether the harmful organism answers criteria of quarantine harmful organism, and assessment of potential biological and economic effects of its introduction;

12) public service of the country, responsible for the matter, shall be created by the governments of state members of Community.

3. For the purpose of harmonization of the legislative conditions regulating the state subsidizing of agricultural products and agricultural producers and coordinating of price policy on products of the AIC it is necessary to provide measures for rapprochement of the current legislation with regulations of agreements of the WTO as there are essential distinctions in regulation of the specified sphere and their discrepancy to regulations of the WTO that is expressed in the lack of the accurate mechanism and criteria determining measures of the state support of agro-industrial complex which often have declarative character in state members of EurAsEC.

Considering stated, for forming of bases of state regulation of agro-industrial production regarding subsidizing and coordination of price policy it is possible to recommend the following:

1. In the Republic of Belarus to draft the Law "About State Regulation of Agro-industrial Production in the Republic of Belarus" taking into account provisions of agreements of the WTO. This regulatory legal act it is necessary to approve legal and economic understanding of such basic organizational categories as "agro-industrial production", "state regulation of agro-industrial production", "agricultural industry", "the producer of agricultural products" and some other.

The accurate regulation of questions of state regulation in the field of agrofood policy is required; pricings, crediting, calculations and insurance; foreign economic activity; state support of scientific activities and development of the social sphere of the village.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info