DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of October 24, 2008 No. 01-1/8-07

Economic Court of the Commonwealth of Independent States in structure:

the chairman - the Chairman of Economic Court of the CIS Abdulloyev F.,

judges of Economic Court of the CIS: Zholdybayeva S. Zh., Kamenkova L. E., Kerimbayeva A. Sh., Molchanovy T.N.,

in case of the court clerk Medvedeva T. E.,

with participation of the representative of Executive committee of the CIS Tyshkevich M. M., the General adviser of Economic Court of the CIS Aleynikov D. V., specialist Tomashevich T. A.,

having considered case on request of Commonwealths of Independent States Executive committee on interpretation in proceeding in open court,

ESTABLISHED:

In Economic Court of the CIS the Executive committee of the CIS made inquiry about interpretation of provisions of article 3 of the Agreement on creation of the free trade area of April 15, 1994 with the changes brought by the Protocol of April 2, 1999 on modification and amendments in the Agreement on creation of the free trade area of April 15, 1994.

The letter of the Ministry of the industry and trade of the Republic of Kazakhstan on the question concerning introduction by the Order of the Government of the Republic of Kazakhstan "About measures for strengthening of control of activities of the business entities occupied with collection (procurement), storage, conversion and realization of scrap and waste of non-ferrous and ferrous metals" of January 6, 2000 No. 23 of export restrictions of scrap and waste of non-ferrous and ferrous metals only certain modes of transport - railway and sea formed the basis for request.

The executive committee of the CIS asks to explain whether export restrictions of scrap and waste of non-ferrous and ferrous metals by types of the transport used for their transportation belong to measures, stipulated in Article 3 Agreements on creation of the free trade area of April 15, 1994.

Having heard the judge-speaker Kamenkova L. E., having discussed the conclusions of the General adviser of Economic Court of the CIS Aleynikov D. V., the specialist Tomashevich T. A. and having researched the materials which are available in case, the Economic Court of the CIS came to the following conclusions.

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