Article 83. Establishment of a Common Gas Market and Ensuring Access to Services of Natural Monopoly Entities In Gas Transportation
1. Member States shall carry out the phased creation of a common market of gas of the EAEU in accordance with Annex 22 subject to the transitional provisions provided for in paragraphs 4 and 5 of Article 104 of this Treaty.
2. Member States shall develop the concept and program creation of a common gas market of the EAEU approved by the Supreme Council.
3. Member States conclude an international agreement within the EAEU on the formation of the common gas market, based on the provisions of the approved concept and program for the creation of a common market of gas in the EAEU.
4. Member States within the existing technical capabilities, free capacities of gas transmission systems taking into account the agreed indicative (estimated) gas balance of the EAEU and on the basis of civil contracts of the economic entities shall provide free access for the economic entities of other member States to gas transmission systems located in the territories of the member States, to transport natural gas on the basis of common principles, conditions and rules provided under the Annex 22 to this Treaty.
Article 84. Establishment of Common Markets of Oil and Petroleum Products of the Union and Ensuring Access to Services of Natural Monopoly Entities In Transportation of Oil and Petroleum Products
1. Member States shall carry out the phased formation of a common market of oil and petroleum products of the EAEU in accordance with Annex 23 subject to the transitional provisions provided for in paragraphs 6 and 7 of Article 104 of this Treaty.
2. Member States shall develop the concept and program formation of a common oil and petroleum products market of the EAEU approved by the Supreme Council.
3. Member States conclude an international agreement within the EAEU on the formation of the common oil and petroleum products market, based on the provisions of the approved concept and program for the formation of a common market of oil and petroleum products in the EAEU.
4. Member States within the existing technical possibilities in regard to the agreed indicative (estimated) oil balance of the EAEU as well as agreed indicative (estimated) petroleum products balance of the EAEU and on the basis of civil contracts of the economic entities shall provide free access for the economic entities of other member States to transmission systems located in the territories member States on the basis of common principles, conditions and rules provided under the Annex 23 hereto.
Article 85. The Authority of the Commission In the Energy Sector
In the energy sector the Commission monitors the enforcement of this section.
Section XXI. Transport
Article 86. Coordinated (correlated) Transport Policy
1. The EAEU carries out coordinated (correlated) transport policy aimed at ensuring economic integration, consistent and gradual creation of a common transport space on the principles of competition, openness, security, reliability, availability and environmental compatibility.
2. Objectives of coordinated (correlated) transport policy are:
1) creation of a common market for transport services;
2) adoption of correlated measures ensuring common benefits in the transport field and the implementation of best practices ;
3) integration of the transport systems of the member States into the global transport system;
4) efficient use of transit potential of the member States;
5) improvement of quality of transport services;
6) provision of transport security;
7) reduction of the harmful effects of transport on the environment and human health;
8) creation of a favorable investment climate.
3. The main priorities of the coordinated (correlated) transport policy are:
1) forming a common transport space;
2) creation and development of the Eurasian transport corridors;
3) implementation and development of the transit potential within the EAEU;
4) coordination of the development of transport infrastructure;
5) creation of logistics centers and transport organizations providing the transportation process optimization;
6) involvement and use of human resources capacity of the member States;
7) development of science and innovation in the field of transport.
4. Coordinated (correlated) transport policy is formed by the member States.
5. The main directions and stages of coordinated (aligned) transport policy are determined by the Supreme Council.
6. Monitoring of the implementation by the member States of the coordinated (aligned) transport policy is conducted by the Commission.
Article 87. Scope of Application
1. Provisions of this section shall apply to road, air, water and rail transport taking into account provisions of Sections XVIII and XIX of this Treaty and the peculiarities stipulated in Annex 24 to this Treaty.
2. The member States shall seek a gradual liberalization of transport services between the member States. Procedures, conditions and stages of liberalization are determined by international treaties within the EAEU with peculiarities stipulated in Annex 24 to this Treaty.
3. Requirements for transport security (transport safety and transport operation security) are determined by the legislation of the member States and international agreements.
Section XXII. Government (municipal) Procurement
Article 88. Objectives and Regulatory Principles In the Field of Government (municipal) Procurement
1. The member States shall determine the following objectives and principles of regulation in the government (municipal) procurement (hereinafter - Procurement):
regulation of relations in the field of procurement by the legislation of the member States on procurement and international treaties of the member States;
ensuring optimal and efficient expenditure of funds used for procurement in the member States; granting national treatment in procurement to member States;
inadmissibility to third countries in the field of procurement of a more favorable treatment than that accorded among the member States;
ensuring openness of information and transparency of procurement;
ensuring unhindered access of potential suppliers and suppliers of the member States to participate in the procurement conducted electronically through the mutual recognition of electronic signature, designed in accordance with the legislation of a member State, by another member State; ensuring existence of authorized regulatory and supervisory authorities of the member State in procurement (it is allowed that these functions to be carried out by one body);
establishment of liability for violation of the procurement legislation of the member States development of competition and opposition to corruption and other abuses in procurement.
2. This Treaty shall not apply to the procurement, which details constitute the state secret (state secrets).
3. Procurement in the member States shall be conducted in accordance with Annex 25.
4. This section shall not apply to procurement conducted by the national (central) banks of the member States, subject to the provisions of paragraphs second - fourth of this item. The national banks (central) banks of the member States shall conduct procurement for administrative purposes, construction work and capital repair in accordance with their internal rules for procurement (hereinafter – rules for procurement). Regulations on procurement should not be contrary to the purposes and principles set out in this article, including provision of equal access to potential suppliers of the member States. In exceptional cases the decision of the supreme body of the national (central) bank may establish exceptions to these principles. Rules for procurement should include requirements for procurement, including the procedure for the preparation and conduct of procurement procedures (including procurement methods) and the conditions for their application, the procedure for concluding agreements (contracts). The rules for procurement and information on planned and implemented procurement by the national (central) banks of the member States shall be posted on the official websites of national (central) banks of the member States on the Internet in the manner determined by the rules for procurement.
Section XXIII. Intellectual Property
Article 89. General Provisions
1. The Member States shall cooperate in the sphere of protection and enforcement of intellectual property rights and ensure in their territories the protection and safeguarding of these rights in accordance with international law, international treaties and acts constituting the law of the Union and the legislation of the Member States.
The Member States shall cooperate to solve the following key objectives:
harmonisation of legislation of the Member States in the sphere of protection and enforcement of intellectual property rights;
protection of the interests of right holders of intellectual property rights in the Member States.
2. The Member States shall cooperate in the following areas: 1) support for scientific and innovative development;
2) improvement of the mechanisms of commercialisation and use of intellectual property;
3) creation of a favourable environment for copyright holders and holders of related rights in the Member States;
4) introduction of a registration system for trademarks and service marks of the Eurasian Economic Union and appellations of origin of goods of the Eurasian Economic Union;
5) protection of intellectual property rights, including on the Internet;
6) ensuring effective customs protection of intellectual property rights, including through the maintenance of a common customs registry of intellectual property of the Member States;
7)implementation of coordinated measures to prevent and combat trafficking in counterfeit goods.
3.In order to ensure effective protection and enforcement of intellectual property rights, consultations of the Member States shall be conducted to be organised by the Commission.
Following the results of such consultations, proposals shall be developed to address all problematic issues identified in the cooperation between the Member States.
Article 90. Legal Regime of Intellectual Property Objects
1. Nationals of one Member State shall be granted national treatment on the territory of another Member State with regard to the legal treatment of intellectual property. Legislation of a Member State may provide exceptions to the national treatment in respect of judicial and administrative proceedings, including with regard to indication of an address for correspondence and appointment of a representative.
2. The Member States may provide in their legislation any rules ensuring a higher level of protection and enforcement of intellectual property rights than those set out in international legal acts applicable to the Member States, as well as in international treaties and acts constituting the law of the Union.
3. The Member States shall carry out activities in the sphere of protection and enforcement of intellectual property rights in accordance with the following fundamental international treaties:
Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886 (as amended in 1971);
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure of April 28, 1977;
World Intellectual Property Organization Copyright Treaty of December 20, 1996;
World Intellectual Property Organization Performances and Phonograms Treaty of December 20, 1996;
Patent Law Treaty of June 1, 2000;
Patent Cooperation Treaty of June 19, 1970;
Convention for the Protection of Producers of Phonograms Against
Unauthorised Duplication of Their Phonograms of October 29, 1971;
Madrid Agreement Concerning the International Registration of Marks of April 14, 1891, and the Protocol Relating to the Madrid Agreement
Concerning the International Registration of Marks of June 28, 1989;
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of October 26, 1961;
Paris Convention for the Protection of Industrial Property of March 20, 1883;
Singapore Treaty on the Law of Trademarks of March 27, 2006.
Those Member States that are not parties to these agreements shall be obliged to accede thereto.
4.All relations in the sphere of protection and enforcement of intellectual property rights, including identification of specific features of legal treatment applied to certain types of intellectual property, shall be governed in accordance with Annex 26 to this Treaty.
Article 91. Enforcement
1.The Member States shall take enforcement measures to ensure effective protection of intellectual property rights.
2. The Member States shall carry out activities to protect intellectual property rights in accordance with the Customs Code of the Eurasian Economic Union, as well as with international treaties and acts constituting the law of the Union and governing customs legal relations.
3. Authorised authorities of the Member States authorised to protect intellectual property rights shall cooperate and collaborate in order to coordinate their actions for the prevention, detection and restraint of violations of intellectual property rights on the territory of the Member States.
Section XXIV. MANUFACTURING INDUSTRY
Article 92. Industrial Policy and Cooperation
1.The Member States shall independently develop, shape and implement national industrial policy, in particular, adopt national industrial development programmes and other measures of industrial policy, and shall determine the ways, forms and areas of providing industrial subsidies not contradicting Article 93 of this Treaty.
Industrial policy within the Union shall be shaped by the Member States in the main directions of industrial cooperation, as approved by the Intergovernmental Council, and shall be carried out in consultation and coordination with the Commission.
2. The industrial policy within the Union shall be carried out by the Member States based on the following principles:
1) equality and respect for the national interests of the Member States; 2) mutual benefit; 3) fair competition; 4) non-discrimination;
5) transparency.
3. Industrial policy within the Union shall be aimed at accelerating and improving the sustainability of industrial development, improving the competitiveness of industrial complexes of the Member States, implementation of effective cooperation aimed at increasing innovation activity, and elimination of barriers in the industrial sphere, including with respect to the movement of industrial products from the Member States.
4. In order to achieve the objectives of the industrial policy within the Union, the Member States may:
1) to inform each other about their industrial development plans;
2)hold regular meetings (consultations) of representatives of authorised authorities of the Member States responsible for the shaping and implementation of the national industrial policy, including at the venues of the Commission;
3) develop and implement joint programmes for the development of priority economic activities for industrial cooperation;
4) develop and agree on a list of sensitive goods;
5) implement joint projects, including for the development of the infrastructure required to improve the efficiency of industrial cooperation and deepen the industrial cooperation between the Member States;
6) develop process-related and information resources for the purposes of industrial cooperation;
7)conduct joint research and development activities in order to promote high-tech industries;
8)implement other measures aimed at removing barriers and developing mutually beneficial cooperation.
5.If necessary, appropriate implementation procedures for the measures referred to in paragraph 4 of this Article may be developed by decision of the Intergovernmental Council.
6. The Member States shall develop the Main Directions of Industrial Cooperation within the Union (hereinafter “the Main Directions”), to be approved by the Intergovernmental Council and to include, among other things, priority economic activities for industrial cooperation and sensitive goods.
The Commission shall conduct annual monitoring and analysis of implementation results for the Main Directions and, if required, prepare, in agreement with the Member States, proposals for clarification of the Main Directions.
7. When developing and implementing policy in trade, customs tariffs, competition, state procurement, technical regulations, business development, transportation, infrastructure and other spheres, the interests of industrial development of the Member States shall be taken into account.
8.With respect to sensitive goods, the Member States shall hold consultations for mutual consideration of their positions prior to the adoption of any industrial policy measures.
The Member States shall preliminarily inform each other of all planned national industrial policy implementation areas for the approved list of sensitive goods.
Jointly with the Commission, the Member States shall develop the procedure for such consultations and/or mutual notifications, to be approved by the Council of the Commission.
9. For the purposes of industrial cooperation within the Union, the Member States may, upon consultation and coordination with the Commission, develop and apply the following instruments:
1) promotion of mutually beneficial industrial cooperation in order to create high-tech, innovative and competitive products;
2) joint programmes and projects with the participation of the Member States for their mutual benefit;
3) joint technology platforms and industrial clusters;
4)other instruments to promote the development of industrial cooperation.
10. For the purposes of this Article, the Member States may develop any additional documents and mechanisms with the participation of the Commission.
11. The Commission shall provide consultations and coordination to the Member States on the main directions of industrial cooperation within its powers determined under this Treaty, in accordance with Annex 27 to this Treaty.
For the purposes of this Article, the terms shall be used in accordance with Annex 27 to this Treaty.
Article 93. Industrial Subsidies
1. In order to enable stable and efficient development of the economies of the Member States and to create a proper environment for the promotion of mutual trade and fair competition between the Member States, common rules for granting subsidies for industrial goods shall be applied on the territories of the Member States, including for the provision or receipt of services that are directly related to the manufacture, sale and consumption of industrial goods, according to Annex 28 to this Treaty.
2. Obligations of the Member States arising from the provisions of this Article and Annex 28 to this Treaty shall not apply to legal relations between the Member States and third countries.
3. For the purposes of this Article, a subsidy shall refer to:
a) financial contribution provided by a subsidising authority of a Member State (or an authorised institution of a Member State), used for generating (ensuring) benefits and carried out through:
direct transfer of funds (for example, in the form of impaired and other loans), acquisition of a share in the authorised capital or an increase thereof, or an obligation to transfer such funds (e.g., loan guarantees);
full or partial waiver of the collection of payments that would have been otherwise included in the income of the Member State (e.g., tax exemptions, debt relief). In this case, the exemption of exported industrial goods from duties and taxes levied on like products when intended for domestic consumption or any reduction of duties and taxes and refund of such duties and taxes in an amount not exceeding the amount actually accrued, shall not be considered as a subsidy;
provision of goods or services (except for industrial goods or services intended for the maintenance and development of the common infrastructure);
purchase of industrial goods;
b) any other form of income or price support (directly or indirectly) reducing the importation of industrial goods from the territory of any Member State or increasing the exportation of industrial goods into the territory of any Member State with resulting advantages.
The types of subsidies are specified in Annex 28 to this Treaty.
4.The subsidising authority may designate or instruct any other organisation to perform one or more of its functions related to the provision of subsidies. Actions of such an organisation shall be regarded as actions of the subsidising authority.
Acts of the head of a Member State aimed at providing subsidies shall be regarded as actions of the subsidising authority.
5. Any investigation aimed at analysing the conformity of subsidies granted on the territory of a Member State to the provisions of this Article and Annex 28 to this Treaty shall be conducted in accordance with the procedure described in Annex 28 to this Treaty.
6. The Commission shall ensure the control of implementation of the provisions of this Article and Annex 28 to this Treaty and shall have the following powers:
1) to monitor and conduct comparative legal analysis of the legislation of the Member States for compliance with the provisions of this Treaty in respect of subsidies, as well as to prepare annual reports on compliance of the Member States with the provisions of this Article and Annex 28 to this Treaty;
2) to facilitate the organisation of consultations between the Member States on the harmonisation and unification of their legislation on the provision of subsidies;
3) to adopt binding decisions for the Member States provided for by Annex 28 to this Treaty on the basis of voluntary coordination of planned and provided specific subsidies, including:
adoption of decisions on the admissibility or inadmissibility of specific subsidies in accordance with paragraph 6 of Annex 28 to this Treaty on the basis of the criteria outlined in the international agreement within the Union stipulated in paragraph 7 of Annex 28 to this Treaty;
holding a hearing on provision of specific subsidies and adoption of related binding decisions in cases determined by the international agreement within the Union stipulated in paragraph 7 of Annex 28 to this Treaty;
resolution of disputes on matters relating to implementation of the provisions of this Article and Annex 28 to this Treaty and provision of explanations on their application;
4)to request and obtain information on subsidies granted in the procedure and on the terms determined under an international treaty within the Union stipulated in paragraph 7 of Annex 28 to this Treaty.
Sub-paragraphs 3 and 4 of this paragraph shall be applied with account of the transitional provisions of paragraph 1 of Article 105 of this Treaty.
7. All disputes concerning the provisions of this Article and Annex 28 to this Treaty shall be primarily settled through negotiations and consultations. If a dispute may not be settled through negotiations and consultations within 60 calendar days from the date of a formal written request for holding thereof sent by the Member State that initiated the dispute to the respondent state, the claimant state shall be entitled to apply to the Court of the Union.
If the decisions of the Court of the Union are not enforced within a determined period or if the Court of the Union decides that the measures notified by the respondent state are inconsistent with the provisions of this Article and Annex 28 to this Treaty, the claimant state shall be entitled to take proportionate response measures.
8. The period within which the Member States shall be entitled to challenge a specific subsidy provided in violation of Annex 28 to this Treaty shall amount to 5 years from the date of such specific subsidy.
Section XXV. Agro-industrial Complex
Article 94. Objectives and Tasks of Coordinated Agro-industrial Policy
1. In order to ensure the development of the agricultural sector and rural areas in the interests of the population of each the Member State and the Union as a whole, as well as to promote economic integration within the Union, agreed (coordinated) agricultural policy shall be conducted implying the use of control mechanisms provided for in this Treaty and other international treaties within the Union in the sphere of agricultural sector and mutual submission by the Member States to each other and to the Commission of manufacture development plans (programmes) for each sensitive agricultural goods, the list of which shall be compiled on the basis of proposals from the Member States and approved by the Commission.
2. The main objective of the agreed (coordinated) agricultural policy shall consist in the effective implementation of the resource potential of the Member States for optimisation of volumes of competitive agricultural and food products, meeting the needs of the common agricultural market, as well as increasing exports of agricultural and food products.
3.The agreed (coordinated) agricultural policy shall ensure the following:
1) balanced development of the production and markets for agricultural and food products;
2) fair competition between constituents of the Member States, including equal access to the common agricultural market;
3) unification of requirements related to the circulation of agricultural and food products;
4) protection of the interests of manufacturers of the Member States in internal and foreign markets.
Article 95. Basic Areas of Coordinated Agro-industrial Policy and Measures of State Support to Agriculture:
1. Solving the tasks of an agreed (coordinated) agricultural policy refers to the use of mechanisms for interstate cooperation in the following main directions:
1) forecasting in the agricultural sector;
2) state support for agriculture;
3) common agricultural market regulation;
4) common requirements for the production and circulation of products;
5) development of export of agricultural and food products;
6) scientific and innovative development of the agricultural sector;
7) integrated information support of agriculture.
2. In order to implement the measures of the agreed (coordinated)
agricultural policy, regular consultations of representatives of the Member
States shall be organised by the Commission, including with regard to
sensitive agricultural goods, at least once a year. These consultations shall
result in recommendations on the implementation of agreed (coordinated)
agricultural policy within the main directions determined in paragraph 1 of
this Article.
3. When carrying out the agreed (coordinated) agricultural policy, the Member States shall take into account the specific nature of agricultural activities that is not only due to the industrial, economic significance, but also to the social significance of the industry and structural and climatic differences among regions and territories of the Member States.
4. In other spheres of integration interaction, including in the sphere of sanitary, phytosanitary and veterinary (veterinary-sanitary) measures for agricultural and food products, the respective policy shall be conducted with account of the objectives, tasks and directions of the agreed (coordinated) agricultural policy.
5. Within the Union, state support for agriculture shall be provided in accordance with the approaches under Annex 29 to this Treaty.
6. All disputes concerning this Article and Annex 29 to this Treaty shall be primarily settled through negotiations and consultations conducted with the participation of the Commission. If a dispute cannot be settled through negotiations and consultations within 60 calendar days from the date of a formal written request for holding thereof sent by the Member State that initiated the dispute and acting as the claimant state to the respondent state, the claimant state shall be entitled to apply to the Court of the Union. When sending a formal written request for negotiations and consultations, the claimant Member State shall, within 10 calendar days from the date of such request, inform the Commission thereof.
7. For the purposes of implementation of the agreed (coordinated) agricultural policy, the Commission shall:
1) jointly with the Member States develop, coordinate and implement the main directions of the agreed (coordinated) agricultural policy within its powers;
2) coordinate activities of the Member States in preparation of joint development forecasts for the agricultural sector, supply and demand for agricultural and food products;
3)coordinate mutual presentation by the Member States of development programmes for the agricultural sector and its branches;
4) monitor the development of agricultural sectors of the Member States and application of state regulation measures for the agricultural sectors by the Member States, including state support measures for agriculture;
5)monitor prices and analyse competitiveness of products manufactured based on the nomenclature agreed upon by the Member States;
6) assist in the organisation of consultations and negotiations on the harmonisation of legislation of the Member States in the sphere of agricultural sector, including the legislation on state support for agriculture, as well as in dispute resolution related to the fulfilment of obligations in the field of state support for agriculture;
7) monitor and conduct comparative legal analysis of the legislation of the Member States in the field of state support for agriculture in terms of its compliance with the obligations assumed within the Union;
8) prepare and submit to the Member States reviews of the state policy in the sphere of agricultural sector and state support for agriculture in the Member States, including recommendations on improvement of the efficiency of state support;
9) assist the Member States on issues related to the calculation of the amount of state support for agriculture;
10) jointly with the Member States, prepare recommendations on coordinated actions aimed at developing the export potential in the spere of agricultural sector;
11)coordinate the implementation by the Member States of joint scientific and innovative activities in the sphere of agricultural sector, including within interstate programmes of the Member States;
12) coordinate the development and implementation by the Member States of the standardised requirements regarding the conditions of import, export and movement of pedigree products within the customs territory of the Union, methods for determining the breeding value of breeding stock, as well as the forms of breeding certificates (certificates, books of certificate);
13) coordinate the development and implementation of the standardised requirements in the sphere of testing crop types and seeds, as well as coordinate mutual recognition by the Member States of documents certifying the varietal and sowing seed quality;
14) assist in ensuring equal competitive environments within the main directions of the agreed (coordinated) agricultural policy.
Section XXVI. Labor Migration
Article 96. Cooperation between Member States In the Field of Labor Migration
1. The Member States shall cooperate on agreement of their policy in the sphere of labour migration within the Union, as well as to assist the organised recruitment and involvement of workers of the Member States for employment in the Member States.
2. Cooperation between the Member States in the sphere of labour migration shall be carried out through the interaction between state authorities of the Member States having the respective jurisdiction.
3. Cooperation between the Member States in the sphere of labour migration within the Union shall be carried out in the following forms:
1) agreement of common principles and approaches in the sphere of labour migration;
2) exchange of regulatory legal acts;
3) exchange of information;
4) implementation of measures aimed at preventing the spread of false
information;
5) exchange of experiences, internships, seminars and training courses;
6) cooperation in the framework of advisory authorities.
4.Upon agreement between the Member States, other forms of
cooperation in the sphere of migration may be established.
5. The terms used in this Section shall have the meanings set forth
below:
“state of entry” means a Member State entered by a national of another
Member State;
“state of permanent residence” means a Member State which national is
a worker of a Member State;
“state of employment” means a Member State of employment;
“certificates of education” means state education documents, as well as
certificates of education recognised as state education documents;
“customer of works (services)” means a juridical or natural person
providing a worker of a Member State with work based on a concluded civil law contract in the procedure and on the terms provided for by the legislation
of the state of employment;
“migration card” means a document containing information about a national of a Member State entering the territory of another Member State used for registration and control of his/her temporary stay on the territory of the state of entry;
“employer” means a juridical or natural person providing a worker of a Member State with work based on a concluded employment contract in the procedure and on the terms provided for by the legislation of the state of employment;