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Mikhail Myasnikovich: “It is necessary to optimize the procedure for elaboration and implementation of decisions in the EAEU”

Mikhail Myasnikovich: “It is necessary to optimize the procedure for elaboration and implementation of decisions in the EAEU”

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2/20/2021

Implementing decisions adopted by the Eurasian Economic Union's governing bodies in the field of technical regulation, performing the internal coordination of the draft Agreement on using navigation seals for tracking shipments in the EAEU, introducing the labeling of goods with identification means on the territory of the Russian Federation and importing such goods into the Russian Federation from the Member States’ territory, as well as implementing the instructions of the Eurasian Intergovernmental Council on supplying scrap of ferrous and non-ferrous metals was discussed by the participants of the 4th meeting of the Committee on the elimination of differences and controversial situations and ensuring the freedom of goods movement in the EAEU chaired by Mikhail Myasnikovich, Chairman of the Eurasian Economic Commission's Board, on February 19.

The Head of the EEC Board noted that, in order to build efficient work, a fundamental discussion is required to address problematic issues and the ways of their solution, as well as the styles and methods of joint work with the Union countries. 

“Deficiencies have a negative impact on the economies of our States and the integration process in general. Regardless of the applicable approach to improving the procedure for elaborating and making decisions, issues are being resolved for an inadmissibly long time. Therefore, I believe that it is necessary to optimize the procedure for elaborating and implementing decisions,” Mikhail Myasnikovich emphasized.

According to the Head of the EEC Board, the sides evade decision-making, because additional efforts are required at the local level. He also expressed dissatisfaction with the lack of proper monitoring of the implementation of decisions adopted by the Union’s governing bodies.

Mutual trade decreased by 20% in 2020. At the same time, exports to third countries amounted to 71%, while imports - to 84%. According to the Chairman of the EEC Board, the COVID-19 pandemic is not the only reason for that. On the one hand, this imbalance results from a lack of active work. On the other hand, the EAEU has a small amount of highly liquid goods. Even insignificant flows of such goods are faced with all kinds of obstacles created by countries that do not take into account the opinion of other partners. “The obstacles are not created by the Commission, the obstacles are created by the countries,” Mikhail Myasnikovich emphasized. “And when we come up with certain questions, we see a certain dissatisfaction.”

The Head of the EEC Board gave an example of the Integrated Information System. Only the Russian Federation is connected to its 19 common processes launched. The Republic of Armenia is connected to 14 processes, Belarus - to 12 processes, and Kazakhstan - to 13 processes. About 30 common processes are in high readiness. However, the EEC noted a different level of readiness for connection shown by the Union countries. “Therefore, it is necessary to work proactively with more initiative. Sometimes representatives of the sides work “to switch off”, so to speak. Related issues are resolved poorly. These are disadvantages as well,” stated the Chairman of the EEC Board. In this regard, Mikhail Myasnikovich urged to make decisions of direct action.

The consultation was attended by Members of the EEC Board: Minister in charge of Technical Regulation Viktor Nazarenko, Minister in charge of Customs Cooperation Oleg Pankratov, Minister in charge of Internal Markets, Informatization, and ICT Gegham Vardanyan, as well as representatives of the authorized bodies of the EAEU countries.

Commenting on the issue of non-compliance by the Member States with the fundamental decisions adopted by the Union's governing bodies in the field of food safety, Viktor Nazarenko noted that three EAEU countries - the Republic of Armenia, the Republic of Kazakhstan and the Russian Federation - do not comply with a number of articles of the technical regulation “On food safety”, which establish mandatory requirements for conducting state registration of production facilities for the receipt, remaking (processing) of unprocessed food raw materials of animal origin, ensuring their identification and entering information about them as the EAEU manufacturers in the national registers of countries, which should be publicly available to all interested persons.

“As a result, manufacturers of food products of animal origin practically do not have the official status of a “manufacturer” in accordance with TR CU 021/2011. Failure to comply with the mandatory requirements of technical regulations does not give them the right to accept documents on conformity assessment and, consequently, to label products with a single trademark adopted on the Union's market and release them into circulation on a single market,” Viktor Nazarenko believes.

Therefore, the Commission has repeatedly drawn the countries' attention to the need in implementing these documents at different levels and at various venues. In this regard, the EEC invited the public authorities of the three countries authorized to interact with the Commission to have the appropriate work done with a view to bringing national legislation in line with Articles 31-36 of the technical regulation “On food safety”. The EEC is planning to notify the Republic of Armenia, the Republic of Kazakhstan and the Russian Federation about the need to comply with these articles of the technical regulations.

Viktor Nazarenko also noted the non-fulfillment of the Commission’s action plans as part of the stated priorities of the Kazakh-Kyrgyz-Belarusian chairmanship to amend the Regulation on a unified procedure for conducting joint inspections of objects and goods subject to veterinary control.

The practice of applying the document has shown that it is the main instrument for introducing restrictions and prohibitions on the movement of food products of animal origin in the single EAEU market. At the same time, the authorized bodies in the field of veterinary medicine in many cases monitor the requirements of technical regulations, take veterinary measures that lead to restrictions on mutual supplies, which is not stipulated in the legislations of the Union countries. In order to resolve these problems, the Commission, together with the authorized bodies, has corrected this document in 2019.

The EEC Board has postponed its review several times at the request of the Russian Federation, given the need to form a unified position. The EEC expects the Russian side to present its common position by March 20, 2021.

In addition, paragraph 2 of Decision No. 149 adopted by the Commission's Council is not being implemented in terms of supplementing the document with a clear definition of the “interim measures” concept, the rationale for its introduction, and the content of the interim measures. Despite the deadline set, i.e. the fourth quarter of 2016, the order has not been fulfilled to date. According to the Commission, it is beneficial for many authorized bodies to have a non-specific document that does not regulate this concept in order to freely interpret its provisions and make unreasonable decisions.

In this regard, the Commission has prepared amendments to the 149th decision, which strictly corresponds to the current Treaty on the EAEU. However, virtually no Union country has provided any consolidated adjustment proposals.

The EEC invites the Union countries to elaborate this issue at the level of executive bodies responsible for the interaction with the Commission by April 1, 2021, express their position and, if available, submit proposals for amending the Treaty, give formulations regarding veterinary-sanitary and quarantine-phytosanitary measures, after which the document will be submitted for consideration by the EEC Board in the second quarter of this year.

Oleg Pankratov, Minister in charge of Customs Cooperation of the EEC, noted in his speech that on February 17 this year, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation completed the internal coordination of the draft Agreement on using navigation seals for tracking shipments in the EAEU. At the same time, no information was received from the Republic of Armenia.

He noted that, given the agreement between the sides to sign the document in the second quarter of 2021, the Republic of Armenia was recommended to accelerate the internal coordination of the draft agreement, and the sides - to finalize the document taking into account the comments and proposals received. A high-level consultation is scheduled for March 17 this year, during which problematic issues will be discussed. According to the Chairman of the EEC Board, it is difficult to resolve the issue of goods movement without this document.

Speaking about the practice of introducing the labeling of goods with identification means on the territory of the Russian Federation, representatives of the Russian Federal Customs Service noted the problem of goods flow within the EAEU. The EEC trade and customs cooperation unit will keep correcting the situation.

The high-level operational committee also discussed the supply of scrap of ferrous and non-ferrous metal. At a meeting of the Eurasian Intergovernmental Council on February 5 this year, the Heads of Government discussed the possibility of instructing the Governments of the EAEU countries and the Commission to develop an agreed action plan by April 30, 2021.http://eec.eaeunion.org/news/evrazijskij-mezhpravitelstvennyj-sovet-gotovit-perechen-sovmestnyh-mer-po-syrevomu-obespecheniyu-metallurgicheskoj-otrasli-v-ramkah-eaes-/http://eec.eaeunion.org/news/evrazijskij-mezhpravitelstvennyj-sovet-gotovit-perechen-sovmestnyh-mer-po-syrevomu-obespecheniyu-metallurgicheskoj-otrasli-v-ramkah-eaes-/ By this time, the Commission jointly with the EAEU countries will develop an action plan to improve the situation, increase the supply of raw materials for the metallurgical enterprises of the Union.

The Commission will also continue the work on forming the List of measures aimed at eliminating differences and disputable situations and ensuring the freedom of movement of goods in the EAEU.​