Евразийское экономическое сообщество

TREATY

on the status of the Basics of the Eurasian Economic Community legislation and on the Procedure for their Elaboration, Adoption and Implementation

on 18 June 2004¹

The Member States of the Eurasian Economic Community, hereinafter the Parties,

guided by the Treaty on the establishment of the Eurasian Economic Community, dated 10 October 2000, and the Agreement on the legal groundwork for the formation of a customs union and the common economic space, dated 26 October, 1999,

striving to pursue a coordinated legal policy ensuring the effectiveness of cooperation on integration within the Eurasian Economic Community (hereinafter “the EurAsEC”),

acknowledging the necessity to elaborate a unified procedure for regulating legal relations within the EurAsEC,

have agreed on the following:

Article 1

Subject of Regulation

With the present Agreement, the Parties shall define the status of the Basic Legislative Principles of the Eurasian Economic Community (hereinafter “the EurAsEC Basic Legislative Principles”) and shall establish a unified procedure for their elaboration, consideration, adoption, amendment, suspension and cessation.

The EurAsEC Basic Legislative Principles shall be defined as the EurAsEC legal acts establishing the legal regulatory norms in basic areas of legal relations uniform for the Parties and adopted by respective agreements between the Parties (hereinafter “the agreements on the adoption of the EurAsEC Basic Legislative Principles”).

Article 2

The principles of the elaboration of the EurAsEC

Basic Legislative Principles

When elaborating the EurAsEC Basic Legislative Principles, the following standards shall be observed:

а) conformity of the EurAsEC Basic Legislative Principles with the accepted principles and norms of international law;

б) thorough study of legal, socio-economic and other consequences of the implementation of the EurAsEC Basic Legislative Principles.

Article 3

Elaboration, consideration, adoption, amending,

suspension and cessation of the EurAsEC

Basic Legislative Principles

Elaboration, consideration, adoption, amending, suspension and cessation of the EurAsEC Basic Legislative Principles shall be effected in accordance with the enclosed Procedure for elaboration, consideration, adoption, amending, suspension and cessation, this being an integral part of the present Agreement.

Article 4

Procedure for the entry into force

of the agreements on the adoption of the EurAsEC

Basic Legislative Principles

The agreements on the adoption of the EurAsEC Basic Legislative Principles shall enter into force on the date on which the last written notification stating that the Parties have implemented the domestic procedures necessary for their entry into force shall be transmitted to the depositary.

Article 5

Monitoring the implementation of the EurAsEC

 Basic Legislative Principles

The Parties’ state authorities shall monitor, within their competence, the implementation of the EurAsEC Basic Legislative Principles by making a legal examination of the draft legislative acts and other legal texts in order to check their conformity with the EurAsEC Basic Legislative Principles and provide respective information to the parliaments and governments of the Parties.

The EurAsEC Integration Committee Secretariat shall notify the EurAsEC Interstate Council, the Interparliamentary Assembly and the EurAsEC Integration Committee of the implementation of the EurAsEC Basic Legislative Principles.

Article 6

Exchange of information

Using national information resources, the Parties shall exchange information about the implementation of the EurAsEC Basic Legislative Principles via the EurAsEC Integration Committee Secretariat and the Secretariat of the EurAsEC Interparliamentary Assembly Bureau.

Article 7

Entry into force

The present Agreement shall be subject to ratification and shall enter into force on the date on which the last instrument of ratification is transmitted to the depositary.

Article 8

Accession

The present Agreement may be acceded to by any state affiliated to the EurAsEC. The document on accession to the present Agreement shall be transmitted to the depositary.

The present Agreement shall enter into force for an affiliated state on the date at which the document on accession to the present Agreement is transmitted to the depositary.

Article 9

Correlation with other international agreements

The present Agreement shall not affect the Parties’ rights and commitments ensuing from other international agreements to which they are a party.

Article 10

Amending

The present Agreement shall be amended by mutual agreement of the Parties and formalized by protocols which shall be integral parts of the present Agreement and shall enter into force in accordance with the procedure stipulated by Article 7 of the present Agreement.

Article 11

Dispute settlement

Disputes between the Parties on the interpretation and/or implementation of the present Agreement shall be settled by negotiations or consultations between the Parties.

Article 12

Period of validity

The present Agreement shall be concluded sine die. Each Party has the right to withdraw from the present Agreement by notifying the depositary thereof in writing at least twelve months in advance and after settling its commitments within the EurAsEC.

Done at Astana on 18 June 2004, in a single original in Russian.

The original shall be deposited with the Integration Committee of the EurAsEC, which shall transmit a certified copy thereof to each Party.

For the Republic of Belarus                               A. Lukashenko

For the Republic of Kazakhstan                        N. Nazarbayev

For the Kyrgyz Republic                                    A. Akayev

For the Russian Federation                               V. Putin

For the Republic of Tajikistan                           E. Rakhmonov