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FEDERATION TO THE WORLD TRADE ORGANIZATION 52 страница



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1417. He noted that, in accordance with Federal Law No. 164-FZ of 8 December 2003 "On Fundamentals of State Regulation of Foreign Trade Activity" (last amended on 2 February 2006) (Article 16), the Customs Code No. 61-FZ (as last amended on 24 November 2008) (Article 24) and Government Resolution No. 953 of 24 November 2009 "On Ensuring Access to Information on Activities of the Government of the Russian Federation and Federal Executive Bodies", all Federal Executive bodies were required to ensure public access to information with regard to laws, Presidential decrees, government resolutions, as well as their own regulations, orders, rules, instructions, recommendations, letters, telegrams, teletype messages, etc., having an impact on trade. Such access was provided, for example, through printed documents, databases, or placing this information on the Internet. The root e-portal containing the references to all web pages of the State bodies of the Russian Federation was www.gov.ru. The sites publishing documents, related to the international trade regulation in the Russian Federation, were: www.president.kremlin.ru, www.government.ru (general governmental sites with links to particular spheres of regulation), www.economy.gov.ru, www.customs.ru, www.nalog.ru (taxation), www.cbr.ru (financial services), www.gost.ru (standards), www.mte.gov.ru (industry and energy sector), www.vniiki.ru (a general informational resource governed by a State research centre) and others. Such documents were also published in the following printed publications (in addition to those noted above): Rossiyskiy Nalogoviy Kur'er, Nalogovaya Politika I Praktika (documents regarding taxation); Vestnik Banka Rossii (financial regulations); Vestnik Rostehregulirovaniya (documents concerning TBT); Standarti I Kachestvo (documents concerning TBT); Vestnik Rossiyskogo Informacionnogo Centra (documents concerning TBT); Tamozhennie Vedomosti (customs regulations); APK, Ekonomica, Upravlenie (regulations in agriculture); Intellektualnaya Sobstvennost (regulations concerning the intellectual property). He also confirmed that his Government had set up operational enquiry points in conformity with the requirements of the WTO Agreements on TBT and SPS. He also confirmed that his Government was in the process of establishing an operational enquiry point in conformity with the requirements of Article III of the WTO General Agreement on Trade in Services. Responding to the question of the Member regarding transparency issues in customs regulation, he referred to paragraphs 294 through 300 of the Section "Customs Regulations and Procedures" of this Report.

1418. Members requested further information on any legal requirements in the Russian Federation that judicial decisions pertaining to the issues covered by the GATT 1994, the WTO GATS Agreement and other WTO Agreements also be published "in such a manner as to enable governments and traders to become acquainted with them" prior to their entry into force. In particular, they asked for information on where information on laws and regulations affecting the WTO GATS Agreement and Intellectual Property Protection might be published. They also suggested that the Russian Federation consider posting the contents of "Rossiiyskaya Gazeta", "Sobraniye Zakonodatelstva Rossijskoj Federatsii", and "Parlamentskaya Gazeta" on the Internet to improve access by the general public. While many legal provisions existed that laws, regulations, decrees, instructions, etc. be published and be available approximately at the time of implementation, some important rulings, particularly in the area of customs activities, were not easily accessible, and there were few facilities to acquaint traders and the general population with these provisions, prior to their enactment or to provide an opportunity for comment. Members also expressed concerns about the lack of opportunity to provide comments and views on laws, regulations and other measures prior to their implementation.

1419. Members noted that in the areas of licensing of services, it was often difficult to identify the responsible authorities. Moreover the operation of Russian agencies responsible for authorizing, approving or regulating services activities, whether through grant of licence or other approval, lacked transparency and procedures were often unpredictable.

1420. In response, the representative of the Russian Federation noted that Federal Law No. 128-FZ of 8 August 2001 "On Licensing of Specific Types of Activity" (as last amended on 28 September 2010) imposed specific procedural requirements, including criteria and time limits for decisions on licensing and licensing authorities, and requirements for written notification of decisions. Under Federal Law No. 128-FZ licensing procedures and authorised bodies were established by Government Resolutions (according to Article 5 of that Federal Law). All acts of the Government of the Russian Federation were subject to official publication, before they came into effect, with the exception of acts or parts thereof constituting State secrets or confidential information.

1421. Members welcomed this information, but noted that the Law did not cover important sectors, such as activities in the field of communications, production and sale of ethyl alcohol and alcohol products, and market activity related to alcohol.

1422. In response, the representative of the Russian Federation noted that though Federal Law No. 128-FZ did not cover a certain range of activities, including communications, production and sale of alcohol, etc., specific requirements on transparency, including criteria and time limits for decisions on licensing and licensing authorities, and requirements for written notification of decisions, were stipulated in the special Federal Laws regulating those types of activity, namely Federal Law No. 126-FZ of 7 July 2003 "On Telecommunications" (as last amended on 29 June 2010), Federal Law No. 171-FZ of 22 November 1995 "On State Regulation on Producing and Turnover of Ethyl Spirit, Alcohol and Alcohol-Containing Products" (as last amended on 5 April 2010) and Federal Law No. 374-FZ of 27 December 2009 "On Making Amendments in Article 45 of Part One and in Chapter 25.3 of Part Two of Tax Code of the Russian Federation and Some Legal Acts of the Russian Federation, as well as on Acknowledgement of Expiration of the Federal Law "On Fees for Licensing of Activities Connected with Production and Turnover of Ethyl Spirit, Alcohol and Alcohol-Containing Products" (as last amended on 5 April 2010). Further, the representative of the Russian Federation recalled the commitment set-out in paragraph 1404 to publish or otherwise make available all normative legal acts of general application pertaining to or affecting trade in services and other information specified in that paragraph.

1423. With regard to publication of CU agreements, CU Commission Decisions and other CU measures, the representative of the Russian Federation stated that all the information about the activities and decisions of the CU bodies was available on the website www.tsouz.ru. Decisions were posted on this website within two working days after their adoption. He noted that the CU had a dedicated website and the date of publication of a measure on the website was considered to be the official date for determining the date of entry into force of the measure. Decisions of the Commission of the CU of an obligatory nature did not enter into force earlier than 30 days after the date of their publication on the CU website. He also stated that CU Parties were required to publish all decisions of the CU Commission in dedicated national official journals as well as the EurAsEC publications, stating the date of entry into force of a decision, the basis for which was the date of publication on the CU website.

1424. The representative of the Russian Federation informed Members that, in accordance with Article 12 of the Agreement on Introduction and Implementation of Measures Concerning Trade in Goods in the Common Customs Territory in Respect of Third Countries of 9 June 2009, organizations or individual entrepreneurs of the CU Parties could provide comments, as provided for under the procedure of the development of a draft decision on introduction, implementation and abolishment of non-tariff measures, concerning trade in goods with third countries. Proposals on introduction, amendment or elimination of a measure were prepared by a CU Party, in accordance with its national legislation. Interested stakeholders could provide comments on the draft proposal, in accordance with the national legislation of that CU Party. In addition, in cases where a CU Party had concluded an international treaty with a third country that provided for consultations, the government of that country, organizations and entrepreneurs of that country could present their views with regard to the measure in compliance with the terms of the relevant treaty.

1425. Some Members expressed concern that the CU agreements and other measures did not provide for Members and other interested persons to provide comments directly to CU bodies. Since CU authorities were responsible for decisions on matters under the WTO, Members needed to be provided an opportunity to consult with the competent CU authorities and provide comments to them on measures related to compliance with and implementation of WTO provisions.

1426. The representative of the Russian Federation confirmed that from the date of accession, all laws, regulations, decrees, decisions, judicial decisions and administrative rulings of general application pertaining to or affecting trade in goods, services, or intellectual property rights, whether adopted or issued in the Russian Federation or by a competent body of the CU, would be published promptly in a manner that fulfils applicable requirements of the WTO Agreement, including those of Article X of the GATT 1994, WTO GATS Agreement, and the WTO TRIPS Agreement. The representative of the Russian Federation confirmed that, from the date of accession, the Russian Federation and the competent bodies of the CU would update published resources, including websites, containing such measures, on a regular basis and make them readily available to WTO Members, individuals and enterprises. To improve access to such published resources, the Russian Federation would establish an enquiry point which would, from the date of accession, provide assistance to Members and other interested persons in finding and obtaining copies, on a timely basis, of published versions of CU measures and those of the Russian Federation. Such measures would be available to interested persons, while they were in effect and for a reasonable period after they were no longer in effect. He added that the Russian Federation intended to post the contents of editions of "Rossiiyskaya Gazeta", "Sobraniye Zakonodatelstva Rossijskoj Federatsii", and "Parlamentskaya Gazeta" on websites as well, and would keep them current. The Working Party took note of these commitments.

1427. The representative of the Russian Federation further confirmed that, except in cases of emergency, measures involving national security, specific measures setting monetary policy, measures the publication of which would impede law enforcement, or otherwise be contrary to the public interest, or prejudice the legitimate commercial interest of particular enterprises, public or private, the Russian Federation would publish all laws, regulations, decrees (other than Presidential decrees), decisions and administrative rulings of general application pertaining to or affecting trade in goods, services, or intellectual property rights, prior to their adoption and would provide a reasonable period of time, normally not less than 30 days, for Members and interested persons to comment to the responsible authorities before the relevant measure was finalized or submitted to the competent CU bodies. In cases where a CU body was responsible for proposing or adopting CU legal acts, including CU decisions, or other measures corresponding to those specified in the preceding sentence of this paragraph, the competent CU body would publish them before their adoption and a reasonable period would be provided for Members and interested persons to comment to the competent CU body. Any comments received during the period for commenting, whether provided to the Russian Federation or a competent body of the CU, would be taken into account. The Working Party took note of these commitments.

1428. The representative of the Russian Federation confirmed that, from the date of accession, no law, regulation, decree, decision or administrative ruling of general application pertaining to or affecting trade in goods, services, or intellectual property rights, whether adopted or issued in the Russian Federation or by a competent body of the CU, would become effective prior to publication, as provided for in the applicable provisions of the WTO Agreement, including the GATT 1994, the WTO GATS Agreement, and the WTO TRIPS Agreement. The Working Party took note of this commitment.

 

NOTIFICATIONS

 

1429. Members of the Working Party noted that all Members of the WTO were obliged to provide notifications to the various subsidiary bodies of the WTO, pursuant to the covered Agreements. Members of the Working Party requested a specific commitment that the Russian Federation would provide, as from the date of accession, initial notifications for all WTO Agreements, and that the Russian Federation would also comply with the notification requirements of the WTO Agreements with regard to CU agreements and CU Commission decisions, as well as domestic regulations, decrees, decisions or administrative rulings of general application, subsequently adopted by the Russian Federation, which implement any of the WTO Agreements.

1430. The representative of the Russian Federation confirmed that, upon the date of accession, the Russian Federation would submit all initial notifications required by any Agreement constituting part of the WTO Agreement, except for the notifications set-out in Table 38, which would be submitted within the time-frame indicated in that Table. After submitting its initial notifications, the Russian Federation would submit subsequent notifications in conformity with the relevant provisions and procedures of the WTO Agreement. The Working Party took note of these commitments.

 

FREE TRADE AND CUSTOMS UNION AGREEMENTS

 

1431. Members of the Working Party noted that the Russian Federation participated in a number of Preferential Trade Agreements, and that it was customary to provide a detailed description of the scope, nature, and status of such Agreements. This was required to ensure that the value of MFN commitments negotiated in the schedules would be known to all Members. These Agreements currently included: bilateral Free Trade Agreements with CIS Parties; a bilateral Free Trade Agreement with Georgia; a bilateral Free Trade Agreement (signed on 18 August 2000) with the Federal Republic of Yugoslavia (now the Republic of Serbia and the Republic of Montenegro); the Agreement on the Creation of Free Trade Area between CIS countries of 15 April 1994; the Agreement on Customs Union between the Russian Federation and the Republic of Belarus of 6 January 1995; the Agreement on the Customs Union of 20 January 1995 with the Republics of Belarus and Kazakhstan; the Treaty on Customs Union and Single Economic Space of 26 February 1999 and the subsequent Treaty on the Establishment of the Eurasian Economic Community with the Republics of Belarus and Kazakhstan, Tajikistan and the Kyrgyz Republic of 10 October 2000 (as amended by the Protocol of 6 October 2007); the Agreement on the Creation of a Unified State with the Republic of Belarus of 8 December 1999; the Agreement on the Establishment of a Single Economic Space with Ukraine and the Republics of Belarus and Kazakhstan of 19 September 2003; and the Treaty on the Establishment of the Common Customs Territory and the Formation of the Customs Union of 6 October 2007 between the Republics of Belarus, Kazakhstan and the Russian Federation. Implementation of the latter Treaty was initiated on 1 January 2010 among the Russian Federation, Kazakhstan and Belarus with the establishment of a Common External Tariff (CET), adoption of a Customs Union (CU) Customs Code and establishment of CU institutions.

1432. With regard to the establishment of the Customs Union between the Russian Federation, the Republics of Belarus and Kazakhstan, the representative of the Russian Federation stated that the first steps towards establishing this Customs Union had been taken with the approval of the Agreement on the Customs Union between the Russian Federation and the Republic of Belarus of 6 January 1995 and the Agreement on the Customs Union (between the Russian Federation and the Republics of Belarus and Kazakhstan) of 20 January 1995. He added that the Treaty on the Customs Union and Single Economic Space had been signed on 26 February 1999 with the Republics of Belarus, Kazakhstan, Tajikistan and the Kyrgyz Republic. The Agreement foresaw the gradual creation of a Free-Trade Area and a Customs Union that would eventually cover not only trade in goods, but also services (national treatment with respect to access to services markets, including the gradual elimination of existing restrictions on juridical and natural persons) and the movement of capital. In particular, the Agreement set the initial objective of the elimination of all customs tariffs and other restrictions related to trade in goods between the Parties, except those allowed under the WTO Agreement, and the establishment of a Common External Tariff.

1433. The representative of the Russian Federation further explained that in order to continue developing the integration process between the Russian Federation and the Republic of Belarus, the Agreement on the Creation of a Unified State and the Associated Programme of Actions of the Russian Federation and the Republic of Belarus on the Realization of Provisions of the Agreement on the Creation of a Unified State had been concluded on 8 December 1999. The Agreement had been ratified by the Russian Federation on 2 January 2000. The purpose of this Agreement was, inter alia, the establishment of a single economic space and the setting of a legal basis for a common market providing for free trade in goods and services, and free movement of capital and labour within the territory of the Parties, including equal conditions and guarantees for business, as well as implementation of a common trade policy. It also provided for development of a single currency, a common pricing policy, common securities market, common taxation principles, common legislation on foreign investment, and unified energy, transport and communication systems. In practice, however, these objectives had not been implemented and the trade regime or granting of additional preferences in trade between the Russian Federation and Belarus had not been effectively modified by this Agreement.

1434. In order to continue progress towards the establishment of the Customs Union and Single Economic Space, the representative of the Russian Federation explained that the Treaty on the Establishment of the Eurasian Economic Community (EurAsEC) had been signed on 10 October 2000 and had entered into force on 30 May 2001. On 19 September 2003, the Presidents of the Russian Federation, Ukraine and the Republics of Belarus and Kazakhstan signed an Agreement on the Establishment of a Single Economic Space. Parties to the Agreement intended to promote mutual trade and investment on the basis of fundamental principles and norms of international law, including WTO rules, and also to increase the competitiveness of their economies via, inter alia, the creation of a Free-Trade Area and possibly of a customs union. It was intended that the Single Economic Space would be created by stages, taking into account the possibility of different implementation rates and levels of integration of the Parties. Transition from one stage to another could be achieved by those Parties who had performed all the measures envisaged in the previous stage. Each Member would determine independently which integration measures it would adopt and the rate and degree of such integration. No specific follow-on Agreements aimed at the realization of this four-party Single Economic Space had been concluded so far, and efforts to implement the Agreement are, at this time, suspended.

1435. Working from a List of Activities on Creating the Eurasian Economic Community for the years 2003 - 2006, the Heads of Governments of the EurAsEC authorised continued implementation of previously adopted decisions, conclusion of new international treaties and agreements, and the preparation of new documents. On 6 October 2007, the Russian Federation, and the Republics of Belarus and Kazakhstan concluded the Treaty on the Establishment of the Common Customs Territory and the Formation of the Customs Union of 6 October 2007. Provisions of the agreements concluded earlier by the contracting parties and resolutions of governing bodies that did not conflict with the Agreement on the Establishment of the EurAsEC continued to be in force. The representative of the Russian Federation stated that these Agreements, and other acts (see Table 11) subsequently agreed by the Russian Federation, and the Republics of Belarus and Kazakhstan through the end of 2009, finalized the legal basis for a Customs Union within EurAsEC and laid out a framework for progressively increasing economic co-operation between entities of member countries, starting with plans for the unification of foreign trade, customs policies and trade remedies; and, initiating co-operation between the financial and banking systems; co-operation in social and humanitarian areas; and co-operation in the field of legal regulation. The two members of EurAsEC not parties to these Agreements (Tajikistan and Kyrgyz Republic) were not members of the operational Customs Union established by the Russian Federation, Belarus, and Kazakhstan. He added that while the ultimate goals of these Agreements had not been reached yet, progress towards a common economic space was continuing.

1436. On 27 November 2009, the EurAsEC Interstate Council (the Supreme Body of the Customs Union) approved the CET of the Customs Union, as well as the Treaty on the Customs Union Customs Code. The CET and a number of basic agreements and protocols on tariff and non-tariff regulation came into force on 1 January 2010. The CU Customs Code entered into force in the Russian Federation and the Republic of Kazakhstan on 1 July 2010 and the Republic of Belarus joined on 6 July 2010. The Agreements, Decisions and national complementary customs regulations related to the CU Customs Code were being developed. The representative of the Russian Federation explained that as laid out in the Treaty on the Establishment of the Common Customs Territory and Formation of the Customs Union of 6 October 2007, the Interstate Council would take a decision on the establishment of the common customs territory and the completion of the Customs Union after the tasks set-out in the Treaty were completed. The representative of the Russian Federation further noted that a detailed description of the CU trade policies and regulations was provided for in the relevant Sections of this Report.

1437. According to the trade statistics of the Russian Federation, the preferential trade (including import and export) between the Republics of Belarus and Kazakhstan and the Russian Federation in the three years preceding the creation of the CU (i.e., 2007 to 2009) amounted to 99 per cent in terms of tariff lines and 83 per cent in 2007, 82 per cent in 2008 and 81 per cent in 2009 in terms of trade value of their mutual total trade. Currently, no import tariffs were applied in trade between the Republics of Belarus and Kazakhstan and the Russian Federation. The Russian Federation did not apply export duties to products destined for the Republic of Kazakhstan, but maintained export duties on 97 per cent of its oil and oil products exported to the Republic of Belarus, which made up 19 per cent of the total internal Customs Union Parties' trade and 27 per cent of the total bilateral trade between the Russian Federation and the Republic of Belarus in 2009. While there were a number of items where a Common External Import Tariff rate of the CU would only be established after a transition, over 95 per cent of import tariff lines in the CET were currently harmonized. Exceptions, to be phased-out, in up to five years, from the moment of the entry into force of the CET, included tariffs on pharmaceuticals, aircraft, apples, plastics, wood pulp, paper, aluminium, certain tools, electrical parts, railroad equipment and scientific instruments. Currently, the Russian Federation and the Republics of Belarus and Kazakhstan applied separate export duty regimes {vis-a-vis} third countries, which made up approximately 35 per cent of the total external Customs Union Parties' trade in 2009. The representative of the Russian Federation noted that further description of the tariff policy of the Russian Federation was included in Sections "Ordinary Customs Duties", "Tariff Quotas", "Tariff Exemptions" and "Export Duties" of this Report.

1438. The representative of the Russian Federation explained that the Customs Union was also moving forward with the establishment of its institutions, i.e., the Commission, the Secretariat, the EurAsEC Court, and the Expert Council. The institutional and legislative set-up of the CU was described in the Section "Framework for Making and Enforcing Policies" to the extent it was relevant for the trade regime of the Russian Federation and the implementation of its WTO commitments.

1439. The Customs Union was open to the accession of new partners, as provided for in the Treaty on the Establishment of Eurasian Economic Community of 10 October 2000. Prospective EurAsEC membership was open to any state prepared to undertake the obligations and fulfil the commitments called for in the Treaty and the other treaties in force within the Community. EurAsEC members then had the option of adopting the additional agreements and protocols establishing the Customs Union as a single undertaking.

1440. Members also requested further information about the participation of the Russian Federation in the Ashkhabad Agreement. The representative of the Russian Federation said that the Agreement on General Conditions and Mechanism of Support for the Production Cooperation Development of Enterprises and Industries of CIS Member-states - the Ashkhabad Agreement - had been signed by all CIS Member-states on 23 December 1993. The Agreement had come into force in the Russian Federation on 1 September 1995. The Agreement provided for coordinated policies in the sphere of international specialization and industrial co-operation through joint projects and programmes, which were implemented through annual Protocols with member states, with attached lists of specific products generated by the individual participating enterprises. The goods covered included components, parts, and spare parts necessary for the technologically interconnected production of final products. The Agreement provided for the tax exemption for goods imported according to the contracts between enterprises of the CIS countries on industrial co-operation. Direct supply from an enterprise in one CIS country to an enterprise in another CIS country within the framework of such industrial co-operation was a precondition for the exemption. Raw materials and final products could not be subject to this exemption. During recent years, the Agreement had been exercised only between the Russian Federation and Ukraine, and the Russian Federation and Moldova, where industrial cooperation supplies had been recorded in metallurgy, aircraft building and chemical industry. Protocols for further cooperation were signed with both countries in 2010.

1441. Concerning CIS countries, the representative of the Russian Federation noted that besides the Eurasian Economic Community, relations with the Republics of Belarus, Kazakhstan, Tajikistan and the Kyrgyz Republic, and, the Customs Union relations with the Republics of Belarus and Kazakhstan, at present, trade and economic relations between the Russian Federation and the other CIS countries (the Republics of Azerbaijan, Armenia, Belarus, Georgia (which withdrew from the CIS in 2008), Moldova, the Republics of Kazakhstan and Tajikistan, Turkmenistan, Ukraine, Republic of Uzbekistan and the Kyrgyz Republic) were determined by a number of multilateral and bilateral Agreements, most of which did not involve trade preferences. Over 1,000 inter-governmental Agreements had been concluded and were in force. These Agreements covered a wide range of issues, including taxation, education, public health, intellectual property protection, security and technical-military fields of cooperation. In response to a question from a Member of the Working Party, he added that plans were being developed to establish a single agricultural market in the CIS area, which would be aimed at coordination of national agricultural policies, although at present no roadmap had been established to achieve this objective.



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