Евразийское экономическое сообщество

Annex

to the Agreement on the Status

of the Basic Legislative Principles

of the Eurasian Economic Community and

 on the Procedure for their Elaboration,

Adoption and Implementation,

dated 18 June 2004

PROCEDURE

of Elaboration, Consideration, Adoption,

Amending, Suspension and Cessation

of the EurAsEC Legislative Basics

I. GENERAL PROVISIONS

1. The present Procedure shall establish the system for organizing the elaboration, consideration, adoption, amending, suspension and cessation of the EurAsEC Basic Legislative Principles.

2. The elaboration, consideration and adoption of the EurAsEC Basic Legislative Principles shall be effected in the following ways:

carrying out preparatory organizational and legal measures aimed at elaborating the draft EurAsEC Basic Legislative Principles;

elaborating the draft EurAsEC Basic Legislative Principles in task groups;

consideration of the draft EurAsEC Basic Legislative Principles by the Parties’ governments;

consideration of the draft EurAsEC Basic Legislative Principles by the EurAsEC Interparliamentary Assembly;

consideration of the draft EurAsEC Basic Legislative Principles by the EurAsEC Integration Committee;

consideration and adoption of the draft EurAsEC Basic Legislative Principles by the EurAsEC Interstate Council at the highest level.

3. The amendment, suspension and cessation of the EurAsEC Basic Legislative Principles shall be effected in accordance with the procedures stipulated by the present Procedure for their elaboration, consideration and adoption.

II. PREPARATORY ORGANISATIONAL AND LEGAL MEASURES AIMED AT ELABORATING THE DRAFT

eurasec basic legislative principles

4. Preparatory organizational and legal measures aimed at elaborating the drafts of the EurAsEC Basic Legislative Principles shall include:

a) analysis and summary of the results of development of the integration process in the EurAsEC, demonstration of the need for legal regulation, preparation of suggestions on how to optimize and unify the legal regulation mechanism in respective areas of legal relations;

b) consideration of bills from councils and commissions attached to the EurAsEC Integration Committee and from standing committees of the EurAsEC Interparliamentary Assembly for the elaboration of the drafts of the EurAsEC Basic Legislative Principles;

c) comparative legal analysis of the Parties’ national legal acts and other legal texts, analysis of the law-enforcement practice;

d) study of the Parties’ plans for lawmaking activities;

e) analysis of the fulfillment of commitments ensuing from international agreements concluded within the EurAsEC and of resolutions by the EurAsEC organs;

f) other actions carried out in accordance with the resolutions of the EurAsEC Interstate Council, the EurAsEC Interparliamentary Assembly and the EurAsEC Integration Committee.

5. Measures mentioned in clause 4 of the present Procedure shall be carried out by the following organs, within their competence: Permanent Commissions of the EurAsEC Interparliamentary Assembly, the Secretariat of the EurAsEC Interparliamentary Assembly Bureau, the EurAsEC Integration Committee Secretariat, the EurAsEC subsidiary organs and councils, and commissions attached to the EurAsEC Integration Committee.

6. According to results of the measures, the Secretariat of the EurAsEC Interparliamentary Assembly Bureau shall formulate suggestions on elaborating the draft EurAsEC Basic Legislative Principles.

7. A suggestion concerning the elaboration of a draft of the EurAsEC Basic Legislative Principles in a respective area of legal relations shall include an outline of the draft and a justification of the necessity to elaborate the EurAsEC Basic Legislative Principles.

8. The suggestions on elaborating the draft EurAsEC Basic Legislative Principles shall be submitted to the Parties’ governments for approval and subsequently put before the EurAsEC Interparliamentary Assembly and included in the EurAsEC Interparliamentary Assembly’s legislative program.

III. ELABORATION OF THE DRAFT

eurasec BASIC LEGISLATIVE PRINCIPLES

BY TASK GROUPS FOR THE ELABORATION OF THE DRAFT

eurasec BASIC LEGISLATIVE PRINCIPLES

9. The elaboration of the draft EurAsEC Basic Legislative Principles shall be carried out by task groups for the elaboration of the draft EurAsEC Basic Legislative Principles (hereinafter “the task groups”) in accordance with the EurAsEC Interparliamentary Assembly’s legislative program.

10. The task groups shall be formed by the EurAsEC Integration Committee in compliance with suggestions made by the Parties and the EurAsEC Interparliamentary Assembly.

11. The task groups may include:

a) members of the Permanent Commissions of the EurAsEC Interparliamentary Assembly;

b) members of councils and commissions attached to the EurAsEC Integration Committee;

c) members of scientific and expert councils attached to the EurAsEC Interparliamentary Assembly;

d) personnel of the Secretariat of the EurAsEC Interparliamentary Assembly Bureau and the EurAsEC Integration Committee Secretariat;

e) personnel of the Parties’ State organs;

f) personnel of scientific and other organizations whose activity is related to lawmaking, law enforcement and research activities.

12. Heads of the task groups shall be elected from among the task groups’ members.

13. The Secretariat of the EurAsEC Interparliamentary Assembly Bureau shall provide information, legal, logistical and organizational support for the task groups’ activities.

14. Elaboration of the draft EurAsEC Basic Legislative Principles shall be financed within the limits of the funds provided in the EurAsEC budget for carrying out the activities of the EurAsEC Integration Committee Secretariat and the Secretariat of the EurAsEC Interparliamentary Assembly Bureau.

IV. CONSIDERATION OF THE DRAFT

eurasec BASIC LEGISLATIVE PRINCIPLES

BY THE PARTIES’ GOVERNMENTS

15. The drafts of the EurAsEC Basic Legislative Principles elaborated by the task groups shall be sent to the Parties’ governments by the Secretariat of the EurAsEC Interparliamentary Assembly Bureau via the EurAsEC Integration Committee Secretariat.

16. The Parties’ governments shall send their conclusions on drafts of the EurAsEC Basic Legislative Principles to the Secretariat of the EurAsEC Interparliamentary Assembly Bureau via the EurAsEC Integration Committee Secretariat.

V. CONSIDERATION OF THE DRAFT

eurasec BASIC LEGISLATIVE PRINCIPLES

by the eurasec interparliamentary

assembly

17. The drafts of the EurAsEC Basic Legislative Principles shall be considered by the EurAsEC Interparliamentary Assembly in accordance with the procedure established by the Rules of the EurAsEC Interparliamentary Assembly.

18. The EurAsEC Interparliamentary Assembly shall take one of the following decisions on the drafts of the EurAsEC Basic Legislative Principles:

a) approve the draft of the EurAsEC Basic Legislative Principles in general, submitting it to the EurAsEC Integration Committee for consideration;

b) send the draft of the EurAsEC Basic Legislative Principles to a task group for revision.

VI. CONSIDERATION OF THE DRAFT

eurasec basic legislative principles

 BY THE EURASEC INTEGRATION COMMITTEE

19. The drafts of the EurAsEC Basic Legislative Principles shall be considered by the EurAsEC Integration Committee in accordance with the Rules of Procedure of the EurAsEC Integration Committee.

20. The EurAsEC Integration Committee shall take one of the following decisions on the drafts of the EurAsEC Basic Legislative Principles:

a) approve the draft of the EurAsEC Basic Legislative Principles in general, submitting it to the EurAsEC Interstate Council for consideration at the highest level;

b) send the draft of the EurAsEC Basic Legislative Principles to the EurAsEC Interparliamentary Assembly for revision.

VII. CONSIDERATION and adoption OF THE DRAFT

eurasec BASIC LEGISLATIVE PRINCIPLES

BY the eurasec interstate council

at the highest level

21. The draft EurAsEC Basic Legislative Principles shall be considered by the EurAsEC Interstate Council at the highest level in accordance with the Rules of Procedure of the EurAsEC Interstate Council.

22. According to the results of the consideration of the EurAsEC Basic Legislative Principles, the EurAsEC Interstate Council at the highest level shall take one of the following decisions:

a) accept the agreement on the adoption of the EurAsEC Basic Legislative Principles;

b) send the draft of the EurAsEC Basic Legislative Principles to the EurAsEC Integration Committee for revision.

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