러시아ㆍ유라시아

TREATY ON ACCESSION OF THE KYRGYZ REPUBLIC TO THE EURASIAN ECONOMIC UNION (GOODS AND SERVICES)

QUESTIONS AND REPLIES

 The following communication, dated 12 December 2018, is being circulated at the request of the delegation of the Kyrgyz Republic.

This document reproduces the follow-up questions addressed to the Parties following the 91^st Session of the CRTA and the responses submitted by the Kyrgyz Republic.

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Question from the delegation of Canada

1.1.  Canada appreciates the answer that we received on our questions on standards. For reference, the question and its answer can be found under paragraph 1.1 of document WT/REG366/3. The answer provides that a certificate of conformity obtained in one of the countries of the Union is accepted in all the others. For third countries, the answer provides that recognition is carried out in accordance with national legislation and on the basis of agreements on mutual recognition between a Member State of the Union and third countries. Canada has one follow-up question:

 After the full harmonization of EAEU Member States' technical barriers to trade, will the recognition of third-country inspection systems be on the basis of mutual recognition agreements between the entire Union and third countries?"

Response from the delegation of the Kyrgyz Republic

 The procedure and conditions for the further elimination of technical barriers in mutual trade with third countries will be determined by an international treaty within the Union. The development of such a treaty will be based on the best international practices in the field of eliminating technical barriers to trade, eliminating duplication of conformity assessment procedures and improving the efficiency of international trade.

Question from the delegation of the United States

1.2.  Section 5.8 of the Factual Presentation indicates that the Kyrgyz Republic will provide national treatment to other EAEU members with respect to government procurement after a two-year transition period. It appears that that transition period may have expired in 2017.

 Can the Kyrgyz Republic please provide an update – does it now extend national treatment to other EAEU members for government procurement? If so, could the Kyrgyz Republic please describe any domestic legislative changes it undertook to conform to EAEU disciplines.

Response from the delegation of the Kyrgyz Republic

 Currently, work on harmonization of the law of the Kyrgyz Republic "On public procurement" (hereinafter the Law on public procurement) in accordance with the requirements Of the Treaty of Eurasian Economic Union as of 29 May 2014 is underway.

 In an aim to improve the regulatory framework in the public procurement sphere, a draft Law of the Kyrgyz Republic "On amendments to the Law of the Kyrgyz Republic "On public procurement" (hereinafter – the draft Law on public procurement)" was elaborated.

The above-mentioned draft Law on public procurement was approved by the Government of the Kyrgyz Republic on 17 March 2017 № 170 and later on 6 December 2018 was adopted by the Parliament of the Kyrgyz Republic.

It is proposed to amend the draft Law on public procurement Article 3 of the Law on public procurement with the concept of "national regime".

According to Part 6 of the above-mentioned draft Law on public procurement it is proposed to amend Article 4 with Part 6 by the following content:

"6. With respect to suppliers (contractors) of the member States of the Eurasian economic Union the norms, envisaged by the Treaty, ratified by the Kyrgyz Republic in accordance with the legislation shall be applied." In addition, Chapter 1 of the Law should be supplemented with Article 4-1 which regulates application of the national regime in accordance with the EAEU Treaty.

 Thus, the signing by the President of the Kyrgyz Republic of the above-mentioned Law will ensure compliance of the legislation of the Kyrgyz Republic in the field of public procurement to the part of the Treaty on the EAEU in terms of national treatment for the member States of the Treaty on the EAEU.