Legislation of the Eurasian Economic Union
The Eurasian Economic Union (EAEU) unites Russia, Kazakhstan, Belarus, Armenia, and Kyrgyzstan. Its integral part is the Customs Union of all the EAEU countries. The members of the Customs Union of the Eurasian Economic Community, the predecessor of EAEU, were only three of six Community states: Russia, Belarus, and Kazakhstan.
The members of the current Customs Union and EAEU continue applying common customs tariffs and other measures regulating trade with third countries.
The regulating authority of EAUE (earlier the Customs Union of the Eurasian Economic Community and Common Economic Space) is the Eurasian Economic Commission (EEC), a permanent supranational governing board.
Resolutions of EEC are binding to all the EAEU parties and are only inferior to the Customs Code of EAEU and the parties’ international agreements.
Resolution of the Eurasian Economic Commission dd. 21.04.2015 No.30 (as amended on 15.06.2021) “On non-tariff regulatory measures”
The document bans import of all ODSs, except for HCFCs, and products containing them into the territory of EAEU and defines a reporting form for import, export, and use of ODSs.
HCFCs and groups of HFCs (added by Resolution of the EEC Board dd. 16.03.2021 No.30) may be imported into the territory of the Eurasian Economic Union or exported from it as per approval.
HCFC and HFC exports and imports are licensed and/or regulated by other administrative measures for foreign trade provided for by the Regulation on import to the customs territory of the Eurasian Economic Union and export from the territory of the Eurasian Economic Union of ozone-depleting substances and products containing ozone-depleting substances.
Regulation on import to the customs territory of the Eurasian Economic Union and export from the territory of the Eurasian Economic Union of ozone-depleting substances and products containing ozone-depleting substances (as amended by resolutions of the Eurasian Economic Commission dd. 04.09.2017 No.114, 08.10.2019 No.179)
The regulation was adopted as an annex to the resolution of the Eurasian Economic Commission “On non-tariff regulatory measures” dd. 30.08.2016 No.99. The document defines the procedure for imports and exports in and from the customs territory of the EAEU of the following substances:
#ODSs included in the list of prohibited goods when such ODSs are:
- used only for production of non-ozone-depleting chemicals;
intended to use in accordance with the Montreal Protocol on Substances that Deplete Ozone Layer; - recirculated, reclaimed, and/or disposed of;
- halons in portable fire extinguishers;
- transited as substances and/or contained in other goods;
#ODSs included in the list of goods imported and exported upon approval (i.e. HCFCs and HFCs).
The Regulation defines the procedure for licensing and acquiring permits for ODS (and HFC) import (export), and the procedure and form for legal entities and individual entrepreneurs to report on import, export, and use of ODSs.
Agreement on the movement of ODSs and products containing them and recording ODSs during mutual trade among the members of the Eurasian Economic Union dd. 29.05.2015
The agreement provides for information exchange between authorized agencies about issued permits for ODS movement and reporting of business entities importing and exporting ODS into/from the countries of EAEU, and producing such substances.
The agreement came into effect on February 1, 2019.
Resolution of the Board of the Eurasian Economic Commission dd. 27.11.2017 No.162 “On a unified form of permits issued in accordance with the Agreement on the movement of ODS and products containing them and recording ODS during mutual trade among the members of the Eurasian Economic Union dd. 29.05.2015 and the Agreement on the movement of service and civilian weapons between members of the Eurasian Economic Union dd. 20.05.2016”
The resolution stipulates that the form of permits approved by the Resolution of the Board of EEC dd. 16.05.2012 No.45 is the unified form of movement permits for ODS and production containing them in the customs territory of EAEU.
This rule comes into effect from the effective date of the Agreement on the movement of ODS and products containing them and recording ODS during mutual trade among the members of the Eurasian Economic Union dd. 29.05.2015.
TP TC 018/2011 Technical regulation of the Customs Union “On safety of wheeled vehicles” (adopted by the resolution of the Commission of the Customs Union dd. 09.12.2011 No.877 (as amended on 21.06.2019))
IV. Safety requirements
12. Ozone-depleting substances and materials included in the list approved by the Commission of the Customs Union shall not be applied in air-conditioners and refrigeration equipment installed of vehicles.
The Customs Code of the Eurasian Economic Union (as amended on 29.05.2019)
Article 285. Features of forwarding goods in international postal items
The article, inter alia, bans forwarding the goods from the list specified by the Commission.
The list is approved by the Resolution of the Commission of the Customs Union dd. 17.08.2010 No.338 “On features of forwarding goods in international postal items”, and includes ozone-depleting substances.