📋 Tender Overview
This was stated by the Minister for Technical Regulation of the Eurasian Economic Commission, Viktor Nazarenko, in his speech on the practical aspects of the application of EAEU law when circulating products on the common market, at the plenary session of the International Conference “The Influence of the Practice of the EAEU Court on the Formation of the Legal Order of the EAEU” in Minsk on November 16.
“Having created a system of technical regulation, constant attention should be paid to its “adjustment”, adaptation to current economic conditions and ensuring uniform application of the provisions of Union law in this area by all member states of the Union and all market participants,” said Victor Nazarenko.
For these purposes, according to the EEC Minister, changes are regularly prepared to the Treaty on the EAEU and acts of the Union, based on the results of the practical application of their provisions. Along this path, the Commission sees systemic issues that require in-depth study by lawyers.
Viktor Nazarenko considers one of these issues to be the need to draw clearer boundaries between different types of policies in areas within the competence of the Union: unified, agreed upon, coordinated. An ambiguous understanding of which sometimes leads to difficulties in improving the provisions of Union acts in the field of technical regulation and SPS measures.
In the opinion of the EEC Minister, the organization of work to prepare for the proper implementation of the application of new mandatory requirements deserves more attention in the member states, which requires the use of both organizational and legal mechanisms. This work is key to the uniform and effective application of mandatory requirements. The approaches currently being developed to clarify the requirements of the technical regulations of the Union will serve the same purpose.
Viktor Nazarenko paid special attention to mechanisms to ensure market protection from unsafe products. According to him, the monitoring results indicate negative trends in the provision of state supervision (control), which is expressed, in particular, in various kinds of simplifications of supervisory practice, up to the introduction of moratoriums on inspections or other restrictions on state control (supervision). Unscrupulous market participants naturally take advantage of this.
Victor Nazarenko spoke in favor of deepening interaction between the EEC and the EAEU Court, expressing confidence that the competence of the EAEU Court will be in demand to improve the legal framework of the Union, including taking into account the practice of resolving disputes and preparing clarifications of the requirements of technical regulations and requirements in the field of SPS measures. He sees another important area of ??interaction as conducting joint research in areas where the harmonization of the legislation of the member states is envisaged, in order to introduce the best regulatory practices.
