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EEC sees great opportunities for interaction with EAEU Court in improving unified system of technical regulation
This was stated by Viktor Nazarenko, Minister in charge of Technical Regulation of the Eurasian Economic Commission, in his speech on the practical aspects of applying the EAEU law when circulating products in the common market, at the plenary session of the International Conference "The impact of the EAEU Court practice on shaping the EAEU legal order" held on November 16 in Minsk.
"Having created the technical regulation system, constant attention should be paid to its "fine-tuning", adaptation to current economic conditions and ensuring uniform application of the provisions of the Union's law in this field by all the Union Member States and all market participants," Viktor Nazarenko said.
According to the EEC Minister, for this purpose, amendments to the Treaty on the EAEU and the Union's acts are regularly prepared based on their practical application results. Along this path, the Commission sees systemic issues that require in-depth study by lawyers.
Viktor Nazarenko considers one of such issues to be the need to draw clearer lines between different types of policies in the areas within the Union's competence: unified, harmonized, and coordinated. Their ambiguous understanding sometimes leads to difficulties in improving the provisions of the Union's acts in the field of technical regulation and SPS measures.
According to the EEC Minister, the Member States should pay more close attention to organizing preparations for the proper implementation of new mandatory requirements, which requires the use of both organizational and legal mechanisms. This work is key for the uniform and efficient application of mandatory requirements. The approaches to clarifying the requirements of the Union's technical regulations, which are currently formed, will serve the same purpose.
Viktor Nazarenko paid special attention to the mechanisms of ensuring market protection from unsafe products. According to him, the monitoring results show negative trends in the state supervision (control), which is expressed, in particular, in various simplifications of supervisory practices, including the introduction of moratoriums on inspections or other restrictions on state control (supervision). Of course, mala fide market participants take advantage of this.
Viktor Nazarenko spoke in favour 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 Union's legal framework, including with due regard to the practice of dispute settlement and preparing clarifications of the technical regulation requirements and requirements in the field of SPS-measures. He believes that another important area of interaction is joint research in the fields where the Member States' legislation is to be harmonized in order to introduce the best regulatory practices.
