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Panel Session «Competitive Enterprises in a Competitive Economy» Section 2 "Prospects for increasing the competitiveness of the national economy and development of the SME sector, taking into account the competitive advantages of Kazakhstan." VII Astana Economic Forum Astana city, May 23, 2014. The regulatory impact assessment of Draft Decision of Eurasian Economic Commission - an efficient tool improving the investment climate and strengthen the competitiveness of private enterprises Customs Union and Common Economic Space Director of Development Department Of entrepreneurial activities Of Eurasian Economic Commission. Akberdin Rustam Alexandrovich | 2 Commission Advises Deputy Prime Minister of the Republic of Belarus– S.N. Rumas First Deputy Prime Minister of the Republic of Kazakhstan– B.А. Sagintaev First Deputy Prime Minister of the Russian Federation – I.I. Shuvalov Collegiums of Committee Chairman of the Collegium V.B. Khristenko T.M. Sulejmenov Members of a collegium, the Minister of Economy and Financial Policies V.N. Koreshkov Members of a collegium, the Minister Concerning Technical regulation A.A. Slepnyov Members of a collegium, the Trade Minister D.K. Akhmetov Members of a collegium, the Minister of Energy and Infrastructure S.S. Sidorsky Members of a collegium, the Minister of Industry and agro industrial complex N.S. Aldabergenov Members of a collegium, the Minister of Competition and antimonopoly regulation V.A. Goshin Members of a collegium, the Minister of the Customs Cooperation TD Gross Members of a collegium, the Minister of the main areas of integration and macroeconomics Departments Departments Departments Advisory Bodies | 3 Customs tariff and non-tariff regulation Energy Policy Customs Administration Natural Monopolies technical regulation Governmental and (or) municipal purchases Sanitary, veterinary and phytosanitary measures Enrollment and distribution of import duties Transport and Transportation Eurasian Economic Commission Mutual trade in services and investment Financial markets (banking, insurance business, the foreign exchange market, the stock market) Preservation and protection of intellectual activity and means of individualization of goods, works and services Establishment of trade regimes in third countries Labor migration Statistics of foreign and mutual trade Currency policy Competition policy Other areas, including the business environment Industrial and agricultural subsidies State / decision-making levels of the Commission Decisions of EEC Council Decisions Of EEC Collegium In the Republic of Kazakhstan officially conducting ODS projects of EEC regulations are not enshrined, but representatives of the National Chamber of entrepreneurs actively participate in the discussion of the draft decisions in the formation of the EEC positions Kazakhstan Party. In the Republic of Belarus and the Russian Federation at the Government of the Party adopted regulatory documents and identified the responsible public authorities (Ministry of Economy and Ministry of Economic Development of the Russian Federation), but there is no practice of preparing relevant findings on ODS. Assessing the impact of the draft EEC acts submitted for consideration by Collegium of the Commission (the final stage) Assessing the impact of projects, decisions of theCollegium when received by DRPD as part of the internal approval (early stage) Consideration of applications of business entities (training and direction for clarification) Joint discussion with the business community of administrative barriers and the development of proposals to address them (within the subcommittee meetings of the Advisory Committee on Enterprise) Assisting Parties and business entities in resolving disputes before resorting to the EurAsEC Court Improving the legal framework CU and CES and quality of entrepreneurial activity on the territory of the Parties During the periodс from October 2, 2012 till May 13, 2014 : - 67 meetings of the College of EEC were conducted; - 610 questions were examined (100%); - According to expertise of project prepared by EEC acts results, 103 conclusion were made assessing their impact on the business (ie, excessive restrictions identified in 16.89% of cases). Most of the findings of the total produced in the following areas of regulation : - technical regulations, sanitary and phytosanitary and veterinary measures (57.28%), 59 out of 162 - the proportion of "covering" 36.42%; - customs tariff and non-tariff regulation, trade policy (17.48%), 18 out of 192 - the proportion of "covering" 9.38%; - customs regulation (8.74%), 9 out of 67 - the proportion of "covering" - 13.43%. The draft TR CU originally intended to introduce the concept of "milk beverage", which actually means to drinking milk made from reconstituted milk powder or using it. With this approach, reduced milk could only be the raw material for the production of dairy products. Kazakhstani milk producers have expressed concern that the term "milk beverage" may cause a drop in demand for drinking milk produced by them with the use of dry milk. Was noted that the need for adding milk powder caused by insufficient development of dairy cattle caused by climatic factors and seasonal variations in the volume of milk production. In turn, DRPD attention was drawn to the redundancy of the requirement for labeling with the term "Milk beverages". To prevent consumer confusion about the composition of dairy products and its differences from whole milk drinking enough on her application package marking "Milk restored." As amended TR CU approved by the Council of ECE, milk made from powdered milk, provided the term "reconstituted milk." In the presence of mandatory labeling "Milk restored", applied the same type, this product can be produced in free circulation in the market CU and CES. The necessity for the accepting by Commission order of conducting of Unified list permitted by applicable CU Agreement on common principles and rules of technical regulation in 2010. However, until now given order has not been approved During the preparation of the relevant section of the draft Treaty on the EAEC the need for the Unified list was not foreseen by the Commission . National Chamber of entrepreneurs has come up with a proposal to include the rate of acceptance of the order on the unified list in the draft Treaty on the EAEC DRPD has repeatedly acted not only for the primary need for the formation and maintenance of the Unified list, but also for the subsequent optimization of the Single List Project EAEC Treaty aimed Parties for internal procedures, provided that the formation and maintenance of the Unified list approved by the Commission The draft order is now being developed independently DRPD own initiative and planned public discussion with the involvement of the business community. | 11 According to the results of the project study DRPD TR CU with business associations and business entities (SPE Kazakhstan, Rusnano, the Association of European Businesses in Russia), the project developer, TR CU business community of the Republic of Kazakhstan was given assurances: TR CU will enter into force at the end of 2.5 years after the adoption by the Commission: - Regulations on the procedure of forming and maintaining the Register of chemical substances and mixtures of CU; - Regulations on the procedure of notification of new chemical substances and mixtures; necessity of forming will be established before the entry into force TR CU registry chemical substances and mixtures on the basis of CU information resources Parties registered with them prior to the entry into force of TR CU chemicals; notification and registration procedures will not apply to depleting chemicals are present, produced (imported) by one economic entity in a small amount, for example, less than 1 tonne per year (as in the EU directive REACH and some developed countries); timelines of putting into effect the registration requirements of chemical substances will be set depending on the volume of production and the degree of potential harm; notification procedure to exclude new blends that do not contain new chemical substances. Indicator was moved from voluntary standards STB 1049-97, GOST 252962003 and GOST 31228-2004 and become a mandatory requirement. Enough to provide appropriate labeling products, inform consumers about its properties and side effects in the case of extended wear (same as specifying the details of the appointment and contraindications of drugs) Association of International Road Carriers of Russia asked for clarification on the issue of exemption from customs duties on goods imported as a contribution to the charter capital of the commercial organization. In accordance with the legal base CU granting of tariff preferences can be carried out in respect of goods imported as a contribution to the charter capital both foreign and domestic founder, in the manner and under the conditions provided for by national legislation. RB RK Tariff concessions granted to organizations involving foreign persons (foreign shareholders) and organizations with participation of domestic founders RF Tariff concessions provided solely deposits in authorized capital of foreign founders In order to allow duty-free entry of goods into the territory of the Russian Federation as a contribution to the charter capital of AIH directed clarification that Russian businessmen are interested in: - initiate appropriate changes to the legislation of the Russian Federation, by analogy with the national legislation of the Republic of Belarus and the Republic of Kazakhstan; - establish commercial companies registered in the Republic of Belarus and (or) of the Republic of Kazakhstan. • JSC "Metran" requested to consider the possibility of increasing the import quota on the import of small diameter tubes made of corrosion-resistant steel. • DRPD made analyzes based on this issue , the results of which revealed that the territory of the Customs Union and the Common Economic Space of corrosion-resistant steel are not produced pipes (tubes) of small diameter - 30 mm. • By the Department of protecting the domestic market of EEC started repeated special protective investigation relating to this product. • This issue was considered by the Advisory Committee on Entrepreneurship Eurasian Economic Commission November 22, 2013 in Almaty. • Decision of the Board of Eurasian Economic Commission on November 26, 2013 № 268 increased the quota for imports of pipes for Russia from other countries (except EU, Ukraine) 1,371 tons (from 1923 to 3294). • This decision clarifies the list of varieties of pipes for which the quota is not available, this tube outer diameter up to 15 mm inclusive. Article 21 of the draft Protocol on Trade in Services, the establishment, operation and implementation of the investment. Each Member State in respect of all measures affecting trade in services, provides services providers and recipients of services of another Member State treatment no less favorable than that accorded under the same (similar) circumstances to its own in the same (similar) services providers and recipients of services. Justification: The appeal NPP RK on discriminatory tariffs for pilotage and towing services provided by Kazakh consumers in the Russian Federation FSUE "Makhachkala sea trading port". Regulation Project on the Eurasian Economic Commission THE BALANCE OF INTERESTS OF THE BUSINESS COMMUNITIES AND AUTHORITIES DURING THE FORMATION OF KAZAKHSTANI POSITION SIDE Director of Development Department entrepreneurial activities Eurasian Economic Commission Akberdin Rustam Alexandrovich. tel. +7-495-669-2400, Ext. 31-28 [email protected]