17SectionV. TECHNICAL REGULATIONAgreement on common principles and rules oftechnical regulation in the Republic of Belarus, the 18.11.2010Republic of Kazakhstan and the Russian FederationSt.Petersburg28.12.2010№ 218-ЗIn the analysis of the Agreements, that form the legal framework of the CES, and whileusing them at work, it’s necessary to be aware of the fact that despite the entry into legal force ofthe Agreements themselves, some of the provisions, stipulated in these Agreements come intoforce later (up to 2017), while others require domestic acts for their implementation.In addition, the timing schedule of the documents development is validated by the decisionof the Eurasian <strong>Economic</strong> Commission Council of May, 14, 2012 for the purpose ofimplementation of the Agreements that form the <strong>Common</strong> <strong>Economic</strong> <strong>Space</strong>.5.1. Agreement on coordinated macroeconomic policy<strong>The</strong> Agreement 1 on coordinated macroeconomic policy was signed in Moscow onDecember, 9, 2010 and ratified by the Law of the Republic of Belarus as of December, 28, 2010№ 205- З.<strong>The</strong> agreement defines the objectives, principles, main directions of coordinatedmacroeconomic policy, its coordination procedure, enumeration of indicators of economicdevelopment and integration cooperation between the parties, as well as the stages of thecoordination.<strong>The</strong> Agreement stipulates the following basic principles of coordinated macroeconomicpolicy:sustainable economic growth;compliance with balanced macroeconomic indicators, established by the Agreement.<strong>The</strong>se principles are aimed at creating favourable conditions for increasing the internalstability of the economy of the Parties and resistance to external influences, as well as thedeepening of integration within the <strong>Common</strong> <strong>Economic</strong> <strong>Space</strong>.<strong>The</strong> Agreement provides for the coordination by the parties of interval quantitativemeanings of the external parameters, used in the official forecasts of social and economicdevelopment of the parties for a three-year period, namely: the price for Brent oil, the pace ofdevelopment of the world economy and the exchange rate of national currencies to the U.S.dollar and (or) euro.<strong>The</strong> Agreement also stipulates that economic policy is formed by the parties within theframework of the quantitative parameters which determine the sustainability of the economicdevelopment: annual national budget deficit should not exceed 3 percent of GDP, public debtshould not exceed 50 percent of gross domestic product and inflation should not exceed morethan 5 percent of the inflation of the CES member state, which has the lowest price rise.Despite the establishment of the quantitative parameters that determine the sustainability ofthe economic development and are binding upon the Parties, the Agreement does not provide forliability for their non-observance. In addition, the Agreement stipulates that in the case ofexceptional circumstances, and in view of the current situation, the Parties may agree to mitigatethe quantitative meanings of macroeconomic indicators that determine the sustainability of theeconomic development.Herewith, for conducting macroeconomic policy the mentioned quantitative parameterstake effect from January, 1, 2013. <strong>The</strong> Customs Union Commission (the EEC as its successor) isin charge of the coordination of the macroeconomic policy. Despite the fact that the quantitativeparameters haven’t been applied yet, the Parties have already oriented towards them.Implementation of the Agreement will provide favorable conditions for the internal1 Here and hereinafter the terms "Agreement", "Document" mean the Agreement within the <strong>Common</strong> <strong>Economic</strong> <strong>Space</strong>, mentioned in the title ofthe section, unless otherwise is stated separately12
economic sustainability of the parties and sustainability to external influence, as well as for thedeepening of integration within the <strong>Common</strong> <strong>Economic</strong> <strong>Space</strong>.5.2. Agreement on common principles and rules of regulation of the activity ofnatural monopoly entities<strong>The</strong> Agreement on common principles and rules of regulation of the activity of naturalmonopoly entities was signed in Moscow on December, 9, 2010 and was ratified by the Law ofthe Republic of Belarus as of December, 28, 2010 № 205-З.Natural monopolies, for the purposes of this Agreement, are defined as the state of theservices market, where competitive environment for meeting the demand for a particular type ofservice is not possible or economically inappropriate due to the technological peculiarities ofproduction and rendering of these services.<strong>The</strong> spheres of natural monopolies in the states Parties are divided into 2 groups -Appendix 1 specifies the spheres of natural monopolies, regulation of which is carried out inaccordance with the Agreement. <strong>The</strong> requirements of the national legislation of the Parties reapplied to the spheres of natural monopolies, specified in Appendix 2 to the Agreement.According to Appendix 1, the Agreement is applied to the following spheres of naturalmonopolies:2 Transmission and distributionof electricitythrough main oil-trunk pipelinesServices related to thetransmission and (or) distributionof electricity3 Services related to the technicalsupervisory control of the netoutput and consumption ofelectricity; services related tobalancing of the production –consumption of electricity4 Services, rendered by railwaytransport, which ensure thepublic traffic, controlling themovement of trains,transportation by railServices of backbone railwaynetworkIn the Republic of Belarus In the Republic of Kazakhstan In the Russian Federation1 Transport of oil and oil products Services related to the transport Transport of oil and oilthrough main oil-trunk pipelines of oil and (or) oil products products through main oiltrunkpipelinesServices related to thetransmission of electricityServices related to operationaldispatch management inelectric power industryTransportation by railIn Appendix 2 of the Agreement in regard to the Republic of Belarus the following spheres ofnatural monopolies, regulation of which is carried out in accordance with the national legislationof the Republic of Belarus are included:1. gas transportation through main and distribution pipelines;2. services of transport terminals, airports; maintenance and operation of airways, air trafficcontrol;3. public electrical and postal communication services;4. thermal energy transmission and distribution ;5. central water supply and water disposal.<strong>The</strong> Agreement stipulates the principles of regulation of natural monopolies, which alsoinclude the balancing of the interests of consumers and natural monopolies entities; furtherreduction of spheres of natural monopolies; application of the flexible tariff (price) regulation ofnatural monopolies entities; reduction of barriers to the access to domestic markets also byproviding access to services of natural monopoly entities; mandatory conclusion of contracts13