EAEU Law

Treaty on the Eurasian Economic Union

The Treaty on the Eurasian Economic Union (EAEU) was signed on 29 May 2014 in Astana, Kazakhstan, by the heads of state of the Russian Federation, the Republic of Belarus, and the Republic of Kazakhstan, and entered into force on 1 January 2015. The Treaty codifies the economic integration arrangements that had developed through predecessor organisations: the Eurasian Economic Community (EurAsEC, 2000–2014) and the Customs Union (2010–2014). The EAEU currently comprises five member states: Armenia (acceded 2015), Belarus, Kazakhstan, Kyrgyzstan (acceded 2015), and Russia. The Treaty establishes four fundamental freedoms: free movement of goods, services, capital, and labour within the Union, subject to negotiated exceptions. The strategic objective is the creation of a single market for over 180 million consumers, with coordinated economic policies and harmonised regulation.

The Treaty is structured in 28 sections and 108 articles, supplemented by Annexes covering specific regulatory areas. The EAEU Customs Code (adopted 2017, effective 2018) replaces the earlier Customs Union Code and governs customs procedures, tariff classification, origin determination, and customs valuation. The Treaty establishes the EAEU Commission (EEC) as the permanent regulatory body and the Court of the EAEU as the judicial organ, and provides for the phased harmonisation of competition, technical regulation, sanitary and phytosanitary measures, and intellectual property protection.

Institutions of the Eurasian Economic Union

The Supreme Eurasian Economic Council is the highest governing body, comprising the heads of state of the member states. It meets at least annually to determine the strategic direction of integration, approve the budget, and decide on accession of new members. Decisions are taken by consensus. The Eurasian Intergovernmental Council, composed of the heads of government, meets at least twice yearly to implement the Supreme Council’s decisions and address operational integration issues.

The Eurasian Economic Commission (EEC) is the permanent supranational regulatory body, headquartered in Moscow. The EEC consists of the Council (Deputy Heads of Government of member states) and the Board (nine Commissioners — three from Russia and one from each other member state — serving four-year renewable terms). The EEC’s functions include: developing draft treaties; adopting technical regulations; administering competition rules; implementing trade defence measures; managing the Common External Tariff; and monitoring compliance with Union law. EEC decisions are binding on member states and have direct effect where provided by the Treaty.

The Court of the Eurasian Economic Union (EAEU Court), located in Minsk, Belarus, hears disputes concerning the application of EAEU law. The Court consists of two judges from each member state, appointed for nine-year non-renewable terms. The Court’s jurisdiction includes disputes between member states, between member states and the EEC, between economic operators and the EEC, and requests for advisory opinions from member state courts. The Court’s decisions are binding on the parties. Notable cases include Charter of the City of Moscow v EEC (Case No. SE-2-3/2015), in which the Court upheld the EEC’s authority to adopt technical regulations affecting municipal services.

Customs Union and Common Market

The EAEU Customs Union eliminates customs duties and quantitative restrictions on trade between member states while establishing the Common External Tariff (Ediny Tamozhenny Tarif, ETT) applied to imports from third countries. The ETT is based on the Harmonized Commodity Description and Coding System and sets bound tariff rates for specific product categories. The EEC proposes tariff amendments, which are adopted by the Supreme Council. Tariff revenue is distributed among member states according to a formula: 85.33% to Russia, 4.58% to Belarus, 7.31% to Kazakhstan, 1.91% to Armenia, and 0.87% to Kyrgyzstan.

The Treaty provides for the progressive establishment of a common market for goods, requiring the elimination of non-tariff barriers, harmonisation of product safety standards, and mutual recognition of conformity assessment procedures. The single window mechanism (mekhanizm edinogo okna) allows traders to submit regulatory documents once for clearance across the Union. The common services market is less advanced, with commitments phased over transitional periods; the energy common market for gas, oil, and electricity remains incomplete, with negotiations continuing on tariff harmonisation and competition rules for energy markets.

Competition Rules

EAEU competition law is governed by Section XVIII of the Treaty and EEC Decision No. 52 of 2016 on the rules for competition on cross-border markets. The EEC has authority to investigate and penalise anticompetitive conduct affecting trade between member states, including: abuse of dominance by entities having a dominant position on the EAEU market; anticompetitive agreements (horizontal and vertical) affecting cross-border trade; and unfair competition. The thresholds for EEC jurisdiction are high: the conduct must affect markets in two or more member states, and the aggregate value of assets or revenue of the entities involved must exceed specified thresholds. The EEC may impose fines of up to 15% of the revenue from the relevant product market.

The relationship between EAEU competition law and national competition laws of member states is governed by the principle of complementarity. The EEC has primary jurisdiction over cross-border violations; national competition authorities retain jurisdiction over conduct affecting their domestic markets. The Russian Federal Antimonopoly Service (FAS) coordinates with the EEC through an information exchange agreement and may refer cases to the EEC where cross-border effects are identified.

Technical Regulation

EAEU technical regulation is one of the most developed areas of Union law. The Treaty establishes a system of Technical Regulations of the Eurasian Economic Union (TR EAEU) that set mandatory safety, health, and environmental requirements for products placed on the EAEU market. Where an EAEU technical regulation exists for a product category, it supersedes national standards. Products complying with TR EAEU requirements and bearing the EAC marking (Ediny Znak Obrashcheniya) may circulate freely within the Union without additional testing or certification.

The EEC has adopted over 50 technical regulations covering categories including machinery, pharmaceuticals, medical devices, electrical equipment, cosmetics, food products, and toys. The conformity assessment system includes certification (sertifikatsiya) and declaration (deklaratsiya) procedures, conducted by EAEU-accredited certification bodies and testing laboratories. Member states are required to maintain registers of accredited conformity assessment bodies and to accept each other’s accreditation decisions.

Court of the EAEU

The Court of the EAEU has developed a body of case law clarifying the interpretation of EAEU law. In VEB-Leasing v EEC (Case No. SE-1-4/2018), the Court held that EEC decisions must be reasoned and proportionate, and that economic operators have standing to challenge EEC decisions that directly affect their rights. In Estonian Competent Authority v EEC (Case No. SE-1-2/2019), the Court addressed the interaction between EAEU technical regulations and WTO SPS Agreement obligations, holding that EAEU measures must comply with international trade law commitments of member states.

The Court’s advisory opinions, requested by supreme or constitutional courts of member states, provide authoritative guidance on EAEU law interpretation. The Supreme Court of the Russian Federation has sought advisory opinions on customs valuation and anti-dumping measures, and the Court’s opinions have been cited in subsequent Russian judicial decisions.