Global Trade Alert

On 23 November 2015 the Council of the Eurasian Economic Commission approved Decision No. 69. It introduces a workflow on how the Eurasian Economic Commission will consider the notifications concerning a new public procurement rule. Namely, a Member State of the EEU obtains the possibility to limit the access to potential suppliers in its public procurement of goods, works and services, or specific economic sectors, with regard to other Member States of the EEU.

The non-exhaustive list of cases (implying discretion in decision-making) includes the following cases in which national treatment may be withdrawn:

• to protect human life and health;
• to protect public morality and order;
• environmental protection;
• protection of animals and plants, cultural values and cultural heritage;
• implementation of international commitments;
• national defense;
• prevention ofdepletion of irreplaceable natural resources;
• enforcement of decisions of international judicial authorities;
• procurement of certain goods (works, services) in connection with the lack of time needed to conduct the relevant procurement procedure;
• construction, reconstruction, capital repair works of especially hazardous, technically complex and unique units.

Decision No. 69 enters into force 30 days after its official approval.
The non-exhaustive nature of the above list is a matter of concern.