Section III BODIES OF THE UNION
Article 8
Bodies of the Union
1. Bodies of the Union shall be represented by:
Supreme Eurasian Economic Council (hereinafter “the Supreme Council”);
Eurasian Intergovernmental Council (hereinafter “the Intergovernmental Council”);
Eurasian Economic Commission (hereinafter “the Commission”, “the EEC”);
Court of the Eurasian Economic Union (hereinafter “the Court of the Union”).
Bodies of the Union shall act within the powers accorded to them by this Treaty and international treaties within the Union.
Bodies of the Union shall act on the basis of the principles set forth in Article 3 of this Treaty.
Chairmanship of the Supreme Council, the Intergovernmental Council and the Commission shall be arranged on a rotational basis, in the
Russian alphabetic order, with one Member State chairing within 1 calendar
year without the right of prolongation.
5. The terms of stay of the Union’s Bodies on the territories of the
Member States shall be set out in international treaties between the Union
and the host states.
Article 9
Appointments in Structural Subdivisions
of Permanent Bodies of the Union
The right to hold office in the structural subdivisions of Permanent Bodies of the Union shall be provided to nationals of the Member States having relevant specialised education and work experience.
Officials of a Department of the Commission may not be nationals of the same state. Candidates for these positions shall be selected by the EEC Competition Commission with regard to the principle of equal representation of the Parties. In order to participate in the competition for these positions, each candidate shall be nominated by a Council member of the Commission from the respective Party.
The selection of candidates for other positions in departments of the Commission shall be conducted by the EEC on a competitive basis, with due account of equity participation of the Parties in financing of the Commission.
The EEC Competition Commission for the selection of candidates for positions referred to in paragraph 2 of this Article shall be composed of all members of the Board of the Commission, excluding the Chairman of the Board of the Commission.
The EEC Competition Commission shall make decisions in the form of recommendations by a majority vote and submit them to the Chairman of the Board of the Commission for approval. If in respect of a particular candidate
the Chairman of the Board of the Commission decides contrary to the recommendation of the EEC Competition Commission, the Chairman of the Board of the Commission shall refer the issue to the Council of the Commission for a final decision.
The regulation on the EEC Competition Commission (including the rules of competition), its composition and required qualifications of candidates for the positions of Directors and Deputy Directors of the Departments of the Commission shall be approved by the Council of the Commission.
5. The procedure for the selection of candidates and appointment to the positions in the Administration of the Court of the Union shall be in accordance with the documents regulating activities of the Court of the Union.
Article 10
The Supreme Council
The Supreme Council shall be the supreme Body of the Union.
The Supreme Council shall consist of the heads of the Member
States.
Article 11
Procedures of the Supreme Council
1. Meetings of the Supreme Council shall be held at least once a year. In order to solve urgent issues of the Union, on the initiative of any
Member State or the Chairman of the Supreme Council, extraordinary meetings of the Supreme Council may be convened.
Meetings of the Supreme Council shall be chaired by the Chairman of the Supreme Council.
The Chairman of the Supreme Council shall: chair meetings of the Supreme Council; organise the work of the Supreme Council;
generally manage the preparation of issues submitted to the Supreme Council for consideration.
In the event of early termination of powers of the Chairman of the Supreme Council, the new member of the Supreme Council of the presiding Member State shall exercise the powers of the Chairman of the Supreme Council in the remaining period.
Meetings of the Supreme Council may, at the invitation of the Chairman of the Supreme Council, be attended by members of the Council of the Commission, Chairman of the Board of the Commission, and other invited persons.
The list of participants and the format of meetings of the Supreme Council shall be determined by the Chairman of the Supreme Council in consultation with its members.
The agenda for each meeting of the Supreme Council shall be arranged by the Commission based on proposals made by the Member States.
The issue as to the presence of accredited media representatives at meetings of the Supreme Council shall be decided on by the Chairman of the Supreme Council.
The procedure for the organisation of meetings of the Supreme Council shall be approved by the Supreme Council.
Organisational, information and logistics support in preparation of and holding meetings of the Supreme Council shall be provided by the Commission with the assistance of the host Member State. Financial support of meetings of the Supreme Council shall be provided from the budget of the Union.
Article 12
Powers of the Supreme Council
1. The Supreme Council shall consider the main issues of the Union’s activities, define the strategy, directions and prospects of the integration development and make decisions aimed at implementing the objectives of the Union.
2. The Supreme Council shall have the following basic powers:
to determine the strategy, directions and prospects for the formation and development of the Union and make decisions aimed at implementing the objectives of the Union;
to approve the composition of the Board of the Commission, distribute responsibilities among Board of the Commission members and terminate their powers;
to appoint the Chairman of the Board of the Commission and decide on early termination of his|her powers;
to appoint judges of the Court of the Union on the recommendation of the Member States;
to approve the Rules of Procedure of the Eurasian Economic Commission;
to approve the Budget of the Union, the Regulation on the Budget of the Eurasian Economic Union and the report on implementation of the Budget of the Union;
to determine the amount (scale) of contributions of the Member States into the Budget of the Union;
to consider, on the proposal of a Member State, any issues relating to the cancellation or amendment of decisions adopted by the Intergovernmental Council or the Commission, subject to paragraph 7 of Article 16;
to consider, on the proposal of the Intergovernmental Council or the Commission, any issues on which no consensus was reached in decision-making;
to make requests to the Court of the Union;
to approve the procedure for verifying authenticity and completeness of information on the income, property and property obligations of judges of the Court of the Union, officials and employees of the Administration of the Court of the Union and their family members;
to determine the procedure for admission of new members to the Union and termination of membership in the Union;
to decide on granting or revocation of an observer status or the status of a candidate country for accession to the Union;
to approve the Procedure for International Cooperation of the Eurasian Economic Union;
to decide on negotiations with a third party on behalf of the Union, including on the conclusion of international treaties with the Union and empowerment to negotiate, as well as the expression of consent of the Union to be bound by an international treaty with a third party, termination|suspension of or withdrawal from an international treaty;
to approve the total staffing of Bodies of the Union and the parameters of representation of officials from amongst the nationals of the Member States in Bodies of the Union presented by the Member States on a competitive basis;
to approve the procedure for remuneration of members of the Board of the Commission, judges of the Court of the Union, officials and employees of Bodies of the Union;
to approve the Regulation on External Audit (Control) in Bodies of the Eurasian Economic Union;
to review the results of external audit (control) in Bodies of the
Union;
to approve symbols of the Union;
to issue instructions to the Intergovernmental Council and the Commission;
to decide on the establishment of the auxiliary bodies in the relevant areas;
to exercise other powers provided for by this Treaty and international treaties within the Union.
Article 13
Decisions and Dispositions of the Supreme Council
The Supreme Council shall issue decisions and dispositions.
Decisions and dispositions of the Supreme Council shall be adopted by consensus.
Decisions of the Supreme Council related to the termination of membership of a Member State in the Union shall be taken on the principle
of “consensus minus the vote of the Member State declaring its intent to terminate its membership in the Union”.
Article 14
Intergovernmental Council
The Intergovernmental Council shall be a Body of the Union consisting of the heads of governments of the Member States.
Article 15
Procedure of the Intergovernmental Council
Meetings of the Intergovernmental Council shall be held as necessary, but at least twice a year.
In order to solve urgent issues of the Union, by initiative of any Member State or the Chairman of the Intergovernmental Council, extraordinary meetings of the Intergovernmental Council may be convened.
Meetings of the Intergovernmental Council shall be chaired by the Chairman of the Intergovernmental Council.
The Chairman of the Intergovernmental Council shall:
chair meetings of the Intergovernmental Council; organise the work of the Intergovernmental Council;
generally manage the preparation of issues submitted to the Intergovernmental Council for consideration.
In the event of early termination of powers of the Chairman of the Intergovernmental Council, the new member of the Intergovernmental Council of the presiding Member State shall exercise the powers of the Chairman of the Intergovernmental Council in the remaining period.
Meetings of the Intergovernmental Council may, at the invitation of the Chairman of the Intergovernmental Council, be attended by members of the Council of the Commission, Chairman of the Board of the Commission, and other invited persons.
The list of participants and the format of meetings of the Intergovernmental Council shall be determined by the Chairman of the Intergovernmental Council in consultation with its members.
The agenda for each meeting of the Intergovernmental Council shall be arranged by the Commission based on proposals made by the Member States.
The issue as to the presence of accredited media representatives at meetings of the Intergovernmental Council shall be decided on by the Chairman of the Intergovernmental Council.
The procedure for the organisation of meetings of the Intergovernmental Council shall be approved by the Intergovernmental Council.
Organisational, information and logistical support in preparation of and holding meetings of the Intergovernmental Council shall be provided by the Commission with the assistance of the host Member State. Financial
support of meetings of the Intergovernmental Council shall be provided from the budget of the Union.
Article 16
Powers of the Intergovernmental Council
The Intergovernmental Council shall have the following basic powers:
to ensure implementation and control the performance of this Treaty, international treaties within the Union and decisions of the Supreme Council;
to consider, on the proposal of the Council of the Commission, any issues for which no consensus was reached during decision-making in the Council of the Commission;
to issue instructions to the Commission;
to present candidates for members of the Council and the Board of the Commission to the Supreme Council;
to approve the drafts of the Budget of the Union, the Regulation on the Budget of the Eurasian Economic Union and the report on implementation of the Budget of the Union;
to approve the Regulation on the audit of financial and economic activity of the Eurasian Economic Union’s Bodies, standards and methodology for conducting audits of financial and economic activities of the Bodies of the Union, to decide on the execution of audits of financial and economic activities of the Bodies of the Union and to determine their time periods;
to consider, when proposed by a Member State, any issues relating to the cancellation or amendment of a decision issued by the Commission, or, in case no agreement is reached, to refer them to the Supreme Council;
to decide on suspension of decisions of the Council or the Board of the Commission;
to approve the procedure for verifying authenticity and completeness of information on the income, property and property obligations of members of the Board of the Commission, officials and employees of the Commission and their family members;
to exercise other powers provided for by this Treaty and international treaties within the Union.
Article 17
Decisions and Dispositions of the Intergovernmental Council
The Intergovernmental Council shall issue decisions and dispositions.
Decisions and dispositions of the Intergovernmental Council shall be adopted by consensus.
Article 18
Commission
The Commission shall be a permanent governing Body of the Union. The Commission shall consist of a Council and a Board.
The Commission shall issue decisions, dispositions and recommendations.
Decisions, dispositions and recommendations of the Council of the Commission shall be taken by consensus.
Decisions, dispositions and recommendations of the Board of the Commission shall be taken by a qualified majority or consensus.
The Supreme Council shall compile a list of sensitive issues to be resolved by the Board of the Commission by consensus.
In this case, a two-thirds qualified majority of votes of all members of the Board of the Commission shall be required.
The status, tasks, composition, functions, powers and procedures of the Commission shall be determined in accordance with Annex 1 to this Treaty.
The place of stay of the Commission shall be the city of Moscow, Russian Federation.
Article 19
The Court of the Union
The Court of the Union shall be a permanent judicial Body of the
Union.
The status, composition, jurisdiction, functioning and formation procedures of the Court of the Union shall be determined by the Statute of the Court of the Eurasian Economic Union in accordance with Annex 2 to this Treaty.
The place of stay of the Court of the Union shall be the city of Minsk, Belarus.