On Ratification of the Agreement on the Movement of Ozone–Depleting Substances and Products Containing Them and Accounting for Ozone–depleting Substances in the Implementation of Mutual Trade of the Member States of the Eurasian Economic Union and the Protocol on the Accession of the Kyrgyz Republic to the Agreement on the Movement of Ozone-depleting Substances and Products Containing Them and Accounting for Ozone-depleting Substances in the Implementation of Mutual Trade of the Member States of the Eurasian Economic Union dated May 29, 2015
The Law of the Republic of Kazakhstan dated December 25, 2018 No. 201-VI SAM.
PRESS RELEASE
To ratify the Agreement on the Movement of Ozone–depleting Substances and Products Containing Them and Accounting for Ozone–depleting Substances in the Implementation of Mutual Trade of the Member States of the Eurasian Economic Union, concluded in Burabay on May 29, 2015, as well as the Protocol on the Accession of the Kyrgyz Republic to the Agreement on the Movement of Ozone-depleting Substances and Products Containing Them and Accounting for Ozone-depleting Substances in the Implementation of Mutual Trade of the Member States of the Eurasian Economic Union. members of the Eurasian Economic Union dated May 29, 2015, signed in Sochi on August 12, 2016.
President Republic of Kazakhstan
N. NAZARBAYEV
Agreement on the movement of ozone-depleting substances and products containing them and accounting for ozone-depleting substances in the implementation of mutual trade of the member States of the Eurasian Economic Union
(Entered into force on February 1, 2019 - Bulletin of International Treaties of the Republic of Kazakhstan 2019, No. 1, Article 8)
The Government of the Republic of Armenia, the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties,
based on the Treaty on the Eurasian Economic Union of May 29, 2014,
Wishing to promote the development of trade relations,
Striving to create favorable conditions for the effective functioning of the Eurasian Economic Union (hereinafter - the Union),
Reaffirming their commitment to the principles of fulfilling their international obligations under the Vienna Convention for the Protection of the Ozone Layer of March 22, 1985, and ensuring compliance with obligations arising from the Montreal Protocol on Substances that Deplete the Ozone Layer of September 16, 1987 (hereinafter referred to as the Montreal Protocol),
based on the need to ensure the national interests and security of their States,
have agreed on the following:
Article 1
This Agreement regulates relations related to the movement of ozone-depleting substances and products containing them through the customs territory of the Union, specified in Sections 1.1 and 2.1 of the Unified List of Goods Subject to Prohibitions or Restrictions on Import or Export by the member States of the Customs Union within the framework of the Eurasian Economic Community in Trade with Third Countries, approved by the Decision of the Board of the Eurasian Economic Commission Commission dated August 16, 2012 No. 134 "On regulatory legal acts in the field of non-tariff regulation", as well as related to the consideration of ozone-depleting substances in the implementation of mutual trade between the States of the Parties.
Article 2
For the purposes of this Agreement, the terms used mean the following:
"conclusion (authorization document)" is a document confirming the right to move ozone-depleting substances and products containing them.;
"applicant" is a legal entity or individual registered as an individual entrepreneur who has applied for an opinion (authorization document) on the movement of ozone-depleting substances and products containing them.;
"competent authority" - the authority of the state of the Party authorized to issue opinions (permits);
"reporting body" - the body of the State of the Party authorized to send the report provided for in Article 7 of the Montreal Protocol;
"transfer" means the import and (or) export of ozone-depleting substances and products containing them, which are Union goods, from the territory of the State of one Party to the territory of the State of the other Party.
Other concepts used in this Agreement are applied in accordance with the Montreal Protocol and international treaties concluded within the Union.
Article 3
This Agreement applies to the following persons:
legal entities engaged in the movement, production, and use of ozone-depleting substances and products containing them;
individuals registered as individual entrepreneurs engaged in the movement and use of ozone-depleting substances and products containing them in connection with their entrepreneurial activities;
individuals who move products containing ozone-depleting substances for personal use (for non-commercial purposes).
Article 4
The movement of ozone-depleting substances by individuals for personal use (for non-commercial purposes) is prohibited.
Article 5
The Parties shall exercise State control over the movement, production, and use of ozone-depleting substances and products containing them in accordance with this Agreement and the legislation of the States of the Parties.
Article 6
The transfer of ozone-depleting substances and products containing them is carried out on the basis of an opinion (authorization document) issued by the competent authority in a single form approved by the decision of the Eurasian Economic Commission.
Article 7
The conclusion (authorization document) is issued to the applicant in the manner and within the time limits established by the legislation of the States of the Parties.
Conclusion (authorization document) A permit for the export of ozone-depleting substances and products containing them is issued by the competent authority of the State of the Party from which they are to be exported, subject to an opinion (authorization document) for the import of such substances and products issued by the competent authority of the State of the Party to which the import of ozone-depleting substances and products containing them is to be carried out.
Copies of the conclusions (permits) are attached to the package of shipping documents.
Article 8
Obtaining an opinion (authorization document) is not required:
when individuals move products containing ozone-depleting substances for personal use (for non-commercial purposes);
when moving ozone-depleting substances together with an air, sea (river), railway, or automobile vehicle for the purpose and in the amount necessary to ensure the normal operation of the equipment and technical devices of this vehicle, including for refueling, refueling refrigeration equipment, air conditioning systems, fire extinguishing equipment, and other equipment and technical devices, for the operation of which ozone-depleting substances are required in accordance with technical specifications.
Article 9
The competent authority of the State of the Party to which (from which) it is planned to import (export) ozone-depleting substances and products containing them, within 3 working days from the date of issuance of the conclusion (authorization document) for the import (export) of such substances and products, sends it to the competent authority of the State of the Party from which (to which) it is planned their export (import), by e-mail in a format agreed upon by the competent authorities.
Article 10
Applicants keep records of ozone-depleting substances and annually, by February 1 of the year following the reporting year, submit a report to the reporting body of their state in accordance with the annex.
Legal entities engaged in the production of ozone-depleting substances, once a quarter, until the 15th day of the month following the reporting quarter, submit to the reporting authority of their State a report in the form provided for in the annex to this Agreement.
The legislation of the States of the Parties may establish other deadlines for the submission of the specified report, but not less frequently than the periodicity provided for in this article.
Article 11
Failure to submit the report provided for in Article 10 of this Agreement, as well as the submission of incomplete and unreliable information in the report, entails liability in accordance with the laws of the States of the Parties.
Article 12
The reporting body of the State of the Party in whose territory there is a production of ozone-depleting substances, annually, before January 1 of the year for which the quota for the production of ozone-depleting substances is established, informs the legal entity engaged in the production of ozone-depleting substances, the amount of the specified quota.
Article 13
The reporting body summarizes information on the production and movement of ozone-depleting substances once a quarter, until the 20th day of the month following the reporting quarter, and, if possible, reaches the estimated level of consumption of ozone-depleting substances in its State. The Montreal Protocol for each of the States of the Parties, sends:
an instruction to the competent authority of its state on the termination of issuing certificates (permits) for the import of ozone-depleting substances;
to legal entities engaged in the production of ozone-depleting substances, an instruction on the termination of production;
to provide information to the competent authorities of the States of the other Parties on the need to stop issuing certificates (permits) for the export of ozone-depleting substances to this State of the Party.
Article 14
The competent authorities stop issuing opinions (permits):
for the import of ozone-depleting substances - if the estimated level of consumption of ozone-depleting substances established by the Montreal Protocol is reached in its State.;
for the export of ozone-depleting substances to the relevant State of the Party - in case of receiving information in accordance with the fourth paragraph of Article 13 of this Agreement.
Article 15
The Parties shall inform each other about the competent and reporting authorities of their States.
In the event of a change, the Parties shall immediately notify each other through diplomatic channels.
Article 16
Disputes related to the interpretation and/or application of this Agreement are resolved in accordance with the procedure established by Article 112 of the Treaty on the Eurasian Economic Union of May 29, 2014.
Article 17
By mutual agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.
Article 18
This Agreement shall enter into force upon the expiration of 10 calendar days from the date of receipt by the depositary through diplomatic channels of the last written notification on the completion by the States of the Parties of the internal procedures necessary for the entry into force of this Agreement.
Done in Burabay on May 29, 2015, in one original copy in the Russian language.
The original copy of this Agreement is kept in the Eurasian Economic Commission, which, being the depositary of this Agreement, will send each Party a certified copy of it.
For the Government of the Republic of Armenia
For the Government of the Republic of Belarus
For the Government of the Republic of Kazakhstan
For the Government Of the Russian Federation
ANNEX to the Agreement on the Movement of Ozone-Depleting Substances and Products Containing Them and Accounting for Ozone-depleting Substances in Mutual Trade of the Member States of the Eurasian Economic Union
report on the movement, production and use of ozone-depleting substances
for ________ quarter ___________ year / in 20 ________ year
Name of the legal entity or individual entrepreneur
Name of ozone depleting substances (ODS), mixtures of ODS (percentage component composition of the mixture)
The volume of ODS residues at the beginning of the reporting year, tons
ODS produced, tons
Import of ODS
ODS export
Used or sold ODS, tons
The volume of ODS residues at the end of the reporting year, tons
quantity, tons
name of the legal entity or individual entrepreneur, registration number* of the ODS supplier
supplier's address, country
quantity, tons
name of the legal entity or individual entrepreneur, account number* of the recipient of the ODS
recipient's address, country
1
2
3
4
5
6
7
8
9
10
11
12
total:
-
-
-
-
-
______________________________
*Registration numbers of applicants with tax authorities, which are used to record information about income subject to taxation.:
for the Republic of Armenia - UNN;
for the Republic of Belarus - UNP;
for the Republic of Kazakhstan - IIN/BIN;
for the Russian Federation - INN.
I hereby certify that this text is a complete and authentic copy of the Agreement on the Movement of Ozone-depleting Substances and Products Containing Them and Accounting for Ozone-depleting Substances in Mutual Trade between the member States of the Eurasian Economic Union, signed on May 29, 2015 in Burabay.:
for the Government of the Republic of Armenia - Prime Minister of the Republic of Armenia O.A. Abrahamyan;
for the Government of the Republic of Belarus - Prime Minister of the Republic of Belarus A.V. Kobyakov;
for the Government of Kazakhstan - Prime Minister of the Republic of Kazakhstan K.K. Masimov;
for the Government of the Russian Federation - Chairman of the Government of the Russian Federation D.A. Medvedev.
The original copy is kept at the Eurasian Economic Commission.
Director Legal Department Of the Eurasian Economic Commission
V. I. Taraskin
PROTOCOL on the Accession of the Kyrgyz Republic to the Agreement on the Movement of Ozone-Depleting Substances and Products Containing Them and Accounting for Ozone-Depleting Substances in Mutual Trade of the Member States of the Eurasian Economic Union dated May 29, 2015
The Governments of the member States of the Eurasian Economic Union,
Guided by Article 2 of the Treaty on the Accession of the Kyrgyz Republic to the Treaty on the Eurasian Economic Union dated May 29, 2014, signed on December 23, 2014, we agreed as follows:
Article 1
By this Protocol, the Kyrgyz Republic joins the Agreement on the Movement of Ozone-depleting Substances and Products Containing Them and Accounting for Ozone-depleting Substances in the Implementation of Mutual Trade of the member States of the Eurasian Economic Union dated May 29, 2015.
Article 2
This Protocol shall enter into force from the date of receipt by the depositary through diplomatic channels of the last written notification on the implementation by the member States of the Eurasian Economic Union of the internal procedures necessary for the entry into force of this Protocol, but not earlier than the date of entry into force of the Agreement on the Movement of Ozone-depleting Substances and Products Containing Them and Accounting for Ozone-depleting Substances in the Conduct of Mutual Trade between the member States of the Eurasian Economic Union. members of the Eurasian Economic Union dated May 29, 2015.
Done in Sochi on August 12, 2016, in one original copy in Russian.
The original copy of this Protocol shall be kept in the Eurasian Economic Commission, which, as the depositary of this Protocol, will send a certified copy to each member State of the Eurasian Economic Union.
For the Government of the Republic of Armenia
For the Government of the Republic of Belarus
For the Government of the Republic of Kazakhstan
For the Government of the Kyrgyz Republic
For the Government of the Russian Federation
I hereby certify that this text is a complete and authentic copy of the Protocol on the Accession of the Kyrgyz Republic to the Agreement on the Movement of Ozone-Depleting Substances and Products Containing Them and Accounting for Ozone-Depleting Substances in Mutual Trade of the member States of the Eurasian Economic Union dated May 29, 2015, signed on August 12, 2016 in Sochi.:
for the Government of the Republic of Armenia - Prime Minister of the Republic of Armenia O.A. Abrahamyan;
for the Government of the Republic of Belarus - Prime Minister of the Republic of Belarus A.V. Kobyakov;
for the Government of the Republic of Kazakhstan - Prime Minister of the Republic of Kazakhstan K.K. Masimov;
for the Government of the Kyrgyz Republic - by the Prime Minister of the Kyrgyz Republic S.Sh. Jeenbekov;
For the Government of the Russian Federation - Chairman of the Government of the Russian Federation D.A. Medvedev.
The original copy is kept at the Eurasian Economic Commission.
Director Legal Department Of the Eurasian Economic Commission
V. I. Taraskin
President
Republic of Kazakhstan
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