On ratification of the Protocol on Amendments to the Treaty on the Eurasian Economic Union dated May 29, 2014

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The Law of the Republic of Kazakhstan dated April 19, 2024 No. 75-VIII SAM.

To ratify the Protocol on Amendments to the Treaty on the Eurasian Economic Union dated May 29, 2014, signed in Moscow on May 25, 2023.

President of the Republic of Kazakhstan

K. TOKAEV

PROTOCOL on Amendments to the Treaty on the Eurasian Economic Union dated May 29, 2014

The member States of the Eurasian Economic Union, hereinafter referred to as the Member States,

guided by article 115 of the Treaty on the Eurasian Economic Union of May 29, 2014,

have agreed on the following:

Article 1

To make the following amendments to the Treaty on the Eurasian Economic Union dated May 29, 2014:

1) paragraph 5 of Article 53 should be supplemented with the following paragraph:

"In order to establish similar (comparable) regulation, the general principles and approaches regarding the establishment of liability in the legislation of the Member States for violations of mandatory product requirements, rules and procedures for mandatory conformity assessment are determined by the Supreme Council.";

2) add the words "emergency phytosanitary measures" to the title of section XI;

3) add article 591 as follows:

"Article 591

Emergency phytosanitary measures

1. Emergency phytosanitary measures are applied to harmful organisms that are not included in the unified list of quarantine facilities of the Union and pose a phytosanitary risk for the period until the relevant harmful organisms are included in the specified list or until the result of a phytosanitary risk analysis for harmful organisms confirming the absence of such a risk is obtained.

2. A Member State may introduce emergency phytosanitary measures in the following cases::

1) the lack of an appropriate and sufficient scientific justification for the application of phytosanitary measures or the inability to provide such justification within the necessary time frame upon receipt of official information from relevant international organizations, member States, as well as from third countries on the phytosanitary measures taken;

2) obtaining the result of an analysis of the phytosanitary risk in relation to harmful organisms, confirming the existence of such a risk.

3. A Member State introducing an emergency phytosanitary measure shall notify the Commission and other Member States thereof and submit to the Commission a proposal with an appropriate justification for the introduction of such a measure in the customs territory of the Union.

The Commission considers proposals from the Member States on the introduction of an emergency phytosanitary measure and, based on the results of the review, may decide on the introduction of such a measure in the customs territory of the Union.

4. The Member States shall cooperate on the introduction of emergency phytosanitary measures in accordance with the procedure approved by the Commission.";

4) add paragraphs 3 and 4 to article 61 as follows:

"3. As part of the coordinated policy in the field of consumer protection, the Commission, together with the Member States, is developing a program of joint actions of the Member States in the field of consumer protection, approved by the Intergovernmental Council.

4. The Commission, together with the Member States, monitors the implementation of the program of joint actions of the Member States in the field of consumer protection.";

5) Add the following sentence to paragraph 1 of Article 109: "The procedure for such an appeal, as well as other issues related to the status of an observer State, are determined by the regulations approved by the Supreme Council.";

6) add the words "emergency phytosanitary measures" to subparagraph 4 of paragraph 3 of the Regulations on the Eurasian Economic Commission (Annex No. 1 to the said Agreement);

7) paragraph nineteen of paragraph 2 of the Protocol on Information and Communication Technologies and Information Interaction within the Framework of the Eurasian Economic Union (Annex No. 3 to the said Agreement) should be supplemented with the words ", as well as between business entities and authorized bodies in the process of drafting, sending, transmitting and receiving electronic documents, information in electronic form";

8) in the Protocol on the procedure for Crediting and Distributing the amounts of Import Customs duties (other duties, taxes and charges having equivalent Effect) and their transfer to the budgets of the Member States (Appendix No. 5 to the said Agreement):

in paragraph 2:

Add the words "(single treasury account)" to the second paragraph after the words "correspondent account".;

Add the word "(treasury)" to the seventh paragraph after the word "cash".;

9) in the Protocol on Non-Tariff Regulatory Measures in relation to Third Countries (Annex No. 7 to the said Treaty):

Paragraph 34 should be supplemented with the following paragraphs:

"The procedure for issuing (processing) a permit, its structure and format in the form of an electronic document are approved by the Commission, and before their approval are determined in accordance with the legislation of the member state.

Permits issued by the authorized body of one Member State are recognized by all other Member States.";

In paragraph 35, the words "according to the annex" should be replaced by the words "provided for in paragraph 48 of this Protocol";

Paragraph 48 should be worded as follows:

"48. The rules for issuing licenses and permits for the export and (or) import of goods included in the unified list of goods are approved by the Commission.

The procedure for issuing (processing) a license, its structure and format in the form of an electronic document are approved by the Commission, and before their approval are determined in accordance with the legislation of the member State.";

The rules for issuing licenses and permits for the export and (or) import of goods (annex to the specified Protocol) shall be declared invalid;

10) in the Protocol on Technical Regulation within the framework of the Eurasian Economic Union (Appendix No. 9 to the said Agreement):

in paragraph twenty-eighth of paragraph 2, the words "actions on behalf of this manufacturer during conformity assessment and release of products into circulation on the territory of the Union, as well as" should be replaced by the words "on behalf of this manufacturer, conformity assessment and release of products into circulation,";

The fifth paragraph of paragraph 4 should be worded as follows:

"In case of non-application of the standards included in the specified list, or in case of their absence, the conformity assessment is carried out on the basis of a risk analysis, taking into account the recommendations adopted by the Council of the Commission.";

paragraph 5 after the sixth paragraph should be supplemented with the following paragraph:

"Persons authorized by manufacturers should be included in the unified register of persons authorized by manufacturers. The procedure for the formation and maintenance of the specified register is determined by the Council of the Commission.";

11) in the Protocol on the implementation of an agreed policy in the field of ensuring the uniformity of measurements (Appendix No. 10 to the said Agreement):

in paragraph 2:

In the ninth paragraph, the word "(primary)" should be deleted.;

The eleventh paragraph should be worded as follows:

"national standard" means a standard of a unit of magnitude, including a primary one, recognized by a Member State for use in state or economic activities as a basis for attributing the value of a quantity to other standards of units of the same kind;";

after the eleventh paragraph, add the following paragraph:

"reference value of a quantity" is the value of a quantity that is used as a basis for comparison with values of quantities of the same kind;";

In subparagraph 2 of paragraph 3 and paragraph 6, the word "(primary)" should be deleted.;

12) in the Protocol on the Application of Sanitary, veterinary-sanitary and quarantine phytosanitary Measures (Appendix No. 12 to the said Agreement):

add the words "emergency phytosanitary measures" to the name;

Add the words "emergency phytosanitary measures" to paragraph 1;

in paragraph 2:

after the fifth paragraph, add the following paragraph:

"harmful organism" means any type, variety, or biotype of plants, animals, or pathogenic agents harmful to plants or plant products;";

after the fortieth paragraph, add the following paragraph:

"phytosanitary risk" - the probability of the introduction and spread of a pest in the territories of the Member States and the scale of the potential economic consequences associated with them for the Member States;";

after the forty-first paragraph, add the following paragraph:

"emergency phytosanitary measure" - mandatory requirements, rules and procedures applied urgently in cases stipulated by the Treaty on the Eurasian Economic Union in order to ensure the protection of the customs territory of the Union from the import and spread of a harmful organism not included in the unified list of quarantine facilities of the Union and representing a phytosanitary risk, and aimed at reducing such a risk;";

13) add the following sentence to the first paragraph of paragraph 13 of the Protocol on General Principles and Rules of Competition (Appendix No. 19 to the said Agreement): "In this case, the relevant request is considered to be sent on behalf of the Commission.";

14) in the Protocol on the Procurement Regulation Procedure (Appendix No. 25 to the said Agreement):

Paragraph 4 should be supplemented with the following paragraph:

"In order to ensure unhindered access of potential suppliers and suppliers of the Member States to participate in procurement conducted in electronic format, the Member States mutually recognize an electronic digital signature (electronic signature) produced in accordance with the legislation of one of the Member States. The rules for mutual recognition of an electronic digital signature (electronic signature) produced in accordance with the legislation of one Member State by other Member States for procurement purposes are determined by the Council of the Commission.";

In paragraph 20, the words "authorized regulatory and (or) supervisory authorities of the Member State" should be replaced by the words "bodies of the Member State performing the functions of regulation and (or) control";

in the first paragraph of paragraph 32, the words "Authorized regulatory and (or) controlling authority of the Member State in the field of procurement" should be replaced by the words "The authority of the Member State performing the functions of regulation and (or) control in the field of procurement,";

Item 27 of the list of cases of procurement from a single source or from a single supplier (contractor, contractor) (Appendix No. 3 to the specified Protocol) should be worded as follows:

"27. The customer, who has made a purchase from a certain supplier, needs additional quantities of relevant goods, works or services. At the same time, the quantity of additionally purchased goods or the volume of additionally purchased works or services may not exceed 10 percent of the quantity of goods or the volume of works or services provided for in the purchase agreement (contract) (the unit price of additionally supplied goods or performed works or services must be determined as a quotient of dividing the initial contract price by the quantity of such goods provided for in the contract product, scope of work or services).";

15) paragraph 97 of the Protocol on Uniform Rules for the Provision of Industrial Subsidies (Annex No. 28 to the said Agreement) shall be declared invalid.

Article 2

This Protocol shall enter into force on the date of receipt by the depositary, through diplomatic channels, of the last written notification on the completion by the Member States of the internal procedures necessary for its entry into force, taking into account the second paragraph of this article.

Paragraph 9 of Article 1 of this Protocol shall enter into force from the date of entry into force of the Decision of the Eurasian Economic Commission on approval of the rules for issuing licenses and permits for the export and (or) import of goods, but not earlier than the date of entry into force of this Protocol.

Done in Moscow on May 25, 2023, in one original copy in the Russian language.

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.

For the Republic of Armenia

For the Republic of Belarus

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Russian Federation

I hereby certify that this text is a complete and authentic copy of the Protocol on Amendments to the Treaty on the Eurasian Economic Union dated May 29, 2014, signed on May 25, 2023 in Moscow.:

for the Republic of Armenia - Prime Minister of the Republic of Armenia Nikol Pashinyan;

for the Republic of Belarus - President of the Republic of Belarus Alexander Lukashenko;

for the Republic of Kazakhstan - by the President of the Republic of Kazakhstan K. K. Tokayev;

for the Kyrgyz Republic - President of the Kyrgyz Republic S. N. Japarov;

for the Russian Federation - President of the Russian Federation Vladimir Putin. 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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