On the ratification of the Agreement of the Member States of the Customs Union on the Elimination of Technical Barriers to Mutual Trade with the Member States of the Commonwealth of Independent States that are not member States of the Customs Union
The Law of the Republic of Kazakhstan dated March 12, 2015 No. 291-V SAM
To ratify The Agreement of the member States of the Customs Union on the elimination of technical barriers to mutual trade with the member States of the Commonwealth of Independent States that are not member States of the Customs Union, signed in Moscow on December 17, 2012.
President of the Republic of Kazakhstan N. NAZARBAYEV
Agreement of the Member States of the Customs Union on the Elimination of Technical Barriers to Mutual Trade with the Member States The Commonwealth of Independent States, which are not member States of the Customs Union
The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, in order to expand mutual trade between the member States of the Customs Union and the member States of the Commonwealth of Independent States that are not member States of the Customs Union, taking into account the rules and principles established by Agreement on Technical Barriers to Trade and Agreement on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization, adopted as a result of the Uruguay Round of multilateral trade negotiations on April 15, 1994, as well as the provisions of Agreements on the implementation of a coordinated policy in the field of standardization, metrology and Certification dated March 13, 1992, Agreements on the Basics of Harmonization of Technical Regulations of the Member States of the Eurasian Economic Community dated March 24, 2005, Agreements on the implementation of a coordinated policy in the field of technical regulation, Sanitary and Phytosanitary Measures dated January 25, 2008, Agreements of the Customs Union on sanitary measures of December 11, 2009, Agreements of the Customs Union on Veterinary and Sanitary Measures of December 11, 2009, Agreements Of the Customs Union on Plant Quarantine dated December 11, 2009, the Agreement on Common Principles and Rules of Technical Regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation dated November 18, 2010 and the Treaty on the Eurasian Economic Commission dated November 18, 2011, desiring to eliminate technical barriers to mutual trade with the member States of the Commonwealth of Independent States, by non-member States of the Customs Union, have agreed on the following:
Article 1
Technical barriers to trade in this Agreement are understood to mean differences between the requirements of national technical regulations, standards, and conformity assessment (confirmation) procedures of a member State of the Commonwealth of Independent States that is not a member State of the Customs Union, and the technical regulations of the Customs Union, standards used in the Customs Union, and conformity assessment (confirmation) procedures of the Customs Union in relation to the same types of products, leading to obstacles in mutual trade. Other concepts used in this Agreement are applied in the meaning established by The Agreement on the Implementation of a coordinated policy in the field of technical regulation, Sanitary and Phytosanitary Measures dated January 25, 2008, the Agreement of the Customs Union on Sanitary Measures dated December 11, 2009 and the Agreement on Common Principles and Rules of Technical Regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation dated November 18, 2010.
Article 2
1. Any member State of the Commonwealth of Independent States that is not a member State of the Customs Union (hereinafter referred to as the Interested State) has the right to send a request to the Eurasian Economic Commission (hereinafter referred to as the Commission) for the removal of technical barriers to mutual trade in respect of certain types of products. The Commission, on the basis of a request from the Interested State, establishes a list of technical regulations of the Customs Union that apply to the types of products specified in the request of the Interested State, as well as a list of Commission decisions necessary for the application of these technical regulations, and brings them to the attention of the Interested State. 2. The condition for removing technical barriers to mutual trade in respect of the types of products specified in the request of the Interested State is the application by the Interested State of the requirements of the technical regulations of the Customs Union and the relevant decisions of the Commission specified in paragraph 1 of this Article, in the manner and under the conditions provided for in this Agreement. 3. The application of the technical regulations of the Customs Union by the interested State on its territory in accordance with the procedure and under the conditions provided for in this Agreement may be carried out at its discretion on a non-alternative or alternative basis. The application of the technical regulations of the Customs Union on a non-alternative basis is carried out without exceptions, subject to the termination of the national technical regulations and other legislative acts of the Interested State within the scope of the said technical regulations of the Customs Union. The application of the technical regulations of the Customs Union on an alternative basis is carried out without exceptions along with the applicable national technical regulations and other legislative acts of the Interested State in the scope of the said technical regulations of the Customs Union at the choice of applicants (participants in economic activity) of the Interested State.
Article 3
In order to eliminate technical barriers in mutual trade with the member States of the Customs Union, the interested State: a) ensures the direct operation on its territory of all technical regulations of the Customs Union applied by the Interested State in accordance with this Agreement, including amendments made to such technical regulations, as well as Commission decisions necessary for the application of said technical regulations; b) ensures the application of the lists of documents approved by the Commission, provided for in Article 6 of the Agreement on Common Principles and Rules of Technical Regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation dated November 18, 2010, including amendments to these lists; c) ensures the assessment (confirmation) of compliance of products in circulation with the requirements of applicable technical regulations Of the Customs Union in accordance with the procedure established by the specified technical regulations. In the case of applying the technical regulations of the Customs Union on an alternative basis, the provisions of this paragraph shall apply if the applicant of the Interested State chooses the technical regulations of the Customs Union.; d) ensures the circulation of products that comply with the requirements of the applicable technical regulations of the Customs Union, have passed the necessary procedures for assessing (confirming) compliance with the requirements of the technical regulations of the Customs Union, which apply to this type of product, and are marked with a single product circulation mark on the market of the member states of the Customs Union, on its territory without presenting additional requirements for such products in relation to those contained in the specified technical regulations and without conducting additional conformity assessment (confirmation) procedures; e) ensures uniformity of measurements in order to achieve comparability of the results of product conformity assessment (confirmation) with the requirements of the applicable technical regulations of the Customs Union; f) recognizes documents containing the results of product conformity assessment (confirmation) to the requirements of the applicable technical regulations of the Customs Union, obtained in accordance with the procedure established by these technical regulations; g) determines the authorized body responsible for the formation and maintenance of the national part of the Unified Register of Certification Bodies and Testing Laboratories (Centers) of the Customs Union (hereinafter - the Unified Register); h) determines the authorized body responsible for the formation and maintenance of national parts of the unified registers of conformity assessment (confirmation) documents provided for by the technical regulations of the Customs Union, as well as their prompt posting on the official website of the body with free access to them; i) determines the authorized bodies responsible for the state registration of technical regulation facilities provided for by the relevant technical regulations. Customs Union regulations; (k) harmonizes its legislation with the legislation of the Parties in the field of establishing liability for violations of the requirements of the applicable technical regulations of the Customs Union, as well as for violations during the procedures for assessing (confirming) conformity of products with the requirements of the specified technical regulations; (l) determines authorized bodies exercising state control (supervision) over compliance with the requirements of the applicable technical regulations of the Customs Union; m) joins the Integrated Information System of Foreign and Mutual Trade of the Customs Union in the part related to the sphere of technical regulation.
Article 4
1. The date of removal of technical barriers to mutual trade between the member States of the Customs Union and the Interested State in respect of certain types of products in the manner and under the conditions provided for in this Agreement, the list of technical regulations of the Customs Union, which apply to these types of products, and the list of decisions of the Commission necessary for the application of these technical regulations, are determined in the protocol, which is signed by the Commission on the basis of the Agreement on the Commission and the Interested State after the Commission determines that the Interested State fulfills the conditions provided for in Article 3 of this Agreement. The said protocol includes a provision stating that the State concerned assumes the obligations provided for in this Agreement. 2. During the verification of the fulfillment by the Interested State of the conditions provided for in Article 3 of this Agreement, the Commission has the right to request the necessary information from the Interested State, as well as to organize appropriate on-site inspections on the territory of the Interested State.
Article 5
1. If the Interested State applies the technical regulations of the Customs Union on a non-alternative basis, the Parties shall ensure: a) the circulation of products that comply with the requirements of the technical regulations of the Customs Union and are marked with a single product circulation mark on the market of the member States of the Customs Union, coming from the territory of the Interested State, including originating from third countries, in the single customs territory of the Customs Union without presenting additional requirements for such products in relation to those contained in the specified technical regulations and without conducting additional conformity assessment (confirmation) procedures; b) the possibility for the authorized body of the State Concerned to conduct procedures for public discussion of draft technical regulations of the Customs Union and draft amendments to such technical regulations. 2. If the State Concerned applies the technical regulations of the Customs Union on an alternative basis, the Parties shall ensure the circulation of products that comply with the requirements of the technical regulations of the Customs Union and are marked with a single product circulation mark on the market of the States. - members of the Customs Union originating from the territory of the State Concerned, in the single customs territory of the Customs Union without presenting additional requirements for such products in relation to those contained in the specified technical regulations and without conducting additional conformity assessment (confirmation) procedures. 3. In the case of application of the technical regulations of the Customs Union on a non-alternative or alternative basis, the Commission shall ensure, in accordance with the established procedure: a) access of the authorized body of the Interested state to the Integrated Information System of Foreign and Mutual Trade of the Customs Union in the part related to the field of technical regulation; b) inclusion of accredited certification bodies (conformity assessment (confirmation)) (hereinafter referred to as certification bodies) and testing laboratories (centers) (hereinafter referred to as laboratories) in the Unified Register on the proposals of the authorized body of the Interested State. 4. The interaction with the authorized bodies of the Interested State on the application of the technical regulations of the Customs Union is carried out by the Commission.
Article 6
1. Mandatory assessment (confirmation) of conformity of products to the requirements of the applicable technical regulations of the Customs Union in the territory of the state concerned is carried out in the forms established by the relevant technical regulations of the Customs Union. 2. When declaring compliance with the requirements of the technical regulations of the Customs Union applied on a non-alternative basis, the applicant may be a legal entity or an individual registered in accordance with the legislation of the Interested state on its territory as an individual entrepreneur, or who is a manufacturer or seller., or performing the functions of a foreign manufacturer on the basis of a contract with him in terms of ensuring compliance of the supplied products with the requirements of the applicable technical regulations of the Customs Union and in terms of responsibility for non-compliance of the supplied products with the requirements of the specified technical regulations (a person performing the functions of a foreign manufacturer in the territory of the Interested state). 3. When declaring compliance with the requirements of the technical regulations of the Customs Union applied on an alternative basis, the applicant may be a legal entity registered in accordance with the legislation of the Interested State on its territory or an individual as an individual entrepreneur who is a manufacturer. 4. Products that comply with the requirements of the technical regulations of the Customs Union applied by the State Concerned and have passed the conformity assessment (confirmation) procedures established by the said technical regulations shall be marked with a single product circulation mark on the market of the member States of the Customs Union, unless otherwise specified in the technical regulations of the Customs Union.
Article 7
1. In the territory of the Interested state, work on the assessment (confirmation) of conformity of products with the requirements established in the applicable technical regulations of the Customs Union is carried out by accredited certification bodies and laboratories of the Interested state included in the Unified Register. 2. The Parties recognize the results of the activities of accredited certification bodies and laboratories performing conformity assessment (confirmation) work in the national accreditation system of the State Concerned, subject to the following conditions: The national accreditation system of the State concerned contains rules and procedures for the implementation of accreditation that meet the requirements of international standards; accreditation is based on the principles of: voluntary nature; openness and accessibility of the rules of accreditation; the competence and independence of the bodies carrying out accreditation; ensuring equal conditions for applicants applying for accreditation; the inadmissibility of combining accreditation activities and conformity assessment (confirmation). 3. The inclusion of accredited certification bodies and laboratories of the Interested State in the Unified Register is carried out on the proposal of the authorized body of the Interested State in accordance with the criteria established by the Commission.
Article 8
1. State control (supervision) over compliance with the requirements of the technical regulations of the Customs Union applied by the Interested State is carried out in accordance with the procedure established by the legislation of the Interested state. 2. When exercising control and supervisory functions in relation to products that have passed the procedures for assessing (confirming) compliance with the technical regulations of the Customs Union, the state control (supervision) authorities of the Interested state apply research (testing) and measurement methods, sampling rules determined by the decision of the Commission on the approval of technical regulations, which is applied by the Interested State in accordance with this Agreement.. 3. If products that do not comply with the requirements of the applicable technical regulations of the Customs Union are found on the territory of the Interested State, or products subject to conformity assessment (confirmation) that arrive or are in circulation without a document on conformity assessment (confirmation) and (or) without labeling with a single product circulation mark on the market of the member States of the Customs Union, the authorized bodies The interested State applies measures to prevent these products from being put into circulation and exported to the customs territory of the Customs Union., upon its withdrawal from circulation in accordance with the legislation of the State Concerned, and also inform the Commission about it and send a corresponding notification to the Integrated Information System of Foreign and Mutual Trade of the Customs Union.
Article 9
The Parties and the State Concerned, guided by the interests of protecting human, animal and plant life or health, may temporarily impose sanitary, veterinary and sanitary or phytosanitary restrictive measures on certain types of products based on available appropriate information on the threat of harm (including information received from relevant international organizations), as well as information on sanitary veterinary, sanitary and phytosanitary measures applied by other states. In this case, the Parties and the State Concerned shall immediately inform the Commission of the interim measures taken and begin the process of consultations and negotiations on this issue. The Parties and the State Concerned shall seek to obtain additional information about the existing threat to human, animal and plant life or health, necessary for a more objective assessment of the risk, and accordingly review the temporary sanitary, veterinary, sanitary or phytosanitary restrictive measure within a reasonable period of time.
Article 10
Disputes between the Parties related to the interpretation and/or application of the provisions of this Agreement are resolved through negotiations and consultations.
Article 11
Reservations to this Agreement are not allowed.
Article 12
Amendments to this Agreement are made by mutual agreement of the Parties and are formalized in separate protocols.
Article 13
This Agreement shall enter into force on the date of receipt by the depositary of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. Done in Moscow on December 17, 2012, in one original copy in the Russian language. The original copy of this Agreement shall be kept by the Commission, which, as the depositary of this Agreement, will send a certified copy to each Party.
For the Republic of Belarus
For the Republic of Kazakhstan
For the Russian Federation
I hereby certify that this text is a complete and authentic copy of the Agreement of the member States of the Customs Union on the Elimination of Technical Barriers to Mutual Trade with the member States of the Commonwealth of Independent States, which are not also member States of the Customs Union, signed on December 17, 2012 in Moscow.:
for the Republic of Belarus - Chairman of the Board of the Development Bank of the Republic of Belarus Open Joint Stock Company on the basis of the powers of the Deputy Prime Minister of the Republic of Belarus for foreign economic activity within the framework of the Eurasian Economic Community, the Customs Union, the Single Economic Space, including the representative of the Republic of Belarus in the Council of the Eurasian Economic Commission, granted by Decree of the President of the Republic of Belarus dated 23 August 2012, No. 376, - S.N. Rumas;
for the Republic of Kazakhstan - Deputy Prime Minister of the Republic of Kazakhstan K.N. Kelimbetov;
for the Russian Federation - I.I. Shuvalov, First Deputy Chairman of the Government of the Russian Federation.
The original copy is kept at the Eurasian Economic Commission.
Director Legal Department of V.I. Taraskin
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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