On the ratification of the Agreement on the Circulation of Seeds of Agricultural Plants within the framework of the Eurasian Economic Union

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The Law of the Republic of Kazakhstan dated December 27, 2018 No. 207-VI SAM.

PRESS RELEASE

To ratify the Agreement on the Circulation of Agricultural Plant Seeds within the framework of the Eurasian Economic Union, signed in Moscow on November 7, 2017.

President Republic of Kazakhstan

N. NAZARBAYEV

Agreement on the circulation of seeds of agricultural plants within the framework of the Eurasian Economic Union

(Entered into force on March 23, 2019, Bulletin of International Treaties of the Republic of Kazakhstan, 2019, No. 2, Article 23)

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

based on the Treaty on the Eurasian Economic Union of May 29, 2014,

Based on the mutual interest of the Member States in cooperation in the field of agricultural plant seed production in order to develop the agricultural plant seed market and increase the production of competitive agricultural products of the Member States,

Recognizing the expediency of unifying requirements in the fields of crop seed circulation, testing of varieties and seed production of agricultural plants within the framework of the Eurasian Economic Union (hereinafter referred to as the Union),

respecting the principles of mutual respect, equality and openness,

have agreed on the following.

Article 1

For the purposes of this Agreement, concepts are used that mean the following::

The Unified Register of Agricultural Plant Varieties is a general information resource containing information about agricultural plant varieties included in national registries.;

"variety testing" means measures to determine the economic and biological properties of a variety, as well as signs of distinctness, uniformity and stability of a variety in order to include it in the national register.;

"national register" is a register of varieties of agricultural plants approved (permitted, recommended) for use on the territory of a Member state, formed in accordance with the legislation of the Member State.;

"circulation of seeds of agricultural plants" is the movement of seeds of agricultural plants from the territory of one member state to the territory of another member state (including through the territory of a state that is not a member of the Union), their storage and sale;

"sowing (planting) qualities of seeds of agricultural plants" - a set of indicators of the quality of seeds of agricultural plants, characterizing the suitability of seeds for sowing (planting);

"agricultural plants" - cereals, legumes, cereals, fodder, technical, oilseeds, essential oils, vegetables, melons, fruits, berries, medicinal crops, as well as potatoes and grapes;

"seeds of agricultural plants" - the actual seeds of plants, seedlings, fruits, parts of complex fruits, copods, bulbs, tubers and other generative and vegetative parts of plants intended for reproduction and (or) reproduction of varieties of agricultural plants;

"seed production" - activities related to the production, movement, storage, sale and use of seeds of agricultural plants;

"variety" is a group of agricultural plants within the framework of the lowest of the botanical taxa, which is determined by the degree of severity of the features characterizing a given genotype or combination of genotypes, differs from other groups of agricultural plants of the same botanical taxon in one or more features or the degree of severity of the features and is stable.;

"varietal qualities of agricultural plant seeds" is a set of characteristics that characterize the belonging of agricultural plant seeds to a particular variety.

Article 2

This Agreement regulates legal relations related to the circulation of seeds of agricultural plants within the Union, with the exception of seeds of agricultural plants, the genetic program of which varieties contains genetically engineered material.

Article 3

1. The circulation of seeds of agricultural plants within the Union is carried out in the presence of documents containing information on their varietal and sowing (planting) qualities and issued in Russian and the state language (official languages) of the member state (if this is provided for by the legislation of the member state).

If the seeds of agricultural plants are treated with chemical or biological preparations, their circulation within the Union is carried out in packaged form if, in addition to the documents specified in the first paragraph of this paragraph, there is also information in Russian and the official language(s) of the member State (if provided for by the legislation of the member State) on the name of the chemical or biological the preparation indicated in the accompanying documents for these seeds and on their labeling (label).

2. The Member States shall recognize documents containing information on the varietal and seeding (planting) qualities of agricultural plant seeds issued by other Member States according to the list approved by the Eurasian Economic Commission (hereinafter referred to as the Commission) on the basis of proposals from the Member States.

Article 4

1. In order to provide information support for activities related to the circulation of agricultural plant seeds within the Union, the Commission forms a unified register of agricultural plant varieties (hereinafter referred to as the unified register).

2. The unified register is formed on the basis of information on varieties contained in national registers and provided by the member States to the Commission in electronic form using the integrated information system of the Union.

The procedure for the formation and maintenance of the unified register is determined by the Commission.

Article 5

In order to unify approaches to the varietal identification of agricultural plants, the determination of varietal and seed (planting) qualities of seeds of agricultural plants, the Member States ensure the use of uniform methods determined by the Council of the Commission.

Article 6

Member States shall take measures aimed at unifying their legislation governing the testing of varieties and seed production. The list of measures aimed at unifying the legislation of the member States and the timing of such unification are determined by the Supreme Eurasian Economic Council.

Article 7

Until the entry into force of the acts of the Council of the Commission adopted in accordance with Article 5 of this Agreement, the Member States shall apply the methods of varietal identification of agricultural plants, determination of varietal and seeding (planting) qualities of seeds of agricultural plants, established by the legislation of the Member States.

Article 8

This Agreement is an international agreement concluded within the framework of the Union and is included in the law of the Union.

Article 9

Disputes related to the interpretation and/or application of this Agreement are resolved in accordance with the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.

Article 10

By agreement of the Member States, this Agreement may be amended, formalized by separate protocols and forming an integral part of this Agreement.

Article 11

This Agreement shall enter into force upon the expiration of 30 calendar days from 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.

Done in Moscow on November 7, 2017, in one original copy in the Russian language.

The original copy of this Agreement shall be kept at the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.

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 Agreement on the Circulation of Agricultural Plant Seeds within the Framework of the Eurasian Economic Union, signed on November 7, 2017 in Moscow.:

for the Republic of Armenia – by the Prime Minister of the Republic of Armenia K.V. Karapetyan;

for the Republic of Belarus – by the Prime Minister of the Republic of Belarus A.V. Kobyakov;

for the Republic of Kazakhstan - by the Prime Minister of the Republic of Kazakhstan B.A. Sagintayev;

for the Kyrgyz Republic – by the Prime Minister of the Kyrgyz Republic S.D. Isakov;

for the Russian Federation – DmitryA. Medvedev, Chairman of the Government of the Russian Federation.

The original copy is kept at the Eurasian Economic Commission.

Director of the Legal Department Of the Eurasian Economic Commission

V. I. Taraskin

President

Republic of Kazakhstan

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