On the ratification of the Agreement on the Exchange of Biological Material

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The Law of the Republic of Kazakhstan dated October 21, 2024 No. 132-VIII SAM.

To ratify the Agreement on the Exchange of Biological Materials, signed in Minsk on May 20, 2022.

President

Republic of Kazakhstan

K. TOKAEV

Officially certified text

AGREEMENT on the exchange of biological material

The Governments of the States Parties to this Agreement, hereinafter referred to as the Parties,

Guided by the Agreement on Cooperation in the field of Veterinary Medicine dated March 12, 1993,

in order to prevent the spread of infectious animal diseases, improve laboratory diagnostics of particularly dangerous animal diseases, replenish national collections of microorganisms (strains) and protect the territories of the States Parties to this Agreement from epizootics.

have agreed on the following:

Article 1

The subject of this Agreement is cooperation and mutual assistance of the competent authorities of the Parties in the exchange of biological material, improvement of laboratory diagnostics of especially dangerous animal diseases and prevention of the spread of infectious animal diseases in the territories of the States Parties to this Agreement.

Article 2

To implement the provisions of this Agreement, the Parties shall authorize their central state veterinary authorities as competent authorities.

Article 3

For the purposes of this Agreement, the terms used have the following meanings:

accredited laboratory (center) is a government organization (government agency) The Parties accredited (certified) in the system of accreditation (attestation) of the State party to this Agreement and, if necessary, in the international accreditation system and conducting laboratory research (testing) in the field of veterinary medicine, or a structural unit of such an institution;

The competent authorities of the Parties are the central state veterinary authorities, which, in accordance with the legislation of the State Party to this Agreement, are responsible for monitoring compliance with veterinary legislation, implementing measures to prevent and eliminate infectious and other animal diseases.;

biological material (biomaterial) - samples (samples) taken from clinically healthy animals suspected of infecting live or dead animals for the purpose of laboratory studies (tests) that may contain or contain infectious or parasitic pathogens;

reference laboratory (center) is an accredited state laboratory authorized by a Party to perform reference functions, independent of manufacturers, suppliers and consumers of products in the reference field of activity.;

supplier - the competent authorities of the Parties or their subordinate institutions that send samples (samples);

recipient - the competent authorities of the Parties or their subordinate institutions receiving samples (samples).

Article 4

Biomaterial research is carried out in accredited laboratories (centers) Sides'.

The frequency and necessity of laboratory research (testing) of biomaterials, selection and research (testing) of samples (samples) for laboratory research (testing) are determined taking into account the epizootic situation, common scientific interests and at the request of the Parties.

Article 5

The transfer of biomaterial containing pathogens of particularly dangerous animal diseases is carried out in accordance with the legislation of the States Parties to this Agreement.

The supplier provides samples (samples) to the recipient free of charge.

The biomaterial will be used by the recipient in his laboratory with an appropriate biosafety system solely for the purpose of conducting diagnostic, monitoring and/or scientific research.

The biomaterial will not be used for commercial purposes, such as the manufacture or sale of commercial products or services that require a commercial license.

Upon completion of any research, the recipient undertakes to inform the supplier of the results of these studies. The recipient may use the material for other purposes in agreement with the supplier.

The recipient uses the biomaterial exclusively within the framework of this Agreement and undertakes to destroy all remnants of the biomaterial upon completion of their laboratory studies (tests).

Article 6

The recipient agrees to maintain confidentiality when working with any written information from the supplier about the biomaterial, except for information that was previously known to the recipient or that is or becomes publicly available through no fault of the recipient, or that is lawfully disclosed by the recipient or recipient without obligation to maintain confidentiality.

The Recipient undertakes not to disclose confidential information during the entire period of performance of the duties assumed by him in accordance with this Agreement.

The recipient may publish or publicly disclose the research results only after prior agreement with the provider of the information proposed for disclosure and their written consent to such publication or disclosure.

Article 7

The supplier is the owner of the biomaterial and has all rights to the biomaterial for the duration of the research. The transfer of biomaterial does not imply the transfer of ownership rights to the biomaterial to the recipient.

The supplier reserves the right to distribute the biomaterial to others and use it for its own purposes.

Article 8

The selection, packaging, and dispatch (transportation) of the material are carried out in accordance with the recommendations of the World Organization for Animal Health and other international rules and standards. Shipping costs are negotiated between the supplier and the recipient. Each package of biomaterial is accompanied by a list of technical data containing detailed characteristics of the biomaterial (annex to this Agreement). It is possible to provide additional information at the request of the supplier.

Article 9

Within the framework of this Agreement, the competent authorities of the Parties may use other forms of cooperation in accordance with the laws of the States Parties to this Agreement.

The Intergovernmental Council for Cooperation in the Field of Veterinary Medicine is responsible for coordinating the implementation of this Agreement.

Article 10

The interaction of the competent authorities of the Parties in carrying out measures to prevent, identify and curb the spread of particularly dangerous animal diseases, including the exchange of biological material, may include joint planning, the use of funds and the involvement of specialists, the exchange of information on the progress and results of these activities.

Article 11

Financial support for the implementation of this Agreement is provided by the Parties at the expense and within the limits of funds provided in the national budgets to the competent authorities of the Parties for the performance of their functions.

Article 12

This Agreement may be amended by mutual agreement of the Parties, which are an integral part of it, which are formalized by the relevant protocol.

Article 13

Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties concerned or through another procedure agreed upon by the Parties.

For the purposes of resolving possible disputes and material claims, the provisions of this Agreement shall continue to apply to the withdrawing Party until all disputes are fully resolved.

In case of disputes during laboratory research (testing), the final results are recognized as the results of laboratory research (testing) obtained in the reference laboratory (center).

Reference laboratories (centers) may be involved in resolving disputes Parties that are not parties to the dispute, or reference laboratories (centers) of third countries authorized by the World Organization for Animal Health.

The assignment of reference functions to laboratories (centers) and confirmation of the competence of reference laboratories (centers) are carried out in accordance with the procedure established by the legislation of the States Parties to this Agreement.

The procedure for appealing the results of laboratory tests conducted by the laboratory (center) is conducted in accordance with the legislation of the State Party to this Agreement.

The list of reference laboratories (centers) with an indication of their reference functions is posted on the websites of the competent authorities of the Parties on the Internet.

Article 14

This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force.

For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.

Article 15

After its entry into force, this Agreement is open for accession by any State by submitting an instrument of accession to the depositary.

For a CIS member State, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.

For a non-CIS State, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the last notification of the consent of the signatory or acceding States to such accession.

Article 16

This Agreement is concluded for an indefinite period. Each of the Parties has the right to withdraw from this Agreement by sending a written notification of its intention to the depositary no later than six months before the withdrawal and settling the obligations that have arisen during the validity of this Agreement.

Done on May 20, 2022, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Government

The Republic of Azerbaijan

For the Government

Of the Russian Federation

M. Mishustin

For the Government

Republic of Armenia

For the Government

Republic of Tajikistan

To. Rasulzoda

For the Government

Republic of Belarus

R. Golovchenko

For the Government of Turkmenistan

For the Government

Republic of Kazakhstan

A. Smailov

For the Government of the Republic of Uzbekistan

For the Government

Of the Kyrgyz Republic

A. Japarov

For the Government of Ukraine

For the Government

Republic of Moldova

Annex to the Agreement on the Exchange of Biological Material dated May 20, 2022

List of technical data

(accompanies each delivery of biomaterial)

It is filled in for each delivery within the framework of the Agreement on the transfer of biomaterials no. _______ dated ______ 202__ and meets the terms and conditions of the Agreement

Sample Description

Date of sampling (dd/mm/yy)

Type and age of the animal, ind. number, nickname, etc.

Address, location of the animal, owner

Description epizootological data

Skin lesions (aphthous material), 1 container (sample No. 1)

07/01/2020

Cow, age 5, No. 00099901XX "Zorka"

Russia, Primorsky Krai, Vladivostok, Geroyev str., 5.

The owner is A.A. Ivanov.

It is kept in a private courtyard

The biomaterial was taken from a cow with clinical signs of foot-and-mouth disease.

The first signs were noted by the owner on 01.01.2020.

The animal is not vaccinated against foot-and-mouth disease, ITCHING. There are no other animals in the courtyard

*The data presented in the table is an example to fill in.

Signed on behalf of ______________ Signed on behalf of ______________

Director or authorized person Director or authorized person

Date Date

Electronic signatures are accepted. The recipient of the material must sign and return it to confirm receipt.

President

Republic of Kazakhstan

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