On the ratification of the Agreement on the implementation in 2015-2016 of a pilot project on the introduction of labeling of goods with control (identification) marks for the heading "Garments, clothing accessories and other products made of natural fur"
The Law of the Republic of Kazakhstan dated February 29, 2016 No. 466-V SAM
To ratify Agreement on the implementation in 2015-2016 of a pilot project on the introduction of labeling of goods with control (identification) marks for the heading "Garments, clothing accessories and other natural fur products", signed in Grodno on September 8, 2015.
President of the Republic of Kazakhstan N. NAZARBAYEV
AGREEMENT on the implementation in 2015 - 2016 of a pilot project on the introduction of labeling of goods with control (identification) trademarks for the heading "Articles of clothing, clothing accessories and other products made of natural fur"
Entered into force on August 12, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 5, art. 88
The member States of the Eurasian Economic Union, hereinafter referred to as the Member States, in order to ensure the legal turnover of goods, have agreed as follows:
Article 1
For the purposes of this Agreement, concepts are used that mean the following:: "competent (authorized) body of a Member State" means the executive authority of a member state authorized, in accordance with the legislation of a member state, to ensure: control over the turnover of goods in respect of which a decision has been taken on labeling with control (identification) marks; the functioning of the national system for labeling goods with control (identification) marks; coordination of the activities of the executive authorities of the member state for the control of the turnover of goods in respect of which a decision has been taken on labeling with control (identification) marks; "control (identification) mark" is a form of strict reporting with elements (means) of protection against counterfeiting (protected printing products) intended for labeling goods. It is allowed to use control (identification) signs containing a built-in radio frequency tag.; "marking with control (identification) marks" - affixing control (identification) marks of an approved sample to goods; "turnover of goods" - storage, transportation, production, importation into the customs territory of the Eurasian Economic Union, purchase and sale of goods in the territories of the member states; "wholesale trade" is a type of trading activity related to the purchase and sale of goods for their use in business activities (including for resale) or for other purposes not related to personal, family, household and other similar use; "retail trade" is a type of trading activity related to the purchase and sale of goods. goods for their use in personal, family, household and other purposes not related to the implementation of entrepreneurial activities; "goods" - products under the heading of the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union "Articles of clothing, clothing accessories and other products made of natural fur", in respect of which a decision was made to label with control (identification) marks; "trading activity" - a type of entrepreneurial activity related to the purchase and sale of goods; "cross-border trade in goods" - wholesale trade in goods carried out from the territory of one Member State to the territory of another Member State.
Article 2
1. This Agreement defines the procedure for the introduction of labeling with control (identification) marks (hereinafter referred to as control marks) of goods during the implementation in 2015-2016 of a pilot project to introduce labeling of goods under the heading "Garments, clothing accessories and other products made of natural fur", in respect of which a decision was made on labeling with control marks. 2. This Agreement applies to legal relations related to the turnover of goods under the heading "Garments, clothing accessories and other products made of natural fur", in respect of which a decision has been made to label with control marks, as well as to legal entities and individuals registered as individual entrepreneurs engaged in turnover and (or) the use of such goods in carrying out business activities.
Article 3
1. The Council of the Eurasian Economic Commission approves the list of goods to be marked with control marks (hereinafter referred to as the List). 2. The decision of the Council of the Eurasian Economic Commission (hereinafter referred to as the decision) on the approval of the List shall enter into force no earlier than 60 calendar days after the date of the official publication of such decision. The decision to exclude a product from the List comes into force in accordance with the procedure provided for in paragraph 16 of the Regulations on the Eurasian Economic Commission (Appendix No. 1 to the Treaty on the Eurasian Economic Union of May 29, 2014). 3. The goods included in the List, imported (imported) into the customs territory of the Eurasian Economic Union (hereinafter referred to as the Union) and (or) produced in the territories of the member States shall be marked with control marks, except for the cases provided for in paragraph 5 of this Article. It is allowed to mark the goods included in the List with control marks outside the customs territory of the Union. 4. From the effective date of the decision to approve and/or amend the List: a) it is prohibited for legal entities and individual entrepreneurs to purchase, store, use, transport and sell goods included in the List in the territories of the Member States without control marks or with control marks applied to them in violation of the established procedure, except for the transportation of goods included in the List to specialized warehouses determined in accordance with the Legislation of the Republic of Kazakhstan; in accordance with paragraph 6 of Article 6 of this Agreement, and storage of the specified goods in such premises; b) the goods included in the List are placed under customs procedures for re-import and release for domestic consumption if there are control marks on such goods, except for the cases provided for in the second paragraph of this subparagraph and paragraph 5 of this article. Marking with control marks may be carried out after the release of goods for domestic consumption in specialized warehouses designated in accordance with paragraph 6 of Article 6 of this Agreement, if the possibility of such marking is provided for by the legislation of the Member State. 5. The requirements for marking with control marks of goods included in the List do not apply to: a) transportation of goods placed under customs procedures when they are exported outside the customs territory of the Union; b) transportation of goods under customs control; c) transportation and storage of samples and samples of goods in the required quantities intended for testing in order to assess compliance with the requirements of technical regulations, as well as regulatory technical acts in the field of standardization; d) goods imported into the customs territory of the Union by organizers and participants of international exhibitions and fairs as samples and exhibits; e) goods, which are foreign gratuitous (humanitarian) aid registered in accordance with the procedure established by the legislation of the Member State; f) transportation and storage of goods purchased in the framework of retail trade and returned to sellers by buyers, carried out in accordance with the procedure determined by the legislation of the member state, subject to the availability of documents confirming the return of goods; g) sale (sale) of goods in duty-free shops; h) storage of goods under customs control in customs control zones control, in temporary storage warehouses and customs warehouses; i) storage and use of goods by their manufacturers; j) storage of goods by legal entities and individual entrepreneurs engaged in commission trade in goods on the basis of contracts concluded with individuals who are not individual entrepreneurs, carried out in accordance with the procedure provided for by the legislation of the Member State, prior to the offer of such goods for sale, including before their display at the place of sale, demonstration of their samples or providing information about them at the place of sale; (l) The acquisition, storage, use, transportation and sale of goods seized, seized, confiscated or otherwise converted into state revenue, and goods levied on account of unfulfilled obligations provided for by the tax and customs legislation of the Member States; (m) transportation, storage and use by individuals of goods imported as goods for personal use and purchased as part of retail trade.
Article 4
From the effective date of the decision to approve the List and/or amend the List: a) organizations engaged in the manufacture and sale of control signs to legal entities and individual entrepreneurs of the Member States shall inform electronically the competent (authorized) body of the Member State in whose territory the legal entities and individual entrepreneurs are registered about the manufactured and sold control signs; b) legal entities and individual entrepreneurs engaged in the importation into the customs territory of the Union and (or) production of goods included in the List, mark such goods with control marks and inform electronically the competent (authorized) body of the Member state in whose territory they are registered about the use of control marks.; c) legal entities and individual entrepreneurs engaged in cross-border trade in goods included in the List shall inform electronically the competent (authorized) body of the Member State in whose territory they are registered about the control marks applied to the goods purchased as part of such trade.; d) when goods are included in the List, legal entities and individual entrepreneurs engaged in wholesale and (or) retail trade of such goods shall mark the remnants of such goods with control marks in accordance with the procedure established by the legislation of the Member State in whose territory they are registered and inform electronically the competent (authorized) body of the Member State, on on the territory of which they are registered, about the use of control signs; e) legal entities and individual entrepreneurs engaged in trading in goods returned by buyers and (or) commission trading in goods on the basis of commission agreements concluded with individuals who are not individual entrepreneurs, prior to offering these goods for sale, including before they are displayed at the place of sale, demonstrating their samples or providing information Such goods are marked with control marks at the place of sale and informed electronically to the competent (authorized) authority of the Member State., in the territory of which they are registered, on the use of control marks; f) legal entities and individual entrepreneurs engaged in retail trade of goods included in the List inform electronically the competent (authorized) authority of the Member State in whose territory they are registered about the control marks applied to the goods sold (sold) in within the framework of such trade, if such information is provided for by the legislation of the Member State in whose territory they are registered.
Article 5
1. The competent (authorized) authorities of the Member States, together with other regulatory and law enforcement agencies of the Member States, shall ensure control over the turnover of goods included in the List. 2. In order to monitor and control the implementation of this Agreement and control the turnover of goods included in the List, information interaction is provided in cross-border trade between the competent (authorized) authorities of the member States, as well as between the competent (authorized) authorities of the Member States and the Eurasian Economic Commission. 3. In order to control the turnover of goods included in the List, the Member States will provide in their legislation for liability for non-fulfillment or improper fulfillment of the requirements established by this Agreement.
Article 6
1. Within 30 calendar days from the date of entry into force of this Agreement, the member States will inform the Board of the Eurasian Economic Commission about the competent (authorized) bodies of the member States. 2. Within 90 calendar days from the date of entry into force of this Agreement, the Council of the Eurasian Economic Commission will approve: a) the characteristics of the control mark, the procedure for its application, as well as the requirements for the structure and format of the information that the control marks will contain; b) the requirements for the information system for labeling goods; (c) Requirements for the structure and format of information transmitted by organizations engaged in the manufacture and sale of control marks to legal entities and individual entrepreneurs of the Member States to the competent (authorized) authorities of their member States, as well as the timing of its transfer; (d) requirements for the structure and format of information transmitted by legal entities and individual entrepreneurs, those who carry out the turnover of goods included in the List to the competent (authorized) authorities of their member States, as well as the timing of the transmission of such information; e) the procedure for interaction between the competent (authorized) bodies of the member States and the Eurasian Economic Commission, as well as requirements for the structure and format of information transmitted between the competent (authorized) bodies of the Member States and the Eurasian Economic Commission for the purposes of monitoring and controlling the implementation of this Agreement, as well as control over the turnover of goods included in the List, and their use. 3. Within 120 calendar days from the date of entry into force of this Agreement, but no later than April 1, 2016. The Member States will determine the procedure for the implementation and accounting of control marks. 4. Within 120 calendar days from the date of entry into force of this Agreement, but no later than April 1, 2016, the member States will ensure the functioning of the information system for labeling goods in accordance with the requirements approved by the Council of the Eurasian Economic Commission. 5. Within 120 calendar days from the date of entry into force of this Agreement, but no later than April 1, 2016. The competent (authorized) authorities of the Member States will form registers of organizations that will manufacture and sell control signs to legal entities and individual entrepreneurs. 6. Within 120 calendar days from the date of entry into force of this Agreement, but no later than April 1, 2016. The Member States will establish requirements for specialized storage facilities where legal entities and individual entrepreneurs importing goods included in the List are allowed to mark goods with control marks after their release for domestic consumption, as well as re-import, and (or) determine a list of such storage facilities.
Article 7
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 8
At the initiative of any of the Member States and by mutual agreement, amendments may be made to this Agreement, which are formalized in separate protocols. The Protocols shall enter into force in accordance with article 11 of this Agreement.
Article 9
This Agreement is an international agreement concluded within the framework of the Union and is included in the law of the Union.
Article 10
Reservations to this Agreement are not allowed.
Article 11
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 implementation by the Member States of the internal procedures necessary for the entry into force of this Agreement.
Done in Grodno on September 8, 2015, in a single copy in Russian. 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.
From the Republic From the Republic From the Republic Armenia Belarus Kazakhstan From Kyrgyz From the Russian Republic Federations
I hereby certify that this text is a complete and authentic copy of the Agreement on the implementation in 2015-2016 of a pilot project for the introduction of labeling of goods with control (identification) marks for the heading "Garments, clothing accessories and other products made of natural fur", signed on September 8, 2015 in the city of Grodno: for the Government Deputy Prime Minister of the Republic of Armenia V.V. Gabrielyan; for the Government of the Republic of Belarus - First Deputy Prime Minister of the Republic of Belarus B.S. Matyushevsky; for the Government of the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan B.A. Sagintayev; for the Government of the Kyrgyz Republic - Deputy Prime Minister of the Kyrgyz Republic V.I. Dilem; for the Government of the Russian Federation - First Deputy Prime Minister of the Russian Federation I.I. Shuvalov. 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
© 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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