On the ratification of the Agreement on the Mechanism of Traceability of Goods Imported into the Customs Territory of the Eurasian Economic Union

Home / RLA / On the ratification of the Agreement on the Mechanism of Traceability of Goods Imported into the Customs Territory of the Eurasian Economic Union

The Law of the Republic of Kazakhstan dated May 29, 2020 No. 338-VI SAM.

To ratify the Agreement on the mechanism of traceability of Goods Imported into the Customs territory of the Eurasian Economic Union, signed in Nur-Sultan on May 29, 2019.

President

Republic of Kazakhstan

K. TOKAEV

AGREEMENT on the mechanism of traceability of Goods imported into the Customs Territory of the Eurasian Economic Union

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

striving to create conditions that exclude the use of various customs and tax evasion schemes,

in order to confirm the legality of the turnover of goods when they are moved from the territory of one Member State to the territory of another Member State,

Desiring to ensure control over transactions related to the turnover of goods,

have agreed on the following:

Article 1

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

"person" means an individual, including one registered as an individual entrepreneur, a legal entity, as well as an organization that is not a legal entity.;

The "traceability mechanism" is a system that operates on the basis of the exchange of information from national traceability systems and ensures traceability in order to control the turnover of goods.;

"National traceability system" is an information system of a Member State that collects, records and stores information about traceable goods and transactions related to the turnover of such goods.;

"turnover of goods" means the release of goods subject to traceability in accordance with the customs procedure for release for domestic consumption, the sale of goods subject to traceability in the customs territory of the Eurasian Economic Union, their movement from the territory of one member State to the territory of another member state in connection with the sale and in cases determined by the Eurasian Economic Commission in accordance with paragraph 4 of Article 4 of this Agreement;

"traceability" means the organization of accounting for goods subject to traceability and transactions related to the turnover of such goods using national traceability systems in order to implement this Agreement.;

"sale of goods" is the transfer by any of the methods provided for by the legislation of the Member States of the right to own, use and dispose of goods from one person to another person.;

"retail trade" is a type of trading activity related to the purchase and sale of goods for their use in personal, family, household and other purposes not related to the implementation of entrepreneurial activities.;

"accompanying document" is an invoice or other document defined by the legislation of a Member State, information from which is included in the national traceability system.;

"goods subject to traceability" - goods in respect of which traceability is carried out in accordance with paragraph 2 of Article 2 of this Agreement.

Other concepts used in this Agreement are applied in the meanings defined by the Treaty on the Eurasian Economic Union of May 29, 2014 and international treaties within the framework of the Eurasian Economic Union (hereinafter - the Union).

Article 2

1. This Agreement defines the functioning of the traceability mechanism.

2. In accordance with this Agreement, traceability is carried out in respect of the following goods imported into the customs territory of the Union included in the list approved by the Eurasian Economic Commission (hereinafter referred to as the list, Commission).:

1) goods placed under the customs procedure of release for domestic consumption;

2) goods that have not been placed under the customs procedure of release for domestic consumption, which have been confiscated or converted into state property (income) in another way;

3) goods that have not been placed under the customs procedure of release for domestic consumption, which have been levied by court order against payment of customs duties, taxes, special, anti-dumping, countervailing duties;

4) goods detained by customs authorities in accordance with Chapter 51 of the Customs Code of the Eurasian Economic Union and not claimed in due time by persons with authority over such goods.

3. The circumstances in which the goods specified in subitems 2-4 of paragraph 2 of this Article are subject to traceability shall be determined by the legislation of the Member States.

4. The list must contain the name of the product, a 10-digit code in accordance with the unified Commodity nomenclature for foreign economic activity of the Eurasian Economic Union, as well as the quantitative unit of measurement of the product used for traceability purposes (hereinafter referred to as the quantitative unit of measurement of the product).

The Commission's decision to approve the list or to amend it, except for changes related to the exclusion of goods from the list, shall enter into force no earlier than 90 calendar days after the date of its official publication.

5. This Agreement does not apply to:

1) goods received (formed) as a result of processing operations in the customs territory of the Union or processing operations for domestic consumption (processed products, waste and residues) and placed under the customs procedure of release for domestic consumption;

2) goods made (obtained) from foreign goods placed under the customs procedure of the free customs zone, goods made (obtained) from foreign goods placed under the customs procedure of the free customs zone, and goods of the Union and placed under the customs procedure of release for domestic consumption;

3) goods made (obtained) from foreign goods placed under the customs procedure of a free warehouse, goods made (obtained) from foreign goods placed under the customs procedure of a free warehouse, and goods of the Union and placed under the customs procedure of release for internal consumption;

4) goods, the import, acquisition, transfer or alienation of which is carried out by individuals for personal, family, or other purposes not related to the conduct of entrepreneurial activity;

5) goods intended for official use by diplomatic missions and consular offices located in the customs territory of the Union, representations of States to international organizations, international organizations or their representations enjoying privileges and (or) immunities in accordance with international treaties of the Member States with a third party and international treaties concluded between the member States, other organizations or their representative offices, who enjoy privileges and immunities in the territory of a Member State in accordance with the international treaties of that Member State.

6. Traceability is not carried out in relation to:

1) goods subject to traceability sold in retail;

2) goods subject to traceability, information about which contains information classified as a state secret (state secrets) in accordance with the legislation of the Member States;

3) goods subject to traceability, in cases determined by the Commission.

7. The legislation of the Member States may define persons and (or) cases when persons have the right not to include in the national traceability system information on transactions related to the turnover of goods subject to traceability, provided that such goods are sold and (or) used in the territory of the Member State identifying such persons and (or) cases.

Article 3

1. Within the framework of the traceability mechanism, Member States shall ensure the exchange of information from national traceability systems in accordance with this Agreement.

2. The exchange of information contained in national traceability systems on goods subject to traceability and transactions related to the turnover of such goods carried out between persons of different Member States shall be carried out on a regular basis in accordance with Article 8 of this Agreement.

The exchange of information contained in national traceability systems on transactions related to the turnover of goods subject to traceability, preceding the movement of such goods from the territory of one Member State to the territory of another Member State, is carried out in accordance with Article 9 of this Agreement.

3. The exchange of information from national traceability systems is ensured using the integrated information system of the Union.

Article 4

1. The creation and operation of national traceability systems shall be carried out by the Member States in accordance with this Agreement and the legislation of the Member States in electronic form using information technology.

2. National traceability systems include information about the goods subject to traceability and transactions related to the turnover of such goods.

3. Information on goods subject to traceability that are actually located in the customs territory of the Union on the date of entry into force of the Commission's decision to approve the list (amend the list), and transactions related to the turnover of such goods, are subject to inclusion in the national traceability system within the time limits and in the manner determined by the said Commission decision.

4. Cases of inclusion in the national traceability system of information on the movement of goods subject to traceability from the territory of one Member State to the territory of another Member State not related to the sale of such goods shall be determined by the Commission. The Commission may determine the procedure for including this information in the national traceability system.

5. Information on goods subject to traceability and transactions related to the turnover of such goods shall be included in the national traceability system at least to the extent necessary for the exchange of information from national traceability systems in accordance with Articles 8 and 9 of this Agreement.

6. The national traceability system should ensure:

1) the completeness of information about the goods subject to traceability, transactions related to the turnover of such goods;

2) accounting of goods subject to traceability using quantitative units of measurement of goods provided for in the list;

3) the relationship of the accompanying document with the document on the basis of which information about the goods is included in the national traceability system (a declaration of goods, a statement on the release of goods before submitting a declaration of goods, documents shown in subparagraph 2 of paragraph 1 of Article 5 of this Agreement);

4) the relationship of the subsequent accompanying document to the previous accompanying documents:

5) the integrity of the information contained in the national traceability system;

6) end-to-end documentary identification of goods (lots of goods) subject to traceability during their turnover in accordance with the legislation of the Member States.

Article 5

1. The national traceability system includes information from:

1) declarations of goods, adjustments to the declaration of goods, applications for the release of goods prior to the filing of the declaration of goods in respect of the goods specified in subparagraph 1 of paragraph 2 of Article 2 of this Agreement);

2) documents on the basis of which, in accordance with the legislation of the Member States, the goods subject to traceability specified in subparagraphs 2-4 of paragraph 2 of Article 2 of this Agreement are included in the national traceability system.;

3) accompanying documents, including corrected accompanying documents;

4) documents confirming the resumption of traceability in accordance with paragraph 5 of Article 6 of this Agreement;

5) other documents stipulated by the legislation of the Member States and (or) international treaties and acts constituting the law of the Union;

6) National traceability systems of other Member States.

2. The documents specified in subitems 2-4 of paragraph 1 of this Article are determined by the legislation of the Member States.

The legislation of the Member States may provide for the possibility of establishing in the national traceability system mechanisms for the use of signs of identification of cases specified in paragraph 5 of Article 6 of this Agreement and changing the status of goods electronically without approving certain types of documents for these cases.

3. Information from the documents specified in subitems 1-5 of paragraph 1 of this Article shall be included in the national traceability system within the time limits determined by:

1) By the Commission - with respect to information from the documents specified in subitems 1 and 3 of paragraph 1 of this Article;

2) the legislation of the Member States - with respect to the information of the documents specified in subitems 2 and 4 of paragraph 1 of this Article;

3) the legislation of the Member States and (or) international treaties and acts constituting the law of the Union - with respect to information from the documents specified in subparagraph 5 of paragraph 1 of this Article.

4. Information from the national traceability systems of other Member States is included in the national traceability system of the Member State within the time limits determined by the Commission.

5. The persons responsible for entering information into the national traceability system are established by the legislation of the Member States.

6. The period of storage in national traceability systems of information on goods subject to traceability and transactions related to the turnover of such goods is determined by the Commission.

7. In order to ensure traceability in accordance with this Agreement, information is used, including from declarations for goods exchanged in accordance with international treaties and acts constituting the law of the Union.

Article 6

1. Traceability is terminated after 5 years from the date of inclusion in the national traceability system of information on the last transaction related to the turnover of goods subject to traceability, and if such transactions have not been carried out, - upon the expiration of 5 years from the date of receipt into the national traceability system of information from the declaration of goods or from the application for the release of goods prior to filing the declaration for goods for which such goods were placed under the customs procedure for release for domestic consumption, or from the document specified in subparagraph 2 of paragraph 1 of Article 5 of this Agreement, or the expiration of another, shorter period, determined by the Commission in respect of certain categories of goods subject to traceability.

2. Before the expiration of the period specified in paragraph 1 of this article or determined by the Commission in accordance with paragraph 1 of this article, traceability is terminated if the goods subject to traceability are excluded from the list.

3. The Commission may determine cases when, before the expiration of the period specified in paragraph 1 of this Article or determined by the Commission in accordance with paragraph 1 of this Article, traceability is terminated, and the time limits for termination of traceability in these cases.

4. The legislation of the Member States may determine the procedure and time limits for termination of traceability before the expiration of the period specified in paragraph 1 of this Article or determined by the Commission in accordance with paragraph 1 of this Article in the following cases:

1) the use of traceable goods in production, including processing, in the territory of a Member State;

2) burial, neutralization, disposal or destruction of goods subject to traceability by other means in accordance with the legislation of the Member States;

3) destruction and (or) irretrievable loss of traceable goods due to force majeure;

4) transfer of goods subject to traceability to retail trade or sale of goods subject to traceability to retail trade;

5) the actual export from the customs territory of the Union of goods subject to traceability in accordance with the customs procedure of export or the customs procedure of re-export.

5. In the case of transactions related to the turnover of goods subject to traceability, after the expiration of the period specified in paragraph 1 of this article or determined by the Commission in accordance with paragraph 1 of this article, or after the termination of traceability in the case of the transfer of goods subject to traceability to retail trade and (or) in cases determined by the Commission in accordance with By paragraph 3 of this article, traceability is resumed.

Article 7

1. Persons engaged in the turnover of goods subject to traceability are obliged to:

1) to issue accompanying documents in the form of electronic documents in accordance with the legislation of the Member States, except for the case when registration in the form of electronic documents is impossible due to malfunction of information systems caused by technical failures, disruptions in the operation of communication facilities (telecommunication networks and the Internet information and telecommunication network), power outage, as well as other cases determined by the Commission;

2) provide complete and reliable information to be included in the national traceability system in accordance with the procedure established by the legislation of the Member States.

2. For non-fulfillment or improper fulfillment of the obligations provided for in paragraph 1 of this Article, persons engaged in the turnover of goods subject to traceability shall be liable in accordance with the legislation of the Member States.

3. The legislation of the Member States establishes liability for non-fulfillment or improper fulfillment of the obligations provided for in paragraph 1 of this Article.

4. The persons specified in paragraph 1 of this article do not include persons who carry out the transportation of goods subject to traceability on the basis of a contract of carriage (freight forwarding).

Article 8

1. The Member State from whose territory the goods subject to traceability are being moved shall ensure that the information contained in its national traceability system on the goods subject to traceability and transactions related to the turnover of such goods carried out between persons of different Member States is sent to the Member State into whose territory such goods are being moved, and the Member States, through the territories of which it is planned to transport goods subject to traceability, as well as to other Member States, if this is provided for by the legislation of the State.-the member from whose territory goods subject to traceability are being moved.

2. The information referred to in paragraph 1 of this Article shall be sent no later than the date on which such information is received by the national traceability system of the Member State from whose territory the goods subject to traceability are being transported.

3. The information specified in paragraph 1 of this Article is sent electronically in the following composition (unless otherwise specified by the Commission):

1) the code of the Member State from whose territory traceable goods are being transported;

2) information about a person who transfers to another person his right to own, use and dispose of goods subject to traceability, or about a person who transports such goods from the territory of one Member State to the territory of another Member State, not related to the sale of such goods, in cases determined by the Commission in accordance with paragraph 4 of Article 4 of this Agreement:

name or surname, first name, patronymic (if any);

identification code (number): for the Republic of Armenia - taxpayer identification number, for the Republic of Belarus - payer's registration number, for the Republic of Kazakhstan - individual identification number or business identification number, for the Kyrgyz Republic and the Russian Federation - taxpayer identification number;

3) the code of the Member State into whose territory the traceable goods are being transported;

4) information about the person to whom the person referred to in subparagraph 2 of this paragraph has transferred the right to own, use and dispose of goods:

name or surname, first name, patronymic (if any);

location (place of residence);

5) registration number and date of the accompanying document;

6) the serial number of the product to be traced, in accordance with the accompanying document;

7) the name of the product to be traced, in accordance with the accompanying document;

8) the unit of measurement used in the accompanying document in relation to the goods subject to traceability (may not be sent if such a unit of measurement coincides with the quantitative unit of measurement of the goods provided for in the list);

9) the quantity of the goods subject to traceability indicated in the accompanying document in the unit of measurement used in the accompanying document (may not be sent if the quantity of the goods is indicated in the quantitative unit of measurement of the goods provided for in the list);

10) the quantitative unit of measurement of the goods subject to traceability provided by the list;

11) the quantity of the goods subject to traceability, indicated in the accompanying document, in the quantitative unit of measurement of the goods provided for in the list;

12) the registration number of the goods declaration, according to which the goods subject to traceability are placed under the customs procedure of release for domestic consumption in respect of the goods subject to traceability specified in subparagraph 1 of paragraph 2 of Article 2 of this Agreement);

13) the serial number of the goods subject to traceability, in accordance with the goods declaration (in respect of goods subject to traceability specified in subparagraph 1 of paragraph 2 of Article 2 of this Agreement);

14) information from an application for the release of goods prior to filing a declaration for goods, according to which the goods subject to traceability are placed under the customs procedure for release for domestic consumption (in respect of goods subject to traceability specified in subparagraph 1 of paragraph 2 of Article 2 of this Agreement, and if the accompanying document is interrelated with such an application for release goods before submitting the goods declaration):

Registration number;

serial number of the product to be traced;

Country of departure;

destination country;

currency;

the cost of the product to be traced;

the name of the product to be traced and its description;

the product code subject to traceability, in accordance with the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union, specified in the application for the release of goods before submitting the goods declaration;

the unit of measurement of the goods subject to traceability indicated in the statement on the release of goods before submitting the declaration for goods (may not be sent if such a unit of measurement coincides with the quantitative unit of measurement of the goods provided for in the list);

the quantity of goods subject to traceability, in the units of measurement specified in the statement on the release of goods before submitting the declaration for goods (may not be sent if the quantity of goods is indicated in the quantitative unit of measurement of goods provided for in the list);

the quantitative unit of measurement of the product subject to traceability provided by the list;

the quantity of the product to be traced, in the quantitative unit of measurement of the product provided for in the list;

gross weight of the traceable product;

the country of origin of the goods subject to traceability;

15) the name, registration number and date of the document on the basis of which, in accordance with the legislation of the Member States, the goods specified in subparagraphs 2-4 of paragraph 2 of Article 2 of this Agreement are included in the national traceability system.;

16) information about the destinations (delivery, unloading) of the goods subject to traceability, in accordance with the accompanying documents (if available);

17) date and registration number of the inventory report (if any);

18) the serial number of the goods subject to traceability, in accordance with the inventory report (if any);

19) the identification number applied to the commodity unit subject to traceability (if it is available in the national traceability system);

20) the code of the goods subject to traceability, in accordance with the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union.

4. The persons specified in subparagraph 2 of paragraph 3 of this article do not include persons who carry out the transportation of goods subject to traceability on the basis of a contract of carriage (freight forwarding).

Article 9

1. The Member State from whose territory the goods subject to traceability are being moved (moved), on the basis of a request from the authorized body of the Member State into whose territory such goods are being moved (moved), ensures the provision of information contained in the national traceability system of this Member State on transactions related to the turnover of goods subject to traceability, prior to the movement of such goods from the territory of one Member State to the territory of another Member State.

2. The procedure for sending and executing requests for information contained in national traceability systems on transactions related to the turnover of traceable goods preceding the movement of such goods from the territory of one Member State to the territory of another Member State, as well as the composition of the information provided and the timing of its provision, shall be determined by the Commission.

3. The information requested in accordance with paragraph 1 of this article shall be provided for a period not exceeding the period for storing information in national traceability systems determined by the Commission in accordance with paragraph 6 of Article 5 of this Agreement.

Article 10

1. In order to implement this Agreement, in the declaration of goods and the declaration of release of goods, prior to filing the declaration of goods, according to which the goods subject to traceability are placed under the customs procedure for release for domestic consumption, in the documents specified in subparagraph 2 of paragraph 1 of Article 5 of this Agreement and in the accompanying documents, information on quantitative units of measurement of the goods provided for in the list and the number of goods subject to traceability in such units. Such information shall be indicated in the declaration of goods and the statement of release of goods prior to filing the declaration of goods in accordance with the procedure determined by the Commission for completing the declaration of goods and the statement of release of goods prior to filing the declaration of goods, and in the documents specified in subparagraph 2 of paragraph 1 of Article 5 of this Agreement and accompanying documents - in accordance with the procedure established by the Commission. established in accordance with the legislation of the Member States.

2. The Commission may determine the specifics of traceability and (or) the functioning of the traceability mechanism for cases when the customs declaration of goods subject to traceability was carried out with the specifics defined by the Customs Code of the Eurasian Economic Union and (or) the Commission and the legislation of the member States in accordance with the Customs Code of the Eurasian Economic Union, or such goods were released before filing declarations for goods in accordance with the Customs Code of the Eurasian Economic Union.

3. When goods subject to traceability are transported from the territory of the Republic of Armenia to the territory of another Member State, the registration number and date of the accompanying document are indicated in the transit declaration.

Information on such goods shall be included in the national traceability system of the Republic of Armenia until they are transferred from the territory of the Republic of Armenia to the territory of another Member State in the composition specified in paragraph 3 of Article 8 of this Agreement and sent to the national traceability systems of other Member States in accordance with the procedure and on the terms established by this Agreement.

Information about the registration number and the date of the accompanying document shall be indicated in the transit declaration in accordance with the procedure determined by the Commission for completing the transit declaration.

Article 11

1. It is not allowed to move goods subject to traceability from the territory of one Member State to the territory of another Member State in the absence of information in the national traceability system on transactions related to such movement, except in the case when such information is not available in the national traceability system due to a malfunction of information systems caused by technical failures, violations in operation of communication facilities (telecommunication networks and the Internet information and telecommunication network), power outage, as well as other cases, determined by the Commission.

2. The Commission determines the procedure for confirming the legality of the movement of goods subject to traceability from the territory of one Member State to the territory of another Member State if there is no information in the national traceability system on transactions related to such movement due to a malfunction of information systems caused by technical failures, disruptions in the operation of communication facilities (telecommunication networks and information-telecommunication network "Internet"), power outage, as well as in other cases, as determined by the Commission in accordance with paragraph 1 of this Article, and the procedure for informing the authorized bodies of the Member States about the malfunction of information systems.

The procedure for informing persons about the malfunction of information systems is determined by the legislation of the Member States.

3. Member States shall ensure control over the turnover of goods subject to traceability in accordance with their legislation.

Article 12

1. Information on goods subject to traceability and transactions related to the turnover of such goods included in national traceability systems in accordance with this Agreement shall be used by the public authorities of the Member States, determined in accordance with the legislation of the Member States, only for the purposes of traceability in accordance with this Agreement.

The Member States shall take the necessary measures to protect against the unlawful dissemination by public authorities of the Member States of this information and ensure that the circle of persons with access to such information is limited, as well as their protection in accordance with their legislation.

2. The public authorities and (or) organizations of the Member States designated in accordance with paragraph 1 of Article 13 of this Agreement, as well as the public authorities of the Member States referred to in paragraph 1 of this Article that have access to information included in national traceability systems in accordance with this Agreement, their officials (employees) is not entitled to disclose, use for personal purposes or transfer to other persons (including government agencies of the Member states) information constituting commercial, tax, banking and other secrets protected by the legislation of the Member States, as well as other confidential information, except for the transfer of such information in accordance with this Agreement and (or) in cases established by the legislation of the Member States.

Article 13

1. The Governments of the Member States, within 120 calendar days from the date of entry into force of this Agreement, shall determine:

1) the public authority of the Member State authorized to coordinate the implementation of the traceability mechanism in accordance with this Agreement;

2) a public authority or organization of a Member State authorized to ensure the collection, recording, storage and processing of information included in the national traceability system and (or) the implementation of a traceability mechanism.

2. The Member States shall inform the Commission about them within 15 calendar days from the date of the determination of the public authorities and (or) organizations referred to in paragraph 1 of this Article.

3. The public authority of the Member State referred to in subparagraph 1 of paragraph 1 of this Article shall, within 30 calendar days from the date of its determination, inform the Commission of the name of the accompanying document, information from which is included in the national traceability system.

4. The Commission shall, within 10 calendar days from the day following the day of receipt of the information in accordance with paragraphs 2 and 3 of this Article, bring it to the attention of the Member States.

Article 14

1. The implementation of the traceability mechanism is carried out in stages.

2. At the first stage, the traceability mechanism is functioning as part of a pilot project.

3. The Member States undertake to start implementing a pilot project on the implementation of a traceability mechanism after 12 months from the date of entry into force of this Agreement, but not earlier than the 1st day of the month following the specified date.

The terms and conditions for the implementation of a pilot project to introduce a traceability mechanism are determined by the Commission.

4. From the start date of the pilot project, Member States shall ensure the functioning of national traceability systems to the extent necessary for the implementation of the traceability mechanism within the framework of the pilot project.

5. On an ongoing basis, the traceability mechanism begins to function in accordance with the decision of the Eurasian Intergovernmental Council adopted as a result of the pilot project.

The decision of the Eurasian Intergovernmental Council on the commencement of the functioning of the traceability mechanism on a permanent basis comes into force no earlier than 90 calendar days after the date of its official publication.

Article 15

1. Upon the request of any Member State, the Commission shall, within 10 calendar days, monitor the functioning of the traceability mechanism by the Member States and notify the Member States of the results of such monitoring.

The procedure for the Commission to monitor the functioning of the traceability mechanism by Member States and to notify Member States of the results of such monitoring shall be determined by the Commission.

2. If, based on the results of such monitoring, the Commission determines that one of the Member States does not ensure the functioning of the traceability mechanism, the other Member States have the right to suspend the transmission of information on a regular basis in accordance with Article 8 of this Agreement and the provision of information in accordance with Article 9 of this Agreement to such a Member State.

3. The transmission of information on a regular basis in accordance with Article 8 of this Agreement and the provision of information in accordance with Article 9 of this Agreement to a Member State that has not ensured the functioning of the traceability mechanism shall resume after the Commission confirms that such a Member State has ensured the functioning of the traceability mechanism and notifies the Member States thereof within a time period determined by the Commission.

4. After the Commission has established that a Member State has failed to ensure the functioning of the traceability mechanism for the period of suspension of the transmission of information on a regular basis in accordance with Article 8 of this Agreement and the provision of information in accordance with Article 9 of this Agreement, the Member States that have suspended the transmission (provision) of information may, in accordance with their legislation, introduce additional measures to ensure the traceability of goods, traceable, moved to their territories from the territory of a Member State, the sending (provision) of information to which has been suspended.

Compliance with such measures is a prerequisite for the movement of traceable goods into the territory of the Member State that introduced such measures.

Until the Commission determines that a Member State has failed to ensure the functioning of the traceability mechanism, other Member States shall not have the right to introduce additional measures specified in this paragraph.

Article 16

1. Member States have the right to apply, in accordance with their legislation, features in the national traceability system that are not provided for by this Agreement, but do not contradict it.

2. Member States shall have the right to use, in accordance with their legislation on their territory, a national traceability system established and functioning in accordance with this Agreement in respect of goods that are not traceable in accordance with this Agreement and whose turnover is carried out on the territory of this Member State, as well as in respect of transactions related to turnover of such goods.

Such use of the national traceability system, established and functioning in accordance with this Agreement, may not serve as a basis for the requirement to provide information on the turnover of these goods in the territories of other Member States.

3. The application of this Agreement does not prevent the functioning in the Member States of other systems for collecting, recording and storing information about goods, including those subject to traceability in accordance with this Agreement, introduced and used in the Member States, which are subject to other requirements or obligations in accordance with international treaties and acts constituting the law of the Union, and (or) the legislation of the Member States.

Article 17

1. The Commission, within 120 calendar days from the date of entry into force of this Agreement, shall determine:

1) requirements for the unique identification of the accompanying document, including the structure of its registration number;

2) the procedure for interaction between public authorities and (or) organizations of the Member States, defined in accordance with paragraph 1 of Article 13 of this Agreement, and the Commission, as well as the requirements for the structure and format of information exchanged by the said public authorities, organizations of the Member States and the Commission in order to monitor the implementation of this Agreement;

3) rules for the implementation of common processes and technological documents regulating the mechanism of traceability in implementation by means of the integrated information system of the Union.

2. If international treaties and acts constituting the law of the Union provide for the exchange and mutual recognition of electronic accompanying documents by Member States, the Commission may amend technological documents providing a traceability mechanism in order to avoid duplication of information collection and transmission processes within the Union.

Article 18

By mutual agreement of the Member States, amendments may be made to this Agreement, which are formalized in separate protocols and are an integral part of this Agreement.

Article 19

Reservations to this Agreement are not allowed.

Article 20

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 21

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

Article 22

This Agreement 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 the entry into force of this Agreement.

Done in the city of Nur-Sultan on May 29, 2019, in one original 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.

For the Republic

Armenia

For the Republic

Belarus

For the Republic

Kazakhstan

For Kyrgyz

The Republic

For the Russian

The Federation

I hereby certify that this text is a complete and authentic copy of the Agreement on the Mechanism of Traceability of Goods Imported into the Customs Territory of the Eurasian Economic Union, signed on May 29, 2019 in the city of Nur-Sultan.:

for the Republic of Armenia - by 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.Sh. Jeenbekov;

for the Russian Federation by the President of the Russian Federation V.V. 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

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases