On the ratification of the Agreement on the Procedure and Conditions for the Removal of Technical Barriers to Mutual Trade with Third Countries

Home / RLA / On the ratification of the Agreement on the Procedure and Conditions for the Removal of Technical Barriers to Mutual Trade with Third Countries

The Law of the Republic of Kazakhstan dated February 27, 2023 No. 204-VII SAM.

To ratify the Agreement on the Procedure and Conditions for Removing Technical Barriers to Mutual Trade with Third Countries, signed in Moscow on November 22, 2021.

President of the Republic of Kazakhstan

K. TOKAEV

AGREEMENT on the procedure and conditions for removing Technical Barriers to Mutual Trade with Third Countries

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

based on the provisions of the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter referred to as the Treaty),

Recognizing the need to deepen integration processes in the field of technical regulation within the framework of the Eurasian Economic Union (hereinafter referred to as the Union),

Having regard to the rules and principles established by the Agreement on Technical Barriers to Trade of the World Trade Organization, contained in annex 1A to the Agreement Establishing the World Trade Organization of April 15, 1994,

have agreed on the following:

Article 1

1. This Agreement defines the procedure and conditions for the removal of technical barriers in the mutual trade of the Member States with third countries for products subject to technical regulation of the technical regulations of the Union.

2. The removal of technical barriers to mutual trade with third countries is carried out through the conclusion of international treaties of the Union with such countries (hereinafter referred to as the international treaties of the Union), taking into account the provisions of this Agreement.

Article 2

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

"conformity assessment documents" are documents that, in accordance with the Agreement, the requirements of the technical regulations of the Union and (or) acts of the Eurasian Economic Commission or the legislation of third countries, are drawn up based on the results of the conformity assessment.;

"technical barriers to mutual trade" - differences between the requirements in the field of technical regulation, including the Union's technical regulations, standards and conformity assessment procedures applied within the Union, and the requirements in the field of technical regulation, including regulatory and technical documents regulating mandatory requirements for technical regulation facilities, standards and conformity assessment procedures in a third country. used in a third country, in relation to the same types of products, creating obstacles in the mutual trade of the Member States with third countries;

A "third country" is a State or an association of States that are not members of the Union.

Other concepts used in this Agreement are applied in the meanings defined by By agreement.

Article 3

The conclusion of international treaties of the Union is carried out taking into account the possibility of fulfilling the following conditions:

Ensuring that products put into circulation within the Union comply with the requirements established by the technical regulations of the Union, and ensuring that products put into circulation in a third country comply with the requirements established by the legislation of a third country.;

recognition of conformity assessment results based on the determination of comparability of mandatory requirements established by the technical regulations of the Union for products put into circulation within the Union and requirements established by the legislation of a third country for products put into circulation in the territory of a third country;

the presence of an accreditation body in a third country, which is designated as competent (authorized) in accordance with the legislation of a third country and carries out the accreditation of conformity assessment bodies in accordance with the requirements of international standards in the field of accreditation;

ensuring the equivalence of the procedures for accreditation of conformity assessment bodies applied in the member States and in a third country by carrying out mutual comparative assessments of these procedures by the accreditation bodies of the member States and the third country in accordance with the requirements of international standards in the field of accreditation;

ensuring the equivalence of conformity assessment procedures conducted within the Union and in a third country;

mutual recognition by the Member States and a third country of the results of the assessment of compliance of technical regulation facilities with mandatory requirements, which are received by the conformity assessment bodies authorized (appointed) by the Member States and the third country, respectively (hereinafter - mutual recognition of the results of conformity assessment).

Article 4

International treaties of the Union, as a rule, must contain:

provisions providing for the obligations of the Member States and a third country, subject to the conditions specified in Article 3 of this Agreement;

list of products (groups, types of products) for which technical barriers are being eliminated (hereinafter referred to as products for which technical barriers are being eliminated);

a list of documents that establish requirements for products for which technical barriers are being eliminated;

obligations of the Member States and a third country to exchange documents establishing requirements for products for which technical barriers are being eliminated, as well as information on changes made to these documents;

provisions on authorizing (appointing) conformity assessment bodies to carry out work on mutual recognition of conformity assessment results in accordance with the legislation of the Member States and the legislation of a third country;

provisions defining the procedure for the exchange of information on authorized (appointed) conformity assessment bodies of the Member States and a third country, as well as the obligations of the Member States and a third country to submit such information to the Eurasian Economic Commission (hereinafter referred to as the Commission);

provisions providing for the procedure for mutual recognition of conformity assessment results;

provisions providing for the procedure and deadlines for the implementation by the accreditation bodies of the Member States and a third country of mutual comparative assessments of the applied procedures for accreditation of conformity assessment bodies;

the procedure for resolving disputes related to the results of work on mutual recognition of conformity assessment results;

other provisions concerning the elimination of technical barriers to mutual trade.

Article 5

International treaties of the Union, as a rule, contain the following provisions related to the mutual recognition of conformity assessment results:

submission by the applicant to the authorized (designated) conformity assessment body of a member State or a third country of conformity assessment documents (including research (test) or measurement protocols or other documents) issued by the relevant authority of the member State or a third country;

the procedure for consideration by the authorized (appointed) conformity assessment body of a member State or a third country of the documents submitted by the applicant on conformity assessment;

adoption by the authorized (appointed) conformity assessment body of a member State or a third country of a decision on the possibility of recognizing the results of the conformity assessment;

conducting additional studies (tests) or measurements of products for which technical barriers are being eliminated in order to confirm their compliance with the requirements established by the technical regulations of the Union or the legislation of a third country, by an authorized (designated) conformity assessment body of a member State or a third country;

implementation of additional conformity assessment procedures applied within the Union and in a third country;

issuance or refusal by an authorized (designated) conformity assessment body of a member State or a third country to issue conformity assessment documents in accordance with the form established by Commission acts or legislation of a third country, based on the results of work on mutual recognition of conformity assessment results.

Article 6

The removal of technical barriers to mutual trade between the Member States and the member States of the Commonwealth of Independent States that are not members of the Union may be carried out taking into account international treaties within the Union governing the removal of technical barriers to trade with the member States of the Commonwealth of Independent States that are not members of the Union, and international treaties of the Commonwealth of Independent States that are of which all Member States are members.

Article 7

1. Mutual recognition of conformity assessment results is carried out by conformity assessment bodies authorized (appointed) by the Member States in accordance with the procedure established by the legislation of these States.

In case of termination of the powers of these bodies, the validity of the documents issued by them is determined in accordance with the legislation of the Member States.

2. The Commission shall maintain a register of authorized (appointed) conformity assessment bodies of the Member States and third countries that carry out mutual recognition of conformity assessment results. The procedure for the formation and maintenance of the specified register is established by the Commission.

3. The conformity assessment body, which is not a public authority of a member State, is allowed to carry out work on the recognition of conformity assessment results provided the following conditions are met::

a) registration of the conformity assessment body of a Member State as a legal entity in accordance with the legislation of that Member State;

b) the presence of an accreditation certificate valid for at least 2 years, issued by the accreditation body of the member State, or, if this is provided for by the legislation of the member state, the accreditation status assigned by the accreditation body of the member State;

c) the availability of products for which technical barriers are being eliminated in the field of accreditation of the conformity assessment body;

d) absence during the validity period of the certificate (status) accreditation issued (assigned) by the accreditation body of a member State, violations resulting in the release into circulation within the Union of products that do not comply with the requirements of the technical regulations of the Union, in respect of which technical barriers are being eliminated;

e) the availability of a testing facility for conducting research (testing) and measurements of products for which technical barriers are being eliminated in a conformity assessment body, or the availability of a testing facility for conducting research (testing) and measurements of products for which technical barriers are being eliminated in a testing laboratory within a legal entity, in which includes the conformity assessment body.

Article 8

1. The Member States, within 90 calendar days from the date of entry into force of this Agreement, shall submit to the Commission information on bilateral international agreements concerning products subject to technical regulation of the technical regulations of the Union concluded by the Member States with third countries prior to the date of entry into force of this Agreement, copies of these bilateral international agreements, as well as product lists, in respect of which technical barriers are being eliminated, and lists of conformity assessment bodies of Member States and third countries, carrying out work on mutual recognition of conformity assessment results.

2. The Commission shall ensure that information on the concluded international treaties of the Union and bilateral international treaties referred to in paragraph 1 of this Article is posted on the official website of the Union in the information and telecommunications network "Internet" (including information on products for which technical barriers are being eliminated and a list of authorized (designated) conformity assessment bodies of the member States and third countries).

Article 9

1. This Agreement shall not infringe upon the rights and obligations of the Member States arising from other international treaties concluded before the entry into force of this Agreement and to which they are parties, as well as from their membership in international organizations.

2. This Agreement does not prevent the Member States from concluding international agreements on the elimination of technical barriers to trade in products for which the technical regulations of the Union have not been adopted or have not entered into force, which do not contradict the purposes and principles of this Agreement.

3. 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.

4. Disputes related to the application and/or interpretation of this Agreement shall be resolved in accordance with the procedure defined by By agreement.

Article 10

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

2. 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 the entry into force of this Agreement.

Done in Moscow on November 22, 2021, 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 Procedure and Conditions for Removing Technical Barriers to Mutual Trade with Third Countries, signed on November 22, 2021 in Moscow.:

for the Republic of Armenia - Deputy Prime Minister of the Republic of Armenia Mikhail Grigoryan;

for the Republic of Belarus - Deputy Prime Minister of the Republic of Belarus I. V. Petrishenko;

for the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan - A. A. Smailov;

for the Kyrgyz Republic - First Deputy Chairman of the Cabinet of Ministers of the Kyrgyz Republic A. O. Kozhoshev;

for the Russian Federation - Deputy Chairman of the Government of the Russian Federation - A. L. Overchuk.

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

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