On the ratification of the Agreement on Trade and Economic Cooperation between the Eurasian Economic Union and its Member States, on the one hand, and the People's Republic of China, on the other hand
The Law of the Republic of Kazakhstan dated June 13, 2019 No. 259-VI SAM.
To ratify the Agreement on Trade and Economic Cooperation between the Eurasian Economic Union and its member States, on the one hand, and the People's Republic of China, on the other hand, signed in Astana on May 17, 2018.
President Republic of Kazakhstan
K. TOKAEV
Agreement on Trade and Economic Cooperation between the Eurasian Economic Union and its member States, on the one hand, and the People's Republic of China, on the other hand
THE PREAMBLE
The Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation (hereinafter referred to as the "EAEU Member States") and the Eurasian Economic Union (hereinafter referred to as the "EAEU"), on the one hand, and the People's Republic of China (hereinafter referred to as "China"), on the other hand,
RECOGNIZING the long-term friendly relations and strong economic and trade ties between the member States of the Eurasian Economic Union and China, and desiring to strengthen their joint partnership;
DESIRING to create an environment and conditions for the development of mutual trade relations and the promotion of economic cooperation between the Parties in areas of mutual interest;
RECOGNIZING the importance of economic integration in the Asia-Pacific region and Eurasia, as well as the importance of linking the Eurasian Economic Union and the Belt and Road Initiative as a tool for building strong and stable trade ties in the region;
AFFIRMING their right to regulate in order to achieve national policy objectives and preserving their opportunities to ensure public well-being;
WE have AGREED on the following:
CHAPTER 1 GENERAL PROVISIONS
Article 1.1 General provisions and definitions
For the purposes of this Agreement, unless otherwise provided:
(a) "Agreement on Agriculture" means the Agreement on Agriculture in Annex 1A to the WTO Agreement;
(b) "Agreement on Special Protective Measures" means the Agreement on Special Protective Measures in Annex 1A to the WTO Agreement;
(c) "Agreement on Anti-Dumping Measures" is an Agreement on the Application of Article VI of the 1994 General Agreement on Tariffs and Trade in Annex 1A to the WTO Agreement;
(d) "Customs Valuation Agreement" means an Agreement on the Application of Article VII of the 1994 General Agreement on Tariffs and Trade in Annex 1A to the WTO Agreement;
(e) "days" - calendar days, including weekends and holidays;
(f) The Eurasian Economic Commission is a permanent regulatory body of the EAEU, established in accordance with the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter referred to as the "EAEU Treaty");
(g) "GATT 1994" - the General Agreement on Tariffs and Trade of 1994 and its explanatory Notes in Annex 1A to the WTO Agreement;
(h) "Parties" - on the one hand, the EAEU within its competence established in accordance with the EAEU Treaty, and/or the EAEU Member States, and, on the other hand, China;
(i) "SCM Agreement" means the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement;
(j) "SPS Agreement" means the Agreement on the Application of Sanitary and Phytosanitary Measures in Annex 1A to the WTO Agreement;
(k) "TBT Agreement" means the Agreement on Technical Barriers to Trade in Annex 1A to the WTO Agreement;
(l) "TRIPS Agreement" is the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement;
(m) "WTO Agreement" - the Marrakesh Agreement establishing the World Trade Organization of April 15, 1994;
(n) "WTO" means the World Trade Organization established in accordance with the WTO Agreement.
Article 1.2 Purpose of the Agreement
The purpose of this Agreement is to create a basis for the further development of economic relations between the Parties by ensuring cooperation in the areas covered by this Agreement and facilitating interaction between the Parties on issues covered by this Agreement.
Article 1.3 Territorial application
Solely for the purposes of implementing this Agreement, this Agreement is applied throughout the customs territory of each of the Parties.
Article 1.4 Relationship to other agreements
1. The Parties confirm their rights and obligations towards each other under the WTO Agreement, as well as under bilateral agreements to which the EAEU Member State and China are parties.
2. In the event of a discrepancy between the provision of this Agreement and the provision of the WTO Agreement, this provision of the WTO Agreement will prevail in respect of such discrepancy.
3. In the event of a discrepancy referred to in paragraph 2 of this Article, the Parties shall immediately consult with a view to reaching a mutually acceptable solution.
4. If any bilateral agreement to which the EAEU Member State and China are parties is granted more favorable treatment than that provided under this Agreement in respect of issues covered by this Agreement, the provision of such more favorable treatment will prevail.
Article 1.5 Consultations
Any disputes arising in connection with this Agreement must be settled by the Parties through consultations in order to reach a mutually acceptable solution.
Article 1.6 Most-favored-nation treatment
Article I of GATT 1994 and the explanatory notes thereto, as well as any exception, exemption and temporary exemption from the obligation to provide the treatment provided for in Article I of GATT 1994, applicable in accordance with the WTO Agreement, are incorporated into this Agreement and form an integral part of it.
Article 1.7 National treatment
Article III of GATT 1994 and the explanatory notes thereto, as well as any exception, exemption and temporary exemption from the obligation to provide the treatment provided for in Article III of GATT 1994, applicable in accordance with the WTO Agreement, are incorporated into this Agreement and form an integral part of it.
Article 1.8 Payments, fees and formalities related to import and export
Articles VIII of GATT 1994 and the explanatory notes thereto, as well as any exception, exemption and temporary exemption from the obligation to provide the treatment provided for in Article VIII of GATT 1994 applicable under the WTO Agreement, are incorporated into this Agreement and form an integral part of it.
Article 1.9 General exceptions
Provided that such measures are not applied in a manner that could constitute a means of arbitrary or unjustified discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement should be interpreted as preventing a Party from taking or applying measures.:
(a) necessary to protect public morals;
(b) necessary for the protection of human, animal or plant life or health;
(c) relating to the import or export of gold or silver;
(d) necessary to ensure compliance with laws or regulations consistent with the provisions of GATT 1994, including those relating to the enforcement of customs laws, rules on monopolies in force under paragraph 4 of Articles II and XVII of GATT 1994, the protection of patents, trademarks and copyrights, and the prevention of misleading practices;
(e) related to goods produced by prisoners;
(f) adopted for the protection of national treasures of artistic, historical or archaeological value;
(g) related to the conservation of depleted natural resources, if such measures are carried out simultaneously with restrictions on domestic production or consumption;
(h) related to restrictions on exports of domestic materials necessary to provide sufficient quantities of such materials to the domestic manufacturing industry during periods when the domestic price of such materials remains at a lower level than the world price, as part of the Government's stabilization plan; provided that such restrictions do not contribute to the expansion of exports or the protection of this domestic industry and do not deviate from the provisions of GATT 1994 concerning non-discrimination;
(i) essential for the acquisition or distribution of goods that are in short supply in general or for a particular region; provided that any such measures are compatible with the principle that the Parties are entitled to a fair share in the international supply of such goods, and that any such measures incompatible with other provisions of GATT 1994 are terminated as only the conditions that caused their use have ceased to exist.
Article 1.10 Security exceptions
Nothing in this Agreement should be interpreted.:
(a) as a requirement for the Party to provide any information, the disclosure of which it considers to be contrary to the essential interests of its security; or
(b) as preventing a Party from taking such actions as it deems necessary to protect its essential security interests
(i) with respect to fissionable materials or the materials from which they are produced;
(ii) with respect to trade in arms, ammunition and military materials, as well as trade in other goods and materials that are carried out, directly or indirectly, for the purpose of supplying the armed forces;
(iii) undertaken in time of war or other extraordinary circumstances in international relations; or
(c) as preventing a Party from taking any action in fulfillment of its obligations under the Charter of the United Nations to preserve world peace and international security.
Article 1.11 Disclosure of confidential information
Nothing in this Agreement requires a Party to provide confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of individual enterprises, public or private.
CHAPTER 2 TRANSPARENCY
Article 2.1 Purpose
The purpose of this Chapter is to establish effective mechanisms and rules related to the publication and application of general measures related to matters governed by this Agreement.
Article 2.2 Publication of measures
1. Each Party shall ensure, in accordance with its laws and other regulatory legal acts, the timely publication or other public posting for free access, including in electronic form, of any of its general application measures, including information on amendments to them, and international treaties to which it is a party, which enter into force after the entry into force of by virtue of this Agreement, in all matters governed by this Agreement. Information in electronic form should, as far as possible, be posted on the official publicly accessible websites of authorized bodies, indicating the body authorized to apply and enforce such a measure. Interested parties should be provided with free, non-discriminatory access to information about such measures, including, where possible, through a free website.
2. To the extent possible, each Party shall comply with its laws and other regulatory legal acts.:
(a) publish in advance any measure referred to in paragraph 1 of this Article that is planned to be adopted; and
(b) provides stakeholders and the other Party with a reasonable opportunity to comment on such measures.
No measure of general application applied by any Party leading to an increase in the rate of duty or other import duty within the framework of established and uniform practice, or establishing new or more burdensome requirements, restrictions or prohibitions on imports, or on the transfer of payments for them, shall be applied before the official publication of such measure.
Article 2.3 Application of measures
1. Each Party shall apply uniformly, impartially and reasonably all its general application measures related to the application of this Agreement.
2. Each Party shall maintain or establish, as quickly as possible, judicial, arbitration or administrative tribunals or procedures for the purpose of, inter alia, rapid review and correction of administrative actions related to customs matters. Such tribunals or procedures should be independent of the bodies entrusted with the implementation of administrative law enforcement, and their decisions should be enforced by such bodies, and the latter are guided by these decisions in their practice, unless an appeal has been filed with a court or tribunal of a higher instance within the period established for the complaint by importers.; provided that the central office of such a body may take measures to review this issue in another proceeding if there are sufficient reasons to believe that such a decision is incompatible with established legal principles or factual circumstances.
3. The provisions of paragraph 2 of this Article do not require the cancellation or replacement of procedures in force in the territory of the Party as of the date of this Agreement, which actually ensure an objective and impartial review of administrative actions, even if such procedures are not fully or formally independent of the bodies entrusted with the implementation of administrative law enforcement. Any Party applying such procedures, upon request, shall provide the other Party with full information on such procedures so that the latter can determine whether these procedures comply with the requirements of this paragraph.
Article 2.4 Notification of measures and provision of information
1. Each Party will strive to notify the other Party of information about a measure that, in the opinion of the first Party, may significantly affect the application of this Agreement.
2. If a Party considers that a measure of general application of the other Party relating to matters governed by this Agreement may affect the application of this Agreement, such Party has the right to request the other Party to provide detailed information on such measure. The requesting Party shall provide in its request the practical reasons for such a request.
3. At the request of a Party to this Agreement, the other Party shall promptly provide the necessary information and answers to relevant questions regarding any general application measure adopted or planned. Information on request in accordance with this paragraph is provided within no more than 45 days from the date of receipt of the request in the State/official language of the Party responding to the request.
4. The information requested in accordance with paragraphs 1 and 2 of this Article shall be provided in writing in English or in the state/official language of the Party with an English translation attached for information.
5. A request for information from one Party and a corresponding response from the other Party shall be provided through the contact points of the Parties designated in accordance with Article 12.2 of this Agreement.
6. For the purposes of this Agreement, it is considered that the information was provided in accordance with paragraphs 1 and 3 of this Article if it was provided by any Party in accordance with its obligations under the WTO Agreement or if the relevant information was publicly available, including on the official website of the responsible authority on the Internet.
CHAPTER 3 TRADE PROTECTION MEASURES
Article 3.1 General provisions
The Parties shall apply anti-dumping, countervailing and special protective measures in accordance with the provisions of Article VI and Article XIX of the GATT 1994, the Agreement on Anti-Dumping Measures, the SCM Agreement and the Agreement on Special Protective Measures, respectively.
Article 3.2 Exchange of information on legislation
1. The Parties shall provide each other with applicable laws and other regulatory legal acts governing the introduction and application of anti-dumping, countervailing and special protective measures in their territories. The Parties shall inform each other of any changes in the relevant laws and other regulatory legal acts no later than 60 days from the date of entry into force of such changes.
2. The EAEU Member States are considered to have fulfilled the provisions of paragraph 1 of this Article if the relevant information has been provided to China by the EAEU.
Article 3.3 Notifications
A Party considering the possibility of launching an anti-dumping, countervailing, or special protective investigation will seek to provide the other Party with written notification of receipt of an application to initiate such an investigation no later than 15 days prior to the start of the investigation.
Article 3.4 Exchange of information
1. The Parties shall ensure the timely exchange of information in the field of the introduction and application of anti-dumping, countervailing and special protective measures, including information on the methodologies and experience of the Parties, in order to improve mutual understanding of the practice of the Parties.
2. The Parties shall ensure a regular exchange of information and opinions on the international practice of introducing and applying anti-dumping, countervailing and special protective measures, as well as on its changes.
3. Each Party may send a written request to the other Party for information on any matter covered by this Chapter. The request must contain the reasons why such a request was sent by the requesting Party. The Parties will strive to provide the requested information in writing within a reasonable period of time, but not exceeding 30 days from the date of receipt of the request. The provision of the requested information should not prevent the Parties from launching an anti-dumping, countervailing or special protective investigation and should not prevent the conduct of such an investigation.
Article 3.5 Consultations
The Parties may consult on the issues covered by this Chapter. To this end, one of the Parties provides the other Party with a written request for consultations. Consultations are conducted as soon as possible, but no later than 30 days after receiving such a written request. These consultations should not prevent the Parties from launching anti-dumping, countervailing, or special protective investigations and should not prevent such investigations from taking place.
Article 3.6 Exchange of contact information
1. The Parties shall exchange information on the names and contact details of the investigating authorities and other authorized bodies of the Parties interacting in accordance with this Chapter within 30 days from the date of entry into force of the Agreement. The Parties shall promptly inform each other of any changes concerning the investigating authorities and other authorized bodies.
2. The EAEU Member States are considered to have fulfilled the provisions of paragraph 1 of this Article if the relevant information has been provided to China by the EAEU.
Article 3.7 Non-Application of Chapter 2
Chapter 2 of this Agreement does not apply to the provisions of this Chapter.
Article 3.8 Issues related to subsidies
1. At the request of one of the Parties, the other Party shall, within a reasonable period of time, provide a notification of subsidies drawn up in accordance with Article 25.3 of the SCM Agreement. A non-WTO member Party sends a notification of subsidies, the format and content of which comply with the requirements of Article 25.3 of the SCM Agreement.
A Party may request in writing information on the nature and amount of the subsidy provided or being provided by the other Party. The requested Party shall provide such information as soon as possible and in an exhaustive manner, and should be ready to provide additional information to the requesting Party upon request.
2. If a Party has reason to believe that a subsidy provided or provided by the other Party is detrimental to its domestic industry, leads to the cancellation or reduction of benefits or a serious infringement of interests within the meaning of the SCM Agreement, such Party may request consultations with the other Party.
The consultation request must contain available evidence regarding (a) the existence and nature of the subsidy in question, and (b) damage to the domestic economy, or cancellation or reduction of benefits, or serious prejudice to the interests of the Party requesting the consultation.
3. The consultations referred to in the preceding paragraphs of this Article must be held within 60 days from the date of receipt of the request, unless the Parties agree otherwise.
4. This Article does not apply to subsidies in respect of goods specified in Annex I to the Agreement on Agriculture.
CHAPTER 4 TECHNICAL BARRIERS TO TRADE
Article 4.1 Objectives
The objectives of this Chapter are:
(a) facilitating trade in goods between the Parties by preventing and removing unnecessary barriers to trade that may arise from the development, adoption and application of standards, technical regulations and conformity assessment procedures;
(b) Strengthening cooperation between the Parties, including the exchange of information on the development, adoption and application of standards, technical regulations and conformity assessment procedures;
(c) Promoting mutual understanding of the standards, technical regulations and conformity assessment procedures of each Party;
(d) Strengthening cooperation between the Parties in the work of international bodies in the field of standardization, accreditation and conformity assessment;
(e) the effective resolution of issues within the scope of this Chapter arising in trade between the Parties.
Article 4.2 Definitions
For the purposes of this Chapter, the definitions set out in Annex I to the TBT Agreement apply.
Article 4.3 Scope of application
1. This Chapter applies to all standards, technical regulations and conformity assessment procedures of the Parties that may directly or indirectly affect trade in goods between the Parties, with the exception of:
(a) procurement specifications prepared by government agencies for the production and consumption needs of government agencies; and
(b) sanitary and phytosanitary measures as defined in Chapter 5 of this Agreement.
2. Each Party shall take such reasonable measures available to it that would ensure compliance with the provisions of this Chapter by local governmental and non-governmental bodies located within its territory and responsible for the development, adoption and application of standards, technical regulations and/or conformity assessment procedures.
Article 4.4 Incorporation of the TBT Agreement
Unless otherwise specified in this Chapter, the TBT Agreement applies between the Parties and is incorporated into this Agreement and forms an integral part of it.
Article 4.5 Transparency
1. The Parties recognize the importance of transparency in the development, adoption and application of standards, technical regulations and conformity assessment procedures.
2. If a Party sends a notification in accordance with Article 2.9 and/or Article 5.6 of the TBT Agreement, such Party:
(a) provides a period of at least 60 days for the other Party and its stakeholders to submit their comments;
(b) upon written request, provide the other Party with the text of the proposed technical regulations and conformity assessment procedures within 12 days of receipt of the request.;
(c) takes into account comments made during the comment period by the other Party or its stakeholders;
(d) upon request, provide information to the other Party on the reasons for the refusal to accept the comments referred to in subparagraph (c) of this paragraph.
3. If a Party sends a notification in accordance with Article 2.10 and/or Article 5.7 of the TBT Agreement, such Party, upon written request from the other Party, provides copies of the notified technical regulations and/or conformity assessment procedures within 5 days from the date of receipt of such request.
4. Each Party provides the other Party with a list of accredited and/or designated certification bodies and testing laboratories, as well as information on the scope of their accreditation/appointment.
5. Each Party shall provide for a reasonable period, usually of at least 6 months from the date of publication of the technical regulations until their entry into force, except in cases where urgent safety, health, environmental or national security issues arise or threaten to arise for the Parties, or when this is ineffective in achieving the legitimate objectives of such technical regulations. regulations.
6. Each Party shall ensure the immediate publication of the adopted technical regulations and conformity assessment procedures or provide access to them in such a way that interested persons of the other Party can familiarize themselves with them.
Article 4.6 Cooperation
1. Each Party, at the request of the other Party, positively considers proposals for cooperation on standards, technical regulations and conformity assessment procedures. Such cooperation should be based on mutually agreed terms and may include, but is not limited to, the following activities:
(a) Holding joint seminars to enhance mutual understanding of the standards, technical regulations and conformity assessment procedures of each Party;
(b) exchange of officials of the Parties for the purpose of professional development;
(c) exchange of information on market control (supervision) activities related to products of mutual interest under this Chapter;
(d) Scientific and technical cooperation in order to improve the quality of technical regulations;
(e) Comparative studies of the technical regulations and standards of each of the Parties;
(f) Exploring opportunities for cooperation in the fields of metrology, testing, inspection and certification;
(g) Enhanced cooperation in areas of mutual interest in the work of relevant international bodies related to the development and application of standards and conformity assessment procedures;
(h) Strengthening interaction and cooperation to improve coordination in the WTO Committee on Technical Barriers to Trade (hereinafter referred to as the WTO TBT Committee) and other relevant international or regional forums;
(i) facilitating cooperation between the authorities responsible for standards, technical regulations and conformity assessment procedures in each Party on issues of mutual interest.
2. The implementation of paragraph 1 of this Article depends on the availability of appropriate funds and on the relevant laws and other regulatory legal acts of the Parties.
3. The Parties agreed to exchange information on standards, technical regulations, and conformity assessment procedures, including testing, inspection, certification, accreditation, and metrology, with a view to expanding cooperation in these areas.
4. The Parties will strive to establish and maintain mechanisms on the basis of which the gradual convergence of their standards, technical regulations and conformity assessment procedures can be achieved, inter alia, in the following ways::
(a) Encouraging the use of accepted international instruments in these areas, including those developed within the WTO TBT Committee;
(b) strengthening the harmonization of the Parties' national standards with relevant international standards, except in cases where this is unjustified or ineffective.
5. At the request of the other Party, a Party shall consider proposals for cooperation in specific sectors or product groups within the scope of this Chapter.
6. Based on the convergence of standards, technical regulations and conformity assessment procedures for specific sectors or product groups, the Parties may consider starting negotiations on agreements to simplify trade in goods between the Parties by removing unnecessary barriers to trade.
7. In case of detention at a checkpoint across the state border of a Party of goods exported from the other Party due to the lack of necessary documents confirming the compliance of such goods with the requirements of technical regulations (technical regulations) or conformity assessment procedures, or because of the alleged non-compliance of these goods with the requirements of technical regulations (technical regulations) or conformity assessment procedures of such Party, The importer or the importer's representative (carrier) must be officially notified immediately of the reasons for such detention.
Article 4.7 Technical consultations
1. A Party may request technical consultations if, in its opinion, the relevant technical regulation or conformity assessment procedure of the other Party has created an unnecessary obstacle to its export to such other Party.
2. In order to find a mutually acceptable solution, the requested Party shall enter into technical consultations within 60 days of receipt of the request. Technical consultations may be conducted by any means mutually agreed upon by the Parties.
Article 4.8 Exchange of information
1. Unless otherwise provided in this Chapter, a Party shall respond to the request of the other Party within a reasonable period of time, which, as a rule, should not exceed 60 days.
2. The Parties will strive to the greatest extent possible to exchange information on the issues covered by this Chapter in English.
Article 4.9 Contact points
1. The Parties shall designate a contact point or contact points responsible for coordinating the application of this Chapter.
The functions of such contact points include:
(a) cooperation between the Parties in accordance with Article 4.5 of this Agreement;
(b) Exchange of information within the scope of this Chapter;
(c) Sending and receiving requests for cooperation within the scope of this Chapter and providing appropriate responses;
(d) sending and receiving requests for consultations in accordance with Article 4.7 of this Chapter and providing appropriate responses.
2. Each Party provides the other Party with information about the designated contact point or contact points, including contact information such as the name(s) of the contact person(s), telephone number(s), fax number(s), and email address(s).
3. Each Party shall promptly notify the other Party of any changes related to its contact point(s), as well as any changes to the data of the relevant contact person(s).
CHAPTER 5 SANITARY AND PHYTOSANITARY MEASURES
Article 5.1 Objectives
The objectives of this Chapter are:
(a) strengthening cooperation in order to minimize the negative impact of sanitary and phytosanitary measures on the trade of the Parties, while protecting the life or health of people, animals or plants in the territories of the Parties and recognizing the right of the Parties to introduce and apply sanitary and phytosanitary measures consistent with their international obligations;
(b) improving mutual understanding of the regulatory systems of the Parties in the field of sanitary and phytosanitary measures;
(c) Increasing the transparency of sanitary and phytosanitary measures and regulatory systems of the Parties; and
(d) Strengthening cooperation between the competent authorities of the Parties in the field of sanitary and phytosanitary measures.
Article 5.2 Scope of application
This Chapter applies to all sanitary and phytosanitary measures of the Parties that may directly or indirectly affect trade in goods between the Parties.
Article 5.3 Definitions
For the purposes of this Chapter, the definitions set out in Annex A to the SPS Agreement apply.
Article 5.4 Incorporation of the SPS Agreement
Unless otherwise specified in this Chapter, the SPS Agreement applies between the Parties and is incorporated into this Agreement and forms an integral part of it.
Article 5.5 Information exchange and transparency
1. The Parties recognize the importance of ensuring transparency in the development and application of sanitary and phytosanitary measures, inter alia, through the timely exchange of information on their respective sanitary and phytosanitary measures.
2. If a Party sends a notification in accordance with paragraph 5 (b) or paragraph 6 (a) of Annex B to the SPS Agreement, such a Party, upon request, provides copies of the measures being developed to the requesting Party.
3. Each Party shall provide a period of at least 60 days for the other Party to submit comments on the sanitary and phytosanitary measures being developed, except in cases of occurrence or threat of urgent problems related to the protection of health.
4. Each Party takes into account the comments of the other Party and strives to provide answers to them upon request.
5. If goods exported from the other Party are detained at a checkpoint across the state border due to an identified violation of sanitary or phytosanitary requirements, the reasons for the detention must be submitted in writing to the importer or the importer's representative (carrier).
6. Each Party will strive, upon receiving a written request from the other Party, to provide timely information related to any issue related to sanitary and phytosanitary measures that has arisen or may arise in mutual trade between the Parties.
7. The Parties will strive to exchange information in English.
Article 5.6 Cooperation
1. The Parties have agreed to cooperate in order to facilitate the implementation of this Chapter and improve mutual understanding of the relevant systems. Such cooperation should be based on mutually agreed terms and conditions and may include, but is not limited to, the following activities:
(a) Exchange of information concerning sanitary and phytosanitary measures within the scope of this Chapter;
(b) Strengthening cooperation, communication and coordination between the competent authorities of the Parties dealing with food safety, human, animal or plant life and health issues within the framework of relevant international organizations, including the International Plant Protection Convention, the Codex Alimentarius Commission and the World Organization for Animal Health;
(c) Develop training programmes for the exchange of experience between competent authorities in order to enhance mutual understanding of the measures applied by the Parties to ensure food safety and prevent the spread of animal diseases and pests;
(d) Cooperation on issues related to adaptation to regional conditions, including the recognition of disease- or pest-free zones and areas with low prevalence of diseases or pests in the territories of the Parties;
(e) Support the exchange of experiences related, inter alia, to laboratory research technologies, disease and pest control methods, and risk analysis methodologies; and
(f) to enhance interaction and information exchange between the information centers of the Parties on sanitary and phytosanitary measures specifically designated in accordance with the WTO Agreement.
2. The parties may reach additional agreements aimed at further developing cooperation on the development and application of sanitary and phytosanitary measures.
Article 5.7 Technical consultations
1. A Party may request technical consultations if, in its opinion, a sanitary or phytosanitary measure of the other Party has created a hidden restriction on its exports to the other Party.
2. In order to find a mutually acceptable solution, the requested Party shall enter into technical consultations within a period not exceeding 60 days from the date of receipt of the request. Technical consultations may be conducted by any means mutually agreed upon by the Parties.
Article 5.8 Contact points
1. Each Party shall designate a contact point or contact points responsible for coordinating the application of this Chapter on behalf of that Party.
The functions of such contact points include:
(a) Cooperation in accordance with Article 5.5 of this Chapter;
(b) receiving and sending requests for consultations in accordance with Article 5.7 of this Chapter;
(c) Receiving and submitting requests for cooperation under this Chapter and providing appropriate responses.
2. Each Party provides the other Party with information about the designated contact point or contact points, including contact information such as the name(s) of the contact person(s), telephone number(s), fax number(s), and email address(s).
3. Each Party shall promptly notify the other Party of any changes in its contact points or any changes in the contact details of the relevant contact person(s).
CHAPTER 6 CUSTOMS COOPERATION AND TRADE FACILITATION
Article 6.1 Definitions
For the purposes of this Chapter:
(a) "preliminary decision" means a written decision issued by a Party to the applicant prior to the importation of the goods indicated in the application, which describes the treatment that such Party will provide to the goods at the time of importation with respect to the tariff classification of the goods and the origin of the goods;
(b) "Customs legislation" means customs legislation within the meaning of the International Convention on the Simplification and Harmonization of Customs Procedures (Revised Kyoto Convention);
(c) "processing in the customs territory" means a customs procedure according to which certain goods may be imported into the customs territory of a Party with conditional exemption, in whole or in part, from payment of import customs duties and taxes, or according to which the amounts of import customs duties paid may be refunded in respect of such goods., based on the fact that such goods are intended for production, processing or repair and subsequent export;
(d) "vehicles" means various types of vessels, land vehicles, including railway vehicles, aircraft entering or leaving the territory of a Party and carrying people and/or goods.
Article 6.2 Scope and objectives
1. This Chapter applies to customs operations and other issues of customs regulation related to trade in goods between the Parties and related movement of vehicles between the Parties.
2. The objectives of this Chapter are:
(a) simplification of customs operations of the Parties;
(b) simplification of trade procedures between the Parties, including by speeding up the release and customs clearance of goods in such a way as to speed up their cross-border movement and reduce the associated costs incurred by participants in the Parties' foreign trade activities;
(c) Increasing the transparency and predictability of customs operations of the Parties; and
(d) Facilitating Customs cooperation within the scope of this Chapter.
Article 6.3 Simplification
1. Each Party shall apply uniformly, impartially and reasonably its laws and other acts of general application relating to the issues covered by this Chapter in order to ensure more predictable, consistent and transparent customs regulation.
2. The Parties shall use effective customs procedures to reduce costs and unjustified delays in trade between them, based, where possible, on international standards, in particular the standards and recommended practices of the World Customs Organization.
3. The Parties will strive to periodically review their customs operations with a view to facilitating them in order to simplify trade between the Parties.
4. The Parties will strive to limit customs control measures, formalities and the number of required documents in the trade of goods between the Parties solely necessary and intended to ensure compliance with legally relevant requirements, thereby simplifying the relevant procedures as much as possible.
5. The Parties, on the basis of conditions agreed between them, may mutually recognize the means of identification used and the documents required by the Parties for the purpose of controlling the transit of goods and vehicles.
Article 6.4 Determination of customs value
The Parties shall determine the customs value of goods traded between the Parties in accordance with the relevant provisions of the WTO Agreement, including the Agreement on Customs Valuation.
Article 6.5 Classification of goods
With respect to goods traded between the Parties, the Parties apply commodity nomenclatures based on the latest version of the Harmonized System contained in the International Convention on the Harmonized Commodity Description and Coding System of June 24, 1986 (hereinafter referred to as the "Harmonized System").
Article 6.6 Risk management
1. Each Party establishes or maintains a risk management system for customs control purposes.
2. Each Party forms and applies a risk management system in such a way as to avoid arbitrary or unjustified discrimination or hidden restrictions on international trade.
3. Each Party shall focus Customs control and, to the extent possible, other appropriate border controls on high-risk goods and accelerate the release of low-risk goods. A Party may, as part of its risk management system, randomly select batches to undergo these types of controls.
4. Each Party bases its risk management system on risk assessment based on appropriate selection criteria. Such selection criteria may include, but are not limited to, the code of the Harmonized System, the nature and description of the goods, their country of origin, the country from which the goods were shipped, the cost of the goods, information on compliance by traders with legal requirements, as well as the type of vehicle.
5. For the purposes of this Article, the Parties will strive to facilitate the submission to the Customs authorities of preliminary information on the transported goods and vehicles.
Article 6.7 Temporary importation of goods and processing in the customs territory
1. Each Party shall allow, in accordance with its customs legislation, the import of goods into its customs territory with conditional exemption, in whole or in part, from payment of import customs duties and taxes, if such goods are imported into the customs territory for special purposes, intended for re-export for a certain period of time and have not undergone any changes, except for natural wear and tear. and decreased due to their use.
2. Each Party shall allow, in accordance with its customs legislation, the processing of goods in the customs territory.
Article 6.8 Perishable goods
1. The Parties will strive to ensure expedited customs clearance in respect of perishable goods, subject to compliance with all requirements of the laws and other regulatory legal acts of the importing Party.
2. In order to prevent damage or spoilage of perishable goods, which could have been avoided, and provided that all legal requirements are met, each Party ensures the release of perishable goods.:
(a) under normal circumstances, as soon as possible; and
(b) in exceptional cases, if possible, during the non-business hours of customs and other relevant authorities.
3. Each Party will give appropriate priority to perishable goods when determining the order of any necessary inspections.
Article 6.9 Release of goods
1. For the purpose of facilitating trade between the Parties, each Party adopts or maintains simplified customs procedures providing for the efficient release of goods without undue delays. For the purposes of clarification, this paragraph does not require a Party to release goods if such Party's release requirements have not been met.
2. In accordance with paragraph 1 of this Article, each Party shall establish or maintain procedures that:
(a) ensure that the goods are released as soon as possible after arrival, provided that all other legal requirements have been met;
(b) in order to accelerate the release of goods, ensure, to the extent possible, that information is provided electronically in advance and processed prior to the physical arrival of the goods; and
(c) may allow importers to release the goods until all the import requirements of that Party have been met, provided that the importer provides sufficient and effective guarantees, and it is decided that additional checks, physical inspection, or any other presentation of the goods is not required.
3. Each Party shall ensure the release of goods within a period of time not exceeding that necessary to ensure compliance with its customs legislation.
Article 6.10 Customs cooperation
1. The Customs authorities of the Parties will strive to exchange experience on issues related to the application of this Chapter, to the extent permitted by laws and other regulatory legal acts of the Parties.
2. In order to develop customs cooperation in the part covered by this Chapter, and taking into account the existing bilateral agreements of the EAEU member States and China on customs issues, the Parties may develop agreements on procedures for requesting mutual assistance.
Article 6.11 Requirements for accompanying documents
1. Each Party will strive to accept paper or electronic copies of the accompanying documents required for the import of goods.
2. The importing Party does not require the submission of the original or a copy of the export declaration submitted to the customs authorities of the exporting Party as a prerequisite for the release of goods.
Article 6.12 Notification of the data of the certifying authorities
Each Party shall provide the other Party, through the General Customs Administration of the People's Republic of China and the Eurasian Economic Commission, respectively, with information on the names and addresses of the authorities of the Parties authorized to issue non-preferential certificates of origin, as well as on the names and addresses of the authorities of the Parties verifying non-preferential certificates of origin. In the event of a change in such information, the Parties shall inform each other of such changes as soon as possible.
Article 6.13 Customs representatives (brokers)
1. The Parties shall ensure transparency of their laws and other regulatory legal acts concerning customs representatives (brokers).
2. The Parties do not require the mandatory use of the services of customs representatives (brokers) during the customs declaration of goods.
Article 6.14 Application of information technologies
1. Each Party applies information technology for customs operations when it is economically feasible and beneficial for the Parties and for trade, in particular through the use of paperless technologies, taking into account the developments of relevant international organizations, including the World Customs Organization, in this field.
2. The customs authorities of the Parties shall provide declarants with the opportunity to declare goods electronically.
Article 6.15 Single window
1. In accordance with their international obligations, the Parties will strive to develop and implement national single Window mechanisms in accordance with international standards and best practices for trade facilitation and modernization of customs technologies and practices.
2. The Parties will strive to ensure interoperability between national single window mechanisms, which will create conditions for mutual recognition of electronic documents and information necessary for foreign trade activities and the results of customs control within the framework of integrated border management. For these purposes, the Parties will strive to form an organizational, legal and technical framework that allows for information interaction between national single window mechanisms.
3. Information interaction between national single Window mechanisms should be based on the use of the existing technical infrastructure of the EAEU Integrated Information System and the platform infrastructure of the Central Electronic Port of the People's Republic of China.
Article 6.16 Coordinated border management
The Parties shall ensure that their authorities and institutions responsible for border controls and procedures related to the import, export and transit of goods cooperate with each other and coordinate their activities in order to simplify trade procedures.
Article 6.17 Mutual recognition of authorized economic operators
Each Party will seek to establish an Authorized Economic Operator (AEO) program and may begin negotiations on mutual recognition of AEO.
Article 6.18 Development of customs infrastructure
The Parties will strive to work together to further develop and modernize the customs infrastructure, including technical means of customs control, engineering, information technology, telecommunications systems and auxiliary equipment used at adjacent checkpoints, taking into account the workload of the relevant checkpoints.
Article 6.19 Preliminary decisions
1. Each Party, within a reasonable, time-limited period, issues a preliminary decision to the applicant, who has submitted a written request containing all the necessary information.
If a Party refuses to issue a preliminary decision, it shall immediately notify the applicant in writing, stating the relevant facts and grounds for making such a decision.
2. The Party may refuse to issue a preliminary decision to the applicant if the issue raised in the application is:
(a) the applicant is already under consideration by any government agency, appellate body or court; or
(b) has already been reviewed by any appellate body or court.
3. The preliminary decision must be valid for a reasonable period of time after its issuance, if the laws, facts or circumstances related to this decision have not changed.
4. If a Party withdraws, modifies or invalidates a preliminary decision, it shall notify the applicant in writing stating the relevant facts and grounds for making such a decision. When a Party retroactively revokes, modifies, or invalidates a preliminary decision, it may do so only if the preliminary decision was based on incomplete, incorrect, unreliable, or misleading information.
5. A preliminary decision issued by a Party must be binding on that Party in respect of the applicant who applied for such a decision. The Party may provide for the binding nature of the preliminary decision for the applicant.
6. Each Party shall publish at least:
(a) the requirements for the application for a preliminary decision, including the information to be provided and the format;
(b) the period of time during which it issues a preliminary decision; and
(c) the period of time during which the preliminary decision is valid.
7. Each Party shall, upon the written request of the applicant, review the preliminary decision or the decision to revoke, amend or invalidate the preliminary decision.
8. Each Party will strive to make publicly available any information on preliminary decisions that, in its opinion, is of significant interest to other interested parties, taking into account the need to protect confidential commercial information.
Article 6.20 Information exchange
1. In order to speed up and improve the effectiveness of customs control, as well as simplify legal trade procedures, the Parties may consider concluding an agreement on electronic information exchange on goods and vehicles transported across the customs border of the EAEU and China (hereinafter referred to as the "Agreement on Electronic Information Exchange").
2. The Parties will strive to reach consensus on the data elements to be exchanged, followed by the conclusion of an Agreement on Electronic Information Exchange as soon as possible.
3. On the part of the EAEU, the Eurasian Economic Commission is responsible for coordinating the establishment and promotion of information exchange.
Article 6.21 Information centers
1. Each Party will appoint one or more information centers in order to receive requests from interested parties on customs regulation issues, as well as ensure that information on the procedure for sending relevant requests is available on the Internet.
2. The parties will send each other information about the designated information centers.
Article 6.22 Review and appeal
Each Party, in accordance with its laws and other regulatory legal acts, shall ensure that the importer, exporter or any other person affected by an administrative decision on a customs issue has access to:
(a) administrative review of decisions by a Customs authority that is superior or independent of the official or agency that made the relevant decision; and
(b) judicial review of decisions in accordance with its laws and other regulatory legal acts.
Article 6.23 Consultations
1. Each Party may at any time request consultations with the other Party on any matter arising in connection with the application of this Chapter, in cases where there are facts or reasonable grounds provided by the requesting Party.
2. Consultations are conducted through the appropriate contact points established in accordance with Article 12.2 of this Agreement, within 60 days from the date of receipt of the request or during any other time period established by mutual agreement of the Parties.
3. If the issue under consideration cannot be resolved through such consultations, the requesting Party may refer the matter to the Subcommittee referred to in Article 6.24 of this Chapter of the Agreement.
Article 6.24 Subcommittee on Customs Cooperation and trade facilitation
1. In order to effectively implement this Chapter, a Subcommittee on Customs Cooperation and Trade Facilitation is hereby established within the framework of the Joint Commission (hereinafter referred to as the "MCTT Subcommittee").
2. The TSUPT Subcommittee performs the following functions:
(a) ensure the proper implementation of this Chapter and resolution of all issues arising from its application;
(b) monitor the implementation of this Chapter in order to identify areas related to this Chapter that can be improved for the purpose of facilitating trade between the Parties;
(c) exchange information for the purpose of strengthening cooperation between the Parties on the strategic development of customs regulation of each Party; and
(d) prepares recommendations and reports to the Joint Commission.
3. The TSUPT Subcommittee consists of representatives of the customs authorities and the relevant authorities of the Parties. By mutual agreement of the Parties, the TSUPT Subcommittee may invite relevant experts to participate in the discussion.
4. The time and place of the meetings of the TSUPT Subcommittee are determined by agreement of the Parties.
CHAPTER 7 INTELLECTUAL PROPERTY
Article 7.1 Objectives
The Parties recognize the importance of protecting and protecting intellectual property rights in order to stimulate scientific research, development and creative activities aimed at promoting economic and social development, as well as the dissemination of knowledge and technology. The Parties also recognize the need to ensure a balance between the legitimate interests of copyright holders and society as a whole.
Article 7.2 Definitions
For the purposes of this Chapter:
(a) "intellectual property" means all types of intellectual property objects mentioned in Articles from Article 7.1 to Article 7.27 of this Agreement;
(b) "persons" - natural or legal persons who have permanent residence, or a valid and operating industrial or commercial enterprise within the customs territories of the Parties;
(c) "WIPO" is the World Intellectual Property Organization established in accordance with the Convention Establishing the World Intellectual Property Organization of July 14, 1967.
Article 7.3 International agreements
1. The Parties that are parties to the TRIPS Agreement confirm their obligations established by the TRIPS Agreement. The Parties that are not parties to the TRIPS Agreement follow the principles of the TRIPS Agreement. The Parties confirm their obligations established in existing international treaties in the field of intellectual property rights to which they are parties, including the following:
(a) The Paris Convention for the Protection of Industrial Property of March 20, 1883, as amended by the Stockholm Act of 1967 (hereinafter referred to as the "Paris Convention");
(b) The Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, as amended by the Paris Act of 1971 (hereinafter referred to as the "Berne Convention");
(c) Convention for the Protection of Producers of Phonograms against the Unlawful Reproduction of Their Phonograms of October 29, 1971;
(d) The WIPO Copyright Treaty of December 20, 1996 (hereinafter referred to as the "WPA");
(e) The WIPO Performances and Phonograms Treaty of December 20, 1996 (hereinafter referred to as the "DIF");
(f) The Madrid Agreement on the International Registration of Marks of April 14, 1891 and the Protocol to the Madrid Agreement on the International Registration of Marks of June 28, 1989;
(g) The Patent Cooperation Treaty of June 19, 1970, as amended by the Washington Act of 2001; and
(h) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure dated April 28, 1977.
2. The Parties recognize the principles set out in the Doha Declaration on the TRIPS Agreement and Public Health, adopted on November 14, 2001 at the WTO Ministerial Conference.
Article 7.4 National treatment
Each Party shall provide persons of the other Party with a regime no less favourable than that granted by it to its own persons with respect to the protection of intellectual property rights, subject to the provisions and exceptions provided for in Articles 3 and 5 of the TRIPS Agreement.
Article 7.5 Most-favored-nation treatment
Each Party shall provide persons of the other Party with a regime no less favourable than that provided by it to persons of any other State with respect to the protection of intellectual property rights, as provided for in the TRIPS Agreement.
Article 7.6 Copyright and related rights
Without prejudice to the obligations set out in international agreements to which the Parties are parties, each Party, in accordance with its laws and other regulatory legal acts, guarantees and ensures adequate and effective protection and protection of the rights of authors, performers, producers of phonograms and broadcasting organizations in respect of their works, performances, phonograms and broadcasts of broadcasting organizations. broadcasting, respectively.
Article 7.7 Technical means of protecting copyright and related rights1
1. Each Party shall provide adequate legal protection and effective remedies against circumvention of effective technical measures used by authors, performers or producers of phonograms in connection with the exercise of their rights.
2. Each Party shall establish in its laws and other regulatory legal acts legal prohibitions on the deliberate manufacture, import, or public release of any technology, any technical devices or their components, primarily used to circumvent or sabotage technical measures used in relation to works, performances, or phonograms.
3. Any exceptions relating to this Article may be applied only if they are permitted by laws and other regulatory legal acts, and only to the extent that they do not impede legal protection or reduce the effectiveness of legal remedies against circumvention of technical measures.
_____________________ 1 For the purposes of this Article, "technical means of protection" means any technology, technical devices or their components that control access to works, performances and phonograms used by authors, performers or producers of phonograms and restrict actions with respect to their works, performances or phonograms that are not authorized by the copyright holders or are not permitted by law.
Article 7.8 Information on rights management
Each Party shall provide adequate and effective legal remedies against any person who intentionally performs any action provided for in accordance with Article 12 of the DAP and Article 19 of the DIF, knowing or, in the case of the use of civil remedies, having reasonable grounds to know that such action will encourage, allow, simplify or conceal a violation of any right governed by the Berne Convention, the DAP or the DIF.
Article 7.9 Trademarks
1. Each Party ensures adequate and effective legal protection of trademarks in respect of goods and services in accordance with its laws and other regulatory legal acts and international agreements to which it is a party and the TRIPS Agreement, in particular articles 15-21.
2. The exclusive right to a trademark may be exercised for the individualization of goods or services in respect of which the trademark is registered, in particular, by placing the trademark:
(a) on goods, including labels, packages of goods that are manufactured, offered for sale, sold, or otherwise put into civil circulation in the territory where the trademark is registered, or stored or transported for this purpose, or imported into the territories of the Parties where the trademark is registered;
(b) when displayed at exhibitions and fairs in the territories of the Parties where the trademark is registered;
(c) when providing services;
(d) on documentation related to the introduction of goods into civil circulation;
(e) in offers for the sale of goods, for the provision of services, as well as in advertisements, on signage and in advertisements; and
(f) on the Internet, and with other addressing methods.
3. With regard to trademarks, each Party shall provide for legal measures allowing interested parties of the other Party to prevent the use, without the permission of the rightholder, of designations identical or confusingly similar to his trademark in respect of goods for which the trademark is registered, or similar goods, if such use would result in confusion.
Article 7.10 Well-known trademarks
1. Neither Party may require, as a condition for the recognition of a trademark as generally known, that this trademark be registered in the territory of the Party or in another jurisdiction.
2. The Parties shall ensure the protection of well-known trademarks at least in accordance with articles 16.2 and 16.3 of the TRIPS Agreement and Article 6bis of the Paris Convention.
Article 7.11 Registration of trademarks
1. Each Party provides a trademark registration system that includes:
(a) the requirement to provide the applicant with written information on the reasons for refusal to register the trademark. Such written communications may be provided electronically.;
(b) the requirement that decisions on contesting procedures must be reasoned and issued in writing. Such written decisions may be provided electronically; and
(c) the possibility for interested persons to apply for termination or cancellation of trademark registration after its registration.
2. Each Party will strive to provide:
(a) access to the electronic filing, processing, registration and maintenance of trademarks; and
(b) open access to electronic databases, including online databases on trademark applications and registered trademarks.
Article 7.12 Geographical indications and names of places of origin of goods
Each Party shall ensure adequate and effective legal protection of geographical indications/appellations of origin in its territory in accordance with its legislation and the TRIPS Agreement, in particular articles 22 and 23.2
Both Sides will continue to discuss and develop further cooperation on the above-mentioned issue.
_______________________ 2 As a clarification, the names of the places of origin of goods of the EAEU and the EAEU member States may be protected in China as geographical indications.
Article 7.13 Patentability
1. In accordance with the provisions of paragraphs 2 and 3 of this Article, a patent may be granted in respect of any invention, both in the form of a product and in the form of a method, in any technological field, provided that it is new, has an inventive step and is industrially applicable.
2. Each Party may exclude from the field of patentable inventions, the commercial use of which must be prevented within their territories for the protection of public order or morals, including the protection of human, animal or plant life or health, or to avoid serious damage to the environment, provided that such an exception is not made solely because the use of prohibited by their laws and other regulatory legal acts.
3. Each of the Parties may also exclude from the field of patentable:
(a) diagnostic, therapeutic and surgical treatments for humans or animals; and
(b) plants and animals other than microorganisms, as well as essentially biological methods of growing plants or animals other than non-biological and microbiological processes.
4. Each of the Parties ensures that any patent application is not rejected solely on the grounds that the subject matter of the application includes a computer program. Patent applications for inventions related to computer programs that form a technical solution may be included in a patentable subject in accordance with the laws and other regulatory legal acts of such a Party.
Article 7.14 Compulsory licensing
Nothing in this Chapter affects the right of each Party to grant compulsory licenses in accordance with Articles 31 and 3Ibis of the TRIPS Agreement.
Article 7.15 Inventions and utility models
1. Each Party shall provide adequate and effective legal protection in respect of inventions in accordance with its laws and other regulatory legal acts, international treaties to which it is a party, and the TRIPS Agreement, in particular articles 27 to 34.
2. Each Party provides adequate and effective legal protection in respect of utility models in accordance with its laws and other regulatory legal acts and international treaties to which it is a party.
Article 7.16 Industrial designs
Each Party ensures adequate and effective legal protection of industrial designs in accordance with its laws and other regulatory legal acts, international agreements to which it is a party, and the TRIPS Agreement, in particular articles 25 and 26.
Article 7.17 Graphical user interface
Each Party ensures the protection of the graphical user interface as an industrial design in accordance with its laws and other regulatory legal acts.
Article 7.18 Electronic patent application
Each Party will strive to ensure that patent applications can be filed electronically.
Article 7.19 Topology of integrated circuits
Each Party provides adequate and effective legal protection for integrated circuit topologies in accordance with its laws and other regulatory legal acts, international agreements to which it is a party, and the TRIPS Agreement, in particular articles 35-38.
Article 7.20 Genetic resources, traditional knowledge and folklore
1. The Parties recognize the contribution of genetic resources, traditional knowledge and folklore to scientific, cultural and economic development.
2. Taking into account the international obligations of each of the Parties and their laws and other regulatory legal acts, the Parties may take appropriate measures to protect genetic resources, traditional knowledge and folklore.
3. The Parties agreed to continue discussing relevant issues related to genetic resources, traditional knowledge and folklore, taking into account future changes in their respective legislation and international agreements.
Article 7.21 New plant varieties
1. The Parties shall provide adequate and effective protection for breeders of new plant varieties at least at a level similar to the level of protection provided in accordance with the International Convention for the Protection of New Plant Varieties as of October 23, 1978.
2. The breeder's permission is required at least to perform the following actions in relation to the planting material of the protected variety:
(a) production or reproduction for commercial purposes;
(b) bringing it to seed conditions for breeding for commercial purposes;
(c) Offer for sale;
(d) sales or other types of sales; and
(e) Import or export.
Article 7.22 Protection against unfair competition
Each Party ensures protection against unfair competition in accordance with its laws and other regulatory legal acts and article 10bis of the Paris Convention.
Article 7. 23 Documents and information required for registration of intellectual property objects
The Parties shall provide access to documents and information necessary for the registration of intellectual property objects in accordance with their laws and other regulatory legal acts.
Article 7.24 Enforcement of intellectual property rights
1. The Parties shall ensure the observance of intellectual property rights in accordance with their laws and other regulatory legal acts and international agreements to which they are parties.
2. The Parties provide the right holders with the opportunity to apply to civil, administrative and judicial procedures to ensure compliance with intellectual property rights.
3. The Parties will strive to ensure that intellectual property rights are respected in the digital environment.
4. The Parties shall cooperate with each other in order to strengthen the observance of intellectual property rights, in particular, copyrights and related rights, trademarks, inventions, utility models and industrial designs.
Article 7.25 Measures of customs regulation
1. Each Party ensures the effective application of customs regulation measures in accordance with its laws and other regulatory legal acts and international agreements to which it is a party in relation to goods with illegally used trademarks 3 and goods manufactured in violation of copyrights4.
2. Each Party guarantees that the requirements to the copyright holder necessary to initiate the procedure for suspending the release of goods in respect of which there is reason to believe that they contain illegally used trademarks or are produced in violation of copyrights do not unreasonably prevent access to these procedures.
3. Each Party, unless otherwise provided by this Agreement, shall establish procedures allowing the copyright holder, who has reasonable suspicions that goods with illegally used trademarks or manufactured in violation of copyrights are being imported or exported, to file an application with the customs authorities demanding the application of measures to protect intellectual property rights, provided that the import or export of goods with illegally used trademarks or manufactured in violation of copyrights The export of these goods violates intellectual property rights in accordance with the laws and other regulatory legal acts of the country., where the goods were found.
___________________
3 For the purposes of this Article, "goods with unlawfully used trademarks" means any goods, including their packaging, marked without permission with a trademark that is identical to a trademark lawfully registered for such goods, or which cannot substantially differ from a similar trademark and which therefore violates the rights of the trademark owner. in accordance with the laws and other regulatory legal acts of the importing country.
4 For the purposes of this Article, "goods produced in violation of copyright" means any goods that are copies created without the consent of the copyright holder or a person duly authorized by him in the country of manufacture of the goods, and which are directly or indirectly made from any product, if the creation of the said copy was a violation of copyright. or related rights in accordance with the laws and other regulatory legal acts of the importing country.
4. Each Party shall ensure that the data is provided to the rightholder by the competent authorities, at least in terms of names and other additional information that makes it possible to identify the declarant of the relevant product. Each Party shall ensure that the competent authorities provide data to at least the declarant of the detained goods in terms of names and other additional information that allows identifying the rightholder.
5. The Parties may exclude from the scope of this Article the import or export of goods of a non-commercial nature.
6. The Parties shall cooperate with each other in order to develop relations between their customs authorities in order to strengthen the protection of intellectual property rights at the border.
7. Each of the Parties defines contact points for the exchange of information on trade in goods infringing intellectual property rights. The Parties, in particular, promote the exchange of information and cooperation between their customs authorities.
Article 7.26 Intellectual property and innovation
1. The Parties will strive to deepen mutual cooperation on the subject of this Chapter through the exchange of information between relevant authorized bodies or other interested institutions, the organization of meetings, specialized seminars, the creation of joint projects in the field of science, technology and innovation. Cooperation on this issue is carried out through a Joint Commission.
2. The cooperation referred to in this Article includes, but is not limited to, the following areas::
(a) Exchange of information on the intellectual property policies of the relevant authorities in the field of innovation;
(b) Training courses and joint programmes;
(c) Dissemination of scientific and technical knowledge; and
(d) Other matters agreed upon by the Parties.
Article 7.27 Authorized bodies, contact points and information exchange
1. The Parties shall identify bodies acting as contact points for the purpose of carrying out analysis and monitoring the application of this Chapter.
2. At the request of one of the Parties, including, in addition to the existing forms of cooperation, the Parties:
(a) discuss methods to facilitate cooperation between the Parties;
(b) notify each other of the authorized bodies responsible for carrying out procedures in accordance with this Chapter and the relevant contact points;
(c) inform each other of any changes in contact points or significant changes in the structure and powers of their authorized bodies; and
(d) consult on intellectual property and public health, as well as on other matters related to the operation of this Chapter.
3. The Parties will strive to work on creating a more effective national domain name management system in order to prevent the unfair use of domain names that are identical or confusingly similar to any trademark, which misleads the consumer.
4. The Parties may agree to start negotiations on the issue of granting protection in respect of certain types of intellectual property rights.
CHAPTER 8 COMPETITION
Article 8.1 Objectives
1. Taking into account the importance of fair competition in trade relations, the Parties recognize that the suppression of anti-competitive practices, the implementation of competition policies and cooperation on issues covered by this Chapter will contribute to economic efficiency, the proper functioning of markets and sustainable economic development of the Parties.
2. The Parties shall take the necessary measures in accordance with their laws and other regulatory legal acts in order to prevent and suppress anti-competitive practices that affect trade and investment cooperation between the Parties.
Article 8.2 Principles of law enforcement in the field of competition
1. The law enforcement activities in the field of competition of each of the Parties do not allow discrimination on the basis of nationality.
2. Each Party shall ensure that the person against whom competition law enforcement activities are carried out is given the opportunity to present a position and evidence in his defense.
3. Each Party shall ensure that a person against whom a decision has been taken on a violation of competition law is given the opportunity to appeal against this decision through the procedures established by laws and other regulatory legal acts of this Party.
Article 8.3 Transparency
1. Each Party publishes, including on the official websites of authorized bodies on the Internet, its laws and other regulatory legal acts in the field of competition, including procedures for implementing competition law enforcement, as well as information on the final decisions of the relevant authorized bodies.
2. Each Party shall ensure that all final decisions on cases of violations of competition law are set out in writing, contain relevant facts and the legal justification on the basis of which the decisions were made.
Article 8.4 Anticompetitive practices
1. The Parties have agreed that the following anticompetitive practices are incompatible with the proper implementation of this Agreement:
(a) anticompetitive agreements and coordinated actions between business entities, the purpose or result of which is to prevent, restrict and/or eliminate competition;
(b) abuse of a dominant position; or
(c) Unfair competition.
2. Each Party, in accordance with its laws and other regulatory legal acts, ensures effective control over the concentration of economic entities to the extent necessary for the protection and development of competition in the territories of such a Party.
Article 8.5 Cooperation
1. The Parties recognize the importance of cooperation for the purpose of effective enforcement in the field of competition. The parties agreed to cooperate in a manner consistent with their legislation and essential interests, as well as based on the availability of necessary resources.
2. Cooperation includes the exchange of information, consultations, cooperation in the implementation of law enforcement activities in the field of competition, provided for in paragraph 3 of this Article, and technical cooperation, including educational programs, seminars, joint research and other forms of cooperation in order to strengthen the capacity of each Party in the field of competition policy and enforcement in the field of competition.
3. If a Party considers that its interests are affected by anti-competitive practices in the territory of the other Party, it may request the other Party to cooperate on competition law enforcement issues. The requested Party carefully reviews the request and, in accordance with its laws and other regulatory legal acts, decides on the possibility of initiating law enforcement activities in the field of competition, informs the requesting Party about the results of the review, as well as the results of law enforcement activities in the field of competition, if they have been initiated.
4. If one Party provides information to the other Party for the purposes of this Chapter, such information is used by that Party solely for these purposes, and should not be disclosed or shared with other persons and/or third countries without the consent of the Party providing such information. Regardless of the provisions of this Chapter, neither Party is obligated to provide the other Party with information if the provision of such information is prohibited by its relevant laws and other regulatory legal acts.
Article 8.6 Consultations
1. In order to strengthen mutual understanding between the Parties, and/or to resolve certain issues that arise during the implementation of this Chapter, each Party may request consultations. A request for consultations should be sent to the contact point of the other Party established in accordance with Article 12.2 of this Agreement. Such consultations do not limit the right of each Party to ensure the application of its relevant laws and other regulatory legal acts.
2. During consultations conducted in accordance with this Article, the requested Party shall ensure the fullest and most comprehensive consideration of the relevant aspects of the matter being the subject of consultations within a reasonable time. Both Sides strive to consult constructively.
Article 8.7 Independence in competition law enforcement
This Chapter does not limit the independence of each Party in the application of its respective competition legislation.
CHAPTER 9 PUBLIC PROCUREMENT
Article 9.1 Objectives
The Parties recognize the importance of public procurement for their respective economies and, in order to increase transparency, agreed to strengthen cooperation in the field of information exchange on relevant laws and other regulatory legal acts, on electronic procurement and the exchange of experience on electronic procurement.
Article 9.2 Transparency
The Parties shall publish on the Internet 5 their laws and other regulatory legal acts, administrative decisions of general application, and information on tenders in accordance with their laws and other regulatory legal acts in the field of public procurement, including procurement notices, procurement documentation, and tender results, with the exception of confidential information that is subject to the provisions of Article 1.11 of this Agreement. The Parties, in cases where it is practically feasible, provide public access to such sources of information. The Parties, in cases where it is practically feasible, publish relevant laws and other regulatory legal acts, administrative decisions of general application on the Internet 6 before or on the day of their entry into force.
__________________________ 5 For the Republic of Armenia on the official Website - www.procurement.am
For the Republic of Belarus on official Websites - www.icetrade .by; www.pravo.by;
www.zakupki.butb.by; www.goszakupki.by; www.butb.by
For the Republic of Kazakhstan on official Websites - www.goszakup.gov .kz; www.adilet.zan.kz
For the Kyrgyz Republic on the official Website - www.zakupki.gov .kg
For the Russian Federation on official Websites - www.zakupki.gov.ru ; www.pravo.gov.ru;
www.sberbank-ast.ru; www.etp.roseltorg.ru; www.etp.zakazrf.ru; www.rts-tender.ru; www.etp-micex.ru
For the People's Republic of China on the official Website - www.ccgp.gov.cn
In the event of any change to the above-mentioned Websites, the relevant Party will notify the other Party of such change through the contact points.
6 For the Republic of Armenia on the official Website - www.procurement.am
For the Republic of Belarus on official Websites - www.icetrade .by; www.pravo.by;
www.zakupki.butb.by; www.goszakupki.by; www.butb.by
For the Republic of Kazakhstan on official Websites - www.goszakup.gov .kz; www.adilet.zan.kz
For the Kyrgyz Republic on the official Website - www.zakupki.gov .kg
For the Russian Federation on official Websites - www.zakupki.gov.ru ; www.pravo.gov.ru;
www.sberbank-ast.ru; www.etp.roseltorg.ru; www.etp.zakazrf.ru; www.rts-tender.ru; www.etp-micex.ru
For the People's Republic of China on the official Website - www.ccgp.gov.cn
In the event of any change to the above-mentioned Websites, the relevant Party will notify the other Party of such change through the contact points.
Article 9.3 Contact points
Each Party shall determine a contact point for the purposes of this Chapter. The contact points should cooperate to facilitate the implementation of this Chapter.
Chapter 10 INDUSTRY COOPERATION
Article 10.1 Objectives
1. The objectives of this Chapter are:
(a) mutually beneficial development of industry cooperation and interaction between the Parties;
(b) Promoting innovation;
(c) increasing the investment attractiveness and competitiveness of the economies of the Parties; and
(d) Promoting sustainable development and cooperation in the field of trade and investment.
2. Cooperation is based on the following principles: equality and consideration of the national interests of the Parties, mutual benefit, fair competition, non-discrimination and transparency.
3. The Parties shall develop sectoral cooperation taking into account their strategies and programs for the development of various sectors of the economy, without prejudice to existing or planned bilateral cooperation initiatives between the EAEU Member States and China in this area.
Article 10.2 Areas and directions of sectoral cooperation
1. The parties agreed to develop cooperation in the fields of agriculture, energy, transport, industrial cooperation, information and communication infrastructure, technology and innovation, finance and the environment.
2. The relevant areas of cooperation between the Parties include:
(a) attracting investments in the development and modernization of the industrial, transport, logistics, agricultural and other infrastructure of the Parties in order to develop joint production of high-tech, innovative, export-oriented products;
(b) to promote the creation and development of effective mechanisms for cooperation between the Parties in the field of scientific research and development, as well as in the field of innovation in relation to the industrial and innovation infrastructure of the Parties;
(c) Transfer of advanced technologies and innovations;
(d) Development and use of information and communication infrastructure;
(e) development of transport corridors, including creation and modernization of transport infrastructure facilities, improvement of transport links;
(f) Promoting cooperation in the field of environmental protection and green growth; and
(g) support for cooperation between the financial regulators of the EAEU Member States and China.
Article 10.3 Forms of cooperation
The parties agreed to strengthen cooperation through:
(a) exchange of information and consultations, as well as information support for the business community of the Parties;
(b) holding joint forums to discuss issues related to industry cooperation, joint exhibition and fair events, international seminars and scientific conferences;
(c) exchange of experience on issues related to the implementation of economic reforms and structural transformations in the economy, stimulating innovation and industrial development of the Parties;
(d) Developing joint proposals to counteract the effects of global economic crises;
(e) Cooperation on attracting resources from international and national financial institutions on issues of mutual interest, including projects of joint interest in the field of sectoral cooperation;
(f) facilitating dialogue and communication among the business community of the Parties; and
(g) Exchange of experience in training specialists on the issues covered by this Chapter.
Article 10.4 Sub-committees and ad hoc working groups
1. The Parties may consider, within the framework of the Joint Commission, the establishment of subcommittees or ad hoc working groups in order to promote cooperation between the Parties on issues covered by this Chapter.
2. Issues related to the establishment and level of representation of such subcommittees or ad hoc working groups are agreed upon separately between the relevant bodies of the Parties.
3. The subcommittees and ad hoc working groups may develop and adopt plans and initiatives for cooperation in the relevant sectors or propose them for consideration by the Joint Commission.
CHAPTER 11 ELECTRONIC COMMERCE
Article 11.1 Scope and general provisions
1. The Parties recognize the dynamic and innovative nature of electronic commerce, which has a positive impact on the growth of mutual trade between the Parties and provides benefits to all participants in trade.
2. The purpose of this Chapter is to promote the development of electronic commerce, taking into account the importance of cooperation and avoiding excessive barriers to electronic commerce.
Article 11.2 Definitions
For the purposes of this Chapter:
(a) "personal information" means any information related to a specific or identifiable (directly or indirectly) individual;
(b) "electronic document" means a document in which information is presented in electronic form and which can be signed with an electronic (digital) signature.
Article 11.3 Electronic authentication
The parties will seek mutual recognition of electronic authentication methods. To speed up the process of mutual recognition of electronic authentication methods, the Parties cooperate and share best practices that ensure complete data protection and reliability.
Article 11.4 Use of electronic documents
1. The Parties will strive to ensure that documents related to foreign trade transactions can be submitted to the authorized bodies of the Parties in the form of electronic documents signed with an electronic (digital) signature.
2. None of the Parties may take or maintain measures containing requirements to confirm by providing paper documents the authenticity of documents related to foreign trade transactions and executed in the form of an electronic document signed with an electronic (digital) signature.
Article 11.5 Consumer protection in the field of electronic commerce
1. The Parties will strive to ensure the protection of consumer rights in the field of electronic commerce, at least at the level of protection applied in other forms of trade.
2. The Parties shall take or maintain measures in accordance with their policies, laws and other regulatory legal acts to prevent fraudulent commercial activities that harm or threaten to harm consumers.
3. The Parties recognize the importance of consumer rights in e-commerce to safety, fair business practices and reliable product information.
4. The Parties may create and post on public information resources materials on important aspects and risks of electronic commerce, as well as other information aimed at promoting models of safe and rational consumption. The Parties shall not create national or cross-border information systems containing registers of recalled products, unsafe goods and services, unscrupulous manufacturers, sellers, intermediaries, suppliers or performers of substandard and unsafe goods or services based on unconfirmed data.
5. In order to develop and monitor the implementation and application of the measures specified in this Article, as well as for the purpose of information exchange on consumer protection issues in the field of electronic commerce, the Parties undertake to establish a contact group consisting of representatives of bodies authorized in the field of consumer protection.
Article 11.6 Protection of personal information
1. Recognizing the importance of protecting personal information in electronic commerce, the Parties take measures aimed at ensuring the full protection of personal information, in accordance with their laws and other regulatory legal acts.
2. The Parties will strive to ensure that an individual receives express consent for the cross-border transfer of his personal information.
3. A Party that does not provide protection for certain categories of personal information may not require the other Party to provide such categories of personal information, as well as to apply protective measures against them.
Article 11.7 Cooperation
1. Recognizing the global nature of electronic commerce, the Parties will strive to:
(a) to exchange information and experience on issues of legislation and law enforcement, as well as to establish cooperation between the authorized bodies of the Parties, including on the following issues::
(i) protection of personal information;
(ii) consumer protection;
(iii) unsolicited commercial electronic communications; and
(iv) electronic authentication.
(b) Encourage the development and use of technologies that simplify electronic commerce;
(c) Encourage the adoption of self-regulatory measures in the private sector in the field of electronic commerce;
(d) Collaborate on developing approaches to the collection of statistical information on electronic commerce and its use in scientific research; and
(e) Organize seminars and expert dialogues between government agencies and representatives of the private sector of the Parties.
2. The Parties will consider the possibility of establishing a Subcommittee on Electronic Commerce and inform each other through the contact points established in accordance with Article 12.2 of this Agreement.
Article 11.8 Transparency
Each Party shall publish on its official websites its policies, laws and other regulatory legal acts that relate to the subject matter of this Chapter or affect its application, prior to their entry into force.
CHAPTER 12 INSTITUTIONAL PROVISIONS
Article 12.1 Joint Commission
1. The Parties hereby establish a Joint Commission chaired by two representatives - one from the EAEU and the EAEU Member States, represented by a member of the Board of the Eurasian Economic Commission, the other from the Government of China, represented at the level of the Minister or his authorized representatives. The Parties will be represented by senior officials officially designated for this purpose.
2. The Joint Commission performs the following functions:
(a) consideration of any matter governed by this Agreement;
(b) consideration of any other matter related to this Agreement by mutual agreement of the Parties;
(c) control over the work of the subcommittees in the cases provided for in this Agreement, if the Parties have mutually agreed on the establishment of such subcommittees.;
(d) consideration of any proposal submitted by the subcommittees to amend this Agreement, with a view to making recommendations to the Parties;
(e) to explore opportunities for the further development and expansion of trade between the Parties, in accordance with the objectives of this Agreement; and
(f) The establishment of a procedure allowing consultations and finding mutually acceptable solutions on issues referred to it by the Parties.
3. The Joint Commission may:
(a) Establish sub-committees or ad hoc working groups, as appropriate, and refer matters to a sub-committee or ad hoc working group for consideration;
(b) to seek the opinion of experts in cases where this may contribute to the Commission's performance of its functions;
(c) seek to resolve any issues related to the implementation of this Agreement that have been referred to the Joint Commission by the Parties; and
(d) to take other actions for the performance of their functions by agreement of the Parties.
4. The rules of procedure of the Joint Commission are set out in Annex 1 to this Agreement.
5. The Joint Commission shall make recommendations on any issue within the scope of its functions. It may also take decisions on matters covered by the rules of procedure in accordance with paragraph 4 of this Article. Decisions, recommendations and other actions of the Joint Commission are made by consensus. The Parties will strive to take all necessary actions to properly implement the recommendations of the Joint Commission.
Article 12.2 Contact points
Each Party shall designate contact points in accordance with this Article, as well as other articles of this Agreement, responsible for communication with the other Party and the Joint Commission on any issues governed by this Agreement. Each Party appoints its contact points in accordance with internal procedures and informs the other Party of such appointment within 90 days from the date of entry into force of this Agreement.
CHAPTER 13 FINAL PROVISIONS
Article 13.1 of the Annex
The annexes to this Agreement form an integral part of it.
Article 13.2 Accession
1. A new EAEU Member State shall accede to this Agreement by agreement of the Parties reached through negotiations on its accession to this Agreement between the Parties to this Agreement and such new EAEU Member State. Such accession is carried out by concluding an additional protocol to this Agreement.
2. The Eurasian Economic Commission shall immediately notify China in writing through the contact points established in accordance with Article 12.2 of this Agreement of the receipt by any state of the candidate status for joining the EAEU or the completion of accession to the EAEU.
Article 13.3 Entry into force
This Agreement shall enter into force on the 60th day following the day of receipt of the last written notification on the implementation by the EAEU, the EAEU Member States and China of the relevant domestic legal procedures necessary for the entry into force of this Agreement. Such notifications are exchanged between the Eurasian Economic Commission and China.
Article 13.4 Introduction of amendments
1. This Agreement may be amended by mutual written consent of the Parties by concluding an additional protocol. All changes are an integral part of this Agreement. Any amendment shall enter into force in accordance with the procedure for the entry into force of this Agreement.
2. If changes are made to the provision of the WTO Agreement incorporated into this Agreement, the Parties shall consult on the need to make appropriate changes to this Agreement.
Article 13.5 Withdrawal and termination
1. The EAEU may terminate this Agreement by written notification to China, and China may terminate this Agreement by written notification to the EAEU. This Agreement shall terminate on the 180th day following the date of such notification.
2. Any EAEU Member State that intends to terminate its membership in the EAEU ipso facto ceases to be a party to this Agreement from the date of its withdrawal from the EAEU.
3. The EAEU and the EAEU member State referred to in paragraph 2 of this Article shall immediately send a notification to China through diplomatic channels indicating the exact date of withdrawal from the EAEU, established in accordance with the 12-month period for withdrawal from the EAEU provided for in the EAEU Treaty. Upon receipt of the relevant notification from the EAEU and such EAEU Member State, China confirms through diplomatic channels receipt of the above-mentioned notification, which indicates the date of withdrawal from the EAEU and this Agreement.
4. If any amendment is made to the EAEU Treaty regarding withdrawal from the EAEU, the Parties to this Agreement shall consult in order to determine the appropriateness of making appropriate amendments to this Agreement.
5. If an EAEU Member State withdraws from this Agreement in accordance with paragraphs 2 and 3 of this Article, this Agreement shall continue to apply to the EAEU and the remaining EAEU Member States.
IN WITNESS WHEREOF, the undersigned, having all the necessary powers, have signed this Agreement.
DONE in Astana on May 17, 2018, in two originals in the Armenian, Belarusian, Kazakh, Kyrgyz, Russian, Chinese and English languages, all texts being equally authentic. In case of discrepancies, the English text shall prevail.
For the Republic of Armenia
For the People's Republic of China
For the Republic of Belarus
For the Republic of Kazakhstan
For the Kyrgyz Republic
For the Russian Federation
For the Eurasian Economic Union
APPENDIX 1
RULES OF PROCEDURE FOR THE JOINT COMMISSION AND THE APPOINTMENT OF CONTACT POINTS
Notifications about representatives
1. Notification of the appointment of the co-chairman of the Joint Commission from each Party and representatives from each Party in the Joint Commission shall be sent within 90 days from the date of entry into force of this Agreement. The Party may appoint other representatives to the Joint Commission and notify it no later than 30 days before the next meeting of the Joint Commission.
Regular and other meetings
2. The Joint Commission holds meetings at least annually in one of the EAEU member States and in China alternately. Other meetings may be held at the request of one of the Parties by mutual agreement.
Date and place of the meeting
3. The Joint Commission shall determine at each meeting the date and place of its next meeting, unless the Joint Commission decides otherwise.
Convocation
4. The receiving Party will endeavour to inform the other Party to this Agreement of the date, place and provisional agenda of the meeting no later than 60 days in advance in the case of a regular meeting and, if possible, no later than 30 days in advance in the case of extraordinary meetings.
Provisional agenda
5. The host Party prepares a provisional agenda for the meetings of the Joint Commission.
6. The provisional agenda of the next meeting of the Joint Commission includes:
(a) all matters that were included in it by decision of the Joint Commission during its previous meetings; and
(b) all issues proposed by the Parties to this Agreement.
Adoption of the agenda
7. The Joint Commission approves the agenda of the meeting at the beginning of each meeting.
Changes and new items
8. The Joint Commission may amend the agenda, delete or add items to it during the meeting, if the decision to do so is taken by consensus.
Submission of documents to the Joint Commission
9. Notifications, applications and other documents are submitted to the Joint Commission in writing.
Working languages
10. The working language of the Joint Commission is English.
11. All notifications, requests and other documents sent to the Joint Commission are executed in English or in Chinese or Russian with the appropriate English translation attached.
12. All oral statements addressed to the Joint Commission made during the meetings of the Joint Commission are made in English or in Chinese or Russian, with the appropriate English translation attached. The cost of translating oral statements is covered by the Party making the relevant statement.
Contact points
13. The notification from China on the appointment of contact points in accordance with Article 12.2 of this Agreement shall be transmitted to the Eurasian Economic Commission, and the notification from the EAEU and the EAEU Member States on the appointment of contact points shall be transmitted to the Government of China by the Eurasian Economic Commission.
Final provisions
14. Notwithstanding the above-mentioned provisions, the Parties may postpone the deadline or agree on another deadline through consultations if the deadlines provided for in the above-mentioned provisions cannot be met due to unforeseen circumstances.
I hereby certify that this text is a complete and authentic copy of the Agreement on Trade and Economic Cooperation between the Eurasian Economic Union and its member States, on the one hand, and the People's Republic of China, on the other hand, signed on May 17, 2018 in Astana in Russian.:
for the Republic of Armenia - by Deputy Prime Minister of the Republic of Armenia T.A. Avinyan;
for the Republic of Belarus - First Deputy Prime Minister of the Republic of Belarus B.C. Matyushevsky;
for the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan A.U. Mamin;
for the Kyrgyz Republic - Deputy Prime Minister of the Kyrgyz Republic Z.M. Askarov;
for the Russian Federation - Acting Deputy Chairman of the Government of the Russian Federation D.N. Kozak;
for the Eurasian Economic Union - Chairman of the Board of the Eurasian Economic Commission T.S. Sargsyan;
for the People's Republic of China - Representative at international trade negotiations (with the rank of Minister), Deputy Minister of Commerce of the People's Republic of China Fu Ziying.
The original copy is kept at the Eurasian Economic Commission.
Director of the Legal Department of the Eurasian Economic Commission
V. I. Taraskin
Note from <url>! The text of the Agreement is attached in Armenian, Belarusian, Kyrgyz, Chinese and English.
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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