On the ratification of the Customs Union Agreement on Plant Quarantine

Home / RLA / On the ratification of the Customs Union Agreement on Plant Quarantine

The Law of the Republic of Kazakhstan dated June 30, 2010 No. 304-IV.

RCPI's note! The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).

To ratify the Customs Union Plant Quarantine Agreement signed in St. Petersburg on December 11, 2009.

President

Republic of Kazakhstan

N. Nazarbayev

AGREEMENT OF the Customs Union on Plant Quarantine (Bulletin of International Treaties of the Republic of Kazakhstan, 2010, No. 5, Article 46) (Entered into force on July 1, 2010)

The Governments of the member States of the Customs Union within the framework of the Eurasian Economic Community (hereinafter referred to as the Customs Union), hereinafter referred to as the Parties,

in order to form a customs union,

Based on the Agreement on the Implementation of a Coordinated Policy in the field of Technical regulation, Sanitary and Phytosanitary Measures dated January 25, 2008,

Recognizing the expediency of conducting a coordinated policy in the field of quarantine phytosanitary requirements and measures,

Having regard to the rules and principles of the International Plant Protection Convention (Rome, 1951, as amended in 1997) (hereinafter referred to as the Convention), the Agreement on Technical Barriers to Trade and the Agreement on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization, adopted following the Uruguay Round of Multilateral trade negotiations on April 15, 1994 in the city of Marrakech,

in order to ensure the protection of the customs territory of the Customs Union from the import and distribution of quarantine facilities and to reduce losses caused by them, as well as to remove obstacles to international trade in quarantined products,

have agreed on the following:

Article 1

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

"quarantine facilities (quarantine pests)" - harmful organisms that are absent or limited in the territories of the States of the Parties and included in the national Lists of quarantine facilities;

"quarantine phytosanitary control (supervision)" is the activity of authorized national authorities of the States of the Parties in the field of plant quarantine, aimed at identifying quarantine facilities, establishing the quarantine phytosanitary status of quarantined products and fulfilling the international obligations of the States of the Parties and the legislation of their state in the field of plant quarantine.;

"quarantined products (quarantined cargoes, quarantined materials, quarantined goods)" (hereinafter referred to as "quarantined products") - plants, plant products, containers, packaging, cargoes, soil, organisms, or materials transported across the customs border of the Customs Union and in the customs territory of the Customs Union, which may be carriers of quarantine facilities and (or) contribute to their spread, and in respect of which quarantine phytosanitary measures are necessary.;

"batch of quarantined products" - the quantity of quarantined products intended to be shipped by one vehicle to one destination to one recipient.

Concepts not specifically defined in this Agreement,

They are used in the values established by the Convention, international standards on quarantine phytosanitary measures, and international treaties concluded within the framework of the Customs Union and the Eurasian Economic Community.

Article 2

This Agreement applies to quarantined products included in the List of Quarantined Products (quarantined cargoes, quarantined materials, quarantined goods) subject to quarantine phytosanitary control (supervision) at the customs border of the Customs Union upon import and in the customs territory of the Customs Union (hereinafter referred to as the List of Quarantined Products).

Quarantine phytosanitary control (supervision) at the customs border of the Customs Union is carried out in accordance with the Regulations on the Procedure for Quarantine phytosanitary control (Supervision) at the Customs border of the Customs Union.

Quarantine phytosanitary control (supervision) in the customs territory of the Customs Union is carried out in accordance with the Regulations on the Procedure for Quarantine phytosanitary control (Supervision) in the Customs Territory of the Customs Union.

Quarantine phytosanitary control (supervision) during the export of quarantined products from the customs territory of the Customs Union is carried out in accordance with the international obligations of the States of the Parties in the field of plant quarantine and the legislation of the States of the Parties.

The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 24.01.2011 No. 397-IV.

Article 3

The authorized national bodies of the States of the Parties for the implementation of this Agreement are the bodies of the States of the Parties performing the functions of quarantine phytosanitary control (supervision) (hereinafter referred to as the authorized bodies).

The Parties shall take the necessary measures to prevent the importation into the customs territory of the Customs Union and the spread of quarantine facilities (quarantine pests) and are responsible for compliance with the international obligations of the States of the Parties and the legislation of their state in the field of plant quarantine.

Article 4

1. The authorized bodies of the Parties shall carry out quarantine phytosanitary control (supervision) when moving quarantined products across the customs border of the Customs Union at checkpoints of the States of the Parties or in other places where plant quarantine points (phytosanitary control posts) are equipped and equipped in accordance with the legislation of the States of the Parties.

2. Quarantined products imported into the customs territory of the Customs Union must comply with the phytosanitary requirements of the State of the Party in whose territory the place of destination of the quarantined products is located.

The Parties shall ensure the posting of official information on phytosanitary requirements for imported quarantined products on the official websites (Internet resources) of the authorized bodies of the Parties, as well as in the Information System of the Eurasian Economic Community in the field of technical regulation, sanitary and phytosanitary measures and in the Integrated Information System of Foreign and Mutual Trade of the Customs Union.

Each batch of quarantined products classified in accordance with the List of quarantined products to the group of quarantined products with a high phytosanitary risk is imported into the customs territory of the Customs Union accompanied by an export or re-export phytosanitary certificate issued by the competent authority of the exporting country (re-exporter) in the form prescribed by the Convention.

3. Each batch of quarantined products classified in accordance with the List of quarantined products as a group of quarantined products with a high phytosanitary risk, transported from the territory of the State of one Party to the territory of the State of the other Party, must be accompanied by a phytosanitary certificate of the sending Party in the form established by the Convention.

The Parties recognize phytosanitary certificates issued by authorized bodies of the States of the Parties.

Quarantine phytosanitary control (supervision) at the destinations of quarantined products in the territories of the States of the Parties is carried out in accordance with Article 2 of this Agreement.

The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 24.01.2011 No. 397-IV.

Article 5

1. The list of regulated products, the Regulation on the procedure for quarantine phytosanitary control (supervision) at the customs border of the Customs Union, the Regulation on the Procedure for quarantine phytosanitary control (Supervision) in the customs territory of the Customs Union, are approved by the decision of the Commission of the Customs Union (hereinafter - the Commission).

2. The documents referred to in paragraph 1 of this Article shall be maintained by the Commission from the date on which the Parties grant it appropriate powers in the field of plant quarantine.

For the purposes of this article, the maintenance of documents by the Commission means the introduction, in accordance with the established procedure, of amendments and additions to the documents of the Customs Union specified in paragraph 1 of this Article, their subsequent approval and communication to the Parties.

Proposals for amendments and additions to the documents referred to in paragraph 1 of this Article shall be submitted to the Commission for consideration in accordance with the established procedure on the proposal of either Party.

The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 24.01.2011 No. 397-IV.

Article 6

Authorized bodies of the States of the Parties:

in case of detection and spread of quarantine objects (quarantine pests) in the customs territory of the Customs Union, information about them, as well as about the quarantine phytosanitary measures taken, is sent to the Information System of the Eurasian Economic Community in the field of technical regulation, sanitary and phytosanitary measures and the Integrated Information System of Foreign and Mutual Trade of the Customs Union.;

They inform each other in a timely manner about cases of detection and spread of quarantine objects (quarantine pests) on the territories of their states and about the introduction of temporary quarantine phytosanitary measures by them.;

promptly notify the States of the Parties of the Lists of Quarantine Facilities adopted in their States.;

They provide each other with scientific, methodological and technical assistance in the field of plant quarantine;

They annually exchange statistical information for the past year regarding the detection and distribution of quarantine facilities in the territories of their States.

Article 7

1. Authorized bodies of the States of the Parties, if necessary and by mutual agreement:

exchange of information;

Specialists are sent to conduct a joint inspection of the places of production (manufacture), sorting, processing, warehousing and packaging of quarantined products transported from the territory of the state of one Party to the territory of the state of the other Party.;

jointly carry out certain types of quarantine phytosanitary control (supervision) established by the Regulation on the Procedure for Quarantine Phytosanitary Control (Supervision) at the Customs Border of the Customs Union and the Regulation on the Procedure for Quarantine Phytosanitary Control (Supervision) in the Customs Territory of the Customs Union.;

They cooperate on other issues in the field of quarantine phytosanitary control (supervision).

2. The Parties shall bear the costs associated with the implementation of paragraph 1 of this Article within the limits of the funds provided for by the legislation of the States of the Parties, unless a different procedure is agreed in each specific case.

Article 8

Each of the Parties has the right to develop and introduce temporary quarantine phytosanitary measures in the following cases::

deterioration of the quarantine phytosanitary situation on the territory of their States;

obtaining information from relevant international organizations, Parties and (or) third countries on the quarantine phytosanitary measures taken;

if the relevant scientific justification for the application of quarantine phytosanitary measures is insufficient or cannot be provided within the required time frame.

Article 9

Disputes between the Parties related to the interpretation and/or application of this Agreement are resolved through consultations and negotiations.

If the dispute is not settled by the Parties within six months from the date of receipt of an official written request for consultations and negotiations sent by one of the Parties to the other Party, then in the absence of any other agreement between the Parties on the method of dispute resolution, either Party submits this dispute for consideration to the Court of the Eurasian Economic Community.

Article 10

By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.

Article 11

The procedure for entry into force, accession to and withdrawal from this Agreement shall be determined by Protocol on the procedure for the entry into force of international treaties aimed at forming the legal framework of the Customs Union, withdrawal from them and accession to them dated October 6, 2007.

Done in St. Petersburg on December 11, 2009, in one original copy in the Russian language.

The original copy of this Agreement shall be kept at the Customs Union Commission, which, as the depositary of this Agreement, will send a certified copy to each Party.

Behind

Government

Republics

Russian

Belarus

Kazakhstan

Federations

President

Republic of Kazakhstan

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