On the ratification of the Customs Union Agreement on Sanitary Measures

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The Law of the Republic of Kazakhstan dated June 30, 2010 No. 302-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 Agreement on Sanitary Measures, signed in St. Petersburg on December 11, 2009.

President

Republic of Kazakhstan

N. Nazarbayev

Customs Union AGREEMENT on Sanitary Measures (Bulletin of International Treaties of the Republic of Kazakhstan, 2010, No. 5, Article 48) (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 ensure the protection of the customs territory of the Customs Union from the import and spread of infectious and mass non-communicable diseases (poisoning) among the population, products (goods) that do not meet sanitary, epidemiological and hygienic requirements,

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 ensuring the sanitary and epidemiological well-being of the population,

Taking into account the International Health Regulations (2005), Agreements on Technical Barriers to Trade and Agreements 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 Marrakesh, Agreement on Cooperation in the Field of Sanitary Protection of the Territories of the Member States of the Commonwealth of Independent States dated May 31, 2001, Agreement on the Procedure for Cooperation in the Hygienic Assessment of Potentially Dangerous Products Imported into the Member States of the Commonwealth of Independent States dated April 16, 2004,

have agreed on the following:

Article 1

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

"document confirming the safety of products (goods)" is a document (certificate of state registration) certifying the conformity of products (goods) subject to sanitary and epidemiological supervision (control) with safety requirements for human health and issued by authorized bodies;

"sanitary and epidemiological supervision (control)" is the activity of authorized bodies aimed at preventing, detecting and suppressing violations of mandatory requirements established by regulatory legal acts of the Customs Union and the legislation of the States of the Parties in the field of sanitary and epidemiological welfare of the population.;

"sanitary and anti-epidemic measures" - organizational, administrative, engineering, medical, sanitary and other measures aimed at assessing the risk of harmful effects of environmental factors on humans, eliminating or reducing it, preventing the occurrence and spread of infectious and mass non-communicable diseases (poisoning) and their elimination;

"controlled goods" - goods, chemical, biological and radioactive substances, waste and other cargoes that pose a danger to humans, foodstuffs, materials and products transported across the customs border of the Customs Union and in the customs territory of the Customs Union, subject to state sanitary and epidemiological supervision (control) in accordance with the legislation of the states of the Parties;

"authorized bodies" - bodies and institutions of the States of the Parties authorized in the field of sanitary and epidemiological welfare of the population.

Terms not specifically defined in this Agreement are used in the meanings established by other international treaties concluded within the framework of the Customs Union.

The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 24.01.2011 No. 398-IV.

Article 2

This Agreement applies to persons, vehicles, and controlled goods included in the Unified List of Goods Subject to Sanitary and Epidemiological Surveillance (control) at the Customs Border and Customs Territory of the Customs Union (hereinafter referred to as the Unified List of Goods).

Sanitary and epidemiological surveillance (control) at the customs border and the customs territory of the Customs Union is carried out in accordance with the Regulations on the Procedure for State Sanitary and Epidemiological Surveillance (Control) of Persons and Vehicles crossing the customs Border of the Customs Union, controlled goods Transported across the customs border of the Customs Union and in the Customs Territory of the Customs Union (hereinafter referred to as - Regulations on the procedure for sanitary and epidemiological surveillance).

In the customs territory of the Customs Union, Uniform sanitary, epidemiological and Hygienic Requirements apply to goods subject to sanitary and epidemiological supervision (control) (hereinafter referred to as the Uniform Sanitary Requirements). The uniform sanitary requirements apply until the adoption of the EurAsEC technical regulations for this type of controlled goods.

In order to implement this Agreement, the Parties:

- recognize the results of the work of authorized bodies to determine the compliance of controlled goods with Uniform Sanitary Requirements;

- take coordinated measures aimed at preventing the import, spread and elimination in the customs territory of the Customs Union of infectious and mass non-communicable diseases (poisoning) dangerous to human health, the consequences of emergency situations, as well as acts of terrorism involving biological agents, chemical and radioactive substances;

- carry out sanitary and anti-epidemic measures to prevent the importation into the customs territory of the Customs Union and the turnover of controlled goods that are dangerous to human life, health and the environment.

The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 24.01.2011 No. 398-IV.

Article 3

The Parties shall carry out sanitary and epidemiological supervision (control) over persons, vehicles, and controlled goods when they are transported across the customs border of the Customs Union at checkpoints of the States of the Parties located on the customs border of the Customs Union.

The Parties shall establish sanitary quarantine points at checkpoints intended for the movement of controlled goods across the customs border of the Customs Union and take measures to carry out the necessary sanitary and anti-epidemic measures.

The Commission of the Customs Union determines the list of controlled goods, the movement of which across the customs border of the Customs Union is carried out at specially equipped checkpoints, determined by the relevant Parties in accordance with their legislation.

Article 4

Authorized bodies exchange samples of documents confirming the safety of products (goods) issued in Uniform Forms, and lists of bodies and institutions that issue them.

Article 5

The import and circulation of controlled goods in the customs territory of the Customs Union is carried out in the presence of a document confirming the safety of products (goods).

The Parties recognize documents confirming the safety of products (goods) included in the Unified List of Goods, issued by authorized bodies in a Single form and certifying the conformity of products (goods) with the Unified Sanitary Requirements or Technical Regulations of the EurAsEC, without reissue.

Documents confirming the safety of products (goods) issued by authorized bodies prior to the entry into force of this Agreement are valid until their expiration date in the territory of the State of the Party that issued this document.

During the implementation of state sanitary and epidemiological supervision (control), if controlled goods are detected that do not comply with the Unified Sanitary Requirements or Technical Regulations of the EurAsEC, the Parties shall take measures in accordance with the Regulations on the Procedure for Sanitary and Epidemiological Supervision. The Parties have the right to request laboratory research (testing) protocols from authorized bodies that have issued documents confirming the safety of products (goods) on the basis of which these documents were issued.

The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 24.01.2011 No. 398-IV.

Article 6

A single list of goods, Regulations on the procedure for sanitary and epidemiological surveillance, Uniform sanitary requirements and Uniform forms of documents confirming the safety of products (goods) are approved by a decision of the Customs Union Commission (hereinafter referred to as the Commission).

From the date on which the Parties grant it the appropriate powers, the Commission shall maintain the documents specified in part one of this article.

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

Proposals on amendments and additions to the documents specified in the first part of this Article shall be submitted to the Commission for consideration in accordance with the established procedure, including on the proposal of the authorized bodies of the States of the Parties.

Article 7

Authorized bodies in cases of detection of infectious and mass non-communicable diseases (poisoning) and (or) spread in the customs territory of the Customs Union:

- infectious and mass non-communicable diseases (poisoning) among the population;

- products that are dangerous to human life, health and the environment.,

They send information about them, as well as about the sanitary measures taken, to the Information System of the Eurasian Economic Community in the field of technical regulation, sanitary and Phytosanitary measures, established in accordance with the Agreement on the Establishment of the Information System of the Eurasian Economic Community in the field of Technical Regulation, Sanitary and Phytosanitary Measures of December 12, 2008, and the Integrated Information System for External and mutual trade of the Customs Union, created in accordance with the Concept of Forming an Integrated Information System for Foreign and Mutual Trade of the Customs Union, approved by the Decision of the Interstate Council of the Eurasian Economic Community (the supreme body of the Customs Union) dated November 27, 2009 No. 22.

The authorized bodies provide mutual scientific, methodological and technical assistance in the field of sanitary and epidemiological welfare of the population and inform each other.:

- possible shipments of controlled goods that do not comply with the Uniform Sanitary Requirements or Technical Regulations of the EurAsEC;

- every case of detection of particularly dangerous infectious diseases listed in the International Health Regulations (2005), and products dangerous to human life and health.

The footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 24.01.2011 No. 398-IV.

Article 8

Authorized bodies, if necessary and by mutual agreement, in order to comply with the legislation of the Customs Union in the field of sanitary measures and protection of the customs territory of the Customs Union from the import and spread of infectious and mass non-communicable diseases (poisoning), controlled goods that do not meet sanitary-epidemiological and hygienic requirements, conduct joint inspections (inspections) in the territories of the states Parties producing controlled goods, as well as for the prompt resolution of other issues.

Financing of expenses related to the implementation of this Agreement is carried out from the respective budgets of the States of the Parties, unless a different procedure is agreed in each specific case.

Article 9

The Parties have the right to introduce temporary sanitary measures and carry out sanitary and anti-epidemic measures in the following cases::

- deterioration of the sanitary and epidemiological situation in the territory of the State of the Party;

- receiving information from relevant international organizations, from Parties or States that are not parties to this Agreement on the applied sanitary measures and (or) deterioration of the sanitary and epidemiological situation;

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

- identification of controlled goods that do not comply with the Uniform Sanitary Requirements or Technical Regulations of the EurAsEC.

The Parties shall notify each other as soon as possible of the introduction of sanitary measures, the implementation of sanitary and anti-epidemic measures and their changes.

When temporary sanitary measures are introduced by one of the Parties, the other Parties take the necessary measures and carry out sanitary and anti-epidemic measures to ensure an appropriate level of protection for the Party that decided to introduce such measures.

The footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 24.01.2011 No. 398-IV.

Article 10

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 Parties, either Party submits the dispute to the Court of the Eurasian Economic Community for consideration.

Article 11

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

Article 12

The procedure for entry into force, accession to and withdrawal from this Agreement is determined by the Protocol on the Procedure for Entry into Force of International Treaties aimed at Forming the Legal Framework of the Customs Union, withdrawal from 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.

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