On the Ratification of the Protocol on Certain Issues of Import and Circulation of Goods in the Customs Territory of the Eurasian Economic Union

Home / RLA / On the Ratification of the Protocol on Certain Issues of Import and Circulation of Goods in the Customs Territory of the Eurasian Economic Union

The Law of the Republic of Kazakhstan dated December 9, 2015 No. 439-V SAM.

To ratify the Protocol on Certain Issues of Import and Circulation of Goods in the Customs Territory of the Eurasian Economic Union, signed in Burabay on October 16, 2015.

President

Republic of Kazakhstan

N. NAZARBAYEV

protocol On some issues of import and circulation of goods in the customs territory of the Eurasian Economic Union Entered into force on January 11, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 1, art. 5

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

Guided by the provisions of the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter referred to as the Treaty), including Annex No. 31 to the Treaty, and the Treaty on the Functioning of the Customs Union within the Framework of the Multilateral Trading System of May 19, 2011,

Taking into account the Protocol on the Accession of the Republic of Kazakhstan to the Marrakesh Agreement on the Establishment of the World Trade Organization dated April 15, 1994, signed on July 27, 2015.,

have agreed on the following:

Article 1

This Protocol defines the specifics of regulating the import and circulation of certain types of goods in the customs territory of the Eurasian Economic Union in connection with the accession of the Republic of Kazakhstan to the World Trade Organization.

Article 2

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

"list" is a list of goods imported into the territory of the Republic of Kazakhstan from third countries to which reduced duty rates are applied, as well as the amounts of such rates.;

"reduced duty rate" is the rate of import customs duty that is lower than the current rate of import customs duty of the Single Customs Tariff of the Eurasian Economic Union (hereinafter referred to as the EAEU Customs Tariff), set at the maximum rate level stipulated by the obligations of the Republic of Kazakhstan in the World Trade Organization.

Article 3

1. Reduced duty rates are applied when goods are imported into the territory of the Republic of Kazakhstan from third countries and placed under the customs procedures provided for by the Customs Code of the Customs Union, in accordance with the list approved by the Eurasian Economic Commission (hereinafter referred to as the Commission), subject to the conditions provided for in paragraph 307 of the Report of the Working Group on the Accession of the Republic of Kazakhstan to the World Trade Organization as a condition for the accession of the Republic of Kazakhstan to the World Trade Organization.

2. The list, including its updating and alignment with the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (hereinafter referred to as the EAEU Customs Code), is maintained by the Commission.

3. The goods included in the list, imported into the territory of the Republic of Kazakhstan from the territories of third countries with payment of import customs duties at the rates stipulated in the list, and placed under the customs procedure of release for domestic consumption, are conditionally released goods in accordance with the Customs Code of the Customs Union.

4. The Republic of Kazakhstan shall ensure that the necessary measures are taken to prevent the export of goods specified in paragraph 3 of this Article to the territory of other Member States.

5. When goods included in the list are imported into the territory of the Republic of Kazakhstan from the territories of third countries, import customs duties may be paid based on the rates of import customs duties of the EAEU Customs Union. In this case, the relevant product acquires the status of a product of the Eurasian Economic Union in accordance with the Customs Code of the Customs Union.

6. The Republic of Kazakhstan, in accordance with national legislation, grants the right to request and receive from the competent authorities information on the payment of customs duties necessary for the movement of goods included in the list from the territory of the Republic of Kazakhstan to the territory of other Member States.

7. The declarant, another person having the right to own the relevant goods, the carrier of goods included in the list and transported from the territory of the Republic of Kazakhstan to the territory of other Member States, are obliged to ensure compliance with the requirements for the movement of such goods established by this Protocol and in accordance with it, and are responsible for their violation in accordance with the legislation of the Member State.a member.

8. In order to monitor and control the turnover of goods included in the list, the customs authorities of the member States, starting from December 1, 2016, electronically exchange data and information from customs declarations on the importation and placement under customs procedures in the territory of the Republic of Kazakhstan of such goods in accordance with the information provided in Annex 1 to Agreement on the organization of information exchange for the implementation of analytical and control functions of the Customs authorities of the Member States of the Customs Union dated October 19, 2011.

From the date of entry into force of this Protocol to December 1, 2016, the specified exchange of data and information is carried out once every 2 days.

9. The Republic of Kazakhstan ensures the traceability of the goods included in the list in terms of specifying the numbers of customs declarations and serial numbers of goods according to the customs declaration when they are handled in the territory of the Republic of Kazakhstan.

10. The Republic of Kazakhstan is creating a system for accounting for goods included in the list exported to other Member States (hereinafter referred to as the accounting system). The accounting system should provide for the correlation of information about goods included in the list and exported to other member States with information about goods in respect of which import customs duties are paid at the EAEU ETT rates.

The accounting system should provide for the formation and registration in the state database of the Republic of Kazakhstan of a shipping document containing information about the goods, their quantity, information specified in paragraph 9 of this article, information on the payment of import customs duties at the EAEU rate. The availability of such a document, registered in the accounting system, is a condition for the export of the relevant goods to other Member States.

The absence of such a document is the basis for the carrier to refuse to accept the relevant goods for carriage.

The information contained in the accounting system is transmitted by the authorized body of the Republic of Kazakhstan to the authorized bodies of other Member States. The authorized bodies of the Member States shall develop and approve the procedure and technical conditions for the transfer of information contained in the accounting system.

11. In order to control the legality of the movement of goods, the Member States, in accordance with their legislation, have the right to keep records of goods when they are moved within the framework of mutual cross-border trade of the Member States, to establish a requirement for the availability of a document specified in the second paragraph of paragraph 10 of this article in respect of goods included in the list, among the mandatory shipping documents, which are provided for in the framework of the functioning of national accounting systems for mutual trade.

12. Member States shall establish in their legislation liability for non-fulfillment or improper fulfillment of the requirements established by this Protocol and in accordance with it.

Article 4

1. Raw sugar of subheadings imported into the territory of the Republic of Kazakhstan from third countries with the application of reduced rates of import customs duties 1701 12 - 1701 91 The Customs Code of the EAEU, as well as white sugar produced from such raw sugar, are not subject to export to the territories of other member states. The Republic of Kazakhstan will ensure that the necessary measures are taken to control the circulation of raw sugar and white sugar produced from it, as well as the annual submission to the Commission of balances of sugar production and consumption in the Republic of Kazakhstan for the coming period.

2. The Republic of Kazakhstan, from the date of commencement of the application of reduced duty rates for goods specified in the list, shall ensure the application of regulatory legal acts regulating the rules for the import, wholesale and retail sale and labeling of medicines, medical devices and medical equipment, excluding the possibility of export of goods specified in paragraph 3 of Article 3 of this Protocol, with territories of the Republic of Kazakhstan on the territory of other Member States.

3. Regardless of the provisions of paragraph 4 of Article 3 of this Protocol, passenger cars and other motor vehicles classified in headings 8703, 8704 21 and 8704 31 of the Customs Code of the EAEU, motor vehicles for the carriage of no more than 12 people, including the driver, classified in heading 8702 of the Customs Code of the EAEU, put into circulation on the territory of Of the Republic of Kazakhstan with the application of reduced rates of import customs duties, may be temporarily imported into the territory of other Member States by persons (citizens of the Republic of Kazakhstan or other persons), permanent residents of the Republic of Kazakhstan, and if such passenger cars and other motor vehicles are registered in the territory of the Republic of Kazakhstan on the basis of documents containing information allowing identification of vehicles, with a note on the release into circulation with the application of reduced rates of import customs duties.

4. Goods subject to veterinary control (supervision) imported into the territory of the Republic of Kazakhstan from third countries according to requirements that differ from the requirements of regulations in the field of veterinary and sanitary measures included in the law of the Eurasian Economic Union, and products made from them, may not be moved to the territories of other member states.

For this purpose, the Republic of Kazakhstan ensures the adoption of appropriate national legal acts and the introduction of a system approved by all other member States to ensure the traceability of goods subject to veterinary control (supervision), for which the Republic of Kazakhstan applies requirements that differ from the requirements of regulations in the field of veterinary and sanitary measures included in the law of the Eurasian Economic Union, and produced from their products.

When goods subject to veterinary control (supervision) are moved from the Republic of Kazakhstan to other member States, in respect of which the Republic of Kazakhstan applies requirements that differ from the requirements of regulations in the field of veterinary and sanitary measures included in the law of the Eurasian Economic Union and products made from them, data on the traceability of the origin of these goods and products made from These products must be transferred to the appropriate national system of the Member State into whose territory the consignment is being transported. The import of the above-mentioned goods without transmitting data on their traceability is not allowed.

Violators of these requirements will be subject to appropriate liability measures provided for by the legislation of the Member States.

Article 5

1. This Protocol shall enter into force on the date of receipt by the depositary, through diplomatic channels, of the last written notification that the Member States have completed the internal procedures necessary for its entry into force.

2. Disputes related to the interpretation and/or application of this Protocol shall be resolved in accordance with the procedure established by article 112 of the Treaty.

3. By mutual agreement of the Member States, amendments may be made to this Protocol, which are formalized in separate protocols.

4. This Protocol is an international treaty concluded within the framework of the Eurasian Economic Union and is included in the law of the Eurasian Economic Union.

Done in Burabay on October 16, 2015, in one original copy in Russian.

The original copy of this Protocol shall be kept in the Eurasian Economic Commission, which, as the depositary of this Protocol, will send a certified copy to each Member State.

For the Republic

Armenia

For the Republic

Belarus

For the Republic

Kazakhstan

For Kyrgyz

The Republic

For the Russian

The Federation

I hereby certify that this text is a complete and authentic copy of the Protocol on Certain Issues of Import and Circulation of Goods in the Customs Territory of the Eurasian Economic Union, signed on October 16, 2015 in Burabay.:

for the Republic of Armenia - by the President of the Republic of Armenia S.A. Sargsyan;

for the Republic of Belarus - President of the Republic of Belarus Alexander Lukashenko;

for the Republic of Kazakhstan - by the President of the Republic of Kazakhstan N.A. Nazarbayev;

for the Russian Federation - President of the Russian Federation V.V. Putin;

for the Kyrgyz Republic - by the President of the Kyrgyz Republic A.Sh. Atambayev.

The original copy is kept at the Eurasian Economic Commission.

Director of the Legal Department

Of the Eurasian Economic Commission

V.I. Taraskin

President

Republic of Kazakhstan

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