On the Ratification of the Protocol on the Conditions and Procedure for the Application, in Exceptional Cases, of Import Customs Duty Rates Other than those of the Single Customs Tariff

Home / RLA / On the Ratification of the Protocol on the Conditions and Procedure for the Application, in Exceptional Cases, of Import Customs Duty Rates Other than those of the Single Customs Tariff

Law of the Republic of Kazakhstan dated November 24, 2009 No. 202-IV

RCPI's note! The Protocol 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 Protocol on the Conditions and Procedure for the Application, in Exceptional Cases, of Import Customs Duty Rates Other than those of the Single Customs Tariff, signed in Moscow on December 12, 2008.

President of the Republic of Kazakhstan N. Nazarbayev

PROTOCOL on the conditions and procedure for the application, in exceptional cases, of import customs duty rates other than those of the Unified Customs Tariff

The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, in order to implement paragraph 6 of Article 4 of the Agreement on Common Customs and Tariff Regulation of January 25, 2008, guided by generally recognized norms and rules of international trade, agreed as follows:

Article 1

In this Protocol, the terms "Single Customs Tariff", "import customs duty rate" and "Single Commodity Nomenclature of Foreign Economic Activity" are used in the meanings defined in Article 2 of the Agreement on Common Customs and Tariff Regulation of January 25, 2008.

Article 2

From the date of the entry into force of the Single Customs Tariff and the granting of authority to manage it to the Eurasian Economic Commission (hereinafter referred to as the Commission), a higher or lower rate of import customs duty compared to the rate of the Single Customs Tariff (hereinafter referred to as the higher or lower rate) may be applied by one of the Parties in respect of goods originating from third countries. in exceptional cases, on the basis of a decision of the Council of the Commission adopted in accordance with this Protocol. The application of a higher rate by one of the Parties may be proposed by that Party if such a measure is a necessary condition for the development of the economic sector of the State of that Party. The application of a lower rate by one of the Parties may be proposed by this Party in the event of an acute shortage of goods, if such a measure is a necessary condition for meeting the socially significant needs of the population or the needs of production development, which largely depends on traditional imports from third countries and cannot be carried out through the production of this or similar goods in the customs union. the union.  The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 18.11.2013 No. 140-V.

Article 3

1. For consideration by the Commission of the issue of applying a higher or lower rate by one of the Parties, this Party submits to the Commission a proposal on the application of a higher or lower rate, accompanied by a justification for the need for its application. 2. The offer to apply a higher or lower rate must contain the following information: a) the size of the Single Customs Tariff rate for the goods; b) information on the volume of production and demand for goods both in the state of the Party making the offer and in the Customs Union as a whole (in physical and monetary terms); c) information on the volume of imports of goods both by the State of the Party making the offer and by the Customs Union as a whole; d) estimated period of application a higher or lower rate; e) measures to be taken by other Parties to achieve the objectives of applying a higher or lower rate. 3. The justification for the need to apply a higher or lower rate should contain statistical data, financial and economic calculations and other information confirming the expediency of applying a higher or lower rate and the impossibility of achieving the goals of its application by other means, as well as an assessment of the consequences of its application for the markets of the Parties and an assessment of possible actions by third countries. 4. The Commission shall send a proposal on the application of a higher or lower rate by one of the Parties to the other Parties. 5. The issue of applying a higher or lower rate by one of the Parties is considered by the Commission within 30 days from the date of receipt of the proposal to apply a higher or lower rate by the Commission.

Article 4

1. The decision on the application of a higher or lower rate by one of the Parties is made by the Council of the Commission subject to the following conditions: a) the validity of the application of a higher or lower rate; b) the disagreement of the other Parties to the corresponding change in the rate of the Single Customs Tariff. 2. The decision on the application of a higher or lower rate by one of the Parties is made by the Council of the Commission on the basis of consensus. 3. The decision of the Council of the Commission on the application of a higher or lower rate by one of the Parties must contain the following information: a) the name of the product; b) the product code according to the Unified Commodity Nomenclature of Foreign Economic Activity; c) the period of application of a higher or lower rate by a Party; d) the amount of a higher or lower rate; e) measures to be taken by other Parties to achieve the objectives of applying a higher or lower rate. 4. The period of application of a higher or lower rate by one of the Parties may not exceed six months, unless otherwise established by a relevant decision of the Council of the Commission. 5. The issue of extending the period of application of a higher or lower rate for the next six months may be submitted by the interested Party no later than one month before the expiration of this period.  The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 18.11.2013 No. 140-V.

Article 5

1. The Commission shall maintain a list of goods for which the Parties apply higher or lower import rates. 2. The following information is included in the list specified in paragraph 1 of this article: a) the product name; b) the product code according to the Unified Commodity Nomenclature of Foreign Economic Activity; c) The Party applying the higher or lower rate; d) the amount of the higher or lower rate; e) the period of application of the higher or lower rate; f) the amount of the Single Customs Tariff rate.

Article 6

This Protocol is valid for five years from the date of entry into force and is not subject to renewal.

Article 7

Disputes between the Parties related to the interpretation and (or) application of this Protocol shall be resolved through consultations and negotiations of the Parties concerned, and in case of failure to reach an agreement, the dispute, on the initiative of any of the interested Parties, shall be referred to the Court of the Eurasian Economic Community.

Article 8

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

Article 9

The procedure for entry into force, accession to and withdrawal from this Protocol 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 Moscow on December 12, 2008, in one original copy in the Russian language. The original copy of this Protocol shall be kept by the depositary, which, prior to the transfer of the functions of the depositary to the Commission, is the Integration Committee of the Eurasian Economic Community The procedure for entry into force,n to and withdrawal from this Protocol 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 Moscow on December 12, 2008, in one original copy in the Russian language. The original copy of this Protocol shall be kept by the depositary, which, prior to the transfer of the functions of the depositary to the Commission, is the Integration Committee of the Eurasian Economic Community. The Depositary will send to each Party a certified copy of this Protocol.

For the Government For the Government For the Government  Republics Republics Russian Belarus  Kazakhstan Federation

I hereby certify that these texts are complete and authentic copies of the Decision of the Interstate Council of the Eurasian Economic Community (the supreme body of the Customs Union) No. 4 and its annexes, signed on December 12, 2008 in Moscow on behalf of the Republic of Belarus by Prime Minister of the Republic of Belarus S. I hereby certify that these texts are complete and authentic copies of the Decision of the Interstate Council of the Eurasian Economic Community (the supreme body of oms Union) No. 4 and its annexes, signed onDecember 12, 2008 in Moscow on behalf of the Republic of Belarus by Prime Minister of the Republic of Belarus S.S. Sidorsky, on behalf of the Government of the Republic of Kazakhstan by the Prime Minister of the Republic of Kazakhstan Masimov K.K., from the Government of the Russian Federation - Chairman of the Government of the Russian Federation Putin V.V. The original copy is kept in the Integration Committee of the Eurasian Economic Community.

Head of Legal Department V.S. Knyazev Department

President

Republic of Kazakhstan

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