On the ratification of the Agreement on the Circulation of Products Subject to Mandatory Conformity Assessment (Confirmation) in the Customs Territory of the Customs Union

Home / RLA / On the ratification of the Agreement on the Circulation of Products Subject to Mandatory Conformity Assessment (Confirmation) in the Customs Territory of the Customs Union

The Law of the Republic of Kazakhstan dated May 20, 2010 No. 276-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 Agreement on the Circulation of Products subject to Mandatory Conformity Assessment (Confirmation) in the Customs Territory of the Customs Union, signed in St. Petersburg on December 11, 2009.

President

Republic of Kazakhstan

N. Nazarbayev

AGREEMENT on the Circulation of products subject to Mandatory Conformity Assessment (Confirmation) in the Customs Territory of the Customs Union (Bulletin of International Treaties of the Republic of Kazakhstan, 2010, No. 5, Article 44) (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,

Based on the Treaty Establishing the Eurasian Economic Community of October 10, 2000, the Treaty on the Customs Union Commission of October 6, 2007, the Treaty on the Establishment of a Single Customs Territory and the Formation of the Customs Union of October 6, 2007, and the Agreement on the Implementation of a Coordinated Policy in the Field of Technical Regulation, Sanitary and Phytosanitary Measures of January 25, 2008,

for the purposes of:

creation of the customs territory and formation of the customs union of the states of the Parties,

creating conditions for ensuring the free circulation of products (goods) in the customs territory of the Customs Union,

determining the procedure for the importation into the customs territory and movement between the territories of the States of the Parties of products subject to mandatory conformity assessment (confirmation),

have agreed on the following:

Article 1

This Agreement applies to products subject to mandatory conformity assessment (hereinafter referred to as products) imported into the single customs territory, as well as products transported from the territory of the state of one Party to the territories of the States of the other Parties.

This Agreement applies to products until the entry into force of the technical regulations of the Eurasian Economic Community for these products.

Article 2

The Parties shall pursue a coordinated policy in the field of conformity assessment in order to achieve:

mutual recognition of the accreditation of certification bodies (conformity assessment (confirmation)) and testing laboratories (centers) performing conformity assessment (confirmation) work (hereinafter referred to as certification bodies and testing laboratories (centers);

mutual recognition of the results of work on the mandatory assessment (confirmation) of conformity (hereinafter referred to as confirmation of conformity) of products;

ensuring equal conditions for applicants (manufacturers, suppliers and importers) of the States of the Parties in relation to the confirmation of conformity of products with the requirements established by the legislation of the States of the Parties.

The terms of mutual recognition of the accreditation of certification bodies and testing laboratories (centers) are determined by a separate agreement of the Parties.

Article 3

The products are allowed for circulation in the territory of the state of the Party in accordance with the legislation of the state of this Party and this Agreement.

Article 4

1. In order to implement this Agreement, a Unified Register of Certification bodies and testing Laboratories (centers) of the Customs Union (hereinafter referred to as the Unified Register) is being formed.

The procedure for including certification bodies and testing laboratories (centers) in the Unified Register, as well as the formation and maintenance of a Unified Register, is established by the Commission of the Customs Union.

2. Products for which the Parties have established the same mandatory requirements, the same forms and schemes of conformity assessment, and the same or comparable methods of research (testing) and measurement of products are used during conformity assessment, are allowed to be traded in the single customs territory if they have passed the established conformity assessment procedures in the territory of any of the States of the Parties in compliance with the following conditions:

certification by the certification body included in the Unified Register;

conducting tests in testing laboratories (centers) included in the Unified Register;

certificates of conformity and declarations of conformity are issued in a single form.

The uniform form of certificates of conformity and declarations of conformity is established by the Customs Union Commission.

3. The products specified in paragraph 2 of this Article are included in the Unified List of Products subject to Conformity Assessment within the Customs Union with the issuance of unified documents (hereinafter referred to as the Unified List).

The formation, approval and maintenance of a Single List is carried out by the Commission of the Customs Union.

Article 5

When confirming the conformity of products, the results of product tests (test reports) obtained in the state of one Party are recognized by the certification body included in the Unified Register, the State of the destination Party, subject to the following conditions:

the use of identical or comparable methods of research (testing) and measurement of products;

conducting tests in testing laboratories (centers) included in the Unified Register.

Article 6

1. The declaration of conformity of products manufactured in the territory of the State of one Party, supplied to the States of other Parties and subject to declaration of conformity in the State of the destination Party, is accepted by the manufacturer of the State of the Party in whose territory the products are manufactured, or by the supplier of the State of the Destination Party in accordance with the legislation of the State of the destination Party.

2. A manufacturer of the State of the Party in whose territory the products are manufactured who has accepted a declaration of compliance with violations of the declaration rules of the State of destination, if at least one of the violations has resulted in the release into circulation of products that do not meet the established requirements, is liable in accordance with the legislation of the State of destination.

Article 7

1. The authorized bodies of the States of the Parties, in case of detection of non-compliance of products with the mandatory requirements established by the legislation of the States of the Parties, when conducting state control (supervision) on the territory of their states, notify the authorized bodies of the States of the other Parties as soon as possible and take measures to prevent such products on their territory.

2. Additional confirmation of conformity with respect to products supplied or supplied from Countries that are not parties to this Agreement (hereinafter referred to as - third countries), and has passed the established conformity assessment procedures in the state of one of the Parties, is carried out if information is received from the authorized bodies of the States of the Parties that carry out and (or) coordinate work on technical regulation, sanitary, veterinary and phytosanitary measures, from international organizations or from third countries that these products pose a danger. for human life and health, property and the environment, the life and health of animals and plants, or there is consumer deception.

Article 8

The Parties shall ensure that the necessary information and documents related to conformity assessment are provided to the Customs Union Commission in accordance with the decision of the Customs Union Commission.

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 the dispute to the Court of the Eurasian Economic Community for consideration.

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 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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