On the ratification of the Agreement on the Conditions and Mechanism for the Application of Tariff Quotas

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Law of the Republic of Kazakhstan dated November 24, 2009 No. 203-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 Conditions and Mechanism for the Application of Tariff Quotas, signed in Moscow on December 12, 2008.

President of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT on the conditions and mechanism for the application of tariff quotas

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 promote the deepening of economic integration and fair competition, guided by generally recognized norms and rules of international trade, have agreed as follows:

Article 1

The terms used in this Agreement mean the following: "similar product" - a product that is completely identical in its functional purpose, application, quality and technical characteristics to a product imported into a single customs territory under a tariff quota, or (in the absence of such a completely identical product) a product that has characteristics similar to those of a product imported into a single customs territory under a tariff quota, allowing the use of Its functional purpose is similar to that of goods imported into the single customs territory within the tariff quota., and can be replaced commercially by it; "import customs duty" is a mandatory payment levied by customs authorities when goods are imported into a single customs territory; "single customs territory" is a territory consisting of the customs territories of the states of the Parties; "Single Commodity Nomenclature of Foreign Economic Activity" is a commodity nomenclature of foreign economic activity based on a harmonized the system of description and coding of goods of the World Customs Organization; "Single customs tariff" is a set of customs duty rates applied to goods imported into the single customs territory from third countries, systematized in accordance with the Single Commodity Nomenclature of Foreign Economic Activity; "import of goods" is the import of goods into the customs territory of the state of the Party or into the single customs territory from the customs territories of third countries without obligation to the contrary export; "license" - a special document for the right to export and (or) import goods; "previous period" is the period for which the analysis of the volume of consumption of agricultural goods in the single customs territory and the volume of production of similar goods in the single customs territory is carried out.; "agricultural goods" are goods classified in groups 1 to 24 of the Harmonized Commodity Description and Coding System of the World Customs Organization, as well as goods such as mannitol, D-glucite (sorbitol), essential oils, casein, albumins, gelatin, dextrins, modified starches, sorbitol, hides, leather, raw materials fur, raw silk, silk waste, animal hair, raw cotton, cotton waste, carded cotton fiber, raw flax and raw hemp; "import customs duty rate" - the amount (magnitude) of the import customs duty; "tariff quota" is a measure regulating the import into a single customs territory of certain types of agricultural goods originating from third countries, which provides for the application during a certain period of time of a lower rate of import customs duty on the import of a certain quantity of goods (in physical or monetary terms) compared with the rate of import customs duty applied in accordance with a Single Customs tariff; "third countries" - countries that are not parties to this Agreement; "authorized state executive authority" - the executive authority of the State of the Party, authorized to issue licenses; "participants in foreign trade activities" - legal entities, as well as organizations that are not legal entities, registered in one of the states of the Parties and established in accordance with the legislation of that state, as well as individuals who have permanent or preferential residence in the territory of one of the States of the Parties, who are citizens of that state or have the right of permanent residence. They are either registered as individual entrepreneurs in accordance with the legislation of that state.

Article 2

1. When regulating the import of agricultural goods originating from third countries into the single customs territory, it is allowed to provide benefits (preferences) in the form of setting tariff quotas for their import if similar goods are produced (mined, grown) in the single customs territory. 2. The agricultural goods specified in paragraph 1 of this Article imported into the single customs territory in excess of the established quantity (quota) shall be subject to import customs duties in accordance with the Single Customs Tariff.

Article 3

1. Tariff quotas for preferential import of agricultural goods are established by the Eurasian Economic Commission (hereinafter referred to as the Commission) from the date on which the Parties grant it the authority to establish a Single Customs Tariff in order to meet market needs, stimulate agricultural production and promote international trade. 2. The amount of the tariff quota established by the Commission for the import of goods into the single customs territory may not exceed the difference between the volume of consumption of such goods in the single customs territory and the volume of production of similar goods in the single customs territory. At the same time, if for the state of one of the Parties the volume of production of a similar product is equal to or exceeds the volume of its consumption, then such a difference may not be taken into account when calculating the volume of the tariff quota for the single customs territory. 3. If the volume of production of a similar product is equal to or exceeds the volume of consumption in the single customs territory, the establishment of a tariff quota is not allowed. 4. The rates of import customs duties on agricultural goods imported into the single customs territory within the tariff quota are established by the Commission from the date on which the Parties grant it the authority to maintain the Single Customs Tariff.  The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 04/16/2014 No. 192-V (for the procedure of entry into force, see art. 3).

Article 4

1. The Commission shall distribute the amount of the tariff quota between the States of the Parties within the difference between the volumes of production and consumption in each of the States of the Parties, which was taken into account when calculating the amount of the tariff quota for the single customs territory in accordance with Article 3 of this Agreement. In this case, the Commission or the Parties, in accordance with the decision of the Commission, determine the method and procedure for distributing the tariff quota among participants in foreign trade activities, and also, if necessary, distribute the tariff quota among third countries. 2. Customs clearance of goods imported into the single customs territory within the framework of tariff quotas for free circulation is carried out in the State of the Party in which the tariff quota was allocated to the participant in foreign trade activities. In this case, a necessary condition is the availability of a license for the import of such goods, issued by the authorized state executive authority of the State of this Party. 3. Licenses are issued on the basis of applications from participants in foreign trade activities who have been allocated quotas.  The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 04/16/2014 No. 192-V (for the procedure of entry into force, see art. 3).

Article 5

The distribution of tariff quotas among participants in foreign trade activities is based on their equality in obtaining quotas and non-discrimination based on their form of ownership, place of registration or market position.

Article 6

When making a decision on the application of a tariff quota for the import of agricultural goods, the Commission shall comply with the following provisions: a) setting a tariff quota (regardless of whether it will be distributed among third countries or not) for a certain period; b) informing all interested third countries about the amount of the tariff quota allocated by them, if the tariff quota is distributed among third countries; c) publication of information on the application of the tariff quota, its scope and duration, the rates of import customs duties imposed on goods imported within the tariff quota, as well as on its distribution between third countries.

Article 7

1. The distribution of the tariff quota between third countries, if the Commission has made such a decision, is usually carried out by the Commission on the basis of the results of consultations with all significant suppliers from third countries. 2. In this article, significant suppliers from third countries are understood to mean suppliers who have a share of 10 percent or more in the import of agricultural goods into the single customs territory. 3. If the distribution of the tariff quota cannot be carried out based on the results of consultations with all significant suppliers from third countries, the decision on the distribution of quotas among third countries should be made by the Commission, taking into account the volume of agricultural supplies from these countries during the previous period. 4. The Commission does not establish any conditions or formalities that may prevent any third country from fully using the tariff quota allocated to it, provided that the supply of agricultural goods is carried out during the period of the tariff quota. 5. The selection of the previous period for the agricultural product in respect of which the tariff quota is introduced is carried out by the Commission. At the same time, as a rule, any previous three years are taken for such a previous period, for which information reflecting the actual volume of imports is available. If it is not possible to select such a previous period, the tariff quota is allocated based on an estimate of the most likely distribution of the actual volume of imports. 6. In this article, the actual volume of imports is understood as the volume of imports in the absence of restrictions. 7. Upon receiving a request from any third country interested in the supply of agricultural goods, the Commission should consult on: a) the need to redistribute the established tariff quota; b) changes in the selected previous period.; c) the need to cancel the conditions, formalities or any other provisions established unilaterally with respect to the distribution of the tariff quota or its unlimited use.

Article 8

1. In connection with the application of tariff quotas for agricultural goods, the Commission must: a) provide, at the request of a third country interested in the supply of agricultural goods, information on the procedure for the distribution of tariff quotas, the mechanism of its distribution among participants in foreign trade activities and the volume of tariff quotas for which licenses have been issued; b) publish information on the total quantity or value of agricultural goods, the import of which will be allowed for a certain time in the future, as well as on the dates of the beginning and end of the tariff quota and any changes. 2. Except in cases where the tariff quota is distributed between third countries, the Commission does not have the right to require that licenses be used for the import of agricultural goods from any particular third country.

Article 9

Disputes between the Parties related to the interpretation and (or) application of this Agreement 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 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 Moscow on December 12, 2008, in one original copy in the Russian language. The original copy of this Agreement 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 each Party a certified copy of this Agreement.

For the Government For the Government For the Government of the Republic of the Republic Russian Belarus Kazakhstan Federations

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.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.

Director Legal Department of V.S. Knyazev

President

Republic of Kazakhstan

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