On the ratification of the Customs Union Agreement on Veterinary and Sanitary Measures

Home / RLA / On the ratification of the Customs Union Agreement on Veterinary and Sanitary Measures

Law of the Republic of Kazakhstan dated June 30, 2010 No. 305-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 Veterinary and Sanitary Measures, signed in St. Petersburg on December 11, 2009.

President of the Republic of Kazakhstan N. Nazarbayev

Customs Union AGREEMENT on Veterinary and Sanitary Measures

(Bulletin of International Treaties of the Republic of Kazakhstan, 2010, No. 5, Article 47) (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 - Customs Union), hereinafter referred to as the Parties, in order to form a customs union, based on the Agreement on the Implementation of a coordinated policy in the field of technical regulation, sanitary and Phytosanitary measures of January 25, 2008, recognizing the expediency of a unified policy in the field of veterinary medicine, taking into account the rules and principles of the Sanitary Code of Terrestrial Animals and the Sanitary Code of Aquatic Animals animals of the International Epizootic Bureau, and also Agreements on cooperation in the field of veterinary medicine of the CIS member States dated March 12, 1993; Agreements on Technical Barriers to Trade and Agreements on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization, adopted following the results of the Uruguay Round of multilateral Trade negotiations on April 15, 1994 in Marrakesh, in order to ensure the protection of the customs territory of the Customs Union from the import and spread of pathogens of infectious animal diseases, including those common to humans and animals, and goods (products) that do not meet veterinary (veterinary and sanitary) requirements, have agreed as follows:

Article 1

The following concepts are used in this Agreement: "veterinary control (supervision)" is the activity of authorized bodies aimed at preventing the import and spread of pathogens of infectious animal diseases, including those common to humans and animals, and goods (products) that do not meet veterinary (veterinary and sanitary) requirements, as well as the prevention, detection, suppression of violations of the legislation of the Customs Union and legislation of the States of the Parties in the field of veterinary medicine; "veterinary and sanitary measures" are mandatory requirements and procedures applied in order to prevent animal diseases and protect the population from diseases common to humans and animals, in connection with emerging risks, including in the case of their transfer or spread by animals, with feed, raw materials and products of animal origin, as well as within the customs territory of the Customs Union; "authorized bodies" - state bodies and institutions of the States of the Parties engaged in activities in the field of veterinary medicine. 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.

Article 2

This Agreement applies to goods (products) controlled by veterinary control (supervision), including goods for personal use (hereinafter referred to as controlled goods), transported across the customs border of the Customs Union and in the customs territory of the Customs Union, included in the Unified List of Goods subject to Veterinary Control (Supervision) (hereinafter referred to as the Unified List). Controlled goods must comply with the Unified Veterinary (veterinary and Sanitary) Requirements for Goods Subject to Veterinary Control (supervision) (hereinafter referred to as the Unified Veterinary Requirements) and are subject to mandatory veterinary control (supervision) in accordance with the Regulation on the Unified Procedure for Veterinary Control at the Customs Border of the Customs Union and the Customs Territory of the Customs Union (next is the Regulation on the Unified control procedure).

Article 3

Authorized bodies carry out veterinary control (supervision) when moving controlled goods across the customs border of the Customs Union at checkpoints across the state borders of the States of the Parties or in other places defined by the legislation of the States of the Parties (hereinafter referred to as checkpoints), which are equipped and equipped with veterinary control facilities in accordance with the legislation of the States of the Parties.

Article 4

1. Each batch of controlled goods is imported into the customs territory of the Customs Union in accordance with Uniform Veterinary Requirements and subject to the availability of: a permit issued by the authorized body into whose territory the specified goods are imported, in accordance with the Regulation on the Unified Control Procedure, and (or) a veterinary certificate issued by the competent authority of the country of origin of the specified goods. On the basis of Common Veterinary Requirements, authorized bodies may bilaterally coordinate samples of veterinary certificates for controlled goods included in a Single List imported into the single customs territory of the Customs Union with the competent authorities of the country of origin (third party). Samples of the specified veterinary certificates are sent to The Commission of the Customs Union (hereinafter referred to as the Commission) for their transfer to the checkpoints. Controlled goods placed under the customs transit procedure are transported through the customs territory of the Customs Union in accordance with the Regulation on the Unified Control Procedure. 2. Controlled goods are transported from the territory of the State of one Party to the territory of the state of the other Party in accordance with Uniform Veterinary Requirements and are accompanied by a veterinary certificate. The Parties mutually recognize veterinary certificates issued by authorized bodies in accordance with uniform forms approved by the Commission. The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 03.03.2011 № 415-IV.

Article 5

1. On the basis of Uniform Veterinary Requirements, authorized bodies take measures to prevent the import and spread in the customs territory of the Customs Union of pathogens of infectious animal diseases, including those common to humans and animals, and goods (products) of animal origin that are dangerous in veterinary and sanitary terms. 2. Authorized bodies: in case of detection and spread on the territory of their states of infectious animal diseases, including those common to humans and animals, and goods (products) of animal origin that are dangerous in veterinary and sanitary terms, immediately, after the official diagnosis or confirmation of the insecurity of the goods (products), they send information about them, as well as about the accepted veterinary and sanitary measures in the EurAsEC Information System in the field of technical regulation, sanitary and phytosanitary measures and the Integrated Information System of Foreign and mutual Trade of the Customs Union; promptly notify the Commission of changes in the list of dangerous and quarantine animal diseases of the State of the Party; provide each other with scientific, methodological and technical assistance in the field of veterinary medicine.

Article 6

1. Authorized bodies, if necessary and by mutual agreement, in order to ensure compliance with the legislation of the Customs Union on the protection of the customs territory of the Customs Union from the import and spread of pathogens of infectious animal diseases, including those common to humans and animals, and goods (products) that do not meet veterinary (veterinary and sanitary) requirements, may conduct joint inspections of organizations and persons engaged in the production, processing and (or) storage of controlled goods imported into the customs territory of the Customs Union, as well as those being moved from the territory of the State of one Party to the territory of the State of the other Party. Joint inspection of facilities subject to veterinary control (supervision) is carried out in accordance with the Regulation on the Unified Procedure for Joint Inspections of Facilities and Sampling of Goods (Products) subject to Veterinary Control (Supervision) (hereinafter referred to as the Regulation on the Unified Procedure for Inspections). Financing of expenses related to joint inspections is carried out from the respective budgets of the States of the Parties, unless a different procedure is agreed in each specific case. The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 03.03.2011 No. 415-IV.

Article 7

1. The unified list of goods subject to veterinary control (supervision); The Unified veterinary (veterinary and sanitary) requirements for goods subject to veterinary control (supervision); The Regulation on the unified procedure for veterinary control at the customs border of the Customs Union and the customs territory of the Customs Union, as well as the Regulation on the unified procedure for joint inspections of facilities and sampling of goods (products) subject to veterinary control (supervision) approved by the Commission's decision. 2. Maintaining the documents specified in paragraph 1 of this article, The Consolidated List of Dangerous and Quarantine Animal Diseases of the States of the Parties, as well as the approval of uniform forms of veterinary certificates, shall be carried out by the Commission from the date on which the Parties grant it appropriate powers. For the purposes of this article, the maintenance of documents by the Commission means the introduction, in accordance with the established procedure, of amendments and additions to the documents of the Customs Union specified in paragraphs 1 and 2 of this Article, their subsequent approval and communication to the Parties. Proposals for amendments and additions to the documents specified in paragraphs 1 and 2 of this Article shall be submitted to the Commission for consideration in accordance with the established procedure on the proposal of the authorized bodies of either Party. The footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 03.03.2011 No. 415-IV.

Article 8

Each of the Parties has the right to develop and introduce temporary veterinary requirements and measures in case of receiving official information from relevant international organizations, States of the Parties, as well as third countries about the deterioration of the epizootic situation in the territory of third countries or States of the Parties. If the above information is available, but if there is insufficient scientific justification or if it cannot be provided within the required time, the Parties may take urgent veterinary and sanitary measures.

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 this dispute for consideration 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 St. Petersburg on December 11, 2009, in one original copy in the Russian language. The original copy of this Agreement is kept in The Commission of the Customs Union, which, as the depositary of this Agreement, will send each Party a certified copy.

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

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases