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AGREEMENT

of August 9, 2019

About cross-border movement of dangerous wastes on customs area of the Eurasian Economic Union

Governments of state members of the Eurasian Economic Union,

based on article 29 of the Agreement on the Eurasian Economic Union of May 29, 2014,

aiming to create favorable conditions for effective functioning of the Eurasian Economic Union (further - the Union),

confirming the commitment to the principles of accomplishment of the international obligations provided by the Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their removal of March 22, 1989 (further - the Basel convention) which participants are state members of the Union (further - state members),

agreed as follows:

Article 1

This agreement governs the relations connected with cross-border movement of the dangerous wastes specified in Sections 1.2 and 2.3 of the single inventory to which measures of the non-tariff regulation in trade with the third countries provided by the Protocol on measures of non-tariff regulation concerning the third countries are applied (appendix No. 7 to the Agreement on the Eurasian Economic Union of May 29, 2014) (further - waste) on customs area of the Union when implementing mutual trade of state members.

Article 2

For the purposes of this agreement the used concepts mean the following:

"state bodies" - the bodies of state members performing functions according to the prevention, identification and suppression of violations of the requirements established by this agreement and the legislation of state members in case of cross-border movement of waste;

"the conclusion (the allowing document)" - the document confirming the right to cross-border movement of waste;

"applicant" - the legal entity or physical person registered as the individual entrepreneur, the conclusions (the allowing document) for cross-border movement of waste which filed in competent authority petition for obtaining;

"competent authority" - the body of state member authorized on issue of the conclusions (allowing documents);

"cross-border movement of waste" - export of the waste which is goods of the Union from the territory of one state member and their import to the territory of other state member, including through the territory of the third state member (internal transit), and/or the territory of the state which is not the member of the Union and also export of waste from the territory of one state member and their import to the territory of the same state member through the territory of other state member.

Other concepts used in this agreement are applied according to the Basel convention, the Agreement on the Eurasian Economic Union of May 29, 2014 and the international treaties signed within the Union.

Article 3

Action of this agreement extends to the legal entities and physical persons registered as the individual entrepreneurs performing cross-border movement of waste when implementing mutual trade of state members.

Cross-border movement of waste by physical persons for private use is forbidden.

Article 4

Cross-border movement of waste through the territory of the state which is not the member of the Union when moving from the territory of one state member of the territory of other state member, is performed according to provisions of the Basel convention.

Article 5

In state members control and supervision of cross-border movement of waste according to the legislation of state members are exercised.

In state members cross-border movement of waste for the purpose of their burial and (or) neutralization is not allowed.

Article 6

Cross-border movement of waste is performed based on the conclusion (the allowing document) issued by competent authority in the single form approved by the Eurasian economic commission.

The conclusion (the allowing document) is issued to the applicant according to the procedure and the terms established by the legislation of state members.

The conclusion (the allowing document) for export of waste is issued by competent authority of state member from which territory their export, in the presence of the conclusion (the allowing document) for import of such waste issued by competent authority of state member on which territory their import is supposed is supposed.

Issue of the conclusion (the allowing document) for export of waste in case of internal transit is performed in the presence of the conclusion (the allowing document) for their import specified in paragraph three of this Article, and conclusion (the allowing document) for internal transit issued by competent authority of state member through which territory cross-border movement of waste is supposed.

Issue of the conclusion (the allowing document) in case of cross-border movement of waste from the territory of one state member on the territory of the same state member through the territory of other state member is performed by competent authority of state member through which territory waste, after receipt of the notification according to the Basel convention from competent authority of state member, with which territory and on which territory cross-border movement of waste is supposed moves.

Copies of the conclusions (allowing documents) are attached to set of shipping documents.

Article 7

State bodies of state member on which territory import of waste was performed and (or) state member through which territory cross-border movement of waste was performed, in case of identification of the facts of cross-border movement of waste without the conclusions (allowing documents), and also in case of discrepancy of the data specified in the conclusions (allowing documents), to the data received during control and supervision of cross-border movement of waste within 3 working days from the date of identification of such facts through competent authority of the state inform on it competent authority of state member from which territory export of waste was performed.

Article 8

Competent authority of state member from which territory export of waste was performed, in case of receipt of information, stipulated in Article the 7th this agreement:

in case of cross-border movement of waste without the conclusion (the allowing document) - takes measures for return of waste or their removal by ecologically reasonable method according to regulations of the Basel convention;

in case of discrepancy of the data specified in the conclusion (the allowing document), to the data received during control and supervision of cross-border movement of waste:

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