AGREEMENT

of November 22, 2021

About procedure and conditions of elimination of technical barriers in mutual trade with the third countries

The state members of the Eurasian Economic Union which are hereinafter referred to as with state members

based on provisions of the Agreement on the Eurasian Economic Union of May 29, 2014 (further - the Agreement),

recognizing need of deepening within the Eurasian Economic Union (further - the Union) integration processes in the field of technical regulation,

in view of the rules and the principles established by the Agreement on the technical barriers in trade of the World Trade Organization containing in appendix 1A to the Agreement on organization of the World Trade Organization of April 15, 1994 agreed as follows:

Article 1

1. This agreement determines procedure and conditions of elimination of technical barriers in mutual trade of state members with the third countries in products which are object of technical regulation of technical regulations of the Union.

2. Elimination of technical barriers in mutual trade with the third countries is performed by means of the conclusion of international treaties of the Union with such countries (further - the international agreements of the Union) taking into account provisions of this agreement.

Article 2

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

"documents on assessment of conformity" - documents which according to the Agreement, requirements of technical regulations of the Union and (or) acts of the Eurasian economic commission or the legislation of the third countries are processed by results of assessment of conformity;

"technical barriers in mutual trade" - differences of requirements in the field of technical regulation, including the technical regulations of the Union, standards and assessment procedures of compliance applied within the Union from requirements in the field of technical regulation, including the normative and technical documents regulating obligatory for application in the territory of the third country of the requirement to objects of technical regulation, the standards and assessment procedures of compliance applied in the third country concerning the types of products of the same name, the creating obstacles in mutual trade of state members with the third countries;

"the third country" - the state or merging of the states which are not members of the Union.

Other concepts used in this agreement are applied in the values defined by the Agreement.

Article 3

The conclusion of international treaties of the Union is performed taking into account possibility of accomplishment of the following conditions:

ensuring compliance of products released within the Union, to the requirements established by technical regulations of the Union and ensuring compliance of products released in the territory of the third country, to the requirements established by the legislation of the third country;

recognition of results of assessment of conformity based on determination of comparability of the mandatory requirements established by technical regulations of the Union concerning products released within the Union, and the requirements established by the legislation of the third country for products released in the territory of the third country;

availability in the third country of accreditation body which is determined as competent (representative) according to the legislation of the third country and performs accreditation of conformity assessment bodies according to requirements of international standards in the field of accreditation;

ensuring equivalence applied in state members and in the third country of procedures of accreditation of conformity assessment bodies by implementation by accreditation bodies of state members and the third country of mutual comparative estimates of the specified procedures according to requirements of international standards in the field of accreditation;

ensuring equivalence of the assessment procedures of compliance which are carried out within the Union and in the third country;

mutual recognition by state members and the third country of results of assessment of conformity of objects of technical regulation to mandatory requirements which are received by the conformity assessment bodies authorized (appointed) states - members and the third country respectively (further - mutual recognition of results of assessment of conformity).

Article 4

The international agreements of the Union, as a rule, shall contain:

the provisions providing obligations of state members and the third country taking into account the conditions specified in Article 3 of this agreement;

the list of products (groups, products types) concerning which technical barriers are eliminated (further - products concerning which technical barriers are eliminated);

the list of the documents establishing requirements to products concerning which technical barriers are eliminated;

obligations of state members and the third country on exchange of the documents establishing requirements to products concerning which technical barriers, and also information on the changes made to the specified documents are eliminated;

regulations on authorization (appointment) of conformity assessment bodies to work on mutual recognition of results of assessment of conformity according to the legislation of state members and the legislation of the third country;

the provisions determining procedure for exchange of information about the authorized (appointed) conformity assessment bodies of state members and the third country, and also the obligation of state members and the third country by submission of the specified information to the Eurasian economic commission (further - the Commission);

the provisions providing procedure for mutual recognition of results of assessment of conformity;

the provisions providing procedure and terms of implementation by accreditation bodies of state members and the third country of mutual comparative estimates of the applied procedures of accreditation of conformity assessment bodies;

procedure for permission of the matters of argument connected with results of work on mutual recognition of results of assessment of conformity;

other provisions concerning questions of elimination of technical barriers in mutual trade.

Article 5

The international agreements of the Union, as a rule, contain the following assessments of conformity of provision connected with mutual recognition of results:

submission by the applicant to the authorized (appointed) conformity assessment body of state member or the third country of the documents on assessment of conformity (including protocols of researches (testing) or measurements or other documents) issued by relevant organ of state member or the third country;

procedure for consideration by the authorized (appointed) conformity assessment body of state member or the third country of the documents on assessment of conformity submitted by the applicant;

acceptance by the authorized (appointed) conformity assessment body of state member or the third country of the decision on possibility of recognition of results of assessment of conformity;

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