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AGREEMENT OF EURASIAN ECONOMIC COMMUNITY

of January 25, 2008

About carrying out coordinated policy in the field of technical regulation, sanitary and phytosanitary measures

(Protocol as amended of 19.05.2011)

The governments of state members of Eurasian economic community (further - EurAsEC) which are hereinafter referred to as with the Parties

based on the single principles providing free movement of goods

for the purpose of deepening of integration processes in Eurasian economic community and creations of custom union,

recognizing feasibility of carrying out coordinated policy in the field of technical regulation, sanitary, veterinary and sanitary and phytosanitary measures (further - sanitary and phytosanitary measures),

in view of the rules and the principles established by the Agreement on technical barriers in trade and the Agreement on application of sanitary and phytosanitary measures of the World Trade Organization, accepted on the Uruguayan round of multilateral trade negotiations on April 15, 1994,

recognizing that taking measures, necessary for quality assurance of its export, protection of life and health of the person, property, environmental protection, life and health of animals and plants, preventions of the actions misleading consumers is not prevented any Party

aiming at elimination of unreasonable restrictions in mutual trade,

agreed as follows:

Article 1

The concepts used in this agreement mean the following:

"accreditation" - official recognition of competence by accreditation body of body (laboratory) by assessment (confirmation) of compliance to requirements to performance of work in certain area of assessment (confirmation) of compliance;

"safety" - lack of the unacceptable risk connected with possibility of damnification and (or) causing damage;

"the state control (supervision)" - check of accomplishment by authorized state body by the physical person or legal entity performing business activity, requirements of technical regulations, observance of sanitary and phytosanitary measures and taking measures to results of check;

"the declaration of conformity to the technical regulation of EurAsEC" - the document which the manufacturer (person authorized by the manufacturer, the seller) certifies compliance issued in the product circulation to requirements of technical regulations of EurAsEC;

"declaring of compliance" - form of confirmation by the manufacturer (authorized by the manufacturer person, the seller) compliance issued in the product circulation to requirements of technical regulations of EurAsEC;

"single customs area" - the territory consisting of customs areas of the State Parties of custom union;

"single market circulation mark of state members of EurAsEC" - the designation serving for informing acquirers (consumers) on compliance issued in the product circulation to requirements of technical regulations of EurAsEC;

"international standard" - the standard accepted by the international organization;

"the national authorities of the states of the Parties given authority" - the state bodies of the states of the Parties which are carrying out and (or) coordinating works on technical regulation, sanitary and phytosanitary measures;

"the national (state) standard" - the standard accepted by national authority on standardization of the state of the Party;

"accreditation body" - body or the legal entity authorized according to the legislation of the state of the Party on carrying out accreditation;

"certification body (assessment (confirmation) of compliance)" - the body accredited and (or) appointed according to the legislation of the state of the Party for implementation of confirmation of conformity;

"assessment of conformity" - direct or indirect determination of observance of requirements imposed to object of technical regulation;

"confirmation of conformity" - the documentary certificate of compliance of products or other objects, production processes, operation (use), storage, transportation (transportation), realization and utilization of products, performance of works or rendering services to requirements of the technical regulations, standards and other documents containing the product characteristic and the related processes which can have voluntary or binding character;

"products" - the result of activities provided in material and material form and intended for further use in economic and other purposes;

"regional standard" - the standard accepted by regional standardization organization, including Interstate council on standardization, metrology and certification of the Commonwealth of Independent States or the Interstate scientific and technical commission on standardization and technical regulation in construction of the Commonwealth of Independent States;

"risk" - combination of probability of damnification and effects of this harm for life or health of the person, property, the environment, life or health of animals and plants;

"sanitary and phytosanitary measures" - the health, veterinary and sanitary and phytosanitary requirements and procedures, obligatory for execution, applied for the purpose of:

protection of life and health of the person and animals against the risks arising from additives of pollutants, toxins or pathogenic organisms in foodstuff, drinks, sterns and other products;

protection of life and health of animals and plants against the risks arising in connection with penetration, rooting (fixing) or distribution having quarantine value for the states of the Parties of wreckers of plants, causative agents of diseases of plants and animals, plants (weeds), organisms - carriers of diseases or pathogenic organisms;

protection of life and health of the person against the risks arising in connection with the diseases transferred by animals, plants or products from them;

prevention or restrictions of other damage caused by penetration, rooting (fixing) or distribution having quarantine value for the states of the Parties of wreckers of plants, causative agents of diseases of plants and animals, plants (weeds), pathogenic organisms, including in case of transfer or distribution by their animals and (or) plants, with products, loads, materials, vehicles;

"the certificate of conformity to the technical regulation of EurAsEC" - the document which the certification body (assessment (confirmation) of compliance) certifies compliance of products or other objects to requirements of technical regulations of EurAsEC;

"certification" - form of obligatory confirmation of conformity by certification body (assessment (confirmation) of compliance) of products or other objects to requirements of technical regulations of EurAsEC;

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