CUSTOMS UNION AGREEMENT

of December 12, 2008

About conditions and the mechanism of application of the tariff quotas

The government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation which are hereinafter referred to as with the Parties

for the purpose of assistance to deepening of economic integration and fair competition,

being guided by the universally recognized norms and rules of international trade,

agreed as follows:

Article 1

The concepts used in this agreement mean the following:

"similar goods" - goods which on the functional purpose, application, quality and technical characteristics are completely identical to the goods imported on single customs area within the tariff quota or (for lack of such completely identical goods) goods which have the characteristics close to characteristics of the goods imported on single customs area within the tariff quota, allowing to use it for the functional purpose similar to purpose of the goods imported on single customs area within the tariff quota and can be replaced in the commercial relation with it;

"import customs duty" - the obligatory payment levied by customs authorities in case of commodity importation on single customs area;

"single customs area" - the territory consisting of customs areas of the states of the Parties;

"The single commodity nomenclature of foreign economic activity" - the commodity nomenclature of foreign economic activity based on harmonized commodity description and coding system of World Customs Organization;

"Common customs tariff" - the code of rates of the customs duties applied to the goods imported on single customs area from the third countries, systematized according to the Single commodity nomenclature of foreign economic activity;

"commodity import" - commodity importation on customs area of the state of the Party or on single customs area from customs areas of the third countries without obligation about the return export;

"license" - the special document on the right of implementation of export and (or) commodity import;

"preceding period" - the period concerning which the analysis of amounts of consumption of agricultural goods on single customs area and production volumes of similar goods on single customs area is carried out;

"agricultural goods" - goods which are classified in groups 1 - 24 harmonized commodity descriptions and coding systems of World Customs Organization and also such goods as mannitol, D - glyutsit (sorbite), essential oils, casein, albumine, gelatin, dextrins, the modified starches, sorbite, skins, skin, raw materials pushno - fur, raw silk, schappes, hair of animals, cotton - raw, cotton waste, fiber cotton combed, flax - raw and hemp - raw;

"rate of import customs duty" - the amount (size) of the import customs duty;

"tariff quota" - the measure of regulation of import to single customs area of separate types of the agricultural goods coming from the third countries, providing application during the certain period of lower rate of import customs duty when importing certain goods quantity (in natural or value term) in comparison with rate of the import customs duty applied according to the Common customs tariff;

"the third countries" - the countries, not being participants of this agreement;

"authorized state body of the executive authority" - the executive body of the state of the Party given the right of issue of licenses;

"participants of foreign trade activity" - the legal entities, and also the organizations who are not legal entities, registered in one of the states of the Parties and created according to the legislation of this state and also the physical persons taking the permanent or preferential residence in the territory of one of the states of the Parties, being citizens of this state or having the right of permanent residence in it or registered as individual entrepreneurs according to the legislation of this state.

Article 2

1. When implementing regulation of import to single customs area of the agricultural goods coming from the third countries provision of privileges (preferences) in the form of establishment of the tariff quotas on their import is allowed if similar goods are made (are got, grown up) on single customs area.

2. Import customs duties according to the Common customs tariff are applied to the agricultural goods specified in Item 1 of this Article imported on single customs area over assigned amount (quota).

Article 3

1. The tariff quotas on preferential import of agricultural goods are established by the Eurasian economic commission (further - the Commission) from the date of provision by it by the Parties of powers on maintaining the Common customs tariff for the purpose of requirements satisfaction of the market, stimulation of agricultural production and assistance to development of international trade.

2. The amount of the tariff quota established by the Commission on commodity importation on single customs area cannot exceed difference between amount of consumption of such goods on single customs area and production volume of similar goods on single customs area. At the same time if for the state of one of the Parties the production volume of similar goods is equal to amount of its consumption or exceeds it, then such difference can not be taken into account when calculating amount of the tariff quota for single customs area.

3. If the production volume of similar goods is equal to amount of its consumption on single customs area or exceeds it, establishment of the tariff quota is not allowed.

4. Rates of import customs duties on the agricultural goods imported on single customs area within the tariff quota are established by the Commission from the date of provision by it by the Parties of powers on maintaining the Common customs tariff.

Article 4

1. The commission distributes amount of the tariff quota between the states of the Parties within difference between production volumes and consumption in each of the states of the Parties which was taken into account when calculating amount of the tariff quota for single customs area according to Article 3 of this agreement. At the same time the Commission or the Parties according to the decision of the Commission determine method and procedure for distribution of the tariff quota between participants of foreign trade activity, and also if necessary distribute the tariff quota between the third countries.

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