The agreement on procedure for introduction and application of the measures affecting foreign trade in goods on single customs area concerning the third countries

of June 9, 2009

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

based on the Agreement on creation of single customs area and forming of custom union of October 6, 2007 and the Agreement on the Commission of custom union of October 6, 2007,

for the purpose of implementation of the Agreement on single measures of non-tariff regulation concerning the third countries of January 25, 2008 and ensuring effective functioning of custom union,

being guided by the conventional principles and rules of international law,

agreed as follows:

Article 1. General provisions

1. This agreement determines procedure for introduction and application on single customs area concerning the third countries of single measures of non-tariff regulation, measures affecting foreign trade in goods and entered proceeding from national interests of the states of the Parties, and also special types of prohibitions and restrictions of foreign trade in goods (further - regulation measures).

2. From the date of investment of custom union of the Commission of custom union with the supreme body (further - the Commission) powers on application of measures of regulation concerning the third countries of measure of regulation are entered by the decision of the Commission, except the measures provided by Articles 8 and 9 of this agreement.

3. Goods to which regulation measures are applied are included in the single inventory to which prohibitions or import restrictions or export by the State Parties of custom union within Eurasian economic community in trade with the third countries are applied (further - the single list). The single list affirms the Commission from the date of investment with its appropriate authority on decision making about application of measures of regulation.

4. After adoption by the Commission of the decision on introduction of measures of regulation concerning separate type of goods it is included by the Commission in the single list.

Article 2. Adoption by the Commission of decisions on introduction, application and cancellation of single measures of non-tariff regulation

1. The commission makes decisions on introduction, application and cancellation of single measures of non-tariff regulation (further - measures of non-tariff regulation) according to Articles 3 - 6 Agreements on single measures of non-tariff regulation on the third countries of January 25, 2008.

2. The commission considers the offer on introduction of measures of non-tariff regulation concerning separate type of goods based on documents which contain:

description of goods and its code according to the Single commodity nomenclature of the foreign economic activity approved by the supreme body of custom union (ETN foreign trade activities);

proposed measures of non-tariff regulation:

export prohibition;

quantitative restriction of export and (or) import;

provision of exclusive export right and (or) import;

licensing in the field of foreign trade;

observation of export and (or) import;

effective period of proposed measures of non-tariff regulation (start and end date of action of measures);

reasons for need of introduction of measures of non-tariff regulation according to provisions of Articles 3-5 of this agreement.

The offer can be provided as at the initiative of the Party (Parties), and the Commission.

3. The decision on introduction of measures of non-tariff regulation is made by the Commission no later than 30 days from the date of submission of the offer of the Party (Parties).

4. Decisions of the Commission on introduction, application and cancellation of measures of non-tariff regulation are published according to Rules of procedure of the Commission of custom union of December 12, 2008 and become effective no later than 45 days from the date of the publication.

Article 3. Prohibitions or quantitative restrictions

1. Reasons for need of introduction of quantitative restrictions, including commodity export prohibition, shall contain:

a) concerning commodity export:

data on production volumes and the need for goods within custom union (in natural and value term), the statistical data, financial and economic calculations and other information proving the goods amounts permitted to export which will allow to prevent or reduce critical lack of these goods in the domestic market of custom union, in cases, stipulated in Article 3 Agreements on single measures of non-tariff regulation concerning the third countries of January 25, 2008;

data on goods export volume from single customs area;

b) concerning commodity import:

data on production volumes and sales of goods (in natural and value term), the statistical data, financial and economic calculations and other information proving need of restriction of import of the agricultural goods or water biological resources imported in any kind, in cases, stipulated in Article 3 Agreements on single measures of non-tariff regulation concerning the third countries of January 25, 2008;

data on import volumes of these goods on single customs area.

2. In case of introduction by the Commission on single customs area of quantitative restrictions export and (or) import quotas are applied. Quantitative restrictions are applied:

when exporting - only concerning the goods occurring from single customs area;

when importing - only concerning the goods coming from the third countries.

Quantitative restrictions are not applied to commodity import from the territory of any third country or the commodity export intended for the territory of any third country if only such quantitative restrictions are not applied to import from all third countries or export to all third countries. Such provision does not interfere with observance of obligations of the states of the Parties according to international treaties on the free trade area.

Goods concerning which quantitative restrictions of export can be introduced shall contain in the inventory, being significantly important for the domestic market of custom union concerning which temporary restrictions or ban of export can be in exceptional cases imposed (further - the list of significantly important goods).

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