Protocol on conditions and procedure for application in exceptional cases rates of the import customs duties other than rates of the Common customs tariff

of December 12, 2008

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 realization of Item 6 of article 4 of the Agreement on single customs and tariff regulation of January 25, 2008,

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

agreed as follows:

Article 1

In the this Protocol of the concept "Common Customs Tariff", "rate of import customs duty" and "Single Commodity Nomenclature of Foreign Economic Activity" are used in the values determined by article 2 of the Agreement on single customs and tariff regulation of January 25, 2008.

Article 2

From Date of Introduction in action of the Common customs tariff and provision of powers for its maintaining the Eurasian economic commission (further - the Commission) higher or lower rate of import customs duty in comparison with rate of the Common customs tariff (further - higher or lower rate) can be applied by one of the Parties to the goods coming from the third countries, in exceptional cases based on the decision of Council of the Commission made according to the this Protocol.

Application of one of the Parties of higher rate can be offered this Party if such measure is necessary condition for development of industry of economy of the state of this Party.

Application of one of the Parties of lower rate can be offered this Party in case of acute shortage of goods if such measure is necessary condition for satisfaction of socially important requirements of the population or requirements of development of production which depends substantially on traditional import from the third countries and cannot be performed due to production of these or similar goods in custom union.

Article 3

1. For consideration by the Commission of question of application of one of the Parties of higher or lower rate this Party represents to the Commission the offer on application of higher or lower rate with appendix of reasons for need of its application.

2. The offer on application of higher or lower rate shall contain the following information:

a) the size of rate of the Common customs tariff on goods;

b) data on production volume and on the need for goods as in the state of the Party making the offer and in custom union in general (in natural and value term);

c) data on goods import volume as the state of the Party making the offer and custom union in general;

d) expected term of application of higher or lower rate;

e) measures which shall be accepted by other Parties for goal achievement of application of higher or lower rate.

3. Reasons for need of application of higher or lower rate shall contain statistical data, financial and economic calculations and the other information confirming feasibility of application of higher or lower rate and impossibility of goal achievement of its application with other means and also assessment of effects of its application for the markets of the states of the Parties and assessment of possible actions of the third countries.

4. The commission sends the offer on application of one of the Parties of higher or lower rate to other Parties.

5. The question of application of one of the Parties of higher or lower rate is considered by the Commission within 30 days from the date of receipt of the offer on application of higher or lower rate by the Commission.

Article 4

1. The decision on application of one of the Parties of higher or lower rate is accepted by Council of the Commission in the presence of the following conditions:

a) justification of application higher or lower "rates;

b) disagreement of other Parties on corresponding change of rate of the Common customs tariff.

2. The decision on application of one of the Parties of higher or lower rate is accepted by Council of the Commission on the basis of consensus.

3. The decision of Council of the Commission on application of one of the Parties of higher or lower rate shall contain the following information:

a) description of goods;

b) commodity code according to the Single commodity nomenclature of foreign economic activity;

c) term of application by the Party of higher or lower rate;

d) size of higher or lower rate;

e) measures which shall be accepted by other Parties for goal achievement of application of higher or lower rate.

4. The term of application of higher or lower rate of one of the Parties cannot exceed six months if other is not established by the relevant decision of Council of the Commission.

5. The question of prolongation of term of application of higher or lower rate the next six months can be brought by the concerned party not later than month before the expiration of this term.

Article 5

1. The commission keeps the inventory when which importing the Parties apply higher or lower rates.

2. The list specified in Item 1 of this Article joins the following information:

a) description of goods;

b) commodity code according to the Single commodity nomenclature of foreign economic activity;

c) The party applying higher or lower rate;

d) size of higher or lower rate;

e) term of application of higher or lower rate;

e) size of rate of the Common customs tariff.

Article 6

The this Protocol acts within five years from the effective date and is not subject to prolongation.

Article 7

The disputes between the Parties connected with interpretation and (or) application of the this Protocol are permitted by consultations and negotiations of concerned parties, and in case of default of agreement the dispute over initiative of any of concerned parties is submitted to Court of Eurasian economic community.

Article 8

By agreement of the Parties in the this Protocol changes which are drawn up by separate protocols can be made.

Article 9

The procedure for the introduction of the this Protocol in force, accession to it and exit from it is determined by the Protocol on procedure for entry into force of the international treaties directed to forming of the contractual legal base of custom union, exit from them and accessions to them of October 6, 2007.

It is made in the city of Moscow on December 12, 2008 in one authentic copy in Russian.

The authentic copy of the this Protocol is stored at depositary which before transfer of function of depositary of the Commission the Integration Committee of Eurasian economic community is.

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