The agreement on measures for regulation of access to the markets of the State Parties of the Customs union of goods and services from the third countries
of October 6, 2000
The government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Russian Federation and the Government of the Republic of Tajikistan which are hereinafter referred to as "Party"
confirming commitment to the Agreement on the Customs union and the Common economic space of February 26, 1999,
expressing the aspiration to provide accomplishment in full of all agreements and arrangements providing liberalization of conditions for mutual access of goods and services of one State Party of the Customs union in the territory of other State Parties of the Customs union which are available between the Parties (further in the text of the state),
considering that such liberalization shall be performed without prejudice to national systems of regulation of access to the domestic markets of the states of goods and services from the third countries,
recognizing need of prevention or minimization of the negative effects by the Parties for economy arising owing to use by the third countries of the distinctions existing in their relation in levels of protectionism of commodity markets and services
believing that the Agreement is designed to promote creating favorable conditions for rapprochement and, eventually, unification of the trade and economic modes of the states concerning the third countries, agreed as follows:
1. Provisions of this agreement are applied in the cases which are not provided by the arrangements existing within the Customs union between the states.
For the purposes of this agreement goods and services from the third countries are understood as the goods coming from the third countries and the services made and/or realized with participation of economic operators of the third countries through the territory of one of the states of the Customs union.
The parties at the same time are guided by the rules of determination of the country of goods' origin existing within the Customs union.
2. Before introduction by the Parties of single regulations, rules, procedures, rates and complete unification of any other measures concerning conditions of access to the territories of the states of goods and services from the third countries, each Party has the right to apply the measures directed to prevention of bypass applied by it died concerning access to its territory of goods and services from the third countries.
3. For the purposes of this agreement to determine measures as follows: the measures for restriction of access to the markets of one states on goods and services from other states applied on discrimination basis concerning the involved states, according to the procedure and on the conditions provided by this agreement.
4. For the purposes of this agreement content and procedure for introduction of the specified measures are determined in such a way that:
a) measures, according to provision of this Article, are applied only in case of existence of objective distinctions in the conditions of access to the domestic markets of the states of goods and services from the third countries, at the same time their content shall be directed only to elimination or minimization of the negative economic effects caused by these distinctions;
b) shall precede introduction of the specified measures consultations of concerned parties for objective determination of spheres, the reasons and amounts of economic effects;
c) introduction of the specified measures is performed according to Regulations on procedure for approval of projects and decision making by the governments concerning the Customs union approved by the Decision of Council of Heads of Government under Interstate Council of the Republic of Belarus, the Republic of Kazakhstan, Kyrgyz Republic and the Russian Federation of April 28, 1998 N 20;
d) the entered measures are temporary and are subject to immediate cancellation after elimination of the distinctions specified in Item
a) this Article, or achievement of mutually acceptable arrangements by the Parties;
e) the state concerning which measures according to Item 2 of this Article were entered has the right to initiate consultations with the purpose of discussion of possibility of their cancellation or mitigation. At the same time the state which entered the specified measures from the date of receipt of such offer shall enter in a month these consultations.
Prevention of bypass of the measures taken by the Party is understood as right of surrender of this Party in provision to goods and services from the third countries of the conditions of access to the market similar to other State Parties of the Customs union which are usually provided by it.
The parties will be regularly through Integration Committee of the Republic of Belarus, the Republic of Kazakhstan, Kyrgyz Republic, the Russian Federation and the Republic of Tajikistan (further Integration Committee) to communicate about attempts of bypass by economic operators of the third countries of the applied measures for access to the markets of the states, and also about the measures taken according to provisions of Article 1 of this agreement.
The either party has the right to leave this agreement, having sent to depositary which the Integration Committee, the written notice of the intention at least in six months prior to exit is.
This agreement is applied by the Parties temporarily from signature date in the part which is not contradicting the national legal system and becomes effective from the date of receipt by depositary of the last notification from the Parties on accomplishment of necessary interstate procedures.
The authentic copy of this agreement is stored in Integration Committee which will send to each state which signed this agreement, its verified copy.
It is made on October 6, 2000 in Astana in one copy in Russian.
For the Government of the Republic of Belarus
For the Government of the Republic of Kazakhstan
For the Government of the Kyrgyz Republic
For the Government of the Russian Federation
For the Government of the Republic of Tajikistan
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