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The agreement on technical barriers in the free trade area

of June 20, 2000

The governments of the State Parties of this agreement which are referred to as further with the Parties

aiming at assistance of realization of the Main areas of work on accomplishment of the Decision of Council of the heads of states of the CIS of April 2, 1999 on forming of the free trade area accepted by the Decision of Council of CIS Heads of Government of June 4, 1999

based on provisions of the Charter of the Commonwealth of Independent States of January 22, 1993,

being guided by the principles of system of agreements of the World Trade Organization (WTO) and the General agreement on tariffs and trade of 1994 (GATT-94),

in view of the Agreement on technical barriers in trade of 1994,

proceeding from need of protection of national interests of safety of the State Parties of the Commonwealth of Independent States and creating favorable conditions of development of international trade,

aiming at implementation of the coordinated policy on providing the legal basis of development, acceptance and application of technical regulations and standards, and also functioning of directory service in the field of technical regulations, standards and procedures of confirmation of conformity of goods to technical regulations and standards in the State Parties of the Commonwealth,

agreed as follows:

Article 1. Determinations

For the purposes of this agreement the stated below terms have the following values:

technical measures in trade - the measures of technical policy including establishment and enforcement of requirements to goods, obligatory for observance, and also application of procedures of obligatory confirmation of conformity of goods to the specified requirements;

technical barriers in trade - the distinctions of requirements of national and interstate technical regulations, standards or procedures of confirmation of conformity and technical regulations and standards or procedures of confirmation of conformity accepted in the international practice having bigger restrictive impact than it is necessary for achievement of the State Parties of this agreement of the purposes of development of technical regulations and standards established by national legal systems, and leading with respect thereto to excessive obstacles in international trade and in sales of goods in the domestic market;

the technical regulation - the regulating document approved (accepted) by public authority, establishing mandatory requirements to products or the related processes and production methods. It can also include requirements to terminology, symbols, packing, marking or labeling or to entirely be devoted to these questions;

the standard - the regulating document approved by authorized body which contains intended for general and reuse of the rule, management or the characteristic in relation to goods or the related processes and production methods which observance is not obligatory. It can include or only contain requirements to terminology, designations, packing, marking and labeling in that degree in which they are applied to goods, process or production method;

the international standard - the standard accepted by the international organization which is engaged in standardization, and available to wide range of consumers and users;

the interstate standard - the regional standard accepted by the Parties and available to wide range of users;

the national standard - the state standard of the Party accepted according to the procedure established by the national legal system and available to wide range of users;

confirmation of conformity - activities of which the documentary evidence (the certificate of conformity or the declaration of conformity) certifying that products or service conform to the established requirements is result;

obligatory confirmation of conformity - confirmation of conformity which is entered by national legal systems of the Parties for certain products and services and is carried out without fail on compliance to the normative requirements ensuring, as a rule, safety of such products or service;

the supplier - the business entity representing products for realization and which is responsible for its quality and safety;

the interested bodies - the state bodies of the executive authority or business entities of the Party which are applying or having intention to apply the technical regulation or the standard.

Article 2. Technical regulations

Treat technical regulations:

the national regulatory legal acts of the Party establishing mandatory requirements to products or the related processes and production methods;

interstate, and also national (state) standards regarding the mandatory requirements established in them to goods or the related processes and production methods according to national legal systems of the Parties.

In the presence of the factors creating danger to life and health of the population living in the territory of administrative and territorial unit of the Party (for the states having the federal device - in the territory of the territorial subject of the federation), and also, in the presence of the special geographical and climatic conditions creating threat of harming the environment, public authorities or the authorities of administrative and territorial unit of the Party (for the states having the federal device - the authorities of the territorial subject of the federation) additional requirements in comparison with the technical regulations accepted at the national level have the right to establish according to the national legal system in the technical regulations accepted by them raised, and also.

Article 3. General requirements to contents of technical regulations

1. Technical regulations shall not create more restrictive actions in trade, than it is necessary for providing the purposes:

- homeland security, including economic and industrial;

- protection of life and health of citizens;

- protection of the surrounding environment (including animal and flora), rational use of natural resources and power supply;

- prevention of fraudulent practice (the prevention of the actions misleading consumers of goods and services concerning their appointment, quality or safety).

2. The parties use as basis in case of development of technical regulations international standards or their projects in final stage of development, except as specified, when international standards or their projects do not provide achievement of the specified purposes.

Article 4. General requirements to processes of development of technical regulations

1. The parties shall in case of development of new technical regulations or modification in acting to place in official printing publications of the notification on them that the interested bodies of the Parties had opportunity to get acquainted with them.

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