The protocol on single procedure for use of technical, medical, pharmaceutical, sanitary, veterinary, phytosanitary and environmental standards, regulations, rules and requirements for the goods imported into the State Parties of agreements on the Customs union

of January 28, 1999

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

being guided by the Agreement on single measures of non-tariff regulation when forming the Customs union, of October 22, 1997,

recognizing that unification of procedure for use of technical, medical, pharmaceutical, sanitary, veterinary, phytosanitary and environmental standards, regulations, rules and requirements (further - "standards and requirements") in the field of commodity import, is one of conditions of gradual transition to single customs area,

believing that the taken measures will promote protection of life, health of citizens and environment protection of the State Parties of Agreements on the Customs union,

being effective according to the international obligations in the field of respect for safety of international trade,

agreed as follows:

Article 1

The single procedure for application of standards and requirements for the goods imported in the territory of the Parties includes set of the measures and rules directed to identification, the prevention and suppression of violations of procedure for import of separate goods for which single standards and requirements are established.

Article 2

The parties authorize the ministries and departments specified in Appendix No. 1, to establish and exercise control of use of technical, medical, pharmaceutical, sanitary, veterinary, phytosanitary and environmental standards, regulations, rules and requirements for the goods imported into the State Parties of agreements on the Customs union.

Article 3

The single procedure for application of standards and requirements extends as on imported on customs areas of the states of the Parties, and to the made goods.

Article 4

Prohibit import to customs areas of the states of the Parties of goods which do not conform to the standards and requirements provided by the this Protocol and acting in the territory of the State Parties of the Customs union.

Charge to authorized bodies of the Parties to provide coordinated actions for suppression of commodity importation, inappropriate to the single standards and requirements recognized by the Parties.

Article 5

Charge to authorized bodies of the Parties to be guided by General requirements to procedure and rules of carrying out certification of products (Appendix No. 2).

Charge to customs authorities to be guided by Regulations on procedure for import to customs areas of the State Parties of the Customs union of the goods which are subject to obligatory certification (Appendix No. 3).

Article 6

Charge to authorized bodies within three months from the effective date of the this Protocol to exchange samples of certificates, national marks of conformity, lists of the accredited bodies performing certification of goods.

Article 7

Prepare and approve not later than three months before completion of the procedure of creation of single customs area the interdepartmental document on mutual recognition of national marks of conformity in case of obligatory certification of imported goods.

Article 8

Apply national treatment concerning the procedure for import and sales of goods which are subject to obligatory certification and hygienic registration, imported from the states which are not agreement parties about single measures of non-tariff regulation when forming the Customs union.

Article 9

For the purpose of coordination of work on realization of the this Protocol to consider necessary to create the Commission on standardization, metrology and certification of products under Integration Committee.

Regulations on the Commission, regulations of its work and structure shall be prepared by authorized bodies of the Parties within three months from the effective date of the this Protocol and are submitted for approval of Integration Committee.

Prepare and approve the commissions not later than three months before completion of the procedure of creation of single customs area single inventories which are subject to obligatory certification for safety when importing to customs areas of the states of the Parties taking into account their national interests.

Article 10

To authorized bodies of the Parties to be guided by Regulations on procedure for import to customs areas of the State Parties of the Customs union of the goods which are subject to health, veterinary and phytosanitary control (Appendix No. 4).

To integration Committee together with authorized bodies of the Parties within three months from the effective date of the this Protocol to approve the codified inventories, subject to the state sanitary inspection:

(Appendix No. 4.1); the goods which are subject to veterinary control

(Appendix No. 4.2); the goods which are subject to phytosanitary control

(Appendix No. 4.3), in case of their import to customs areas of the State Parties of the Customs union.

Article 11

Agree that before creation of single customs area of the Party will apply national treatment concerning procedure for permission when importing to customs areas of the states of the Parties of medicines, products of medical appointment and medical equipment.

Import of medicines for animals on customs areas of the states of the Parties is regulated by the intergovernmental agreement of the State Parties of the Commonwealth of Independent States of March 12, 1993 "About cooperation in the field of veterinary science".

The parties confirm that during creation of single customs area the single procedure for regulation of import of medicines, products of medical appointment and medical equipment will be established according to the procedure and terms, stipulated in Article 10 Agreements on single measures of non-tariff regulation when forming the Customs union which participants the Parties are.

Article 12

When importing to customs areas of the states of the Parties of drugs, psychotropic substances, precursors, strong and toxic agents, the Party will be guided by the obligations within the Single convention on drugs of March 30, 1961 with amendments of 1972, the Convention on psychotropic substances of February 21, 1971 and the Convention of the UN on fight against drug trafficking and psychotropic drugs of December 20, 1988.

Before creation of single customs area of the Party apply national treatment concerning procedure for permission of import of drugs, psychotropic substances, precursors, strong and toxic agents.

The parties charge to authorized bodies to perform effective cooperation with the purpose of suppression of illegal import to customs areas of the states of the Parties of drugs, psychotropic substances, precursors, strong and toxic agents.

The parties confirm that during creation of single customs area the single procedure for import of drugs, psychotropic substances, precursors, strong and toxic agents will be established according to the procedure and terms, stipulated in Article 10 Agreements on single measures of non-tariff regulation when forming the Customs union which participants they are.

Article 13

When importing to customs areas of the states of the Parties of ozone-depleting substances and products containing them, the Parties are guided by the Vienna convention on protection of ozonic layer of March 22, 1985 and the Montreal Protocol on the substances destroying ozone layer of September 16, 1987.

Charge to authorized bodies to be guided by Regulations on procedure for import to customs areas of the State Parties of the Customs union and export from customs areas of the State Parties of the Customs union of ozone-depleting substances and products containing them (Appendices No. No. 5, 5.1, 5.2, 5.3).

Article 14

When importing to customs areas of the states of the Parties of animals and plants, and also their parts or derivatives falling under operation of the Convention on international trade in the types of wild flora and fauna which are under the threat of disappearance of March 3, 1973 (SITES), the Parties will be guided by Articles and appendices of the specified Convention.

Charge to authorized bodies of the Parties before determination of their states concerning SITES to interact with the SITES Administrative authority in the Russian Federation.

Commodity importation, falling under action of SITES, is performed according to special rules of import to the territories of the State Parties of the Customs union and export from the territories of the State Parties of the Customs union of the animal species and plants, their parts or derivatives falling under action of SITES.

Commodity importation, falling under action of SITES, on the territory of the State Parties of the Customs union from the State Parties of the Customs union which were not defined concerning SITES is performed in the presence of permission of the SITES Administrative authority in the Russian Federation; from other states - in the presence of permission of the SITES Administrative authority of the exporting country or other competent authority of the exporting country if the country is not the Party of SITES, and in cases of import of models of Appendix I SITES in the territory of the State Parties of the Customs union which were not defined concerning SITES - permission of the SITES Administrative authority in the Russian Federation.

Article 15

The parties observe single procedure for cross-border transportations of dangerous wastes according to the Basel convention about control of cross-border transportations of dangerous wastes and their removal of March 22, 1989 and the international documents accepted during its realization.

For this purpose they charge to authorized bodies to be guided by Regulations on single procedure for state regulation of cross-border transportations of dangerous wastes (Appendix No. 6) and is forbidden to apply single lists of dangerous wastes, import (transit) of which on (through) the territories of the State Parties of the Customs union, and export is subject to state regulation (Appendix No. 6.1) and dangerous wastes which cross-border transportations are subject to state regulation (Appendix No. 6.2).

Appendix No. 6 to the this Protocol for the states, not being participants of the mentioned Basel convention, becomes effective for them after accession to the specified Convention.

Article 16

In case of commodity importation, provided by the this Protocol, on customs area of one of the states of the Parties and following of these goods on customs area of the state (states) of other Party (or the Parties) the customs clearance is performed in the state of appointment.

The goods delivery, provided by the this Protocol, to the location of customs authorities of the state of appointment is made according to Bases of customs legislations of the State Parties of the Commonwealth of Independent States accepted on February 10, 1995.

The parties within six months from the effective date of the this Protocol will develop the document regulating procedure for transit of goods through customs area of one Party (or the Parties) and the following on customs area of other Party in the part concerning goods which import is regulated by Articles 11-13 of the this Protocol.

Article 17

The disputes and disagreements arising in case of interpretation of separate provisions of Articles of the this Protocol and appendices to it are permitted by carrying out consultations, if necessary - at meetings of Integration Committee, and in cases when it is not possible to eliminate disagreements - at meetings of Council of Heads of Government under Interstate Council of the Republic of Belarus, the Republic of Kazakhstan, Kyrgyz Republic and the Russian Federation.

The protocol is open for accession to it of any state which joined the Agreement on single measures of non-tariff regulation when forming the Customs union.

Any Party can leave the this Protocol, having provided the procedure of exit from the Agreement on single measures of non-tariff regulation when forming the Customs union which integral part is the this Protocol.

Appendices No. No. 1, of 2, of 3, of 4, 4.1, 4.2, 4.3, 5, 5.1, 5.2, 5.3, 6, 6.1, 6.2 to the this Protocol are its integral part.

Article 18

Depositary of the this Protocol is the Integration Committee.

Article 19

The protocol is temporarily applied from the date of its signing and becomes effective after receipt by depositary of the last notification on accomplishment of interstate procedures.

It is made in Moscow on January 28, 1999 in one authentic copy in Russian. The authentic copy is stored in Integration Committee which will send to the government of each state which signed the this Protocol, its verified copy.

 

For the Government of the Republic of Belarus

For the Government of the Kyrgyz Republic

For the Government of the Republic of Kazakhstan

For the Government of the Russian Federation

Appendix № 1

to the Protocol on single procedure for use of technical, medical, pharmaceutical, sanitary, veterinary, phytosanitary and environmental standards, regulations, rules and requirements for the goods imported into the State Parties of agreements on the Customs union

The list of the ministries and departments, authorized to establish and exercise control of use of technical, medical, pharmaceutical, sanitary, veterinary, phytosanitary and environmental standards, regulations, rules and requirements for the goods imported into the State Parties of agreements on the Customs union

Republic of Belarus:

- State committee of the Republic of Belarus on standardization, metrology and certification;

- State Customs Committee of the Republic of Belarus;

- Ministry of Agriculture and Food of the Republic of Belarus;

- Ministry of Health of the Republic of Belarus;

- Ministry of Natural Resources and Environmental Protection of the Republic of Belarus;

- Committee on supervision of safe operation in the industry and nuclear power under the Ministry of Emergency Situations of the Republic of Belarus.

Republic of Kazakhstan:

- Ministry of Ecology and Natural Resources of the Republic of Kazakhstan;

- Healthcare Committee of the Ministry of Education, culture and health care of the Republic of Kazakhstan;

- Ministry of Agriculture of the Republic of Kazakhstan;

- Customs committee of the Ministry of state revenues of the Republic of Kazakhstan;

- Committee of metrology, standardization and certification of the Department of Energy, industry and trade of the Republic of Kazakhstan.

Kyrgyz Republic:

- State Customs Committee of the Kyrgyz Republic;

- State inspectorate for standardization and metrology of the Kyrgyz Republic;

- Ministry of Health of the Kyrgyz Republic;

- Ministry of agricultural and water economy of the Kyrgyz Republic;

- State inspectorate for architecture and construction of the Kyrgyz Republic;

- Ministry of environmental protection of the Kyrgyz Republic.

Russian Federation:

- Ministry of Industry and Trade of the Russian Federation;

- State Customs Committee of the Russian Federation;

- State committee of the Russian Federation on environmental protection;

- Ministry of the Russian Federation of land policy, construction and housing and communal services;

- Ministry of Health of the Russian Federation;

- Ministry of Agriculture and Food of the Russian Federation.

Appendix № 2

to the Protocol on single procedure for use of technical, medical, pharmaceutical, sanitary, veterinary, phytosanitary and environmental standards, regulations, rules and requirements for the goods imported into the State Parties of agreements on the Customs union

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