DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of October 9, 2014 No. 94

About Regulations on single procedure for conducting joint checks of objects and sampling of the goods (products) which are subject to veterinary control (supervision)

According to article 3 of the Agreement on the Eurasian economic commission of November 18, 2011, the Regulations of work of the Eurasian economic commission approved by the Decision of the Supreme Eurasian economic council of November 18, 2011 No. 1, and Article 7 of the Customs union agreement on veterinary and sanitary measures of December 11, 2009 Council of the Eurasian economic commission solved:

1. Approve the enclosed Regulations on single procedure for conducting joint checks of objects and sampling of the goods (products) which are subject to veterinary control (supervision).

2. Declare invalid Item 1 of the Decision of the Commission of the Customs union of October 18, 2011 No. 834 "About Regulations on single procedure for conducting joint checks of objects and sampling of the goods (products) which are subject to veterinary control (supervision)".

3. This Decision becomes effective after 30 calendar days from the date of its official publication, except for Item 11 and the subitem "zh" of Item 48 of the Provision approved by this Decision which become effective from the date of accession of the Republic of Kazakhstan to the World Trade Organization.

Members of council of the Eurasian economic commission: from the Republic of Belarus

S. Rumas

from the Republic of Kazakhstan

B. Sagintayev

from the Russian Federation

I. Shuvalov

Approved by the Decision of Council of the Eurasian economic commission of October 9, 2014 No. 94

Regulations on single procedure for conducting joint checks of objects and sampling of the goods (products) which are subject to veterinary control (supervision)

I. General provisions

1. This Provision is developed for the purpose of implementation of the Customs union agreement on veterinary and sanitary measures of December 11, 2009.

2. This Provision establishes the general principles of safety of animals and products of animal origin which are included in the Single inventory, subject to veterinary control (supervision), No. 317 approved by the Decision of the Commission of the Customs union of June 18, 2010 (further – the Single inventory) are imported on customs area of the Customs union from the territories of the third countries, move from the territory of one state member of the Customs union (further – state member) to the territory of other state member, in case of their production (production), conversion, transportation and (or) storage, and also the organization of audit of official systems of supervision of the third countries and joint checks (inspections) of the organizations and persons participating in production (production), conversion, transportation and (or) storage of controlled goods (products), and acceptance of guarantees.

3. Joint inspections (inspections) of objects of control are carried out according to this Provision in the following cases:

checks (inspection) of the companies of the third countries which audit of official systems of supervision was not performed or the result of audit of official system of supervision of which is unsatisfactory, for the purpose of inclusion of these companies in the register of the companies of the third countries (see the Section VI of this provision);

checks (inspection) of the companies of the third countries in which audit of official system of supervision was not performed or the result of which is unsatisfactory, for the purpose of confirmation of inclusion of these companies in the register of the companies of the third countries (see the Section VI of this provision);

checks (inspection) of the companies of the third countries during audit (repeated audit) of official system of supervision for the purpose of confirmation (repeated confirmation) of the fact that use of measures and official system of supervision of the third country provide protection level, at least, equivalent to the protection level established by requirements of the Customs union (see the Section VI of this provision);

checks (inspection) of the companies of state members for the purpose of inclusion of these companies in the register of the companies of the Customs union (see the Section VII of this provision);

checks (inspection) of the companies of the state members included in the register of the companies of the Customs union for the purpose of implementation of veterinary control (supervision) (see the Section VIII of this provision).

4. When carrying out audit of official system of supervision of the third country and check (inspection) of objects of control authorized bodies of state members consider the existing conditions of conducting trade, in view of history of trade and data on compliance to requirements of the Customs union for the third countries from which import of the corresponding goods (products) on the territory of the Customs union was performed.

II. Terms and determinations

5. In this Provision the following terms and determinations are used:

"audit of foreign official system of supervision" – the procedure of determination of capability of foreign official system of supervision to provide the level of safety of controlled goods (products) equivalent to the, at least, a level of safety established by requirements of the Customs union;

"exit check (inspection)" – form of veterinary control (supervision) which is carried out by the inspector by visit of object of control;

"Single veterinary requirements" – Single veterinary (veterinary and sanitary) requirements to the goods which are subject to veterinary control (supervision), the Commissions of the Customs union approved by the Decision of June 18, 2010 No. 317;

"zoning" – the procedures performed by competent authority or authorized body for determination in the territory of subpopulations of the animals having the certain epizootic status determined, mainly, based on geographical criterion;

"inspector" – the official authorized person of authorized body of state member or competent authority of the third country;

"inspector-auditor" – the employee of state body or public institution having the corresponding knowledge and experience in the field of audit and (or) check (inspection);

"quarantine" – the mode of the special and organizational events directed to prevention of distribution and liquidation of quarantine and especially dangerous diseases of the animals determined according to the legislation of state members;

"compartmentalization" – the procedures performed by competent authority or authorized body in interaction with manufacturers (producers) of products in the territory of the country for determination of subpopulations of the animals and the organizations participating in the product circulation of animal origin, received from the animal these subpopulations having the certain epizootic status determined by the management system and practice of maintaining livestock production connected with ensuring biosafety;

"competent authority" – the state body of the third country having powers on development of legal acts and (or) use of the legislation (or both functions) on conducting checks (inspections);

"monitoring" – implementation of the planned and consecutive observations or measurements for the purpose of determination of general idea about safety of controlled goods (products) and their compliance to the established requirements;

"object of control" – the organization or person participating in production (production), conversion, transportation and (or) storage of controlled goods (products);

"controlled goods (products)" – animals and products of animal origin included in the Single inventory;

"the register of the companies of the Customs union" – the register of the organizations and persons performing production, conversion and (or) storage of the controlled goods (products) moved from the territory of one state member on the territory of other state member;

"the register of the companies of the third countries" – the register of the organizations and persons performing production, conversion and (or) storage of the controlled goods (products) imported on customs area of the Customs union;

"raw materials" – the goods (products) intended for further conversion;

"requirements of the Customs union" – international standards, managements and recommendations in understanding of the Decision of the Commission of the Customs union of June 22, 2011 No. 721 "About use of international standards, recommendations and managements", the connected with veterinary health requirements to controlled goods, technical regulations of the Customs union, Single veterinary requirements and (or) different requirements of state members approved with the third countries in veterinary (import) certificates according to the Section "Final and Transitional Provisions" of Single veterinary requirements and also mandatory national requirements of state members to goods;

"authorized body" – the state body of state member having powers on development of legal acts and (or) use of the legislation (or both functions) on conducting checks (inspections);

"expert" – the employee of state body or public institution rendering assistance of state members to authorized bodies in conducting checks (inspections) of objects and sampling of goods (products).

III. The general principles of safety of controlled goods (products) in case of their production (production), conversion, transportation and (or) storage

6. The basic principle used by state members for safety of controlled goods (products) in case of their production, conversion, transportation and (or) storage in the third countries is carrying out audit of foreign official system of supervision.

7. If audit of foreign official system of supervision is complete successfully, inclusion of the companies (faces) in the register of the companies of the third countries if it is provided by legal acts of the Customs union, shall be performed according to the list represented by competent authority.

8. If audit of foreign official system of supervision was not booked or is not complete or if as a result of such audit the foreign official system of supervision was not acknowledged capable to provide protection level, at least, equivalent, to the protection level established by requirements of the Customs union, state members can approve inclusion of the organization (organizations) in the register of the companies of the third countries based on the results of joint check (inspection) or guarantees provided by competent authority when inclusion in this register is required.

9. During preparation and approval of results of joint check (inspection) of objects of control and in case of audit of foreign official system of supervision state members provide availability of their results (including possibility of familiarity with them) for competent authority of the third country and objects of control.

For the purpose of protection of confidential information and ensuring no conflict of interest concerning the checked (inspected) objects of control the final report published by authorized bodies shall not contain number (identifier) and names of the organizations and persons participating in production (production), conversion, transportation and (or) storage of controlled goods.

10. When conducting joint check (inspection) of objects of control the principles of zoning and compartmentalization, and also data obtained during monitoring of the controlled goods (products) made by this object of control (the organization, the company, person) and if it is in the territory of the third country – data of audit of foreign official system of supervision shall be used.

11. When conducting joint check (inspection) of objects of control according to this Provision the inspector shall check and estimate object of control according to appendix No. 3, as it is determined in this Provision, and if object of control conforms to international standards, managements and recommendations, it based on the principle of equivalence shall be acknowledged to relevant requirements of the Customs union. If the legal act of the Customs union or the mandatory requirement of the national legal system of state member has more restrictive character, than the international standard, the inspector in the absence of proper scientific reasons shall estimate compliance on the basis of the international standards, managements and recommendations provided by the Agreement on use of sanitary and phytosanitary measures of the World Trade Organization of April 15, 1994 (further – the Agreement of the WTO on SFS) for more severe measures. In the presence of the specified act the inspector gives it to competent authority for the purpose of provision opportunities to propose equivalent measures according to the Agreement of the WTO on SFS. If any company is included in the register of the companies of the third countries based on guarantees of competent authority, the inspector also checks and estimates whether the guarantees applied to export certification are carried out.

12. Inspectors-auditors and experts of authorized body shall be impartial. Inspectors-auditors and experts of authorized body shall have the corresponding qualification, experience and to have knowledge in the respective areas. In case of assessment inspectors-auditors and experts of authorized body shall ensure safety of confidential information.

IV. Audit of foreign official systems of supervision

13. The inspectors-auditors booking audit of foreign official system of veterinary supervision shall distinguish two situations:

a) concerning the countries from which import of controlled goods (products) on customs area of the Customs union was not performed;

b) concerning the countries from which import of controlled goods (products) on customs area of the Customs union was performed.

14. To initiate the procedure of carrying out audit, the competent authority sends to authorized body the appeal in which the field of carrying out audit, including groups of controlled goods (products) and types of activity of objects of control is specified.

15. On the official site of the Eurasian economic commission on the Internet (further respectively – the official site of the Commission, the Commission) information on plans of carrying out by authorized bodies of audit of foreign official systems of supervision and joint checks (inspections) of the companies of the third countries which is provided by authorized bodies and is updated at least 2 times a year is placed.

16. In case of assessment of foreign official system of supervision inspectors shall consider trade history with the respective country and information which the authorized body, on the following questions has now:

a) organization, structure and powers of competent authority;

b) security with personnel;

c) material resources (including financial);

d) regulating documentation and functionality;

e) control system of health of animals and system of protection of human health;

e) formal systems of quality assurance, including quality management policy;

g) assessment of performance of system and program of supervision.

17. In case of assessment of foreign official system of supervision inspectors shall follow the principles specified in appendix No. 2 to this Provision and to use evaluation criteria as it is determined by the relevant articles of the Code of health of land animals and the Code of health of water animals of the International epizootic bureau (further – MEB), and also documents of the Commission the Code Alimentarius, other international standards and managements recognized by the World Trade Organization.

18. The first evaluation stage is the documentary analysis. For these purposes the authorized body sends to competent authority inquiry for provision of the legislative and other related documents necessary for evaluating.

19. The questionnaire for more information on structure, powers and acceptances of practical work of competent authority can be sent to competent authority.

20. After completion of the analysis of documents authorized bodies of state members based on analysis results make the decision on whether the foreign official system of supervision concerning the corresponding goods (products) is capable to provide in general protection level, at least, equivalent to requirements of the Customs union.

21. If this stage is successfully complete, authorized bodies of state members can plan checks (inspection) for verification of proper use of the relevant legislation of this third country.

22. The authorized body of state member which planned audit no later than 2 months (if the smaller period approved by state members is not established) before the planned visit to the third country which requested carrying out audit shall inform on it authorized bodies of other state members about the forthcoming visit for forming of group of inspectors and coordination of time of holding visit.

23. Authorized bodies of other state members no later than 2 weeks after receipt of information on the forthcoming visit direct the answer containing refusal of participation in holding visit or consent to such participation and data on officials of state member who will participate in visit. If the authorized body does not direct the answer at the scheduled time, it means refusal of participation in visit.

24. The visit can be performed by inspectors-auditors of one of state members if other authorized bodies of state members did not direct the answer or reported about refusal of participation. Authorized bodies of the state members which were not taking part in audit recognize the decision based on the results received by the authorized body performing visit.

25. Primary audit is booked by group of inspectors-auditors.

26. Authorized bodies can involve the experts who are the staff of state bodies and organizations (except for translators), to assistance to inspectors-auditors on the following questions:

legislation of the respective third country; the organization of competent authority of the respective third country, its power and independence, management and powers which it has concerning effective use or ensuring use of the laws;

personnel training to conducting checks (inspections);

resources, including diagnostic aids;

existence and use of the control procedures and monitoring systems reflected in documents;

situation on health of animals and procedures of the notification of state members and relevant international organizations about the outbreaks of diseases of the animals who are subject to the notification MEB.

Experts are connected by the same obligations and responsibility, as well as inspectors-auditors, concerning protection of confidential information and ensuring no conflict of interest concerning products of the checked (inspected) companies. The authorized body guarantees impartiality and adherence to principles of experts.

27. The audit area includes confirmation of system data, such as:

 the laws of the country, the rule, the directive, the instruction and other documents concerning audit program implementation; data on activities of the company, results of checks (inspections) of the company and other activities providing use of the legislation;

control of residual amounts of chemicals on technological piece from farms to slaughters;

the program of microbiological and chemical researches, laboratory ensuring, the program of sampling, methods of researches and other requirements connected with export on customs area of the Customs union including reducing levels of content of pathogens and implementation of analysis system of risks and critical control points.

28. When conducting exit check (inspection) of the company which is part of audit, inspectors-auditors of state member (state members) compare documentation on the control system of the third countries with their observations regarding use of this program of control.

29. The visit purpose on the company as parts of audit is confirmation of the fact that within the foreign system of supervision connected with production, conversion, transportation and (or) storage of controlled goods (products), all laws, rules and other requirements for checks and to certification which are acknowledged at documentation analysis stage authorized body of state member (state members) capable to provide protection level, at least, equivalent to the protection level established by requirements of the Customs union are applied correctly.

30. Upon completion of stage of the documentary analysis and stage of exit checks (inspections) the authorized body of state member prepares the pro forma statement on audit taking into account provisions of Appendix C to the Agreement of the WTO on SFS and sends to authorized bodies of other state members the letter with appendix of this report. The report contains pre-trial detention about availability or lack of equivalence and the accurate legal basis in cases of discrepancy of the official control system by results of audit, and also the recommendation about elimination of such discrepancies is determined.

31. Authorized bodies (including not taking part in audit) can direct additional made and explanations concerning information and conclusions containing in the pro forma statement within 2 months beginning from date of the electronic notification on receipt of the pro forma statement on the official e-mail address.

32. The authorized body estimates additional made and explanations and if necessary makes changes to the pro forma statement.

33. The authorized body prepares the added pro forma statement on audit, considering provisions of Appendix C to the Agreement of the WTO on SFS, and sends to competent authority the letter with its appendix.

34. The competent authority along with other interested persons of this third country can direct additional made and explanations concerning information and conclusions of the pro forma statement within 2 months after receipt of the pro forma statement on audit beginning from date of the electronic notification on its obtaining to the official e-mail address of authorized body.

35. The authorized body estimates the acquired information, prepares, publishes, and also sends to the Commission the final report within 2 months after receipt of the official letter from competent authority with comments to the pro forma statement.

36. The final report prepared by authorized body (authorized bodies) of state member (state members) which (which) participated (participated) in carrying out audit shall contain the conclusion about whether the foreign official system of supervision provides protection level, at least, equivalent to protection level according to requirements of the Customs union (further – the conclusion about equivalence).

37. After submission to the Commission of the final report about audit containing the conclusion about equivalence, the Commission without unreasonable delays publishes the report specified in Item 36 of this provision on the official site of the Commission. The authorized body publishes information on it on the official site in the Internet.

38. After the publication of information specified in Item 37 of this provision, the competent authority creates the list of the companies planning to deliver controlled goods in the Customs union including for their inclusion in the register of the companies of the third countries.

39. The competent authority performing training of the this provision of the list of the companies specified in Item 38 for their inclusion in the register of the companies of the third countries shall send to the authorized body which organized carrying out audit, the letter with the specified list of the companies.

40. The authorized body shall update the register of the companies of the third countries, having included in it the companies from the updated list and to publish the updated register of the companies of the third countries within 10 working days after receipt of the corresponding letter from competent authority.

41. The competent authority shall inform the Commission on the changes in the legislation of the country influencing system of official supervision concerning the corresponding controlled goods (products). The commission without unreasonable delays informs authorized bodies on these changes.

42. The authorized body of state member (state members) can make the decision on carrying out repeated audit of foreign official system of supervision of the third country, but is not more often than 1 time a year, except for the case specified in Item 44 this provision. The decision on carrying out repeated audit shall be made taking into account feasibility of repeated assessment, and also need to reduce whenever possible amount of information which shall be represented by competent authority.

43. Based on the final report containing the negative conclusion about equivalence, state members can consider question of provision to competent authority of the right to provide guarantees about compliance of the controlled goods (products) made by the specific company (companies) or to inform competent authority that the companies of this third country can be included in the register of the companies of the third countries only based on positive results of check (inspection) of production of such companies by inspectors of the Customs union. This decision shall be made based on experience of trade with this country, knowledge of structure and powers of competent authority of given third country and other relevant information.

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