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AGREEMENT OF STATE MEMBERS OF CUSTOM UNION

of December 17, 2012

About elimination of technical barriers in mutual trade with the State Parties of the Commonwealth of Independent States which are not state members of the Customs union

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

for the purpose of expansion of mutual trade between the state members of the Customs union and the State Parties of the Commonwealth of Independent States which are not state members of the Customs union

in view of the rules and the principles established by the Agreement on technical barriers in trade and the Agreement on application of sanitary and phytosanitary measures of the World Trade Organization, accepted following the results of the Uruguayan round of multilateral trade negotiations on April 15, 1994, and also provisions of the Agreement on carrying out coordinated policy in the field of standardization, metrology and certification of March 13, 1992, the Agreement on bases of harmonization of technical regulations of state members of Eurasian economic community of March 24, 2005, the Agreement on carrying out coordinated policy in the field of technical regulation, sanitary and phytosanitary measures of January 25, 2008, the Customs union agreement on sanitary measures of December 11, 2009, the Customs union agreement on veterinary and sanitary measures of December 11, 2009, the Customs union agreement about quarantine of plants of December 11, 2009, Agreements on the single principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of November 18, 2010 and the Agreement on the Eurasian economic commission of November 18, 2011,

wishing to eliminate technical barriers in mutual trade with the State Parties of the Commonwealth of Independent States which are not state members of the Customs union

agreed as follows:

Article 1

Technical barriers in trade in this agreement are understood as the distinctions of requirements of national technical regulations, standards and assessment procedures (confirmation) of compliance of the State Party of the Commonwealth of Independent States which is not state member of the Customs union, and technical regulations of the Customs union, the standards applied in the Customs union, and assessment procedures (confirmation) of compliance of the Customs union concerning the types of products of the same name, leading to obstacles in mutual trade.

Other concepts used in this agreement are applied in the value established by the Agreement on carrying out coordinated policy in the field of technical regulation, sanitary and phytosanitary measures of January 25, 2008, the Customs union agreement on sanitary measures of December 11, 2009 and the Agreement on the single principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of November 18, 2010.

Article 2

1. Any State Party of the Commonwealth of Independent States which is not state member of the Customs union (further - the Interested state) having the right to send to the Eurasian economic commission (further - the Commission) request about elimination of technical barriers in mutual trade concerning certain types of products.

The commission based on request of the Interested state establishes the list of technical regulations of the Customs union which extend to products types determined in request of the Interested state and also the list of the decisions of the Commission necessary for application of the specified technical regulations, and brings them to the attention of the Interested state.

2. Condition of elimination of technical barriers in mutual trade concerning determined in request of the Interested state of types of products is application by the Interested state of requirements of technical regulations of the Customs union and the relevant decisions of the Commission specified in Item 1 of this Article, according to the procedure and on the conditions provided by this agreement.

3. Application by the Interested state in its territory of technical regulations of the Customs union according to the procedure and on the conditions provided by this agreement can be performed at its choice on uncontested or alternative basis.

Application of technical regulations of the Customs union on uncontested basis is performed without withdrawals on condition of cancellation of national technical regulations and other acts of the legislation of the Interested state in the field of action of the specified technical regulations of the Customs union.

Application of technical regulations of the Customs union on alternative basis is performed without withdrawals along with the existing national technical regulations and other acts of the legislation of the Interested state in the field of action of the specified technical regulations of the Customs union at the choice of applicants (participants of economic activity) of the Interested state.

Article 3

For the purpose of elimination of technical barriers in mutual trade with state members of the Customs union the Interested state:

a) provides direct action in the territory of all technical regulations of the Customs union applied by the Interested state according to this agreement including the changes made to such technical regulations, and also the decisions of the Commission necessary for application of the specified technical regulations;

b) provides application of the lists of documents approved by the Commission, stipulated in Article 6 Agreements on the single principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of November 18, 2010, including changes in the specified lists;

c) provides evaluating (confirmations) compliance issued in the product circulation to requirements of the applied technical regulations of the Customs union according to the procedure, determined by the specified technical regulations. In case of application of technical regulations of the Customs union on alternative basis of provision of this Item are applied if the applicant of the Interested state chooses the technical regulation of the Customs union;

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