AGREEMENT

of May 29, 2015

About movement of ozone-depleting substances and products containing them and accounting of ozone-depleting substances when implementing mutual trade of state members of the Eurasian Economic Union

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

based on the Agreement on the Eurasian Economic Union of May 29, 2014,

wishing to promote development of commercial intercourses,

aiming to create favorable conditions for effective functioning of the Eurasian Economic Union (further – the Union),

confirming commitment to the principles of accomplishment of the international obligations provided by the Vienna convention on protection of ozone layer of March 22, 1985 and ensuring accomplishment of the obligations following from the Montreal protocol on the substances destroying ozone layer of September 16, 1987 (further – the Montreal protocol),

proceeding from need of ensuring national interests and safety of the states,

agreed as follows:

Article 1

This agreement governs the relations connected with movement on customs area of the Union of ozone-depleting substances and containing them products specified in Sections 1.1 and 2.1of the Single inventory to which prohibitions or import restrictions or export by state members of the Customs union within the Eurasian economic community in trade with the third countries approved by the Decision of Board of the Eurasian economic commission of August 16, 2012 №134 "About regulatory legal acts in the field of non-tariff regulation" are applied, and also connected taking into account ozone-depleting substances when implementing mutual trade of the states of the Parties.

Article 2

For the purposes of this agreement the used concepts mean the following:

"the conclusion (the allowing document)" – the document confirming the right to movement of ozone-depleting substances and products containing them;

"applicant" – the legal entity or physical person registered as the individual entrepreneur who filed petition for receipt of the conclusion (the allowing document) for movement of ozone-depleting substances and products containing them;

"competent authority" – the body of the state of the Party authorized on issue of the conclusions (allowing documents);

"the reporting body" – the body of the state of the Party authorized on the direction of the report, stipulated in Article 7 Montreal protocols;

"movement" – import and (or) export of ozone-depleting substances and containing them products which are goods of the Union from the territory of the state of one Party on the territory of the state of other Party.

Other concepts used in this agreement are applied according to the Montreal protocol and international treaties signed within the Union.

Article 3

Action of this agreement extends to the following persons:

the legal entities performing movement, production, use of ozone-depleting substances and products containing them;

the physical persons registered as individual entrepreneurs, performing movement and use of ozone-depleting substances and products containing them in connection with implementation of business activity by them;

the physical persons performing movement of products containing ozone-depleting substances for private use (in non-commercial purposes).

Article 4

Movement of ozone-depleting substances are forbidden by physical persons for private use (in non-commercial purposes) .

Article 5

The parties exercise the state control of movement, production, use of ozone-depleting substances and products containing them according to this agreement and the legislation of the states of the Parties.c

Article 6

Movement of ozone-depleting substances and products containing them is performed based on the conclusion (the allowing document) issued by competent authority in the single form approved by the decision of the Eurasian economic commission.

Article 7

The conclusion (the allowing document) is issued to the applicant according to the procedure and the terms established by the legislation of the states of the Parties.

The conclusion (the allowing document) for export of ozone-depleting substances and products containing them is issued by competent authority of the state of the Party from which their export, in the presence of the conclusion (the allowing document) for import of such substances and products issued by competent authority of the state of the Party in which import of ozone-depleting substances and products containing them is supposed is supposed.

Copies of the conclusions (allowing documents) are attached to set of shipping documents.

Article 8

Receipt of the conclusion (the allowing document) is not required:

when moving by physical persons of products containing ozone-depleting substances for private use (in non-commercial purposes);

when moving ozone-depleting substances together with air, sea (river), railway, the automotive vehicle with the purpose and in quantity which are necessary for ensuring normal operation of the equipment and technical devices of this vehicle, including for gas station, refill of refrigeration equipment, air conditioning systems, fire extinguishing means and other equipment, and technical devices for which operation according to technical characteristics ozone-depleting substances are necessary.

Article 9

The competent authority of the state of the Party to which (from which) import (export) of ozone-depleting substances and products containing them is supposed within 3 working days from date of issue of the conclusion (the allowing document) for import (export) of such substances and products sends it to competent authority of the state of the Party from which (in which) their export (import), by e-mail in the format approved by competent authorities is supposed.

Article 10

Applicants record ozone-depleting substances and annually, till February 1 of the year following reporting submit in the reporting body of the state the report on form according to appendix.

The legal entities performing production of ozone-depleting substances, 1 quarterly to the 15th following reporting quarter submit the report on the form provided by appendix to this agreement in the reporting body of the state.

By the legislation of the states of the Parties other terms of submission of the specified report, but at least the frequency provided by this Article can be established.

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