Approved by Mezhgossovet's Decision of EurAsEC of March 24, 2005 No. 206
Agreement on bases of harmonization of technical regulations of state members of Eurasian economic community
The governments of state members of Eurasian economic community (further - EurAsEC) which are hereinafter referred to as with the Parties
for the purpose of development of integration processes in EurAsEC,
aiming at elimination of unreasonable restrictions in mutual trade,
agreed as follows:
In this agreement the following terms are used:
"standard" - the document developed on the basis of the consent of most of concerned parties in which for the purpose of voluntary reuse product characteristics, rules of implementation and the characteristic of production processes, operation, storage, transportation, realization and utilization, performance of works or rendering services are established. The standard also may contain requirements to terminology, symbolics, packaging, marking or labels and rules of their drawing;
"international standard" - the standard accepted by International Organization for Standardization and available to wide range of users;
"regional standard" - the standard accepted by regional standardization organization and available to wide range of users;
"the national standard" - the standard accepted by national authority on standardization and available to wide range of users;
"the technical regulation of EurAsEC" - the document accepted by the international treaty within EurAsEC and establishing obligatory for application and execution of the requirement to objects of technical regulation (to products, including buildings, structures and constructions, production processes, operation, storages, transportations, realization and utilizations).
The technical regulation can contain rules and forms of assessment of conformity, the rule of identification, the requirement to terminology, packaging, marking or labels and rules of their drawing;
"products" - the result of activities provided in material and material form and intended for further use in economic and other purposes;
"assessment of conformity" - direct or indirect determination of observance of requirements imposed to object of technical regulation.
1. Technical regulations of EurAsEC are accepted for the purpose of harmonization of the legislation of the states of the Parties in the field of technical regulation, protection of life and health of citizens, environmental protection, the prevention of the actions misleading consumers and elimination of unreasonable restrictions in mutual trade.
Adoption of technical regulations of EurAsEC in other purposes is not allowed.
2. The mandatory requirements containing in technical regulations of EurAsEC to products, production processes, operation, storages, transportations, realization and utilizations, to rules and forms of assessment of conformity, the rule of identification, the requirement to terminology, packaging, marking or labels and rules of their drawing are exhaustive and can be changed only by modification of the corresponding technical regulation of EurAsEC.
The parties provide the product circulation, corresponding to the technical regulation of EurAsEC, in the territory of the states without application of additional requirements to products and assessment procedures of compliance, except the state supervision.
3. The international, regional and national standards, and also national technical regulations can be used fully or partially as basis for development of technical regulations of EurAsEC.
4. Action of this agreement does not extend to establishment and application of sanitary, veterinary and phytosanitary measures.
1. For the purpose of streamlining of development of technical regulations of EurAsEC Interstate Council of EurAsEC at the level of heads of governments approves the list of the first-priority technical regulations of EurAsEC which are subject to development.
The draft of the specified list is created by Integration Committee of EurAsEC on offers of the Parties.
2. The either party, being guided by the list of the first-priority technical regulations of the EurAsEC having the right to submit the offer on development of the technical regulation of EurAsEC for consideration of Integration Committee of EurAsEC which are subject to development. The offer shall contain the short feasibility statement.
3. Interstate Council of EurAsEC at the level of heads of governments makes the decision on development of the technical regulation of the EurAsEC included in the list specified in Item 1 of this Article on procedure for financing of its development and determines the Party (Parties) performing development of such regulations.
4. The procedure for development of the technical regulation of EurAsEC affirms the decision of Integration Committee of Eurasian economic community.
Each of the Parties enacts the technical regulation of EurAsEC according to the legislation of the state and notifies the Secretariat of Integration Committee of EurAsEC on date with which application of such regulations begins. The notification and the copy of regulatory legal act on introduction of the technical regulation of EurAsEC go the Party within 30 days after adoption of this act.
Changes and additions are made to this agreement by mutual consent of the Parties and drawn up by protocols.
Coordination of works on implementation of this agreement is performed by Integration Committee of EurAsEC which is depositary of this agreement.
Each of the Parties can leave this agreement by the written notice of it of depositary. This agreement for this Party is terminated in 6 months from the date of receipt by depositary of such notification.
The disputes connected using or interpretation of provisions of this agreement, are permitted by consultations and negotiations between the Parties or Court of EurAsEC.
This agreement becomes effective from the date of receipt by depositary of the last written notice of accomplishment of the interstate procedures by the Parties necessary for its entry into force.
It is made in Astana on March 24, 2005 in one authentic copy in Russian. The authentic copy is stored in Integration Committee of EurAsEC which will send to each Party its verified copy.
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