DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of May 17, 2017 No. 24

About approval of the Procedure for temporary suspension of provision of the tariff prefential treatment provided by the Free-trade agreement between the Eurasian Economic Union and its state members, on the one hand, and the Socialist Republic of Vietnam, on the other hand, of May 29, 2015

For the purpose of implementation of Article 4.25 of the Free-trade agreement between the Eurasian Economic Union and its state members, on the one hand, and the Socialist Republic of Vietnam, on the other hand, of May 29, 2015 and according to Item 133 of appendix No. 1 to the Regulations of work of the Eurasian economic commission approved by the Decision of the Supreme Eurasian economic council of December 23, 2014 No. 98, Council of the Eurasian economic commission solved:

1. Approve the enclosed Procedure for temporary suspension of provision of the tariff prefential treatment provided by the Free-trade agreement between the Eurasian Economic Union and its state members, on the one hand, and the Socialist Republic of Vietnam, on the other hand, of May 29, 2015.

2. This Decision becomes effective after 30 calendar days from the date of its official publication.

Approved by the Decision of Council of the Eurasian economic commission of May 17, 2017, No. 24

Procedure for temporary suspension of provision of the tariff prefential treatment provided by the Free-trade agreement between the Eurasian Economic Union and its state members, on the one hand, and the Socialist Republic of Vietnam, on the other hand, of May 29, 2015

1. This Procedure is developed for the purpose of implementation of Article 4.25 of the Free-trade agreement between the Eurasian Economic Union and its state members, on the one hand, and the Socialist Republic of Vietnam, on the other hand, of May 29, 2015 (further – the Agreement) taking into account article 37 of the Agreement on the Eurasian Economic Union of May 29, 2014 and determines the procedure of introduction, prolongation and cancellation of temporary suspension of provision of the tariff prefential treatment provided by the Agreement (further respectively – tariff prefential treatment, temporary suspension).

2. The concepts used in this Procedure are applied in the values determined by the Agreement.

3. Customs authorities of state members of the Eurasian Economic Union (further respectively – state members, the Union) perform monitoring of application of tariff prefential treatment concerning the goods imported on customs area of the Union for the purpose of identification of the facts of violations, the stipulated in Item 4 presents of the Procedure.

4. The facts of violations of application of tariff prefential treatment can be expressed:

a) in provision by the producer or exporter of goods (their authorized representative) in authorized body of the Socialist Republic of Vietnam (Vietnam) of false or inexact data on goods origin for the purpose of receipt of the certificate of origin;

b) in unreasonable refusal of the representative and (or) Vietnam verifying bodies of accomplishment within verification request of check of goods origin in part:

confirmations of reliability of the certificate of origin;

goods compliance to the established criteria of origin;

provisions of documentary confirmation (proofs)
from the producer or exporter of goods;

c) in lack of the response to verification request or in provision authorized and (or) verifying bodies of Vietnam of the incomplete answer (including without the requested copies of documents) on verification request;

d) in unreasonable refusal of the verifying body of Vietnam in implementation of exit check at the request of customs authority of state member or in lack of the response to such request.

5. Systematic violation is recognized 2 or more violations provided by one subitem of item 4 of this Procedure, made during 12 calendar months by the same producer or the exporter concerning the identical goods imported on customs area of the Union and also authorized and (or) verifying bodies.

6. The documents confirming systematic violations shall confirm discrepancy of the goods origin which is actually shown to customs authority of state member in case of its declaring, to the origin specified in the certificate of origin or about refusal of accomplishment of obligations on administrative cooperation in the cases provided by subitems "b" – "" of item 4 of this Procedure.

7. In case of detection of state member by customs authority following the results of investigation on the basis of objective, convincing and reliable data of systematic violations of application of tariff prefential treatment the customs authority sends the relevant information and documents, the stipulated in Item 6 presents About, to the state body of the state member authorized on interaction with the Eurasian economic commission (further – the Commission).

8. The state body of state member authorized on interaction with the Commission having the right to send the corresponding appeal to the Commission, having initiated the procedure of temporary suspension (further – the state initiator). Documents, the stipulated in Item 6 presents About are attached to the address.

9. The commission within 5 working days from the date of receipt of the appeal of the state initiator with the relevant documents sends the acquired information to other state members.

10. The commission provides carrying out consultations within the Advisory committee on trade for the purpose of development of the approved line item with all state members of the arguments which are rather adduced by the state initiator, and also concerning the beginning of the procedure of consultations with Vietnam according to Item 5 of article 4.25 of the Agreement.

11. In case of achievement by all state members of the approved line item about readiness to enter consultations with Vietnam the Commission in time, not exceeding 15 calendar days from the date of holding meeting of the Advisory committee on trade, notifies Vietnam on the revealed systematic violations (with appendix of the relevant documents confirming the facts of such violations) and on the offer to enter consultations with the purpose of development of the mutually acceptable decision.

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