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Information Decisions, decisions, orders, letters, Customs Union Agreement

AGREEMENT

Customs Union on Sanitary Measures

 The governments of the Member States of the customs union within the framework of the Eurasian Economic Community (hereinafter referred to as the customs union), hereinafter referred to as the Parties, in order to ensure the protection of the customs territory of the customs union from the importation and spread of infectious and mass non-infectious diseases (poisonings) among the population, , Which does not comply with sanitary-epidemiological and hygienic requirements, based on the Agreement on the Conduct of the Co-ordinated Policy in the Field of Technical Regulation, sa itarnyh and phytosanitary measures from January 25 2008, Recognizing the usefulness of a coordinated policy in the field of sanitary and epidemiological welfare of the population, taking into account the International Health Regulations (2005 g.), The Agreement on Technical Barriers to Trade and the Agreement on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization adopted at the conclusion of the Uruguay Round of Multilateral Trade Negotiations 15 April 1994 in Marrakech, the Agreement on Cooperation in the Field of Sanitary Protection of Territories of the Commonwealth Member States Independent States from 31 May 2001 year, Agreement on the order of interaction in the hygienic assessment of potentially hazardous products imported into the Member States of the Commonwealth of Independent States Independent States Twa from April 16 2004 years, have agreed as follows:

Article 1

The following basic concepts are used for the purposes of this Agreement:

"A document confirming safety of products
(Goods), "- the document (sanitary-epidemiological certificate, certificate of state registration) certifying the conformity of products (goods) subject to sanitary-and-epidemiologic supervision (control), the safety requirements for human health and issued by the competent authorities;

"Sanitary and epidemiological supervision (control)" - the activity of the authorized bodies, aimed at the prevention, detection and suppression of violations of mandatory requirements established by normative legal acts of the Customs Union and the legislation of the Parties in the field of sanitary and epidemiological welfare of the population;

"Sanitary and anti-epidemic measures" - organizational, administrative, engineering, health and other measures designed to assess the risk of adverse effects on human environmental factors, its elimination or reduction, to prevent the occurrence and spread of infectious and mass non-infectious diseases (poisoning ) and their elimination;

"Controlled goods" - goods, chemical, biological and radioactive substances, wastes and other goods presenting a danger to human food products, materials and goods transported through the customs border of the Customs Union and the customs territory of the Customs Union, subject to the state sanitary and epidemiological supervision (control) in accordance with the legislation of the Parties;

"Competent authorities" - the bodies and institutions of the Parties, authorized in the field of sanitary and epidemiological welfare of the population.

The terms not specifically defined in this Agreement have the meanings set by other international agreements concluded within the framework of the customs union.

Article 2

This Agreement shall apply to persons, vehicles, as well as controlled goods included in the Uniform list of goods subject to sanitary-and-epidemiologic supervision (control) at the customs border and customs territory of the Customs Union (hereinafter - the Single List of Goods).

Sanitary-and-epidemiologic supervision (control) at the customs border and customs territory of the Customs Union is performed in accordance with the Regulations on the procedure of state sanitary and epidemiological supervision (control) of persons and vehicles crossing the customs border of the Customs Union, controlled goods moved across the customs border the customs union and the customs territory of the customs Union (hereinafter - the Regulations on the sanitary and epidemiological surveillance).

On the territory of the Customs Union shall apply the Uniform sanitary and epidemiological and hygienic requirements for goods subject to sanitary-and-epidemiologic supervision (control) (hereinafter - the Unified sanitary requirements).

In order to implement this Agreement, the Parties shall:

  • recognize the results of the competent authorities to determine the compliance of controlled goods Uniform sanitary requirements;
  • take coordinated measures aimed at preventing the importation, distribution and elimination of the customs territory of the Customs Union of infectious and mass noncommunicable diseases (poisoning), hazardous to human health consequences of emergencies, as well as acts of terrorism using biological agents, chemical and radioactive substances;
  • exercise sanitary and anti-epidemic measures to prevent the importation into the customs territory of the Customs Union and the trafficking of dangerous for human life, health and habitat of controlled goods.

Article 3

Parties shall implement sanitary and epidemiological supervision (control) in respect of persons, vehicles, goods under control while moving them through the customs border of the Customs Union in the checkpoints of the Parties, located at the customs border of the Customs Union.

The Parties shall establish at checkpoints intended for movement of controlled goods across the customs border of the Customs Union, sanitary and quarantine stations and taking measures for the necessary sanitary and anti-epidemic measures.

The Customs Union Commission determines the list of controlled goods, the movement of which across the customs border of the Customs Union is carried out in specially equipped checkpoints defined by the respective Parties in accordance with their legislation.

Article 4

The competent authorities shall exchange samples of the documents confirming the safety of products (goods) to be drawn up on a single form, and lists of bodies and institutions performing their issuance.

Article 5

The import and circulation of controlled goods in the customs territory of the Customs Union is carried out in the presence of a document confirming safety of products (goods).

The Parties recognize the documents confirming safety of products (goods) included in the Unified list of goods issued by the competent authorities of the Unified form and certifying the conformity of products (goods) Uniform sanitary requirements.

Documents confirming safety of products (goods), designed by the authorized bodies before the entry into force of this Agreement, in force until they expire at the territory of a State Party which issued the document.

In the implementation of the state sanitary and epidemiological supervision (control) in the identification of controlled goods not conforming to the Uniform sanitary requirements, Parties shall take measures in accordance with the Regulations on the sanitary and epidemiological surveillance. The parties have the right to request reports of laboratory tests (tests) of the competent authorities which issued the document confirming safety of products (goods), on the basis of which these documents are issued.

Article 6

Single List of Goods, Regulations on the Sanitary and Epidemiological Surveillance, Uniform sanitary requirements and unified form of documents confirming safety of products (goods), approved by the decision of the Commission of the Customs Union (hereinafter - the Commission).

Commission from the date of her parties the relevant authority shall keep the documents referred to in the first part of this article.

For the purposes of this article, the conduct of the Commission document refers to the introduction of amendments and additions to these in the first part of this article documents in the prescribed manner, and their subsequent approval and making available to the Parties.

Proposals on amendments and additions to the documents specified in part one of this article, shall be made to the Commission in the prescribed manner, including on a proposal from the competent authorities of the Parties.

Article 7

The competent authorities in case of detection of infectious and mass noncommunicable diseases (poisoning) and (or) distribution of the customs territory of the Customs Union:

- Infectious and mass non-infectious diseases (poisoning) among the population;

- The product dangerous to human life, health and habitat,

Send information about them, as well as on the sanitary measures taken to the Information System of the Eurasian Economic Community in the field of technical regulation, sanitary and phytosanitary measures, established in accordance with the Agreement on the establishment of the information system of the Eurasian Economic Community in the field of technical regulation, sanitary and phytosanitary measures from 12 December 2008, and the Integrated Information System of Foreign and Mutual Trade of the Customs Union, created in accordance with the Concept formation of the integrated information system of foreign and mutual trade of the Customs Union, approved by the decision of the Interstate Council of the Eurasian Economic Community (the supreme body of the Customs Union) on November 27 2009 years 22 number.

Authorized agencies provide mutual scientific-methodological and technical assistance in the area of ​​sanitary and epidemiological welfare of the population and inform each other:

  • possible income of controlled goods that do not meet the Uniform sanitary requirements;
  • for each case of dangerous infectious diseases, presented in the International Health Regulations (2005 g.), And dangerous to life and health products.

Article 8

Authorized bodies, if necessary, by mutual agreement, in order to comply with the legislation of the Customs Union in the field of sanitation and protection of the customs territory of the Customs Union on the importation and spread of infectious and mass non-disease (poisoning), controlled goods that do not comply with sanitary and epidemiological and hygienic requirements , conduct joint audits (inspections) in the territories of the Parties, producing controlled goods, as well as to effectively address various issues.

Financing costs associated with the implementation of this Agreement shall be of the respective budgets of the Parties, unless in any particular case is agreed otherwise.

Article 9

Parties have the right to impose temporary sanitary measures and carry out anti-epidemic measures in the following cases:

  • deterioration of the sanitary-epidemiological situation in the territory of a State Party;
  • information from relevant international organizations, Parties and States not parties to this Agreement, the applicable health measures and (or) the deterioration of sanitary-epidemiological situation;
  • unless the scientific rationale for the use of sanitary measures are insufficient or can not be given on time;
  • identification of controlled goods that do not meet the Uniform sanitary requirements.

Parties as soon as possible notify the other in the introduction of sanitary, sanitary and anti-epidemic measures and changes.

With the introduction of one of the Parties of temporary sanitary measures other Parties shall take the necessary measures and carry out anti-epidemic measures to ensure the appropriate level of protection hand, decide on the introduction of such measures.

Article 10

Disputes between the Parties concerning the interpretation and (or) the application of this Agreement shall be settled through consultation and negotiation.

If the dispute can not be settled by the Parties within six months from the date of receipt of formal written request for consultations and negotiations, one of the Parties to the other Parties, either Party shall refer the dispute to the Court of the Eurasian Economic Community.

Article 11

By agreement of the Parties to this Agreement may be amended to separate protocols.

Article 12

The order of the Agreement enters into force, accession to and exit from the defined Protocol on the entry into force of international agreements aimed at establishing the legal framework of the Customs Union, out of them and adhere to them by October 6 2007 year.

Done at the city of St. Petersburg in December 11 2009, in one original copy in Russian.

The original copy of this Agreement is stored in the Customs Union Commission, which as the depositary of this Agreement, each party will send a certified copy.