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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 import and spread of infectious and mass non-infectious diseases (poisoning) among the population, products (goods) that does not comply with sanitary-epidemiological and hygienic requirements, based on the Agreement on the implementation of a coordinated policy in the field of technical regulation, sanitary and phytosanitary measures dated January 25, 2008, recognizing the expediency of pursuing a coordinated policy in the field of ensuring the sanitary-epidemiological well-being of the population, taking into account the International health regulations (2005 g.), Agreements on Technical Barriers to Trade and Agreements on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization, adopted following the results of the Uruguay Round of multilateral trade negotiations on April 15, 1994 in Marrakesh, Agreement on Cooperation in the Field of Sanitary Protection of the Territories of the Commonwealth Member States Of the Independent States of May 31, 2001, the Agreement on the Procedure for Interaction in the Hygienic Assessment of Potentially Hazardous Products Imported to the Member States of the Commonwealth of Independent States of April 16, 2004, agreed on the following:

Article 1

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

 "A document confirming safety of products
(goods) "- a document (sanitary and epidemiological conclusion, certificate of state registration), certifying the compliance of products (goods) subject to sanitary and epidemiological supervision (control), safety requirements for human health and issued by authorized bodies;

"Sanitary and epidemiological surveillance (control)" - the activities of authorized bodies aimed at preventing, detecting and suppressing violations of mandatory requirements established by regulatory legal acts of the customs union and the legislation of the states of the Parties in the field of sanitary and epidemiological welfare of the population;

"Sanitary and anti-epidemic measures" - organizational, administrative, engineering, technical, medical and sanitary and other measures aimed at assessing the risk of harmful effects on humans of environmental factors, its elimination or reduction, prevention of the emergence and spread of infectious and mass non-infectious diseases (poisoning ) and their elimination;

"Controlled goods" - goods, chemical, biological and radioactive substances, waste and other goods posing a danger to humans, food products, materials and products moved across the customs border of the customs union and in the customs territory of the customs union, subject to state sanitary and epidemiological supervision (control) in accordance with the legislation of the states of the Parties;

"Authorized bodies" - bodies and institutions of the states 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 applies to persons, vehicles, and also controlled goods included in the Unified List of Goods Subject to Sanitary and Epidemiological Surveillance (Control) at the Customs Border and the Customs Territory of the Customs Union (hereinafter referred to as the Unified List of Goods).

Sanitary and epidemiological supervision (control) at the customs border and the customs territory of the customs union is carried out in accordance with the Regulation on the procedure for the implementation of state sanitary and epidemiological supervision (control) over persons and vehicles crossing the customs border of the customs union, controlled goods transported across the customs border the customs union and on the customs territory of the customs union (hereinafter - the Regulation on the procedure for sanitary and epidemiological surveillance).

In the customs territory of the customs union, the Unified Sanitary and Epidemiological and Hygienic Requirements for goods subject to sanitary and epidemiological supervision (control) (hereinafter - the Uniform Sanitary Requirements) are applied.

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

The Unified List of Goods, the Regulation on the Procedure for Sanitary and Epidemiological Surveillance, Unified Sanitary Requirements and Unified Forms of Documents Confirming the Safety of Products (Goods) are approved by the decision of the Customs Union Commission (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;

- products dangerous to human life, health and environment,

send information about them, as well as about the sanitary measures taken to the Information System of the Eurasian Economic Community in the field of technical regulation, sanitary and phytosanitary measures, created in accordance with the Agreement on the creation of an information system of the Eurasian Economic Community in the field of technical regulation, sanitary and phytosanitary measures dated 12 December 2008, and the Integrated Information System of Foreign and Mutual Trade of the Customs Union, created in accordance with the Concept of 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 (supreme body of the customs union) dated November 27, 2009 No. 22.

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.