Information Decisions, decrees, 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-communicable diseases (poisoning) among the population, products (goods) that do not meet sanitary and 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 of January 25, 2008, recognizing the expediency of pursuing a coordinated policy in the field of ensuring the sanitary and epidemiological welfare of the population, taking into account international health regulations (2005.), Agreements on Technical Barriers to Trade and Agreements on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization, adopted as a result of the Uruguay Round of Multilateral Trade Negotiations on April 15, 1994 in Marrakech, Agreement on Cooperation in the Field of Sanitary Protection of the Territories of the Commonwealth Member States of Independent States dated 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 dated April 16, 2004, agreed on the following:

Article 1

For the purposes of this Agreement, the following basic concepts are used:

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

"sanitary and epidemiological supervision (control)" - the activities of authorized bodies aimed at preventing, detecting and suppressing violations of mandatory requirements established by the 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, health and other measures aimed at assessing the risk of harmful effects on humans of environmental factors, its elimination or reduction, prevention of the occurrence and spread of infectious and mass non-communicable diseases (poisoning ) and their liquidation;

"controlled goods" - goods, chemical, biological and radioactive substances, waste and other goods that pose a danger to humans, food products, materials and products transported 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.

Terms not specifically defined in this Agreement are used in the meanings established by other international treaties concluded within the framework of the customs union.

Article 2

This Agreement applies to persons, vehicles, as well as controlled goods included in the Unified List of Goods Subject to Sanitary and Epidemiological Surveillance (Control) at the Customs Border and 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 customs territory of the customs union is carried out in accordance with the Regulations on the procedure for exercising state sanitary and epidemiological supervision (control) over persons and vehicles crossing the customs border of the customs union, controlled goods moving across the customs border of the customs union and in the customs territory of the customs union (hereinafter referred to as the Regulations on the procedure for sanitary and epidemiological supervision).

On the customs territory of the Customs Union, the Uniform Sanitary and Epidemiological and Hygienic Requirements for Goods Subject to Sanitary and Epidemiological Surveillance (Control) (hereinafter referred to as the Uniform Sanitary Requirements) are applied.

In order to implement this Agreement, the Parties:

  • recognize the results of the work of authorized bodies to determine the compliance of controlled goods with the Common Sanitary Requirements;
  • take coordinated measures aimed at preventing the importation, spread and elimination in the customs territory of the Customs Union of infectious and mass non-infectious diseases (poisoning) dangerous to human health, the consequences of emergency situations, as well as acts of terrorism using biological agents, chemical and radioactive substances;
  • carry out sanitary and anti-epidemic measures to prevent the import into the customs territory of the Customs Union and the circulation of controlled goods hazardous to life, human health and the environment.

Article 3

The Parties shall exercise sanitary and epidemiological supervision (control) in respect of persons, vehicles, controlled goods when moving them across the customs border of the Customs Union at checkpoints of the states of the Parties located on the customs border of the Customs Union.

The Parties create sanitary quarantine points at checkpoints intended for the movement of controlled goods across the customs border of the Customs Union and take measures to carry out the necessary sanitary and anti-epidemic measures.

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

Article 4

Authorized bodies exchange samples of documents confirming the safety of products (goods), drawn up according to the Common Forms, and lists of bodies and institutions issuing them.

Article 5

Import and circulation of controlled goods in the customs territory of the customs union is carried out in the presence of a document confirming the safety of products (goods).

The Parties recognize the documents confirming the safety of products (goods) included in the Unified List of Goods, issued by authorized bodies in the Unified Form and certifying the compliance of products (goods) with the Unified Sanitary Requirements.

Documents confirming the safety of products (goods) issued by the authorized bodies before the entry into force of this Agreement shall be valid until the expiration of their validity in the territory of the state of the Party that issued this document.

In the course of state sanitary and epidemiological supervision (control), when controlled goods are identified that do not comply with the Uniform Sanitary Requirements, the Parties shall take measures in accordance with the Regulations on the procedure for sanitary and epidemiological supervision. The Parties have the right to request protocols of laboratory studies (tests) from the authorized bodies that issued documents confirming the safety of products (goods), on the basis of which these documents were issued.

Article 6

The Unified List of Goods, the Regulations on the Procedure for Sanitary and Epidemiological Surveillance, the Unified Sanitary Requirements and the Unified Forms of Documents Confirming the Safety of Products (Goods) are approved by a decision of the Customs Union Commission (hereinafter referred to as the Commission).

The Commission, from the date of granting to it by the Parties of the relevant powers, maintains the documents specified in the first part of this article.

For the purposes of this article, the maintenance of documents by the Commission means the introduction of amendments and additions to the documents specified in part one of this article in the prescribed manner, their subsequent approval and communication to the Parties.

Proposals for amendments and additions to the documents specified in part one of this article shall be submitted for consideration by the Commission in accordance with the established procedure, including at the proposal of the authorized bodies of the states of the Parties.

Article 7

Authorized bodies in cases of detection of infectious and mass non-infectious diseases (poisoning) and (or) spread in 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 adopted sanitary measures 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 establishment 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 for Foreign and Mutual Trade of the Customs Union, created in accordance with the Concept for the Formation of the Integrated Information System for 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) dated November 27, 2009 No. 22.

The authorized bodies provide mutual scientific, methodological and technical assistance in the field of sanitary and epidemiological welfare of the population and inform each other:

  • on possible receipts of controlled goods that do not comply with the Uniform Sanitary Requirements;
  • on each case of detection of especially dangerous infectious diseases presented in the International Health Regulations (2005.), and products hazardous to human life and health.

Article 8

Authorized bodies, if necessary and by mutual agreement, in order to comply with the legislation of the customs union in the field of sanitary measures and protect the customs territory of the customs union from the import and spread of infectious and mass non-communicable diseases (poisoning), controlled goods that do not meet sanitary, epidemiological and hygienic requirements , conduct joint checks (inspections) on the territories of the states of the Parties that produce controlled goods, as well as for the prompt resolution of other issues.

Financing of expenses related to the implementation of this Agreement shall be carried out from the respective budgets of the states of the Parties, unless a different procedure is agreed in each specific case.

Article 9

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

  • deterioration of the sanitary and epidemiological situation in the territory of the state of the Party;
  • obtaining information from the relevant international organizations, from the Parties or states that are not parties to this Agreement, on the applied sanitary measures and (or) the deterioration of the sanitary and epidemiological situation;
  • if the relevant scientific justification for the application of sanitary measures is insufficient or cannot be submitted within the required time frame;
  • identification of controlled goods that do not meet the Uniform Sanitary Requirements.

The Parties shall notify each other as soon as possible about the introduction of sanitary measures, the implementation of sanitary and anti-epidemic measures and their changes.

When one of the Parties introduces temporary sanitary measures, the other Parties shall take the necessary measures and carry out sanitary and anti-epidemic measures to ensure an adequate level of protection for the Party that has decided to introduce such measures.

Article 10

Disputes between the Parties related to the interpretation and (or) application of this Agreement shall be resolved through consultations and negotiations.

If the dispute is not settled by the Parties within six months from the date of receipt of an official written request for consultations and negotiations sent by one of the Parties to the other Parties, either Party shall submit this dispute for consideration to the Court of the Eurasian Economic Community.

Article 11

By agreement of the Parties, this Agreement may be amended, which are drawn up in separate protocols.

Article 12

The procedure for the entry into force of this Agreement, accession to it and withdrawal from it is determined by the Protocol on the procedure for the entry into force of international treaties aimed at forming the legal framework of the customs union, withdrawal from them and accession to them dated October 6, 2007.

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

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

 
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