Agreement of the customs union on plant quarantine (as amended on May 21, 2010) (terminated from 01/01/2015 on the basis of an international agreement of 05/29/2014)
Source: http://docs.cntd.ru/document/902207255
Document with changes made: international protocol of May 21, 2010 (for the order of entry into force, see article 5 of the international protocol of May 21, 2010 ).
Ratified by the Federal Assembly ( Federal Law of May 19, 2010 N 99-FZ - Collected Legislation of the Russian Federation, 2010, N 21, Article 2537). The agreement entered into force for the Russian Federation on July 1, 2010.
The governments of the member states of the customs union within the Eurasian Economic Community (hereinafter referred to as the customs union), hereinafter referred to as the Parties,
in order to form a customs union,
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 advisability of pursuing an agreed policy in the field of application of quarantine phytosanitary requirements and measures,
taking into account the rules and principles of the International Plant Protection Convention (Rome, 1951, as amended in 1997) (hereinafter referred to as the Convention ), the Agreement on Technical Barriers to Trade and the Agreement on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization adopted on the results of the Uruguay Round of multilateral trade negotiations on April 15, 1994 in Marrakesh,
in order to ensure the protection of the customs territory of the customs union from the import and spread of quarantine objects and reduce the losses caused by them, as well as eliminate obstacles in international trade in regulated products,
Have agreed as follows:
Article 1
For the purposes of this Agreement, the following basic concepts are used:
"quarantine objects (quarantine pests)" - pests that are absent or limited in distribution in the territories of the states of the Parties and are included in the national Lists of quarantine objects;
"quarantine phytosanitary control (supervision)" - the activity of the authorized national authorities of the states of the Parties in the field of plant quarantine, aimed at identifying quarantine objects, establishing the quarantine phytosanitary state of regulated products and fulfilling the international obligations of the states of the Parties and the legislation of their state in the field of plant quarantine;
"quarantineable products (quarantineable goods, quarantineable materials, quarantineable goods)" (hereinafter - "quarantineable products") - plants, products of plant origin, containers, packaging, cargo, soil, organisms or materials transported across the customs border of the customs union and at the customs the territory of the customs union, which can be carriers of quarantine objects and (or) contribute to their spread, and in respect of which it is necessary to take quarantine phytosanitary measures;
"batch of regulated products" - the amount of regulated products intended to be sent by one vehicle to one destination to one recipient.
Concepts not specifically defined in this Agreement are used in the meanings established by the Convention, international standards for quarantine phytosanitary measures, international treaties concluded within the framework of the customs union and the Eurasian Economic Community.
Article 2
This Agreement applies to regulated products included in the List of regulated products (regulated goods, regulated materials, regulated products) subject to phytosanitary quarantine control (supervision) at the customs border of the customs union upon import and on the customs territory of the customs union (hereinafter referred to as the List of regulated products ) (paragraph as amended, entered into force on May 19, 2011 by the international protocol of May 21, 2010 .
Quarantine phytosanitary control (supervision) at the customs border of the customs union is carried out in accordance with the Regulation on the procedure for the implementation of quarantine phytosanitary control (supervision) at the customs border of the customs union.
Quarantine phytosanitary control (supervision) in the customs territory of the customs union is carried out in accordance with the Regulation on the procedure for the implementation of quarantine phytosanitary control (supervision) in the customs territory of the customs union.
Quarantine phytosanitary control (supervision) during the export of regulated products from the customs territory of the customs union is carried out in accordance with the international obligations of the states of the Parties in the field of plant quarantine and the legislation of the states of the Parties (the paragraph is additionally included from May 19, 2011 by the international protocol of May 21, 2010 ).
Article 3
The powers vested in the national authorities of the States of the Parties for the implementation of this Agreement are the bodies of the States of the Parties that perform the functions of quarantine phytosanitary control (supervision) (hereinafter referred to as the authorized bodies).
The Parties take the necessary measures to prevent the import into the customs territory of the customs union and the spread of quarantine objects (quarantine pests) therein and are responsible for compliance with the international obligations of the states of the Parties and the legislation of their state in the field of plant quarantine.
Article 4.
1. The authorized bodies of the Parties carry out quarantine phytosanitary control (supervision) when moving regulated products across the customs border of the customs union at checkpoints of the states of the Parties or in other places where, in accordance with the legislation of the states of the Parties, plant quarantine points (phytosanitary control posts ).
2. The regulated products imported into the customs territory of the customs union must comply with the phytosanitary requirements of the State of the Party, on the territory of which the destination of the regulated products is located.
The Parties shall ensure that official information on the phytosanitary requirements for imported regulated products is posted on the official websites (Internet resources) of the authorized bodies of the Parties, as well as in the Information System of the Eurasian Economic Community in the field of technical regulation, sanitary and phytosanitary measures and in the Integrated Information System of the external and mutual trade of the customs union.
Each batch of regulated products classified in accordance with the List of regulated products as a group of regulated products with a high phytosanitary risk shall be imported into the customs territory of the customs union accompanied by an export or re-export phytosanitary certificate issued by the competent authority of the state of the exporter (re-exporter) country in the form established by the Convention ...
(Clause as amended, entered into force on May 19, 2011 by the international protocol of May 21, 2010 .
3. Each batch of regulated products classified in accordance with the List of regulated products as a group of regulated products with a high phytosanitary risk, transported from the territory of the state of one Party to the territory of the state of the other Party, must be accompanied by a phytosanitary certificate of the sending Party in the form established by the Convention (paragraph supplemented from May 19, 2011 by the international protocol of May 21, 2010 .
The Parties recognize phytosanitary certificates issued by the authorized bodies of the states of the Parties.
Quarantine phytosanitary control (supervision) at the destinations of regulated products in the territories of the states of the Parties shall be carried out in accordance with Article 2 of this Agreement.
Article 5.
1. The list of regulated products, Regulations on the procedure for quarantine phytosanitary control (supervision) at the customs border of the customs union, Regulations on the procedure for quarantine phytosanitary control (supervision) in the customs territory of the customs union, are approved by the decision of the Commission of the customs union (hereinafter - the Commission).
2. Maintenance of the documents specified in paragraph 1 of this article shall be carried out by the Commission from the date of granting it by the Parties of the appropriate powers in the field of plant quarantine.
For the purposes of this article, the maintenance of documents by the Commission means the introduction in the prescribed manner of changes and additions to the documents of the customs union specified in paragraph 1 of this article, their subsequent approval and communication to the Parties.
Proposals for amendments and additions to the documents specified in paragraph 1 of this article shall be submitted for consideration by the Commission in accordance with the established procedure at the suggestion of any of the Parties (paragraph as amended by the international protocol of May 21, 2010) .
Article 6.
The authorized bodies of the states of the Parties:
in case of detection and spread of quarantine objects (quarantine pests) in the customs territory of the customs union, send information about them, as well as the adopted quarantine phytosanitary measures to the Information System of the Eurasian Economic Community in the field of technical regulation, sanitary and phytosanitary measures and the Integrated Information System of external and mutual trade of the customs union;
promptly inform each other about cases of detection and spread of quarantine objects (quarantine pests) on the territories of their states and about the introduction of temporary quarantine phytosanitary measures by them;
promptly notify the states of the Parties about the Lists of quarantine objects adopted in their states;
render each other scientific, methodological and technical assistance in the field of plant quarantine;
annually exchange statistical information for the past year concerning the detection and distribution of quarantine objects in the territories of their states.
Article 7
1. The authorized bodies of the states of the Parties, if necessary and by mutual agreement:
exchange information;
send specialists in order to conduct a joint survey of places of production (manufacture), sorting, processing, storage and packaging of regulated products moved from the territory of the state of one Party to the territory of the state of the other Party;
jointly carry out certain types of quarantine phytosanitary control (supervision) established by the Regulation on the procedure for quarantine phytosanitary control (supervision) at the customs border of the customs union and the Regulation on the procedure for the implementation of quarantine phytosanitary control (supervision) in the customs territory of the customs union;
interact on other issues in the field of quarantine phytosanitary control (supervision).
2. The Parties shall bear the costs associated with the implementation of paragraph 1 of this Article within the funds provided for by the legislation of the States of the Parties, unless a different procedure is agreed in each specific case.
Article 8
Each of the Parties has the right to develop and introduce temporary quarantine phytosanitary measures in the following cases:
deterioration of the quarantine phytosanitary situation on the territory of their states;
receiving information from relevant international organizations, Parties and (or) third countries on the quarantine phytosanitary measures taken;
if the appropriate scientific justification for the application of quarantine phytosanitary measures is insufficient or cannot be provided within the required time frame.
Article 9.
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 a formal written request for consultations and negotiations sent by one of the Parties to the other Party, then, unless otherwise agreed between the Parties regarding the method of resolving the dispute, either Party shall submit this dispute for consideration to the Court. Eurasian Economic Community.
Article 10.
By agreement of the Parties, this Agreement may be amended, which are formalized in separate protocols.
Article 11.
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, withdrawing from them and joining them dated October 6, 2007 .
Done in the city of St. Petersburg on December 11, 2009 in one original copy in Russian.
