Agreement of the customs union on veterinary and sanitary measures (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/902207256
Document with changes made: international protocol of May 21, 2010 (for the order of entry into force, see article 3 of the international protocol of May 21, 2010 ).
Ratified by the Federal Assembly (Federal Law of May 19, 2010 N 93-FZ - Collected Legislation of the Russian Federation, 2010, N 21, Article 2531). 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 Conduct of a Coordinated Policy in the Field of Technical Regulation, Sanitary and Phytosanitary Measures of January 25, 2008,
Recognizing the advisability of pursuing a uniform policy in the field of veterinary medicine,
Taking into account the rules and principles of the Sanitary Code of Terrestrial Animals and the Sanitary Code of Aquatic Animals of the International Epizootic Bureau, as well as the Agreement on cooperation in the field of veterinary medicine of the CIS member states of March 12, 1993 ; 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 Marrakesh,
In order to ensure the protection of the customs territory of the customs union from the import and spread of pathogens of infectious animal diseases, including those common to humans and animals, and goods (products) that do not meet veterinary (veterinary and sanitary) requirements,
Have agreed as follows:
Article 1
The following terms are used in this Agreement:
"veterinary control (supervision)" - the activities of authorized bodies aimed at preventing the import and spread of pathogens of infectious animal diseases, including those common to humans and animals, and goods (products) that do not meet veterinary (veterinary and sanitary) requirements, and prevention, detection, suppression of violations of the legislation of the customs union and the legislation of the states of the Parties in the field of veterinary medicine;
"veterinary and sanitary measures" - mandatory requirements and procedures applied in order to prevent animal diseases and protect the population from diseases common to humans and animals in connection with emerging risks, including in the case of their transfer or spread by animals, with feed, raw materials and products of animal origin, as well as vehicles transporting them, within the customs territory of the customs union;
"authorized bodies" - state bodies and institutions of the states of the Parties, carrying out activities in the field of veterinary medicine.
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 goods (products) controlled by veterinary control (supervision), including goods for personal use (hereinafter referred to as controlled goods), transported across the customs border of the customs union and in the customs territory of the customs union, included in the Unified List of Goods Subject to Veterinary Control (supervision) (hereinafter - the Unified List).
Controlled goods must comply with the Unified Veterinary (Veterinary and Sanitary) Requirements for Goods Subject to Veterinary Control (Surveillance) (hereinafter referred to as the Unified Veterinary Requirements), and are subject to mandatory veterinary control (supervision) in accordance with the Regulations on the Uniform Procedure for Exercising Veterinary Control for the customs border of the customs union and on the customs territory of the customs union (hereinafter referred to as the Regulation on a unified control procedure).
Article 3
The authorized bodies exercise veterinary control (supervision) when moving controlled goods across the customs border of the customs union at checkpoints across the state borders of the states of the Parties or in other places determined by the legislation of the states of the Parties (hereinafter referred to as checkpoints), which are equipped and equipped with veterinary control devices in accordance with with the legislation of the states of the Parties.
Article 4.
1. Each batch of controlled goods is imported into the customs territory of the customs union in accordance with the Unified Veterinary Requirements and subject to the availability of: a permit issued by the authorized body into the territory of which the said goods are imported, in accordance with the Regulations on the Unified Control Procedure, and (or) of a veterinary certificate issued by the competent authority of the country of departure of the specified goods (the paragraph was supplemented from May 19, 2011 by the international protocol of May 21, 2010 .
On the basis of the Unified Veterinary Requirements, the authorized bodies can bilaterally agree on samples of veterinary certificates for controlled goods imported into the unified customs territory of the Customs Union, included in the Unified List, with the competent authorities of the country of origin (third party). Samples of these veterinary certificates are sent to the Commission of the Customs Union (hereinafter - the Commission) for their transfer to checkpoints.
Controlled goods placed under the customs transit procedure are transported through the customs territory of the customs union in accordance with the Regulation on a unified control procedure.
2. Controlled goods are transported from the territory of the state of one Party to the territory of the state of the other Party in accordance with the Uniform veterinary requirements and are accompanied by a veterinary certificate.
The parties mutually recognize veterinary certificates issued by authorized bodies in uniform forms approved by the Commission.
Article 5.
1. On the basis of the Unified Veterinary Requirements, the authorized bodies take measures to prevent the import and spread of pathogens of infectious animal diseases in the customs territory of the Customs Union, including those common to humans and animals, and goods (products) of animal origin, dangerous in veterinary and sanitary terms.
2. Authorized bodies:
in the case of detection and spread of infectious animal diseases on the territory of their states, including those common to humans and animals, and goods (products) of animal origin, dangerous in veterinary and sanitary terms, immediately after the official diagnosis or confirmation of the unsafeness of the goods (products) send information about them, as well as the adopted veterinary and sanitary measures to the EurAsEC Information System in the field of technical regulation, sanitary and phytosanitary measures and the Integrated Information System of Foreign and Mutual Trade of the Customs Union;
promptly notify the Commission of changes in the list of dangerous and quarantine animal diseases of the State of the Party;
render each other scientific, methodological and technical assistance in the field of veterinary medicine.
Article 6.
The authorized bodies, if necessary and by mutual agreement, in order to ensure compliance with the legislation of the customs union on the protection of the customs territory of the customs union from the import and spread of pathogens of infectious animal diseases, including those common to humans and animals, and goods (products) that do not correspond to veterinary (veterinary and sanitary) requirements, can conduct joint inspections (inspections) of organizations and persons engaged in the production, processing and (or) storage of controlled goods imported into the customs territory of the customs union, as well as moved from the territory of the state of one Party to the territory of the state of the other Party (paragraph as amended by the international protocol of May 21, 2010 on May 19, 2011 .
Joint inspection (inspection) of objects subject to veterinary control (supervision) is carried out in accordance with the Regulations on a unified procedure for joint inspections of objects and sampling of goods (products) subject to veterinary control (supervision) (hereinafter referred to as the Regulations on a unified inspection procedure).
The financing of the costs associated with the conduct of joint audits (inspections) is carried out from the respective budgets of the states of the Parties, unless a different procedure is agreed in each specific case.
Article 7
1. A unified list of goods subject to veterinary control (supervision); Uniform veterinary (veterinary and sanitary) requirements for goods subject to veterinary control (supervision); The Regulation on a unified procedure for the implementation of veterinary control at the customs border of the customs union and on the customs territory of the customs union, as well as the Regulation on a uniform procedure for joint inspections of objects and sampling of goods (products) subject to veterinary control (supervision), are approved by the decision of the Commission.
2. The maintenance of the documents specified in paragraph 1 of this article, the Consolidated List of Dangerous and Quarantine Animal Diseases of the States of the Parties, as well as the approval of uniform forms of veterinary certificates, shall be carried out by the Commission from the date on which the Parties grant it the appropriate powers (paragraph as amended from May 19, 2011 year by the international protocol of May 21, 2010 .
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 paragraphs 1 and 2 of this article, their subsequent approval and communication to the Parties.
Proposals on amendments and additions to the documents specified in paragraphs 1 and 2 of this article shall be submitted to the Commission for consideration in the prescribed manner upon the proposal of the authorized bodies of any of the Parties.
Article 8
Each of the Parties has the right to develop and introduce temporary veterinary requirements and measures in case of receiving official information from the relevant international organizations, states of the Parties, as well as third countries on the deterioration of the epizootic situation in the territory of third countries or states of the Parties.
If the above information is available, but if there is insufficient scientific justification or if it cannot be provided within the required time frame, the Parties may take immediate veterinary and sanitary measures.
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 of the 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.
The original copy of this Agreement shall be kept by the Customs Union Commission, which, being the depositary of this Agreement, will send each Party a certified copy.
