The agreement on application of technical, medical, pharmaceutical, sanitary, veterinary and phytosanitary standards, rules and requirements for the goods imported into the State Parties of the Commonwealth of Independent States

The governments of the State Parties of the Commonwealth of Independent States which are hereinafter referred to as with the Parties

being guided by provisions of the Agreement on creation of the free trade area of April 15, 1994, the Protocol on modification and amendments in the Agreement of April 2, 1999 and the Decision of Council of CIS Heads of Government of June 4, 1999 about the main areas of work on accomplishment of the Decision of Council of heads of states of the CIS of April 2, 1999 on forming of the free trade area, the Agreement on technical barriers in the free trade area of June 20, 2000, and also other corresponding international treaties signed within the Commonwealth of Independent States

in development of the Agreement on the Total agrarian market of the State Parties of the Commonwealth of Independent States of March 6, 1998,

proceeding from the universally recognized norms of international law and national legal systems of the Parties,

aiming at further expansion of mutually advantageous trade and economic relations,

recognizing relevance of the taken measures which will promote protection of life and health of the person, improvement of phytosanitary situation and preserving the environment in the State Parties of the CIS,

agreed as follows:

Article 1

Application of technical, medical, pharmaceutical, sanitary, veterinary and phytosanitary standards, rules and requirements (further - requirements) concerning the goods imported on customs areas of the Parties includes set of the regulations and rules directed to identification, the prevention and non-admission of violations in case of commodity importation.

Article 2

The parties assign implementation of the state control (supervision) of application of requirements for the goods imported on customs areas of the Parties, on the ministries and departments determined according to national legal systems of the Parties (further - authorized bodies).

Article 3

The procedure for application of requirements extends to the goods made in the territories of one Parties and intended for import to customs areas of other Parties.

Article 4

Commodity importation which do not conform to the requirements existing in the territories of the Parties is not allowed.

The parties charge to authorized bodies to provide coordinated actions for prevention of commodity importation, not conforming to the existing requirements.

Article 5

Authorized bodies are guided by General requirements to procedure and rules of carrying out certification of products (appendix 1), Regulations on procedure for import to customs areas of the State Parties of the CIS of the goods which are subject to obligatory certification (appendix 2) and Regulations on general requirements to the organization of health, veterinary and phytosanitary control concerning the goods moved through borders of the State Parties of the CIS (appendix 3), being integral part of this agreement.

Article 6

Authorized bodies exchange lists of the accredited bodies performing certification of goods, lists of the accredited and certified organizations and the organizations performing medicobiological and other researches of products (goods) on safety indicators for health of the person, samples of the certificates, national marks of conformity, and also lists of products which are subject to obligatory certification, and inventories which are subject to the state health, phytosanitary and veterinary control.

Article 7

Import to customs areas of the Parties of medicines, products of medical appointment and medical equipment, biological products, remedies of animals, the veterinary equipment and tools is performed according to national legal systems of the Parties.

Article 8

The parties are guided by provisions of the Convention on international trade in the types of wild flora and fauna which are under the threat of disappearance of March 3, 1973 (SITES) and resolutions of the SITES conferences if objects of trade fall under its action.

Article 9

This agreement becomes effective from the date of delivery on storage to depositary of the third notification on accomplishment by the Parties of the interstate procedures necessary for its entry into force which signed it.

For the Parties which performed necessary procedures later it becomes effective from the date of delivery on storage to depositary of the relevant documents.

Article 10

Changes and additions by common consent of the Parties can be made to this agreement. Changes and amendments are drawn up by separate protocols which become effective according to the procedure, stipulated in Article the 9th this agreement.

Article 11

The disputes and disagreements connected using and interpretation of this agreement, are permitted by negotiations of concerned parties.

Article 12

This agreement is effective within five years from the date of its entry into force and will be prolonged automatically for the subsequent five-year periods if the Parties do not make other decision.

Article 13

This agreement is open for accession to it of the third states sharing its purposes and the principles with the consent of all Parties by transfer to depositary of documents on such accession.

Accession is considered the depositary of the last message on consent to such accession which became effective from the date of receipt.

Article 14

Each Party can leave this agreement, having sent the written notice of it to depositary not later than six months before date of exit.

It is made in the city of Moscow on September 28, 2001 in one authentic copy in Russian. The authentic copy is stored in Executive committee of the Commonwealth of Independent States which will send to each state which signed this agreement, its verified copy.

 

For the Government Azerbaijan Republic (special opinion)

For the Government Republic of Moldova

For the Government Republic of Armenia

For the Government Russian Federation

For the Government Republic of Belarus

For the Government Republic of Tajikistan

For the Government Georgia

For the Government  Turkmenistan

For the Government Republic of Kazakhstan

For the Government Republic of Uzbekistan

For the Government Kyrgyz Republic

For the Government Ukraine (with clause)

Appendix 1

to the Agreement on application of technical, medical, pharmaceutical, sanitary, veterinary and phytosanitary standards, rules and requirements for the goods imported into the State Parties of the Commonwealth of Independent States of September 28, 2001

General requirements to procedure and rules of carrying out certification of products

These General requirements to the Procedure and rules of carrying out certification of products (further - General requirements) establish the general principles of implementation of procedure and rules of carrying out obligatory certification of products in the states which are agreement parties about application of technical, medical, pharmaceutical, sanitary, veterinary and phytosanitary standards, rules and requirements for the goods imported into the State Parties of the Commonwealth of Independent States which are hereinafter referred to as with the Parties.

General requirements are aimed at providing recognition of results of certification of products and exception of additional obstacles in trade between the Parties.

 

1. General provisions

1.1. Activities for certification of products are performed according to national legal systems of the Parties and these General requirements.

1.2. Obligatory certification of products is performed in the cases provided by national legal systems of the Parties.

1.3. Inventories, subject to obligatory certification, are determined by each Party according to the national legal system.

1.4. The regulating documents used in case of obligatory certification of products include technical regulations, interstate or national standards, sanitary, veterinary and phytosanitary standards and requirements for safety and environmental protection and other documents according to legislations of the Parties which establish mandatory requirements to products.

1.5. The test methods applied in case of certification of products shall allow to receive comparable results of testing of other Party with their help or by means of equivalent methods.

1.6. Schemes of certification are established by systems of certification of products of the Parties.

1.7. Certification of products and its testing is carried out by certification bodies and test laboratories (centers) accredited according to the procedure, established in the territory of the Party, within the areas of accreditation.

1.8. The register of accredited bodies on certification and test laboratories shall be available to other states of the Parties.

1.9. Rules of recognition of results of works on certification of products are regulated by the Procedure for recognition of results of works on certification accepted by Interstate council on standardization, metrology and certification at meeting on October 20, 1993, the N4-93 protocol with changes of Item 6, the accepted by Council at meeting on October 12, 1995, the N8-95, protocol and bilateral agreements in this sphere between the Parties.

 

2. General requirements to procedure for carrying out certification of products

2.1. Certification of products includes the following procedures:

- application;

- consideration of the request and acceptance of the decision on it;

- identification of products, selection and testing of samples in accredited test laboratories;

- production check, certification of the quality system (if it is provided by the scheme of certification);

- the analysis of the received results, registration and issue of the certificate and permission (license) for application of mark of conformity;

- inspection check-up behind the certified products, the quality system (if it is provided by the scheme of certification).

Each procedure of certification shall be drawn documentary up.

2.2. For carrying out certification of products the applicant sends the request to the relevant accredited body on certification of products.

The commitment form, structure and contents of the documents attached to it is determined by national system of certification of products of the Parties.

2.3. The certification body of products considers the request and makes on it the decision containing conditions of carrying out certification, including its scheme.

In case of the choice of the scheme of certification it is necessary to consider features of production, testing, deliveries and uses of specific products, the required level of substantiality, possible costs of the applicant.

2.4. Testing are carried out on samples which design, the structure and manufacturing techniques shall be same, as at products delivered to the consumer (customer).

The quantity of samples, procedure for their selection, the rule of identification and storage are established according to regulating documents on these products and techniques of testing of the Parties.

Test reports are represented to the applicant and to certification body of products. Copies of test reports are subject to storage during the terms established in systems of certification of the Parties, but certificate effective period suffices.

2.5. Depending on the scheme of certification assessment of condition of production or certification of quality systems is carried out.

2.6. The certification body after the analysis of test reports, appraisal reports of condition of production, certificates on the quality system (productions) if it is established by the scheme of certification, the analysis of other documents on compliance of products performs overall assessment of compliance of products to the established requirements, draws up the certificate and registers it.

In the certificate all documents which are the basis for issue of the certificate are specified.

In case of obligatory certification the certificate is issued if products conform to the safety requirements established by all regulating documents for these products.

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