Title
AGREEMENT ON ECONOMIC AND TRADE COOPERATION BETWEEN THE EURASIAN ECONOMIC UNION AND ITS MEMBER STATES, OF THE ONE PART, AND THE PEOPLE'S REPUBLIC OF CHINA, OF THE OTHER PART
Preamble
The Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation (hereinafter referred to as "the EAEU Member States") and the Eurasian Economic Union (hereinafter referred to as "the EAEU"), of the one part, and the People's Republic of China (hereinafter referred to as "China"), of the other part,
RECOGNIZING longstanding friendship and strong economic and trade relationship between the Eurasian Economic Union Member States and China and desiring to strengthen their cooperative partnership;
DESIRING to create environment and conditions for the development of mutual trade relations and for the promotion of economic cooperation between the Parties in the areas of mutual interest;
RECOGNIZING the importance of economic integration in the Asia-Pacific and Eurasia and the importance of conjunction of the Eurasian Economic Union and the Belt and Road Initiative as a means of establishing strong and stable trade relations in the region;
UPHOLDING their right to regulate in order to meet national policy objectives, and preserving their flexibility to safeguard the public welfare;
HAVE AGREED as follows:
Body
Chapter 1. GENERAL PROVISIONS
Article 1.1. General Provisions and Definitions
For the purposes of this Agreement unless otherwise specified:
(a) "Agreement on Agriculture" means the Agreement on Agriculture in Annex 1A to the WTO Agreement;
(b) "Agreement on Safeguards" means the Agreement on Safeguards in Annex 1A to the WTO Agreement;
(c) "Anti-Dumping Agreement" means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;
(d) "Customs Valuation Agreement" means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;
(e) "days" means calendar days including weekends and holidays;
(f) "Eurasian Economic Commission" means the permanent regulatory body of the EAEU established in accordance with the Treaty on the Eurasian Economic Union of 29 May 2014 (hereinafter referred to as "the Treaty on the EAEU");
(g) "GATT 1994" means the General Agreement on Tariffs and Trade 1994 and its interpretative notes in Annex 1A to the WTO Agreement;
(h) "Parties" means, on the one hand, the EAEU within its areas of competence as derived from the Treaty on the EAEU and/or the EAEU Member States, and on the other hand, China;
(i) "SCM Agreement" means the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement;
(j) "SPS Agreement" means the Agreement on the Application of Sanitary and Phytosanitary Measures in Annex 1A to the WTO Agreement;
(k) "TBT Agreement" means the Agreement on Technical Barriers to Trade in Annex 1A to the WTO Agreement;
(l) "TRIPS Agreement" means the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement;
(m) "WTO Agreement" means the Marrakesh Agreement establishing the World Trade Organization of 15 April 1994;
(n) "WTO" means the World Trade Organization established in accordance with the WTO Agreement.
Article 1.2. Objective of this Agreement
The objective of this Agreement is to establish a basis for further development of economic relations between the Parties by ensuring cooperation in the fields covered by this Agreement and facilitating communications between the Parties on matters covered by this Agreement.
Article 1.3. Geographical Applicability
For the implementation of this Agreement only, this Agreement shall apply to the entire customs territory of each of the Parties.
Article 1.4. Relation to other Agreements
1. The Parties affirm their rights and obligations with respect to each other under the WTO Agreement, as well as bilateral agreements to which an EAEU Member State and China are parties.
2. In the event of a divergence between a provision of this Agreement and a provision of the WTO Agreement, the provision of the WTO Agreement shall prevail to the extent of the divergence.
3. In the event of the divergence mentioned in paragraph 2 of this Article the Parties shall immediately consult with a view to finding a mutually acceptable solution.
4. In case a bilateral agreement to which an EAEU Member State and China are parties provides for treatment more favorable in respect of issues
covered by this Agreement than the one provided for in this Agreement, the provision of such more favorable treatment shall prevail.
Article 1.5. Consultations
Any disputes arising from this Agreement shall be settled by the Parties via consultations in order to reach a mutually acceptable solution
Article 1.6. Most-Favored-Nation-Treatment
Article I of GATT 1994 and its interpretative notes as well as any exception, exemption and waiver to the obligation to grant treatment set out in Article I of GATT 1994 applicable under the WTO Agreement are incorporated into and form part of this Agreement.
Article 1.7. National Treatment
Article III of GATT 1994 and its interpretative notes as well as any exception, exemption and waiver to the obligation to grant treatment set out in Article III of GATT 1994 applicable under the WTO Agreement are incorporated into and form part of this Agreement.
Article 1.8. Fees and Formalities Connected with Importation and Exportation
Article VIII of GATT 1994 and its interpretative notes as well as any exception, exemption and waiver to the obligations set out in Article VIII of GATT 1994 applicable under the WTO Agreement are incorporated into and form part of this Agreement.
Article 1.9. General Exceptions
Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures:
(a) necessary to protect public morals;
(b) necessary to protect human, animal or plant life or health;
(c) relating to the importations or exportations of gold or silver;
(d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of GATT 1994, including those relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article If and Article XVII of GATT 1994, the protection of patents, trademarks and copyrights, and the prevention of deceptive practices;
(e) relating to the products of prison labour;
(f) imposed for the protection of national treasures of artistic, historic or archaeological value;
(g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;
(h) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilization plan; Provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of GATT 1994 relating to non-discrimination;
(i) essential to the acquisition or distribution of products in general or local short supply; Provided that any such measures shall be consistent with the principle that the Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of GATT 1994 shall be discontinued as soon as the conditions giving rise to them have ceased to exist.
Article 1.10. Security Exceptions
Nothing in this Agreement shall be construed:
(a) to require a Party to furnish any information the disclosure of which it considers contrary to its essential security interests; or
(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests
(i) relating to fissionable materials or the materials from which they are derived;
(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;
(iii) taken in time of war or other emergency in international relations; or
(c) to prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
Article 1.11. Disclosure of Confidential Information
Nothing in this Agreement shall require a Party to provide confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest or which would prejudice legitimate commercial interests of particular enterprises, public or private.
Chapter 2. TRANSPARENCY
Article 2.1. Objective
The objective of this Chapter is to establish effective mechanisms and disciplines related to publication and administration of measures of general application pertaining to the matters covered by this Agreement.
Article 2.2. Publication of Measures
1. Each Party shall ensure in accordance with its relevant laws and regulations timely publication or other public availability for free access, including in the electronic form, of its measures of general application, including information on amendments of such measures and international agreements to which it is party entering into force after the date of entry into force of this Agreement, on all matters covered by this Agreement. Information in the electronic form, where feasible, shall be made available on official publicly accessible websites of responsible bodies, with reference to a body responsible for application and enforcement of such measure. Interested persons shall be provided with non-discriminatory access to information on such measures, including, where feasible, through a fee-free accessible website.
2. To the extent possible each Party in accordance with its relevant laws and regulations shall:
(a) publish in advance any measure mentioned in paragraph 1 of this Article, which is envisaged for adoption; and
(b) provide interested persons and the other Party with a reasonable opportunity to comment on such measures.
3. No measure of general application taken by any Party effecting an advance in arate of duty or other charge on imports under an established and uniform practice, or imposing a new or more burdensome requirement, restriction or prohibition on imports, or on the transfer of payments therefor, shall be enforced before such measure has been officially published.
Article 2.3. Administration of Measures
1. Each Party shall administer in a uniform, impartial and reasonable manner all its measures of general application pertaining to the operation of this Agreement.
2. Each Party shall maintain, or institute as soon as practicable, judicial, arbitral or administrative tribunals or procedures for the purpose, inter alia, of the prompt review and correction of administrative action relating to customs matters. Such tribunals or procedures shall be independent of the agencies entrusted with administrative enforcement and their decisions shall be implemented by, and shall govern the practice of, such agencies unless an appeal is lodged with a court or tribunal of superior jurisdiction within the time prescribed for appeals to be lodged by importers; Provided that the central administration of such agency may take steps to obtain a review of the matter in another proceeding if there is good cause to believe that the decision is inconsistent with established principles of law or the actual facts.
3. The provisions of paragraph 2 of this Article shall not require the elimination or substitution of procedures in force in the territory of a Party on the date of this Agreement which in fact provide for an objective and impartial review of administrative action even though such procedures are not fully or formally independent of the agencies entrusted with administrative enforcement. Any Party employing such procedures shall, upon request, furnish the other Party with full information thereon in order that the latter Party may determine whether such procedures conform to the requirements of this paragraph.
Article 2.4. Notification on Measures and Provision of Information
1. Each Party shall endeavor to notify the other Party of the information on any measure that the former Party considers might materially affect the operation of this Agreement.
2. If a Party considers that a measure of general application pertaining to the matters covered by this Agreement of the other Party may have effect on the operation of this Agreement, such Party shall have a right to request the other Party to provide detailed information on the measure in question. In its request for information, the requesting Party shall provide the practical reasons for such request.
3. Upon the request of a Party the other Party shall timely provide necessary information and respond to relevant questions concerning any measure of general application adopted or envisaged for adoption. Information upon the request under this paragraph shall be provided no later than within 45 days in the state/official language of the replying Party from the date of receipt of the request.
4. The information requested under paragraphs 1 and 2 of this Article shall be provided in writing in English or in a state/official language ofa Party with English translation attached for reference.
5. The request for information of one Party and the relevant response of the other Party shall be provided through the contact points of the Parties, designated in accordance with Article 12.2 of this Agreement.
6. For the purposes of this Agreement the information shall be considered as provided in accordance with paragraphs 1 and 3 of this Article if it has been provided by a Party in accordance with its obligations under the WTO Agreement or if relevant information has been made publicly available, including through an official website of a competent body on the Internet.
Chapter 3. TRADE REMEDIES
Article 3.1. General Provisions
The Parties shall apply anti-dumping, countervailing and safeguard measures in accordance with the provisions of Article VI and Article XIX of GATT 1994, the Anti-Dumping Agreement, the SCM Agreement and the Agreement on Safeguards, respectively.
Article 3.2. Exchange of Information on Laws and Regulations
1. The Parties shall provide to each other their laws and regulations currently in force governing imposition and application of the anti-dumping, countervailing and safeguard measures within their territories. The Parties shall inform each other of any changes in these laws and regulations not later than 60 days after these changes come into force.
2. The EAEU Member States shall be considered as having complied with the provisions of paragraph 1 of this Article if the relevant information has been provided to China by the EAEU.
Article 3.3. Notifications
A Party considering initiating an anti-dumping, countervailing duty or safeguard investigation shall endeavor to provide the other Party with a written notification of the receipt of the application for the initiation of such investigation no later than 15 days prior to the initiation of the investigation.
Article 3.4. Exchange of Information
1. The Parties shall ensure the exchange of the information in a timely manner in the sphere of imposition and application of anti-dumping, countervailing and safeguard measures, including methodologies and experience of the Parties, in order to facilitate mutual understanding of practices of the Parties.
2. The Parties shall ensure the exchange of the information and opinions on the regular basis on the international practice of imposition and application of anti-dumping, countervailing and safeguard measures as well as its evolution.
3. Each Party may request the other Party in writing to provide information on any issue covered by this Chapter. The request shall include the reasons for the request of the former Party. The Parties shall endeavor to provide the requested information in writing within a reasonable period of time but not exceeding 30 days upon receipt of the request. The provision of the requested information shall not prevent the Parties from initiating an anti- dumping, countervailing duty or safeguard investigation and shall not impede such investigation.
Article 3.5. Consultations
The Parties may consult on the issues covered by this Chapter. For this purpose a Party shall provide the other Party with a written request for consultations. The consultations shall take place as soon as possible, but not later than 30 days upon receipt of such a written request. Such consultations shall not prevent the Parties from initiating an anti-dumping, countervailing duty or safeguard investigation and shall not impede such investigation.
Article 3.6. Exchange of Contact Information
1. The Parties shall exchange information on the names and contacts of the investigating authorities and other competent authorities of the Parties participating in the cooperation in accordance with this Chapter within 30 days from the date of entry into force of this Agreement. The Parties shall promptly notify each other of any change to the investigating authorities and other competent authorities.
2. The EAEU Member States shall be considered as having complied with the provisions of paragraph 1 of this Article if the relevant information has been provided to China by the EAEU.
Article 3.7. Non-application of Chapter 2
The provisions of this Chapter shall be excluded from the application of Chapter 2 of this Agreement.
Article 3.8. Subsidy Related Issues
1. Upon request of a Party, the other Party within a reasonable period of time shall provide its subsidy notification produced according to Article 25.3 of the SCM Agreement. Where a Party is not a WTO member, the Party shall provide a subsidy notification, of which both the format and contents shall be identical to those required by Article 25.3 of the SCM Agreement.
A Party may make a request in writing for information on the nature and extent of a subsidy granted or maintained by the other Party. The Party so requested shall provide such information as quickly as possible and in a comprehensive manner, and shall be ready, upon request, to provide additional information to the requesting Party.
2. If a Party has reason to believe that a subsidy granted or maintained by the other Party results in injury to its domestic industry, nullification or impairment or serious prejudice as defined by the SCM Agreement, such Party may request consultations with the other Party.
A request for consultations shall include a statement of available evidence with regard to (a) the existence and nature of the subsidy in question, and (b) the injury caused to the domestic industry, or the nullification or impairment, or serious prejudice caused to the interests of the requesting Party.
3. Consultations indicated in the above paragraphs of this Article shall take place within 60 days upon receipt of the request unless the Parties agree otherwise.
4. This Article shall not apply to subsidies related to products listed in Annex I to the Agreement on Agriculture.
Chapter 4. TECHNICAL BARRIERS TO TRADE
Article 4.1. Objectives
The objectives of this Chapter are to:
(a) facilitate trade in goods between the Parties by preventing and eliminating unnecessary barriers to trade, which may arise as a result of the preparation, adoption and application of standards, technical regulations and conformity assessment procedures;
(b) strengthen cooperation between the Parties, including information exchange in relation to the preparation, adoption and application of standards, technical regulations and conformity assessment procedures;
(c) promote mutual understanding of each Partyâs standards, technical regulations and conformity assessment procedures;
(d) strengthen cooperation between the Parties in the work of international bodies related to standardization, accreditation and conformity assessment;
(e) effectively solve the problems arising from trade between the Parties within the scope of this Chapter.
Article 4.2. Definitions
For the purposes of this Chapter, the definitions set out in Annex 1 to the TBT Agreement shall apply.
Article 4.3. Scope
1. This Chapter shall apply to all standards, technical regulations and conformity assessment procedures of the Parties that may directly or indirectly affect the trade in goods between the Parties except for:
(a) purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies; and
(b) sanitary and phytosanitary measures as defined in Chapter 5 of this Agreement.
2. Each Party shall take such reasonable measures, as may be available to it, to ensure compliance with the provisions of this Chapter by local governmental bodies and non-governmental bodies within its territory which are responsible for preparation, adoption and application of standards, technical regulations and/or conformity assessment procedures.
Article 4.4. Incorporation of the TBT Agreement
Except as otherwise provided for in this Chapter, the TBT Agreement shall apply between the Parties and is incorporated into and form part of this Agreement.
Article 4.5. Transparency
1. The Parties acknowledge the importance of transparency with regard to the preparation, adoption and application of standards, technical regulations and conformity assessment procedures.
2. Where a Party provides notification under Article 2.9 and/or Article 5.6 of the TBT Agreement it shall:
(a) provide a period of at least 60 days for the other Party and its stakeholders to make comments;
(b) upon written request, make available to the other Party the text of any proposed technical regulations and conformity assessment procedures within 12 days upon receipt of the request;
(c) take into consideration the comments made within the period for comments by the other Party or its stakeholders;
(d) provide to the other Party information on the reasons for not accepting the comments referred to in subparagraph c of this paragraph upon request.
3. Where a Party makes notification under Article 2.10 and/or Article 5.7 of the TBT Agreement it shall upon written request of the other Party, provide the copies of the notified technical regulations and/or conformity assessment procedures within 5 days upon receipt of such request.
4. Each Party shall make available to the other Party the list of accredited/designated certification bodies and test laboratories, as well as information on their accreditation/designation scope.
5. Each Party should allow a reasonable interval, normally not less than 6 months, between the publication of technical regulations and their entry into force, except for situations where urgent problems of safety, health, environmental protection or national security arise or threaten to arise for the Parties or when this would be ineffective in fulfilling the legitimate objectives pursued by such technical regulations.
6. Each Party shall ensure prompt publication of adopted technical regulations and conformity assessment procedures or make them available in such a manner as to enable interested persons of the other Party to become acquainted with them.
Article 4.6. Cooperation
1. Each Party shall, upon request of the other Party, give positive consideration to proposals of cooperation on standards, technical regulations and conformity assessment procedures. Such cooperation, which shall be based on mutually determined terms and conditions, may include but is not limited to the following activities:
(a) joint seminars for enhancing mutual understanding of standards, technical regulations and conformity assessment procedures in each Party;
(b) exchange of officials of the Parties for training purposes;
(c) exchange of information on market surveillance activities related to products of mutual interest within the scope of this Chapter;
(d) cooperation in scientific and technical areas with an aim to improve the quality of technical regulations;
(e) comparison studies on each other's technical regulations and standards;
(f) exploration of opportunities for cooperation in metrology, testing, inspection and certification areas;
(g) enhancement of cooperation in areas of mutual interest in the work of relevant international bodies related to the development and application of standards and conformity assessment procedures;
(h) strengthening of communication and cooperation in order to enhance coordination in the Committee on Technical Barriers to Trade of the WTO (hereinafter referred to as the "WTO/TBT Committee") and other relevant international or regional fora;