(i) encouragement of the bodies responsible for standards, technical regulations and conformity assessment procedures in each Party to cooperate on matters of mutual interest.
2. The implementation of paragraph 1 of this Article shall be subject to the availability of appropriate funds and the respective laws and regulations of the Parties.
3. The Parties agree to exchange information on standards, technical regulations and conformity assessment procedures, including testing, inspection, certification, accreditation and metrology, with a view to enhancing cooperation in these areas.
4. The Parties shall endeavor to establish and maintain mechanisms, on the basis of which the gradual alignment of their standards, technical regulations and conformity assessment procedures can be achieved, inter alia, by the following means:
(a) encouragement of the use of adopted international instruments in these areas, including those developed within the framework of the WTO/TBT Committee;
(b) greater harmonization of national standards of the Parties with relevant international standards, except where inappropriate or ineffective.
5. A Party shall, upon request of the other Party, give consideration to proposals for cooperation on specific sectors or product groups within the scope of this Chapter.
6. On the basis of alignment of standards, technical regulations and conformity assessment procedures for specific sectors or product groups, the Parties may consider to initiate negotiations on agreements in order to facilitate trade in goods between the Parties by eliminating unnecessary barriers to trade.
7. Where a Party detains, at a port of entry, goods exported from the other Party due to lack of necessary documents confirming compliance of these goods with technical regulation(s) or conformity assessment procedures or perceived failure of compliance of these goods with technical regulation(s) or conformity assessment procedures of this Party, the reasons for the detention shall be promptly notified to the importer or representative of the importer (carrier).
Article 4.7. Technical Consultations
1. When a Party considers that a relevant technical regulation or conformity assessment procedure of the other Party has created unnecessary obstacle to its exports to that other Party, it may request technical consultations.
2. The requested Party shall enter into technical consultations within 60 days upon receipt of the request with a view to finding a mutually acceptable solution. Technical consultations may be conducted via any means mutually agreed by the Parties.
Article 4.8. Information Exchange
1. Unless otherwise provided for in this Chapter, a Party shall respond to other Party's request within a reasonable period of time that should not normally exceed 60 days.
2. The Parties shall, to the fullest extent possible, endeavor to exchange information relevant to the matters covered by this Chapter in English.
Article 4.9. Contact Points
1. Each Party shall designate a contact point or contact points which shall have the responsibility for coordinating the operation of this Chapter.
The functions of such contact points shall include:
(a) cooperation between the Parties under Article 4.5 of this Chapter;
(b) exchange of information within the scope of this Chapter;
(c) provision and receipt of requests for cooperation within the scope of this Chapter and provision of relevant responses;
(d) provision and receipt of requests for consultations under Article 4.7 of this Chapter and provision of relevant responses.
2. Each Party shall provide the other Party with the information on the designated contact point or contact points including contact details such as name(s) of the contact person(s), telephone number(s), fax number(s) and email address(es).
3. Each Party shall notify the other Party promptly of any change in its contact point(s) or any amendments to the details of the relevant contact person(s).
Chapter 5. SANITARY AND PHYTOSANITARY MEASURES
Article 5.1. Objectives
The objectives of this Chapter are to:
(a) enhance cooperation for the purpose of minimizing negative effects of the sanitary and phytosanitary measures on trade of the Parties while protecting human, animal or plant life or health in the territories of the Parties and recognizing the right of the Parties to adopt and enforce sanitary and phytosanitary measures consistent with their international obligations;
(b) strengthen mutual understanding of the regulatory systems of the Parties in the sphere of sanitary and phytosanitary measures;
(c) enhance transparency of sanitary and phytosanitary measures and regulatory systems of the Parties; and
(d) strengthen cooperation between competent authorities of the Parties in the sphere of sanitary and phytosanitary measures.
Article 5.2. Scope
This Chapter shall apply to all sanitary and phytosanitary measures of the Parties that may, directly or indirectly, affect trade in goods between the Parties.
Article 5.3. Definitions
For the purposes of this Chapter, the definitions set out in Annex A to the SPS Agreement shall apply.
Article 5.4. Incorporation of the SPS Agreement
Except as otherwise provided for in this Chapter, the SPS Agreement shall apply between the Parties and is incorporated into and form part of this Agreement.
Article 5.5. Information Exchange and Transparency
1. The Parties acknowledge the importance of transparency in the preparation and application of sanitary and phytosanitary measures, inter alia, through the exchange of information on their respective sanitary and phytosanitary measures in a timely manner.
2. When a Party makes notification in accordance with paragraph 5 (b) or paragraph 6 (a) of Annex B of the SPS Agreement, this Party shall provide, upon request, copies of the proposed regulation to the requesting Party.
3. Each Party shall allow at least 60 days for the other Party to present comments on the proposed sanitary or phytosanitary measures except where urgent problems of health protection arise or threaten to arise.
4. Each Party shall take the comments of the other Party into account and shall endeavor to provide responses to these comments upon request.
5. Where a Party detains, at the port of entry, goods exported from the other Party due to a perceived failure to comply with sanitary or phytosanitary requirements, the reasons for the detention shall be provided in writing to the importer or representative of the importer (carrier).
6. Each Party, upon written request from the other Party, shall endeavor to provide timely information on any matter related to sanitary and phytosanitary measures which has arisen or may arise from bilateral trade between the Parties.
7. The Parties shall endeavor to exchange information in English.
Article 5.6. Cooperation
1. The Parties agree to cooperate in order to facilitate the operation of this Chapter and to strengthen mutual understanding of relevant systems. Such cooperation shall be based on mutually agreed terms and conditions and may include, but is not limited to:
(a) exchange of information related to sanitary and phytosanitary measures within the scope of this Chapter;
(b) encouragement of cooperation, communication and coordination between competent authorities of the Parties involved into issues on food safety, human, animal or plant life or health within the framework of relevant international organizations, including the International Plant Protection Convention, the Codex Alimentarius Commission and the World Organization for Animal Health;
(c) development of training programs for exchange of experience between the competent authorities in order to deepen mutual understanding of measures taken by the Parties to ensure food safety and to prevent spread of animal diseases and pests;
(d) cooperation on matters pertaining to adaptation to regional conditions, including recognition of the pest- or disease-free areas and areas of low pest or disease prevalence of the Parties;
(e) encouragement of exchange of experience with respect to, inter alia, laboratory testing techniques, disease/pest control methods and risk analysis methodology; and
(f) enhancement of cooperation and exchange of experience between the Enquiry Points of the Parties designated for sanitary and phytosanitary matters pursuant to the WTO Agreement.
2. The Parties may conclude additional arrangements to further cooperation on development and application of sanitary and phytosanitary measures.
Article 5.7. Technical Consultations
1. When a Party considers that a sanitary or phytosanitary measure of the other Party has created disguised restriction on its export to the other Party, it may request technical consultations.
2. The requested Party shall enter into technical consultations within a period not exceeding 60 days upon receipt of the request with a view to finding a mutually acceptable solution. Technical consultations may be conducted via any means mutually agreed by the Parties.
Article 5.8. Contact Points
1. Each Party shall designate a contact point or contact points which shall, for that Party, have the responsibility for coordinating the operation of this Chapter.
The functions of such contact points shall include:
(a) cooperation under Article 5.5 of this Chapter;
(b) provision and receipt of requests for consultations under Article 5.7 of this Chapter;
(c) provision and receipt of requests for cooperation within the framework of this Chapter and provision of relevant responses.
2. Each Party shall provide the other Party with information on the designated contact point or contact points including contact details such as name(s) of the contact person(s), telephone number(s), fax number(s) and email address(es).
3. Each Party shall notify the other Party promptly of any change in its contact points or any amendments to the details of the relevant contact person(s).
Chapter 6. CUSTOMS COOPERATION AND TRADE FACILITATION
Article 6.1. Definitions
For the purposes of this Chapter:
(a) "advance ruling" means a written decision provided by a Party to an applicant prior to the importation of a good covered by the application that sets forth the treatment that the Party shall provide to the good at the time of importation with regard to the good's tariff classification, and the origin of the good;
(b) "customs law" means the customs law within the meaning of International Convention on the Simplification and Harmonization of Customs Procedures (Revised Kyoto Convention);
(c) "inward processing" means the customs procedure under which certain goods can be brought into a Party's customs territory conditionally relieved, totally or partially, from payment of import duties and taxes, or eligible for duty drawback, on the basis that such goods are intended for manufacturing, processing, or repair and subsequent exportation;
(d) "means of transport" means various types of vessels, vehicles, including railway vehicles, aircrafts, which enter or leave the territory of a Party carrying persons and/or goods.
Article 6.2. Scope and Objectives
1. This Chapter shall apply to customs operations and to other customs matters pertaining to trade in goods between the Parties and related movement of means of transport between the Parties.
2. The objectives of this Chapter are to:
(a) simplify customs operations of the Parties;
(b) facilitate trade between the Parties, including by expediting release and clearance of goods so as to speed up their cross-border movement and reduce related costs borne by traders of the Parties;
(c) enhance transparency and predictability of customs operations of the Parties; and
(d) promote customs cooperation within the scope of this Chapter.
Article 6.3. Facilitation
1. Each Party shall administer in a uniform, impartial and reasonable manner its laws and regulations of general application pertaining to matters covered by this Chapter, with the purpose to make their customs practices predictable, consistent and transparent.
2. The Parties shall use effective customs procedures, based, as appropriate, on international standards, with the aim to reduce costs and unnecessary delays in trade in goods between them, in particular the standards and recommended practices of the World Customs Organization.
3. The Parties shall endeavor to periodically review their customs operations with a view to simplifying them in order to facilitate trade between the Parties.
4. The Parties shall endeavor to limit customs controls, formalities and the number of documents required in the context of trade in goods between the Parties to those necessary and appropriate to ensure compliance with legal requirements, thereby simplifying, to the greatest extent possible, the related procedures.
5. The Parties may mutually recognize identification means applied and documents required by the Parties for the purpose of control of goods and means of transport in transit based on the conditions agreed by the Parties.
Article 6.4. Customs Valuation
The Parties shall determine the customs value of goods traded between the Parties in accordance with the relevant provisions of the WTO Agreement, including the Customs Valuation Agreement.
Article 6.5. Tariff Classification
The Parties shall apply commodity nomenclatures based on the latest edition of the Harmonized System set out in the Annex to International Convention on the Harmonized Commodity Description and Coding System of 24 June 1986 (hereinafter referred to as "the Harmonized System") to goods traded between them.
Article 6.6. Risk Management
1. Each Party shall adopt or maintain a risk management system for customs control.
2. Each Party shall design and apply risk management in a manner as to avoid arbitrary or unjustifiable discrimination, or a disguised restriction on international trade.
3. Each Party shall concentrate customs control and, to the extent possible other relevant border controls, on high-risk consignments and expedite the release of low-risk consignments. A Party also may select, on a random basis, consignments for such controls as part of its risk management.
4. Each Party shall base risk management on an assessment of risk through appropriate selectivity criteria. Such selectivity criteria may include, inter alia, the Harmonized System Code, nature and description of the goods, country of origin, country from which the goods were shipped, value of the goods, compliance record of traders, and type of means of transport.
5. For the purpose of this Article the Parties shall endeavor to promote the submission to the customs authorities of preliminary information on transported goods and means of transport.
Article 6.7. Temporary Admission of Goods and Inward Processing
1. Each Party shall allow, as provided for in its customs law, goods to be brought into its customs territory conditionally relieved, totally or partially, from payment of import duties and taxes if such goods are brought into its customs territory for a specific purpose, are intended for re-exportation within a specific period, and have not undergone any change except normal depreciation and wastage due to the use made of them.
2. Each Party shall allow, as provided for in its customs law, inward processing of goods.
Article 6.8. Perishable Goods
1. The Parties shall endeavor to ensure expedited customs clearance in respect of perishable goods, provided that all regulatory requirements of the laws and regulations of an importing Party have been met.
2. With a view to preventing avoidable loss or deterioration of perishable goods, and provided that all regulatory requirements have been met, each Party shall provide for the release of perishable goods:
(a) under normal circumstances within the shortest possible time; and
(b) in exceptional circumstances where it would be appropriate to do so, outside the business hours of customs and other relevant authorities.
3. Each Party shall give appropriate priority to perishable goods when scheduling any examinations that may be required.
Article 6.9. Release of Goods
1. Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods without unreasonable delays in order to facilitate trade between the Parties. For greater certainty, this paragraph shall not require a Party to release goods where its requirements for release have not been met.
2. In accordance with paragraph 1 of this Article, each Party shall adopt or maintain procedures that:
(a) provide for the release of goods as rapidly as possible after arrival, provided that all other regulatory requirements have been met;
(b) as appropriate, provide for advance electronic submission and processing of information before the physical arrival of goods with a view to expediting the release of goods; and
(c) may allow importers to obtain the release of goods prior to meeting all import requirements of that Party if the importer provides sufficient and effective guarantees and where it is decided that neither further examination, physical inspection nor any other submission is required.
3. Each Party shall ensure that goods are released within a time period no longer than that required to ensure compliance with customs law.
Article 6.10. Customs Cooperation
1. To the extent permitted by the laws and regulations of the Parties, the customs authorities of the Parties shall endeavor to share their experience on the matters related to the operation of this Chapter.
2. In order to develop customs cooperation in the areas covered by this Chapter and taking into consideration the existing bilateral agreements between the EAEU Member States and China on customs matters, the Parties may work on arrangements on the procedures for the requests for mutual assistance.
Article 6.11. Requirements for Supporting Documents
1. Each Party shall endeavor to accept paper or electronic copies of supporting documents required for the importation of goods.
2. The importing Party shall not require an original or copy of export declaration submitted to the customs of the exporting Party as a mandatory requirement for the release of goods.
Article 6.12. Certifying Bodies Data Notification
Each Party shall provide to the other Party, through the General Administration of Customs of the People's Republic of China and the Eurasian Economic Commission respectively, the names and addresses of the bodies designated by the Parties to issue non-preferential Certificates of Origin as well as the names and addresses of the bodies of the Parties empowered to verify such non-preferential Certificates of Origin. The Parties shall inform each other as soon as possible in cases of change of such information.
Article 6.13. Customs Brokers
1. The Parties shall ensure transparency in their laws and regulations regarding customs brokers.
2. The Parties shall not require mandatory recourse to the services of customs brokers during customs declaration of goods.
Article 6.14. Application of Information Technology
1. Each Party shall apply information technology to support customs operations, where it is cost-effective and efficient for the Parties and for the trade, particularly with regard to paperless trading, taking into account developments in this area within relevant international organizations, including the World Customs Organization.
2. The Parties shall provide declarants with an opportunity to declare goods in electronic form.
Article 6.15. Single Window
1. The Parties in line with their international commitments shall endeavor to develop and implement their National Single Window systems in accordance with international standards and best practices concerning trade facilitation and modernization of customs techniques and practices.
2. The Parties shall endeavor to promote the interoperability between National Single Windows allowing the creation of conditions for mutual recognition of electronic documents and data necessary to carry out foreign trade activities and results of customs control for integrated border management. For these purposes, the Parties shall endeavor to develop institutional, legal and technical basis to ensure information exchange between National Single Windows.
3. Information exchange between National Single Windows shall be based on use of the technical infrastructure of the Integrated Information System of the EAEU and the infrastructure of the platform of Central E-port of the People's Republic of China.
Article 6.16. Coordinated Border Management
The Parties shall ensure that their authorities and agencies responsible for the border controls and procedures dealing with the importation, exportation and transit of goods cooperate with each other and coordinate their activities in order to facilitate trade.
Article 6.17. Mutual Recognition of Authorized Economic Operators
Each Party shall endeavor to establish a programme of Authorised Economic Operators (AEO) and may enter into negotiations on mutual recognition of AEO.
Article 6.18. Development of Customs Infrastructure
The Parties shall endeavor to work together with a view to further developing and modernizing customs infrastructure which includes technical facilities of customs control, engineering, IT, telecommunications systems and supporting equipment used in contiguous border checkpoints of the Parties taking into account the workload of the relevant border checkpoints.
Article 6.19. Advance Rulings
1. Each Party shall issue an advance ruling in a reasonable, time-bound manner to the applicant that has submitted a written request containing all necessary information.
If a Party declines to issue an advance ruling, it shall promptly notify the applicant in writing, setting out the relevant facts and the basis for its decision.
2. A Party may decline to issue an advance ruling to the applicant where the question raised in the application:
(a) is already pending in the applicant's case before any governmental agency, appellate tribunal, or court; or
(b) has already been decided by any appellate tribunal or court.
3. The advance ruling shall be valid for a reasonable period of time after its issuance unless the law, facts, or circumstances supporting that ruling have changed.
4. Where the Party revokes, modifies, or invalidates the advance ruling, it shall provide written notice to the applicant setting out the relevant facts and the basis for its decision. Where a Party revokes, modifies, or invalidates advance rulings with retroactive effect, it may only do so where the ruling was based on incomplete, incorrect, false, or misleading information.
5. An advance ruling issued by a Party shall be binding on that Party in respect of the applicant that sought it. The Party may provide that the advance ruling is binding on the applicant.
6. Each Party shall publish, at a minimum:
(a) the requirements for the application for an advance ruling, including the information to be provided and the format;
(b) the time period by which it will issue an advance ruling; and
(c) the length of time for which the advance ruling is valid.
7. Each Party shall provide, upon written request of an applicant, a review of the advance ruling or the decision to revoke, modify, or invalidate the advance ruling.
8. Each Party shall endeavor to make publicly available any information on advance rulings which it considers to be of significant interest to other interested persons, taking into account the need to protect commercially confidential information.