Law on accession of the Republic of Kazakhstan to the International Convention on the Coordination of conditions for cargo control at the borders
Law of the Republic of Kazakhstan dated May 6, 2002 No. 320-II
To join the Republic of Kazakhstan to the International Convention on the agreement on the conditions for cargo control at the borders, concluded in Geneva on October 21, 1982.
President Of The Republic Of Kazakhstan
International Convention on the Coordination of conditions for cargo control at the borders (entered into force on April 25, 2005 - official website of the Ministry of foreign affairs of the Republic of Kazakhstan) introduction
The contracting parties, wishing to improve the international transportation of goods, taking into account the need to assist in the movement of goods across borders, noting that border control measures are carried out by various control services, recognizing that the situation with conducting these types of control can be agreed in a significant amount to their purpose, without harming their decent conduct and reducing their effectiveness, convinced that the agreement on the conditions for conducting border control represents one of the most important tools for achieving these goals, they agreed on the following:
Chapter I. General provisions Article 1. Definition
In accordance with this convention:
a) "customs" is understood as a public service that is responsible for the implementation of customs legislation and ensuring import and export duties and taxes, as well as for the application of other laws and regulations related to the import, transit and export of goods, among others;
b) as" customs control " is understood the measures taken to ensure the implementation of laws and regulations for which customs are responsible for compliance;
C)" medical sanitary control " is understood as control carried out in order to protect the life and health of people, with the exception of Veterinary Control;
d) as "veterinary control" is understood the sanitary control carried out in relation to food of animal and animal origin in order to protect the life and health of people and animals, as well as the control of objects or cargo that may be transmitters of animal diseases;
e) "phytosanitary control" is understood as control aimed at preventing the spread and transport of pests of plants and products of plant origin across state borders;
f) "control over compliance with technical standards" is understood as control that ensures that cargo meets the requirements of international or national standards defined by relevant laws and regulations;
g) as "quality control" is understood any other control that differs from those mentioned above and is carried out with the aim of ensuring that the cargo meets the international or national minimum quality indicators established by the relevant laws and regulations;
h) as a" control service " is understood any activity that is tasked with carrying out all or some of the above-defined types of control or any other type of control in which import, export or transit cargoes are systematically carried out.
Article 2 purpose of the convention
In order to facilitate international cargo transportation, this convention has the purpose of reducing the requirements regarding compliance with the procedures, as well as, in particular, the types and duration of control by national and international coordination of control procedures and methods of their application.
Article 3 scope of application
1.this convention applies to all goods crossing one or more sea, air or dry borders during import, export or transit.
2.this convention applies to all control activities of the Contracting Parties.
Chapter II coordination of procedures
Article 4 coordination of types of control
The Contracting Parties undertake, if possible, to organize the coordinated work of the customs services and other control services.
Article 5 means transferred to the disposal of services
In order to ensure the proper functioning of the control services, the Contracting Parties are at their disposal to the extent possible and within the framework of national laws of these services:
a) sufficient number of qualified employees, taking into account the needs of Transportation;
b) the equipment and facilities necessary to carry out the inspection, taking into account the type of transport and cargo to be monitored and the needs of Transportation;
(c) they must ensure that they have official instructions for officials to act in accordance with international treaties and agreements, as well as in accordance with applicable national regulations.
Article 6 International Cooperation
The Contracting Parties undertake to cooperate with each other and seek the necessary cooperation with the competent international bodies to achieve the objectives of this convention, as well as to seek the conclusion of multilateral or bilateral treaties or agreements where necessary.
Article 7 cooperation between neighboring countries
In all cases of crossing the common border on the dry land, the interested contracting parties, if possible, take appropriate measures to facilitate the transportation of goods, in particular:
a) they make every effort to organize joint control of cargo and documents by installing equipment used together;
b) they make every effort to ensure that the hours of operation of border posts, the control services that carry out their activities at these posts; the categories of cargo, goods and vehicles that may be accepted or used in these countries, and international customs transit systems are similar.
Article 8 information exchange
The Contracting Parties shall exchange information necessary for the application of this convention in accordance with the conditions specified in the annexes, if there is a relevant application.
Article 9 documents
1.the Contracting Parties shall strive for the widespread use of documents drawn up in accordance with the United Nations standard filling paper in their relations with each other and with the competent international bodies.
2.The Contracting Parties shall accept documents prepared by the use of any relevant technical process, provided that they respond to the official rules regarding their forms, similarities and confirmations, as well as on the condition that they are easy to read and understandable.
3.the Contracting Parties shall ensure that the necessary documents are prepared and confirmed in accordance with the relevant legislation.
Chapter III rules regarding transit
Article 10 transit cargoes
1.the contracting parties, if possible, agree to apply a simple and accelerated regime for transit cargo, especially for cargo transported in accordance with the international customs transit system, providing that their control is carried out only in cases where it is justified by existing circumstances or risks. Moreover, they take into account the situation with landlocked countries. They will make every effort to consider including an increase in the length of time during which the transfer of goods transported in accordance with some system of international transit for the payment of customs duties can be carried out and the expansion of the competencies of existing customs in this area.
2.they make every effort to make the transit of goods transported in containers or other packaging means as easy as possible, ensuring sufficient safety.
Chapter IV other provisions Article 11 Public Order
1.no provision of this convention shall prevent the imposition of prohibitions or restrictions on imports, exports or transit in the context of public order, in particular public safety, morality and health, or for the purpose of protecting the environment, cultural heritage or industrial, commercial and intellectual property.
2.however, the Contracting Parties shall, if possible, seek to apply the provisions of this convention, in particular the provisions of articles 6-9, to the types of control related to the application of the measures referred to in Paragraph 1 Above, without prejudice to the effectiveness of such types of control.
Article 12 emergency measures
1.measures that the Contracting Parties are forced to introduce in connection with special circumstances must correspond to the reasons that led to their introduction, and their implementation must be suspended or suspended if these reasons are eliminated.
2.in all cases that do not prejudice the effectiveness of these measures, the Contracting Parties shall publish the relevant provisions relating to these measures.
Article 13 annexes
1.annexes to this convention are an integral part of this convention.
2.new annexes to other types of control may be included in this convention in accordance with the procedure provided for in articles 22 or 24 below.
Article 14 relation to other treaties
This Convention does not affect the rights and obligations arising from contracts concluded by the Contracting Parties to this Convention before they become Contracting Parties to this Convention, without prejudice to the provisions of Article 6.
Article 15
This convention does not prevent the application of the broader benefits that two or more contracting parties wish to grant to each other, nor does it pressure the right of regional organizations in the field of economic integration, which are the Contracting Parties, to apply their laws to control within their internal borders, referred to in Article 16, provided that it does not in any way reduce the amount of benefits arising from this convention.
Article 6 signing, ratification, adoption, approval and accession
1.this convention, transferred to the secretary-general of the United Nations for storage, is open to the participation of all states and regional organizations in the field of economic integration, consisting of sovereign states, competent in negotiating, concluding and applying international agreements on issues stipulated by this convention.
2.regional organizations in the field of economic integration referred to in Paragraph 1 May, on their own behalf, exercise the rights and perform the duties provided for by this convention for member states that are contracting parties to this convention in respect of issues within their competence. In these cases, the member states of such organizations cannot independently exercise these rights, including the right to vote.
3. states and the above-mentioned regional organizations in the field of economic integration:
a) by transferring the document of ratification, acceptance or approval for storage after its signing;
(B) the Contracting Parties to this convention by depositing the instrument of accession for storage.
4.this convention shall be open for signature by all states and regional organizations in the field of economic integration referred to in Paragraph 1 at the United Nations Office in Geneva from April 1, 1983 until March 31, 1984 inclusive.
5.from April 1, 1983, it will also be open for accession.
6.documents of ratification, acceptance, ratification or accession shall be deposited with the secretary-general of the United Nations.
Entry into force of Article 17
1.this convention shall enter into force after the expiration of three months from the date of deposit by the five states of their instruments of ratification, acceptance, ratification or accession.
2.after the five states have deposited their instruments of ratification, acceptance, ratification or accession, this convention shall enter into force for all subsequent Contracting Parties after three months from the date of their depositing their instruments of ratification, acceptance, ratification or accession.
3.any document of ratification, acceptance, ratification or accession deposited after the entry into force of any amendment to this convention shall be deemed to be relevant to the amended text of this convention.
4.any such document deposited after the adoption of any amendment in accordance with the procedure provided for in Article 22, but before its entry into force, shall be considered relevant to the amended text of this convention from the date of entry into force of this amendment.
Article 18 revocation
1.each Contracting Party may revoke this convention by submitting a note addressed to the secretary-general of the United Nations.
2.cancellation shall enter into force after six months from the date of receipt of this note by the secretary general.
Termination of Article 19
If, after the entry into force of this convention, the number of states that are Contracting Parties is less than five within any period of twelve consecutive months, this convention shall cease to be valid after the expiration of the twelve-month period specified above.
Article 20 dispute resolution
1.any dispute between two or more contracting parties relating to the interpretation or application of this convention shall be resolved, if possible, by negotiation or other means of regulation between them.
2.any dispute between two or more contracting parties relating to the interpretation or application of this convention, which cannot be resolved by the methods provided for in Paragraph 1 of this article, shall be submitted to the arbitration court established at the request of one of them in the following terms: each party in the dispute shall appoint an arbitrator and If, after three months from the date of receipt of the application, one of the parties has not appointed an arbitrator and the arbitrators cannot appoint a chairman, either party may apply to the secretary-general of the United Nations with a request to appoint an arbitrator or the chairman of the arbitration court. The decision of the arbitration court appointed in accordance with the provisions of Paragraph 2 is final and binding on the parties in the dispute. The arbitration court establishes the rules of its procedure. The arbitration court makes its decisions by a majority vote on the basis of treaties between the parties to the dispute and international law in general. Any disagreements that may arise between the parties to the dispute regarding the interpretation and execution of the decisions of the arbitration court may be submitted by any of the parties for consideration by the arbitration court that issued this decision. Each party in the dispute shall reimburse the costs associated with the use of the services of an arbitrator appointed by him and his representatives during the arbitration proceedings; expenses related to the use of the chairman's services and other expenses shall be reimbursed by the parties to the dispute in equal parts.
Article 21 explanations
1.any contracting party may, at the time of ratification, acceptance, ratification or accession to this convention, declare itself not bound by paragraphs 2-7 of Article 20 of this convention. Other Contracting Parties shall not be bound by these clauses in respect of any contracting party that has made such an explanation.
2.any Contracting Party making an explanation in accordance with paragraph 1 of this article may withdraw this explanation at any time by notifying the secretary-general of the United Nations.
3.no other interpretations of this convention shall be allowed, except for the explanations specified in Paragraph 1 of this article.
Article 22 procedure for amending this convention
1.amendments to this convention, including annexes to it, may be made at the suggestion of any contracting party in accordance with the procedure established by this article.
2.any amendment submitted to this convention shall be considered by an administrative committee consisting of all Contracting Parties in accordance with the provisions of its procedure set out in Annex 7. Any such amendment considered or developed at the session of the administrative committee and approved by it shall be sent by the secretary-general of the United Nations to the Contracting Parties for adoption.
3. Any proposed amendment referred to in accordance with the preceding paragraph shall, unless the Secretary-General of the United Nations receives no objection to the proposed amendment from any state that is a Contracting Party during this period, or from regional organizations in the field of economic integration that is a Contracting Party and acts in accordance with the conditions set out in Paragraph 2 of Article 16 of this convention, for all Contracting Parties, the proposed amendment shall enter into force three months after the expiration of the twelve-month period following the date of notification.
4.in case of objection against the proposed amendment in accordance with the provisions of Paragraph 3 of this article, the amendment shall be considered rejected and no action shall be taken in this regard.
Article 23 requests, notices and objections
The secretary-general of the United Nations shall notify all Contracting Parties and all states of all requests, notices or objections made in accordance with Article 22, and of the term of entry into force of each amendment.
Article 24 of the convention for revision
Five years after the entry into force of this convention, any Contracting Party May, with the notification of the secretary-general of the United Nations, request to convene a conference for the purpose of revising this convention, indicating the proposals to be considered at this conference. In such a situation:
(i) the Secretary-General of the United Nations shall notify all Contracting Parties of it and shall propose to submit to them within a three-month period their comments on the initial proposals, as well as other proposals that should be considered at the conference as much as possible;
(ii) the Secretary-General of the United Nations shall also inform all Contracting Parties of the text of any other proposals made and shall convene such a conference if, after notification, at least one third of the Contracting Parties have informed him of their consent to convene a review conference;
(III) however, if the secretary-general of the United Nations decides that the proposal for revision can be considered as a proposal for amendments in accordance with paragraph 1 of Article 22, he may use the amendment procedure provided for in Article 22 instead of the revision procedure with the consent of the contracting party that made the proposal.
Article 25 notification
The Secretary-General of the United Nations shall ensure that all states, except for the notices and notices provided for in articles 23 and 24, are notified by the Secretary-General of the United Nations.:
a). On signing, ratification, acceptance, approval and accession in accordance with Article 16;
b). On the dates of entry into force of this convention in accordance with Article 17;
C). On cancellations in accordance with Article 18;
d). On termination of this convention in accordance with Article 19;
e). Informs about the explanations made in accordance with Article 21.
Article 26 certified copies
After 31 March 1984, the secretary-general of the United Nations shall send two duly certified copies of this convention back to each of the Contracting Parties and to all states that are not considered contracting parties. One thousand nine hundred and eighty-two was made in Geneva on October 21 in the same original, in which the English, Spanish, Russian and French texts are equally equal. This convention has been signed by the plenipotentiaries duly authorized for this purpose, who have signed it below.
Annex 1 coordination of Customs Control and other types of control Article 1 principles
1.taking into account the existence of customs at all borders and the general nature of their work, the organization of other types of control is as far as possible coordinated with customs control.
2.it is allowed to carry out all or certain types of control outside the border, provided that the procedures used in cases necessary for the implementation of this principle contribute to the simplification of international cargo transportation.
Article 2
1. Customs must have complete information about legal regulations or rules that require the implementation of other types of customs control.
2.if the need for other types of control has been established, customs shall ensure that the services involved in it are notified of it and cooperate with them.
Article 3 Organization of control
1.if it is necessary to conduct several types of control in one place, the competent services shall take all appropriate measures to conduct them simultaneously or as soon as possible. They make every effort to harmonize their own needs for documents and information.
2.in particular, the competent services take all appropriate measures to have the necessary personnel and equipment at the place of control.
3.customs may carry out all or some types of control on their behalf, for which these services are responsible when delegating powers to them in the direct form of competent services. In such a situation, these services will ensure that all the necessary tools are provided to customs.
Article 4 Results of control
1.Control Services and Customs shall immediately exchange all relevant information in order to ensure the effectiveness of the relevant forms of control on all matters covered by this convention.
2.on the basis of the results of the control carried out, the competent service makes a decision on what to do next with this cargo and, if necessary, informs the competent services that carry out other types of control about it. On the basis of this decision, customs establishes the appropriate customs regime for such cargo.
Appendix 2 Medical and sanitary control Article 1 principles
Medical and sanitary control, regardless of where they are carried out, is carried out in accordance with the principles established by this convention, in particular, Annex 1 to it.
Article 2 information
Each Contracting Party shall ensure the prompt provision of information to any interested party: - on the cargo subject to medical and sanitary control;-on the places where these cargo is provided for control; - on the requirements provided for by legislative acts and regulations regarding medical and sanitary control, as well as on the procedures normally used.
Article 3 Organization of control
1.Control Services ensure that border points where medical and sanitary control is carried out are equipped with the necessary equipment.
2.Medical and sanitary control is also carried out at points located within the country, if the presented certificate and method of Transportation clearly prove that the goods will not be damaged during transportation or will not be a source of damage.
3.the Contracting Parties, within the framework of the current conventions, shall, as far as possible, seek to reduce physical control over the transported perishable goods.
4.in cases where it is necessary to block goods before receiving the results of medical and sanitary control, the competent control services of the contracting parties take measures to ensure the safety of goods in conditions that ensure their safety during minimal customs procedures.
Article 4 transit cargo
Within the framework of the current conventions, the Contracting Parties, in the absence of a risk of infection, release transit cargo from medical and sanitary control if possible.
Article 5 cooperation
1.medical and sanitary services shall cooperate with the relevant services of other Contracting Parties in order to accelerate the sale of perishable goods subject to medical and sanitary control, in particular by exchanging useful information.
2.in cases where a batch of perishable goods is blocked during medical and sanitary control, the competent service shall take measures to notify the relevant activities of the exporting country as soon as possible, indicating the reasons for this blockage and the measures taken in relation to the cargo.
Appendix 3 Veterinary control article 1 Principles
Veterinary control, regardless of where it is carried out, is carried out in accordance with the principles established by this convention, in particular, Annex 1 to it.
Article 2 Definition
Veterinary control established by Article 1-d) of this Convention also includes control over the means and conditions of transportation of animals and products of animal origin. It may also include quality control, standards and various regulations, for example, in terms of effectiveness, in order to control endangered species, which are often associated with veterinary control.
Article 3 Information
Each Contracting Party shall ensure that any interested party shall promptly provide information on: - on the cargo subject to veterinary control; - on the places where the cargo is provided for control; - on the requirements provided for by legislative acts and regulations relating to veterinary control, as well as on the procedures normally used.
Article 4 Organization of control
1. Contracting Parties:
- create appropriate devices for veterinary control in accordance with the requirements of transportation where it is necessary and possible;
- promotes the movement of goods, in particular, by coordinating the hours of work of Veterinary and Customs Services and ensuring the possibility of customs clearance of goods at hours not provided for by the usual work schedule, if the notification of their arrival is received in advance.
2.Veterinary control of products of animal origin may also be carried out at points located within the country, if it is proved that the vehicles used are such that these products are not damaged during transportation or are not a source of damage.
3. The Contracting Parties shall strive to reduce the physical control of perishable goods transported under the current convention.
4. In cases where it is necessary to lock goods until the results of veterinary control are received, the competent control services of the Contracting Parties shall take measures to ensure that the goods are stored under minimal customs procedures and in conditions ensuring their reliable quarantine and safety.
Article 5 Goods in transit
The contracting parties, within the framework of the current convention, release products of animal origin transported in transit from veterinary control, if possible, in cases where there is no risk of infection.
Article 6 Cooperation
1.Veterinary Control Services cooperate with the relevant services of other Contracting Parties in order to speed up the sale of perishable goods subject to veterinary control, in particular by exchanging useful information.
2.in cases where a batch of perishable goods or live animals is blocked during veterinary control, the competent service shall take measures to notify the relevant activities of the exporting country as soon as possible, indicating the reasons for this blockage and the measures taken in relation to the cargo.
Appendix 4 phytosanitary control Article 1 principles
Phytosanitary control, regardless of where it is carried out, is carried out in accordance with the principles established by this convention, in particular, Annex 1 to it.
Article 2 definition
Phytosanitary control established by Article 1e) of this convention also includes the means and conditions for the transportation of plants and products of plant origin. It can also include measures aimed at preserving endangered plant species.
Article 3 Information
Each Contracting Party shall ensure the immediate provision to any interested party of information on: - cargo to which special phytosanitary conditions apply; - on places provided for the control of certain plants and products of plant origin; - on the list of pests of plants and products of plant origin, in respect of which prohibitions and restrictions apply; - on the list of requirements provided for by legislative cuts and regulations on Phytosanitary control, as well as on the procedures
Article 4 Organization of control
1. Contracting Parties:
- create appropriate devices for veterinary control in accordance with the requirements of transportation where it is necessary and possible;
- promotes the movement of goods, in particular, by coordinating the working hours of the veterinary and Customs Services and ensuring the possibility of customs clearance of goods at hours not provided for by the usual work schedule, if the notification of their arrival is received in advance.
2.Veterinary control of products of animal origin may also be carried out at points located within the country, if it is proved that the vehicles used are such that these products are not damaged during transportation or are not a source of damage.
3. The Contracting Parties shall strive to reduce the physical control of perishable goods transported under the current convention.
4.in cases where it is necessary to block goods before receiving the results of veterinary control, the competent control services of the contracting parties take measures to ensure that the storage of goods is carried out during the minimum customs procedures and in conditions that ensure their reliable quarantine and safety.
Article 5 transit cargo
The contracting parties, within the framework of the current convention, release products of animal origin transported in transit from veterinary control, if possible, in cases where there is no risk of infection.
Article 6 Cooperation
1.Veterinary Control Services cooperate with the relevant services of other Contracting Parties in order to speed up the sale of perishable goods subject to veterinary control, in particular by exchanging useful information.
2.in cases where a batch of perishable goods or live animals is blocked during veterinary control, the competent service shall take measures to notify the relevant activities of the exporting country as soon as possible, indicating the reasons for this blockage and the measures taken in relation to the cargo.
Appendix 4 phytosanitary control Article 1 principles
Phytosanitary control, regardless of where it is carried out, is carried out in accordance with the principles established by this convention, in particular, Annex 1 to it.
Article 2 definition
Phytosanitary control established by Article 1e) of this convention also includes the means and conditions for the transportation of plants and products of plant origin. It can also include measures aimed at preserving endangered plant species.
Article 3 Information
Each Contracting Party shall ensure the immediate provision to any interested party of information on: - cargo to which special phytosanitary conditions apply; - on places provided for the control of certain plants and products of plant origin; - on the list of pests of plants and products of plant origin, in respect of which prohibitions and restrictions apply; - on the list of requirements provided for by legislative cuts and regulations on Phytosanitary control, as well as on the procedures
Article 4 Organization of control
1.the Contracting Parties shall: - establish appropriate devices for phytosanitary control, storage, disinsection and disinfection in accordance with the requirements of transportation where it is necessary and possible; - assist in the movement of goods, in particular, by coordinating the hours of operation of phytosanitary and Customs Services and ensuring the possibility of customs clearance of goods at hours not provided for by the usual work schedule, if
2.phytosanitary control of plants and products of plant origin may also be carried out at points located within the country, if it is proved that the vehicles used are such that these products are not damaged during transportation or are not a source of damage.
3.the contracting parties seek to reduce the physical control of rapidly dying plants and perishable plant products transported under the current convention.
4.in cases where it is necessary to block cargo before receiving the results of phytosanitary control, the competent control services of the Contracting Parties shall take measures to carry out cargo storage at least customs procedures and in conditions that ensure their reliable quarantine and safety.
Article 5 transit cargo
The contracting parties, within the framework of the current convention, release cargo transported in transit from phytosanitary control as far as possible, except in cases where such measures are necessary for plant protection in their countries.
Article 6 Cooperation
1. phytosanitary services cooperate with the relevant services of other Contracting Parties in order to speed up the sale of goods subject to phytosanitary control, in particular by exchanging useful information. 2.in cases where a batch of plants and products of plant origin is blocked during phytosanitary control, the competent service shall take measures to notify the relevant activities of the exporting country as soon as possible, indicating the reasons for this blockage and the measures taken in relation to the cargo.
Appendix 5 control of compliance with technical standards Article 1 principles
Control over compliance with technical standards for cargo provided for in this convention, regardless of where it is carried out, is carried out in accordance with the principles established by this convention, in particular, Annex 1 to it.
Article 2 information
Each Contracting Party shall ensure that any interested party shall promptly provide information on the following: - on the standards it applies; - on the places provided for control: - on the requirements stipulated by legislative acts and regulations regarding the control of compliance with technical standards, as well as on the procedures normally used.
Article 3 Approval of Standards
In the absence of international standards, the contracting parties applying national standards make efforts to harmonize them by concluding international agreements.
Article 4 Organization of control
1.the Contracting Parties shall: - establish control points for compliance with technical standards in accordance with the requirements of transportation where it is necessary and possible; - assist in the movement of goods, in particular, by coordinating the working hours of the services and Customs Services responsible for monitoring compliance with technical standards and ensuring the possibility of customs clearance of goods during hours not provided for by the usual work schedule, if the notification of their arrival is received in advance.
2.control over compliance with technical standards may also be carried out at points located within the country, if it is proved that the vehicles used are such that these products are not damaged during transportation or are not a source of damage.
3.the contracting parties seek to reduce physical control over perishable goods subject to control for compliance with technical standards under the current convention.
4.the Contracting Parties shall organize control over compliance with technical standards, always in agreement with the procedures used by the services responsible for these types of control and the procedures used by the services responsible for conducting other types of control and verification.
5.in cases where it is necessary to block cargo before obtaining the results of control for compliance with technical standards, the competent control services of the Contracting Parties shall take measures to ensure the safety of cargo during the minimum customs procedures for the storage and accommodation of vehicles.
Article 5 transit cargo
Control over compliance with technical standards is usually not carried out in relation to goods transported in transit mode.
Article 6 cooperation
1.the services responsible for monitoring compliance with technical standards shall cooperate with the relevant services of other Contracting Parties in order to accelerate the sale of perishable goods subject to monitoring compliance with technical standards, in particular by exchanging useful information.
2.in cases where a batch of perishable goods is blocked during the control of compliance with technical standards, the competent service shall take measures to notify the relevant activities of the exporting country as soon as possible, indicating the reasons for this blockage and the measures taken in relation to the cargo.
Appendix 6 quality control Article 1 principles
Quality control in relation to cargo provided for by this convention, regardless of where it is carried out, is carried out in accordance with the principles established by this convention, in particular, Annex 1 to it.
Article 2 information
Each Contracting Party shall ensure that any interested party shall promptly provide information on the following areas: where cargo may be provided for control; on the requirements provided for by legislative acts and regulations regarding quality control, as well as on the procedures normally used.
Article 3 Organization of control
In the absence of international standards, the contracting parties applying national standards make efforts to harmonize them by concluding international agreements.
Article 4 Organization of control
1.the Contracting Parties shall: - establish control points for compliance with technical standards in accordance with the requirements of transportation where it is necessary and possible; - assist in the movement of goods, in particular, by coordinating the working hours of the services and Customs Services responsible for monitoring compliance with technical standards and ensuring the possibility of customs clearance of goods during hours not provided for by the usual work schedule, if the notification of their arrival is received in advance.
2.control over compliance with technical standards may also be carried out at points located within the country, if it is proved that the vehicles used are such that these products are not damaged during transportation or are not a source of damage.
3.the contracting parties seek to reduce physical control over perishable goods subject to control for compliance with technical standards under the current convention.
4.the Contracting Parties shall organize monitoring of compliance with technical standards, always in agreement with the procedures used by the services responsible for these types of control and the procedures used by the services responsible for conducting other types of control and verification.
5.in cases where it is necessary to block cargo before obtaining the results of control for compliance with technical standards, the competent control services of the Contracting Parties shall take measures to ensure the safety of cargo during the minimum customs procedures for the storage and accommodation of vehicles.
Article 5 transit cargo
Control over compliance with technical standards is usually not carried out in relation to goods transported in transit mode.
Article 6 cooperation
1.the services responsible for monitoring compliance with technical standards shall cooperate with the relevant services of other Contracting Parties in order to accelerate the sale of perishable goods subject to monitoring compliance with technical standards, in particular by exchanging useful information.
2.in cases where a batch of perishable goods is blocked during the control of compliance with technical standards, the competent service shall take measures to notify the relevant activities of the exporting country as soon as possible, indicating the reasons for this blockage and the measures taken in relation to the cargo.
Appendix 6 quality control Article 1 principles
Quality control in relation to cargo provided for by this convention, regardless of where it is carried out, is carried out in accordance with the principles established by this convention, in particular, Annex 1 to it.
Article 2 information
Each Contracting Party shall ensure that any interested party shall promptly provide information on the following areas: where cargo may be provided for control; on the requirements provided for by legislative acts and regulations regarding quality control, as well as on the procedures normally used.
Article 3 Organization of control
1.the Contracting Parties shall strive to: promote the establishment of quality control points in accordance with the requirements of transportation where it is necessary and possible; coordinate the working hours of the services and Customs Services responsible for the movement of goods, in particular quality control, and ensure the possibility of Customs cleaning of perishable goods at hours not provided for by the usual work schedule, if
2.quality control may also be carried out at points located within the country, provided that the procedures used promote international cargo transportation.
3.the contracting parties seek to reduce physical control over perishable goods subject to quality control under the current convention.
4.the Contracting Parties shall organize quality control, always in agreement, when possible, with the procedures used by the services responsible for these types of control and the procedures used by the services responsible for conducting other types of control and verification.
Article 4 transit cargo
Quality control is usually not carried out in relation to goods transported in transit mode.
Article 5 cooperation
1.the services responsible for quality control shall cooperate with the relevant services of other Contracting Parties in order to accelerate the sale of perishable goods subject to control for compliance with technical standards, in particular by exchanging useful information.
2.in cases where a batch of perishable goods is blocked during quality control, the competent service shall take measures to notify the relevant activities of the exporting country as soon as possible, indicating the reasons for this blockage and the measures taken in relation to the cargo.
Appendix 7 rules of administrative committee procedures referred to in Article 22 of this convention members of Article 1
The Contracting Parties to this convention are members of the Administrative Committee.
Article 2 observers
1.The Administrative Committee may decide to invite the competent administrations of all states that are not Contracting Parties or representatives of international organizations that are not Contracting Parties to participate in the sessions of the committee as observers when discussing issues of interest to them.
2.nevertheless, without prejudice to the provisions of Article 1, the competent international organizations referred to in Paragraph 1 have the right to participate as observers in the work of the Administrative Committee when discussing issues regulated by the annexes to this convention.
Article 3 Secretariat
The staff of the committee secretariat is allocated by the Executive Secretary of the Economic Commission for Europe.
Article 4 invitation
Executive Secretary of the Economic Commission for Europe:
i) two years after the entry into force of the convention;
(II) then within the time limits established by the committee, but not less than once every five years;
(III) convene a committee at the request of the competent authorities of at least five states that are not Contracting Parties.
Article 5 officials
The committee elects a chairman and a deputy chairman at each of its sessions.
Article 6 Quorum
To make decisions, a quorum of at least one third of the states that are Contracting Parties is required.
Article 7 decision making
I) proposals are put to the vote.
(II) each state participating in the session, which is a Contracting Party, has one vote.
(III) in the case of applying paragraph 2 of Article 16 of the convention, regional organizations in the field of economic integration that are participants in this convention shall have only a vote equal to the total number of votes of the member states that are participants in this convention. In this latter case, the member states do not exercise their right to vote.
in accordance with the conditions established by subparagraphs II) and III) above, taking into account the provisions of subparagraph iv), it is accepted by a simple majority vote of the members present and participating in the voting.
(V) amendments to this convention shall be adopted by a majority of the members present and participating in the voting, i.e. two-thirds of the votes, in accordance with the conditions established by subparagraphs ii) and III) above.
Article 8 report
Before closing the session, the committee approves its report.
Article 9 Supplementary provisions
If the committee decides otherwise in the absence of relevant provisions in this annex, the rules of procedure of the Economic Commission for Europe shall apply.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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