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On approval of the Agreement on the Common Agricultural Market of the Member States of the Commonwealth of Independent States

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On approval of the Agreement on the Common Agricultural Market of the Member States of the Commonwealth of Independent States

Decree of the President of the Republic of Kazakhstan dated November 2, 1999 No. 260

In order to create a common agricultural market of the member States of the Commonwealth of Independent States, form a food market and develop a common agrarian policy, I decree:

    1. To approve the Agreement on the Common Agricultural Market of the member States of the Commonwealth of Independent States (hereinafter referred to as the Agreement), concluded in Moscow on March 6, 1998, with the following reservation: "The Republic of Kazakhstan reserves the right to exclude the application of Articles 2, 6, 9 of the Agreement and paragraph 3.1. of the Regulations on the Conditions for the Creation and Functioning of the Common Agricultural Market".  

    2. This Decree comes into force from the date of signing.

    President of the Republic of Kazakhstan

   

 Agreement * on the Common Agricultural Market of the Member States of the Commonwealth of Independent States

*(Entered into force on July 27, 2000 - Bulletin of International Treaties of the Republic of Kazakhstan, 2003, No. 3, Article 25; 2006, No. 1, Article 5)

It is temporarily applied from the date of signing.  In the event that the legislation of one of the Parties does not allow the temporary application of the Agreement, the Party notifies the other Parties about it. This Agreement shall enter into force on the date of deposit with the depositary of the third notification on the completion by the signatories of the internal procedures necessary for its entry into force.  For the Parties that have completed the necessary procedures later, it shall enter into force from the date of deposit with the depositary of notifications on the implementation of the said procedures.

Signed: Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Republic of Uzbekistan, Ukraine

notifications have been submitted:

The Republic of Belarus - deposited on May 6, 1998; the Republic of Kazakhstan - deposited on December 20, 1999; the Republic of Tajikistan - deposited on July 27, 2000; Ukraine - deposited on January 29, 2001; the Kyrgyz Republic - deposited on August 21, 2003; the Russian Federation - deposited on December 31, 2004 (domestic procedures are being carried out).

The Agreement entered into force on July 27, 2000.

entered into force for the States:

Republic of Belarus - July 27, 2000; Republic of Kazakhstan - July 27, 2000; Republic of Tajikistan - July 27, 2000; Ukraine - January 29, 2001; Kyrgyz Republic - August 21, 2003;

 

temporarily applied to States:

The Republic of Armenia - since March 6, 1998; Georgia - since March 6, 1998; the Republic of Moldova - since March 6, 1998; the Russian Federation - since March 6, 1998; the Republic of Uzbekistan - since March 6, 1998.

               

    The States Parties to this Agreement (hereinafter referred to as - Parties) in order to implement  The Agreement on the Establishment of the Economic Union of September 24, 1993, realizing the objective need to integrate agro-industrial production and form a common economic space, desiring to preserve and develop traditional economic, trade, scientific and technical ties, taking into account the need for fundamental economic transformations in the agricultural sector in connection with the transition to market relations, taking into account the difference between natural and economic conditions for the production of agricultural products and their processing, Based on the socio-economic interests of commodity producers in agriculture and in the field of product processing, striving to increase the well-being of their peoples, we agreed on the following:

   

                             Article 1

   

    The Parties are gradually creating a Common Agricultural Market of the private member states of the Commonwealth of Independent States (hereinafter referred to as the Common Agricultural Market), ensuring the free movement of agricultural products, food products, scientific and technical products, technologies, means of production and services for the agro-industrial complex of national origin (hereinafter referred to as goods and services).       The common agricultural market is created by the Parties on the basis of voluntarily assumed obligations and equality of rights.       The conditions for the creation and functioning of a Common Agricultural Market are determined by the Regulation, which is an integral part of this Agreement.

   

                             Article 2

   

    Coordination of activities for the implementation of measures aimed at the creation and functioning of a Common agricultural market is carried out by the Intergovernmental Council on the Agro-Industrial Complex (hereinafter referred to as the Council), which, as necessary, forms commissions and expert groups from among authorized experts and specialists of the Parties to implement these tasks.

     

                             Article 3  

   

    The parties are gradually forming a Common agricultural market based on a coordinated and then common agricultural policy, which provides for increased resource efficiency, rational allocation of agricultural production, improved provision of food and raw materials to the population, stabilization of agricultural and food markets, support and protection of agricultural producers, stimulation of mutual trade, and improvement of the living standards of the rural population..

     

                             Article 4  

   

    In the process of creating a Common Agricultural Market, the Parties adopt legislative acts aimed at regulating monopolistic activities, preventing and suppressing unfair competition between business entities.

     

                             Article 5

   

    The Parties shall establish a Common agricultural market in stages with the formation of a free trade zone, and then, for states ready for further economic integration, a common customs territory within the framework of the Customs Union, which provides for the absence of duties, licenses and other restrictions and obstacles to the free movement of goods and services within the territories of the Parties, with the exception of exemptions formalized in mutual agreements. protocols.       The Parties shall coordinate policies in trade in goods and services with States that are not parties to this Agreement.

     

                             Article 6  

   

    In the process of creating a Common agricultural Market, the Parties coordinate pricing policy, and at the stage of creating a common customs territory, they switch to an agreed system of regulating prices for goods and services based on market principles.

     

                             Article 7  

   

    The Parties shall establish, within the framework of the Common Agricultural Market, an agreed system of sanitary, phytosanitary and veterinary regulations, determine trade rules and standards for goods and services.

   

                             Article 8

   

    The parties will take coordinated measures to create a joint information system for the Common Agricultural Market.

   

                             Article 9

   

    The parties interested in implementing joint programs and other measures for the formation and functioning of a Common agricultural market create the necessary funds. The procedure for their creation and use is determined by the Parties who are the founders of these funds.

     

                             Article 10

   

    Disputes related to the application and interpretation of this Agreement are resolved through consultations and negotiations between the Parties concerned.       If it is impossible to resolve disputes through negotiations, the Parties apply to the Economic Court of the Commonwealth of Independent States or another international court.

   

                             Article 11

   

    This Agreement is open for accession by any State that shares its goals and principles, with the consent of all Parties. The accession is considered to have entered into force from the date of receipt by the depositary of the last notification of consent to the accession.

   

                             Article 12

   

    Amendments and additions may be made to this Agreement with the general consent of the Parties, which are formalized in separate protocols to this Agreement.

   

                             Article 13

   

    This Agreement is concluded for a period of 5 years and will be automatically extended for subsequent five-year periods, unless the Parties decide otherwise.

   

                             Article 14

   

    Each Party may withdraw from this Agreement by sending a written notification to the depositary no later than 6 months prior to withdrawal, having settled financial and other obligations that have arisen during the validity of the Agreement.

   

                             Article 15

   

    This Agreement is temporarily applied from the date of signing. In the event that the legislation of one of the Parties does not allow the temporary application of the Agreement, the Party notifies the other Parties about it.       This Agreement shall enter into force on the date of deposit with the depositary of the third notification on the completion by the signatories of the internal procedures necessary for its entry into force.       For the Parties that have completed the necessary procedures later, it shall enter into force from the date of deposit with the depositary of notifications on the implementation of the said procedures.

          Done in Moscow on March 6, 1998, in one original copy in the Russian language. The original copy is kept at the Executive Secretariat of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

Annex to the Agreement on the Common Agricultural Market of the Participating States     of the Commonwealth of Independent States on March 6, 1998        

         

                             Position                 about the conditions of creation and operation                          The General agricultural market  

   

                       1. General provisions  

   

    1.1. These Regulations define the conditions and main directions of the Parties' activities for the creation and functioning of a Common Agricultural Market.       1.2. The Parties shall form a Common agricultural Market in stages based on jointly developed rules and principles.       At the first stage, the legal framework and institutional structure of the Common Agricultural Market are being created, and national agrarian policies are being coordinated.       At the subsequent stages, the formation of the legal and economic mechanisms of the Common Agricultural Market is being completed, the transition to duty-free movement of goods within the Customs Union is underway, separate joint programs for the development of agro-industrial complexes are being developed and implemented, and the necessary joint funds are being created by interested Parties.       The formation of a common agricultural market is based on the consistent integration of markets for certain types of goods and services.       1.3. The creation of a common agricultural market involves:       step-by-step formation of a coordinated trade and customs policy; ensuring conditions conducive to the effective functioning of markets for goods and services, the development of competition between producers and consumer protection; development of industrial cooperation and other forms of cooperation, including the production of machinery and equipment, as well as other material and technical resources for the needs of the agro-industrial complexes of the Parties;       stimulating agricultural producers and other subjects of market relations in the development of production and market infrastructure; legal and economic assistance to the formation of joint ventures and organizations; development and implementation of joint programs; convergence of legislation regulating relations in the agro-industrial complex; protection of agricultural producers in the domestic markets of the Parties and the markets of third countries.      1.4. The areas of cooperation between the Parties in creating a Common agricultural market are: the terms of trade and exchange of goods and services; the mechanism for regulating imports of products from countries outside the Common Agricultural Market and exports to these countries; product standardization and cost accounting systems; programs to support agricultural producers; the procedure for the creation and functioning of bodies of the Common Agricultural Market implementing the Agreement; the procedure for the formation and use of joint financial funds;      statistical and information services for the agro-industrial complexes of the Parties.

     

             2. Free movement of goods and services  

     2.1. Creating conditions for the free movement of goods and services of the agro-industrial complexes of the Parties is a primary task in the formation of a Common agricultural market.       The free movement of goods and services is ensured by a system of agreements and measures to reduce and eventually eliminate customs restrictions in mutual trade, as well as by phasing out licensing and quotas in trade, lifting administrative and other restrictions on the import and export of agricultural products.       The lists of goods and services for which the specified tariff and non-tariff restrictions are reduced or lifted are determined by the Parties upon the recommendation of the Council.       At the same time, coordinated measures of sanitary, veterinary and phytosanitary control in mutual trade are being developed and implemented.       2.2. The Parties shall take measures to: form a free trade zone covering the territories of all Parties; develop exchange trading;       formation of a system of wholesale food markets; creation of conditions for the unhindered movement of goods through the territories of the Parties;       the application of agreed transport tariffs, simplification of customs procedures for the transportation of perishable agricultural products and foodstuffs.       2.3. The Parties shall implement a coordinated competition policy with respect to commodity producers and trade intermediaries; a coordinated policy to support agriculture, increase the share of agricultural producers in the price of final products, and equalize the conditions for competition between commodity producers in the interests of consumers of goods and services.       2.4. When developing a legal system for the free movement of goods and services, the Parties intending to join the World Trade Organization shall take into account its rules and requirements.

     

                 3. Financial and pricing policy

   

    3.1. The interested Parties carry out joint financing of activities within the framework of specific programs for the development of the agro-industrial complex and other areas of activity provided for in clause 1.4 of these Regulations, including, at a certain stage, measures for the functioning of the Common Agricultural Market.       For this purpose, the interested Parties create appropriate funds.       3.2. The Parties shall implement measures aimed at:       development of a mechanism for state regulation of prices for goods and services;       support for agricultural producers and suppliers of certain types of goods and services; convergence of tax systems.       3.3. In order to support income and stimulate agricultural producers, the Parties may set support prices based on agreed criteria and types of agricultural products for the purchase of standard products submitted for sale.       3.4. The Parties jointly determine their actions in the markets of goods and services in relations with third countries.       3.5. In order to stimulate structural changes in agriculture and regulate production volumes, the Parties coordinate actions to support producers of certain types of agricultural products.

   

                  4. Information support

   

    4.1. The Joint information system of the Common Agricultural Market (hereinafter referred to as the Information System) provides continuous monitoring of the markets of goods and services and includes a single data bank, a system for collecting, processing, storing and issuing information on the volume of production of goods and services, the conjuncture of the world market and domestic markets of the Parties, mutual supplies and available reserves of products of the agro-industrial complexes of the Parties.       The Parties submit information to the Information System according to an agreed list of indicators, using a single methodology for calculating indicators of agricultural and food statistics.       The list of statistical indicators and the time frame for submitting information are determined by the Parties in coordination with the Interstate Statistical Committee of the Commonwealth of Independent States.      4.2. The Information System data is used in the interests of the Parties in solving promising and current issues of mutual trade, the formation and development of a Common agricultural market. The costs of its maintenance, as well as the conditions for providing information, are determined by the Parties on the basis of separate agreements.

 Special opinion of Georgia on the draft Agreement on the Common Agricultural Market of the CIS member states

     Georgia signs the Agreement with the exception of article 5, the third paragraph of paragraph 1.2, the first paragraph of paragraph 1.3, the second paragraph of paragraph 1.4, the first paragraph of paragraph 3.2 and paragraph 3.4 of the draft Regulations on the conditions for the establishment and functioning of the Common Agricultural Market.

     

 To point II.2    

On the Agreement on the Common Agricultural Market of the CIS member States

      It is submitted by the Interstate Economic Committee

    This Agreement is aimed at creating a common agricultural market that ensures the free movement of agricultural products, foodstuffs, scientific and technical products, technologies, means of production and services for the agro-industrial complex within the territory of the CIS member states.      On October 23, 1997, at a meeting of the Council of Heads of Government, the Republic of Kazakhstan approved this draft with the following comments: To formulate Article 2 of the draft Agreement as follows: "The Interstate Economic Committee of the Economic Union of the CIS coordinates the activities of the Parties to implement measures aimed at creating and functioning a common agricultural market, which ..." and further on.      Delete article 6.      Delete article 9.      Paragraph 3.1. The draft Regulation should read as follows: "The interested Parties jointly finance measures for the formation and functioning of a Common agricultural market in order to implement programs for the development of the agro-industrial complex and other areas of activity provided for in clause 1.4. of these Regulations."

    It is proposed to approve, taking into account the comments of the republic.

   

 Comments of the Republic of Uzbekistan on item II-2 of the Agenda of the meeting of the Council of Heads of Government of the CIS Member States "On the Agreement on the Common Agricultural Market of the CIS member States"

     In the preamble, paragraph 3 should read as follows: "desiring to develop trade and scientific and technical ties"; in article 3, after the word "agreed" (second line), delete the words "and then, common" further in the text, after the words "resource utilization" (third line), delete "rational placement of agricultural production" further in the text, after the word "complex" (line 7), delete the words "stimulation of mutual trade" and further in the text; in article 5 - (first paragraph, second line), delete everything after the words "free trade";      Due to the fact that market mechanisms of price regulation play a leading role in the pricing process, we consider it advisable to exclude article 6 from the text of the Agreement in full; in article 10, delete paragraph 2.      In the Regulation on the conditions for the creation and functioning of the Common Agricultural Market, delete from the text of paragraph 3 of paragraph 1.3 the following words "development of industrial cooperation and other forms of cooperation, including the production of machinery and equipment, as well as other material and technical resources for the needs of the agro-industrial complexes of the Parties" further in the text.

    Deputy. Prime Minister of the Republic of Uzbekistan      

 Reservation of Ukraine On item II-2 of the agenda of the meeting of the Council of Heads of Government of the CIS member States "On the Agreement on the Common Agricultural Market of the CIS member States"

     With the exception of the provisions on the Customs Union and the common customs territory in Articles 5 and 6 and the words "CIS Economic Court or other" in Article 10.

 

President    

Republic of Kazakhstan     

 

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