On signing a Free Trade Agreement between the Eurasian Economic Union and its member States, on the one hand, and the Republic of Serbia, on the other hand

Decree of the President of the Republic of Kazakhstan dated October 24, 2019 No. 191

  I DECREE:

     1. To approve the attached draft Free Trade Agreement between the Eurasian Economic Union and its member States, on the one hand, and the Republic of Serbia, on the other hand.

     2. To authorize the Prime Minister of the Republic of Kazakhstan, Mamin Askar Uzakpaevich, to sign on behalf of the Republic of Kazakhstan a Free trade Agreement between the Eurasian Economic Union and its member States, on the one hand, and the Republic of Serbia, on the other hand, with the right to make amendments and additions to it that are not fundamental.

     3. This Decree shall enter into force from the date of its signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan on October 24, 2019 No. 191

Project

FREE TRADE AGREEMENTS BETWEEN THE EURASIAN ECONOMIC UNION AND ITS MEMBER STATES, ON THE ONE HAND, AND THE REPUBLIC OF SERBIA, ON THE OTHER HAND

     The Eurasian Economic Union (hereinafter referred to as the "EAEU") and 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"), on the one hand, and the Republic of Serbia (hereinafter referred to as "Serbia"), on the other hand:

     BASED on the previously established relations between the Republic of Serbia, the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, ensuring free trade;

     STRIVING to develop and deepen mutual trade and economic cooperation between the EAEU Member States and Serbia in areas of mutual interest;

     REAFFIRMING their commitment to the principles of a market economy as the basis for trade and economic relations and their intention to actively participate in the development and promote the expansion of mutually beneficial trade and economic relations between the EAEU Member States and Serbia;

     CREATING the necessary conditions for the free movement of goods and capital in accordance with the law of the EAEU, the legislation of the EAEU Member States and Serbia, as well as the rules of the World Trade Organization (hereinafter referred to as the "WTO").

     EXPRESSING their readiness and full support for successful WTO accession and recognizing that the membership of the EAEU, the Republic of Belarus and Serbia in the WTO will create favorable conditions for deepening their integration into the multilateral trading system and increase the level of cooperation between the Parties to this Agreement;

     WE have AGREED on the following:

Article 1 General provisions

     The Parties to this Agreement are the member States of the EAEU and the EAEU within its respective competence arising from the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter referred to as the "EAEU Treaty"), acting jointly or individually, on the one hand, and Serbia, on the other hand (hereinafter referred to as the "Parties").

     The Parties shall liberalize mutual trade in accordance with the provisions of this Agreement and WTO rules, in particular, with Article XXIV of the General Agreement on Tariffs and Trade of 1994 (hereinafter referred to as "GATT 1994") in order to establish a free trade regime between the EAEU and its member States, on the one hand, and Serbia, on the other hand..

Article 2 Goals

     The objectives of this Agreement, defined in more detail, taking into account its principles and rules, are:

     expansion and development of mutual free trade and economic relations in order to accelerate economic development and achieve production stability and financial stability of the Parties;

     creation of effective procedures for the implementation and application of this Agreement and for its joint administration.

Article 3Cooperation with other international agreements

     1. In the event of a discrepancy between this Agreement and the provision of the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994 (hereinafter referred to as the "WTO Agreement"), this provision of the WTO Agreement will prevail with respect to such discrepancy.

     2. In the event of a discrepancy referred to in paragraph 1 of this Article, the Parties shall immediately consult with a view to reaching a mutually acceptable solution.

Article 4 Free trade regime

     1. Unless otherwise provided in this Agreement, the Parties shall not

     Customs duties and any charges having an equivalent effect to customs duties are applied in respect of or in connection with the import of goods originating from the territory of one of the Parties.

     2. Nothing in this Article shall prevent a Party from imposing at any time on the importation of any goods:

     (a) A fee equivalent to a domestic tax levied in accordance with the provisions of Article 8 of this Agreement in respect of similar domestic goods;

     b) any fee levied in accordance with Articles 18, 19 and 21 of this Agreement in accordance with the laws and other regulatory legal acts of the Party;

     c) Payments or other charges commensurate with the cost of the services rendered, applied in accordance with Article 6 of this Agreement.

     3. Customs duties and any charges equivalent to customs duties are applied to the goods specified in Appendix No. 1 "List of goods subject to exemptions from the free trade regime when imported into the customs territory of the Republic of Serbia from the member States of the Eurasian Economic Union" and Appendix No. 2 "List of Goods subject to exemptions from the free trade regime are applied when imported into the customs territory of the Eurasian Economic Union from the Republic of Serbia" to this Agreement. Such customs duties and charges are applied in accordance with the conditions of the most-favored-nation treatment defined in Article IG ATT 1994.

     4. The application of export duties is regulated in accordance with the laws and other regulatory legal acts of the Parties and their respective obligations under the WTO Agreement.

Article 5 Most-favored-nation regime

     Article I of GATT 1994 and the explanatory notes thereto, as well as any exceptions, exemptions and temporary exemptions from the obligation to provide the treatment provided for in Article I of GATT 1994, applicable in accordance with the WTO Agreement, are incorporated into this Agreement and form an integral part of it.

     Article 6 Payments and fees

     Each Party undertakes to ensure compliance with all fees and charges imposed on or in connection with the import or export of goods in accordance with Article VIII of GATT 1994. To this end, Article VIII of GATT 1994 and the explanatory Notes thereto, as well as Additional Provisions, are incorporated into this Agreement and form an integral part of it.

Article 7The decrees, quantitative restrictions and measures of similar effect

     Unless otherwise provided by this Agreement, the Parties may apply prohibitions, quantitative restrictions or other measures having equivalent effect to the import and export of goods in mutual trade, in accordance with Article XI GATT 1994 and Article XIII GATT 1994.

Article 8NATIONAL regime

     Each Party undertakes to provide national treatment for the goods of the other Party in accordance with Article III of GATT 1994. To this end, Article III of GATT 1994 and its explanatory notes are incorporated into this Agreement and form an integral part of it.

Article 9technical barriers to trade

     1. The Parties undertake to cooperate and exchange information on standards, technical regulations, metrology, market surveillance and conformity assessment procedures, including accreditation, testing and certification, in order to improve mutual understanding of their respective systems and prevent the emergence of any technical barriers to trade between them.

     2. In order to implement the provisions of this Agreement, the Parties undertake to promote the development of bilateral cooperation between their competent authorities or institutions responsible for standardization, technical regulations, metrology, market surveillance and conformity assessment procedures, including accreditation, testing and certification.

     3. In order to simplify trade, the Parties may initiate negotiations with a view to signing agreements on the elimination of technical barriers to mutual trade, including mutual recognition of the results of conformity assessment procedures for specific goods or groups of goods.

     4. The conditions and methods for assessing product compliance with mandatory requirements are determined by the responsible authorities or institutions of the Parties in accordance with the laws and other regulatory legal acts of the importing Party and the provisions of the Agreement on Technical Barriers to Trade contained in Annex 1A to the WTO Agreement.

     5. The Parties undertake to hold technical consultations within the framework of the Joint Committee in order to work out a mutually acceptable solution if either Party considers that the other Party has introduced a measure that is highly likely to create or has already created an unnecessary obstacle to trade. Technical consultations can be conducted by any means by mutual agreement of the Parties.

Article 10sanitary and phytosanitary measures

     1. When harmonizing their sanitary and phytosanitary measures, the Parties undertake to apply relevant laws and other regulatory legal acts in the field of sanitary and phytosanitary measures in accordance with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures contained in Annex 1A to the WTO Agreement.

     2. The Parties may reach additional agreements aimed at developing, adopting and/or applying sanitary and phytosanitary measures to minimize their negative effects in trade between the Parties.

3. Each Party, upon the written request of the other Party, undertakes to provide information in due time on any issue related to sanitary and phytosanitary measures that has arisen or that may arise in mutual trade.

     4. The Parties undertake to hold technical consultations within the framework of the Joint Committee in order to work out a mutually acceptable solution if either Party considers that the other Party has introduced a measure that is highly likely to create or has already created an unnecessary obstacle to trade. Technical consultations can be conducted by any means by mutual agreement of the Parties.

Article 11The origin of goods

     The origin of goods is determined on the basis of the Rules for Determining the Origin of Goods contained in Appendix No. 3 "Rules for Determining the origin of Goods" to this Agreement.

Article 12Transit of goods

     Article V of GATT 1994 is incorporated into this Agreement and forms an integral part of it.

Article 13 General exceptions

     1. Provided that such measures are not applied in a manner that could constitute a means of arbitrary or unjustifiable discrimination between Parties in which the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement should be interpreted as preventing any Party from taking or applying measures.:

     a) necessary to protect public morals;

     b) necessary for the protection of human, animal or plant life or health;

     c) related to the import or export of gold and silver;

     d) necessary to ensure compliance with laws or other regulatory legal acts that do not contradict the provisions of GATT 1994, including those related to the enforcement of customs legislation, rules on monopolies in force under paragraph 4 of Article II and Article XVII of GATT 1994, the protection of patents, trademarks and copyrights and the prevention of practices that introduce The misconception;

     e) related to goods produced by prisoners;

     (f) Measures taken to protect national treasures of artistic, historical or archaeological value;

     g) related to the conservation of depleted natural resources, if such measures are carried out simultaneously with restrictions on domestic production or consumption;

     (h) Undertaken in pursuance of obligations under an intergovernmental agreement on goods that meets the criteria submitted to the WTO for consideration and not rejected by it, or that are submitted for consideration and not rejected;

     (i) Related to restrictions on exports of domestic materials necessary to provide sufficient quantities of such materials to the domestic manufacturing industry during periods when the domestic price of such materials is kept at a lower level than the world price, as part of the Government's stabilization plan; provided that such restrictions do not contribute to the expansion of exports or the protection of this domestic industry and do not deviate from the provisions of GATT 1994 concerning non-discrimination;

     j) essential for the purchase or distribution of goods that are in short supply in general or for a particular region; provided that any such measures are compatible with the principle that the Parties to this Agreement are entitled to a fair share in the international supply of such goods, and any such measures incompatible with other provisions of this Agreement, terminate their effect as soon as the conditions that caused their use cease to exist.

     2. The Parties undertake to inform each other, as far as possible, of the measures taken pursuant to this Article and their termination.

Article 14Exclusions for security reasons

     Nothing in this Agreement should be interpreted.:

     a) as a requirement for any Party to provide any information, the disclosure of which it considers to be contrary to the essential interests of its security, or

     b) as preventing any Party from taking such actions as it deems necessary to protect its essential security interests:

     (i) With respect to fissionable materials or materials from

     which they are produced by;

     i) in relation to trade in arms, ammunition and products

     for military purposes, as well as trade in other goods and materials that is carried out, directly or indirectly, for the purpose of supplying the armed forces.;

     (iii) Undertaken in time of war or other emergency circumstances in international relations; or

     c) as preventing any Party from taking any action in fulfillment of its obligations under the Charter of the United Nations to preserve world peace and international security.

Article 15 Restrictions to protect the balance of payments

     1. If any of the Parties is experiencing serious difficulties with the balance of payments and external financial difficulties or is at risk of this, it may, in accordance with Article XII of the GATT 1994 and the Agreement on the Balance of Payments Provisions of the GATT 1994, introduce import restriction measures. Such restrictive measures must comply with the articles of Agreement of the International Monetary Fund.

     2. The relevant Party undertakes to immediately notify the other Party of its intention to put into effect such measures to ensure the balance of payments and the timetable for their implementation and cancellation.

     3. If the restrictive measures referred to in paragraph 1 are adopted or remain in force, the Joint Committee should consult in a timely manner. During such consultations, the state of the balance of payments of the Party concerned and the restrictive measures adopted or maintained in force under this Article should be assessed, taking into account, among other things, the following factors:

     (a) the nature and materiality of the balance of payments difficulties;

     (b) the possible effects of restrictions on the economy of the other Party; and

     (c) Alternative corrective measures available to the Party.

     The consultations should consider the compliance of any restrictive measures under Article XII of GATT 1994.

Article 16 Protection of intellectual property rights

     1. For the purposes of this Agreement, intellectual property means intellectual property as defined in article 2 of the Convention of the World Intellectual Property Organization (hereinafter referred to as "WIPO"), signed on July 14, 1967.

     2. The Parties recognize the importance of protecting intellectual property rights and undertake to ensure the adequate and effective implementation of international intellectual property agreements to which they are parties. The Parties that are parties to the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement (hereinafter referred to as the "TRIPS Agreement") confirm their obligations set forth therein. Parties that are not parties to the TRIPS Agreement must follow the principles of the TRIPS Agreement.

     3. Each Party shall apply to the nationals of the other Party a regime no less favourable than that which it applies to its own nationals with respect to the protection of intellectual property rights in accordance with the provisions and exceptions provided for in Articles 3 and 5 of the TRIPS Agreement.

     4. Each Party must apply to the citizens of the other Party a regime no less favorable than that which it applies to the citizens of any other country for the protection of intellectual property rights in accordance with the provisions of the TRIPS Agreement, in particular articles 4 and 5 thereof.

     5. The Parties should strive to ensure that their respective laws and other regulations contain provisions to ensure that intellectual property rights are respected at the level provided for in articles 41-50 of the TRIPS Agreement in order to ensure that effective measures are taken in the event of any infringement of intellectual property rights covered by this Agreement. Each Party guarantees effective protection against unfair competition in accordance with its laws and other regulatory legal acts and article 10bis of the Paris Convention for the Protection of Industrial Property of March 20, 1883.

     6. The Parties undertake to cooperate on issues related to intellectual property. At the request of either Party, they should hold expert meetings on such issues, in particular regarding actions related to existing or future international conventions on the harmonization, administration and recovery of intellectual property rights and actions in international organizations such as the WTO, WIPO, as well as related to the Parties' relations with third parties on intellectual property issues. ownership.

     7. In case of problems in the field of intellectual property rights protection affecting the terms of trade, technical consultations should be organized in the Joint Committee at the request of either Party in order to develop mutually acceptable solutions. Technical consultations can be conducted by any means by mutual agreement of the Parties.

Article 17 State-owned commercial enterprises

     Each Party undertakes to ensure that the activities of its State-owned trading enterprises comply with the XVII GATT 1994 Explanatory Notes to it and the Agreement on the Interpretation of Article XVII GATT 1994, which are hereby incorporated into this Agreement and form an integral part of it.

Article 18 Anti-dumping and countervailing measures

     1. The provisions of this Agreement shall not prevent the Parties from applying anti-dumping and countervailing measures in accordance with this Article and Articles 20 and 22 of this Agreement.

2. The Parties shall apply anti-dumping and countervailing measures in accordance with the provisions of Article VI of GATT 1994, the Agreement on the Application of Article VI of GATT 1994 (hereinafter referred to as the Anti-Dumping Agreement), the Agreement on Subsidies and Countervailing Measures (hereinafter referred to as the SCM Agreement) contained in Annex 1A to the WTO Agreement, subject to the provisions of this Article, Articles 20 and Articles 22, as well as Annexes No. 4 (Provisions on Determining the normal value in Anti-dumping Investigations) to this Agreement.

     3. For the purposes of conducting anti-dumping investigations and any subsequent anti-dumping procedures, including revisions, Serbia considers the EAEU member States individually and does not apply anti-dumping measures to imports from the EAEU as a whole.

     4. For the purposes of compensation investigations and any subsequent compensation procedures, including revisions, Serbia considers the EAEU Member States separately and does not apply compensation measures to imports from the EAEU as a whole, except in cases where there are subsidies within the meaning of Article XVI of GATT 1994 and Article 1 of the CCM Agreement provided at the EAEU level for producers. of all the EAEU member States that are specific within the meaning of Article 2 of the SCM Agreement, and such subsidies are analyzed during the compensation investigation.

     5. A Party considering the possibility of launching an anti-dumping or countervailing investigation shall notify the other Party in writing of receipt of the request for an investigation no later than fifteen (15) days prior to the date of commencement of the investigation.

Article 19 Global special protection measures

     1. The provisions of this Agreement shall not prevent the Parties from applying global special protection measures in accordance with this article, Article 20 and Article 22 of this Agreement.

     2. The Parties shall apply global special protective measures in accordance with the provisions of Article XIX of GATT 1994 and the Agreement on Special Protective Measures contained in Annex 1A to the WTO Agreement (hereinafter referred to as the Agreement on the SPM), subject to the provisions of this Article, Articles 20 and 22 of this Agreement.

     3. In order to conduct global special protective investigations and measures, as well as any subsequent procedures, including reviews, Serbia considers the EAEU member States individually, and not as the EAEU as a whole. This provision should not be considered as Serbia's obligation to initiate an individual special protective investigation for each of the EAEU Member States.

     4. A Party intending to apply a global special protective measure shall immediately send to the other Party a written notification containing all necessary information regarding the initiation of an investigation and the preliminary and final conclusions of the investigation.

Article 20 of the Consultation

     The Parties may consult on issues related to the application of anti-dumping, countervailing and global special protective measures upon a written request from either Party. Consultations should be held as soon as possible, but no later than thirty (30) days after receiving such a written request. Such consultations do not prevent the Parties from initiating anti-dumping investigations, countervailing investigations and special protective investigations and do not complicate the conduct of such investigations.

Article 21 Other protective measures

     1. If, as a result of the reduction or cancellation of customs duties in accordance with this Agreement, the import of any product originating from one Party, with the exception of goods for which a tariff quota is established in accordance with Annex No. 1 "List of goods subject to exemptions from the free trade regime when imported into the customs territory of the Republic of Serbia from Member States of the Eurasian Economic Union" and Appendix No. 2 "List of Goods, which are subject to exemptions from the free trade regime when imported into the customs territory of the Eurasian Economic Union from the Republic of Serbia" to this Agreement, to the territory of the other Party is carried out in such increased quantities in absolute or relative terms to its domestic production and under such conditions that this is a significant cause of serious damage or threat of its infliction branches of the economy that produce similar or directly competing goods in the importing Country, The importing Party may apply a bilateral protective measure to the extent necessary to prevent or eliminate serious damage or the threat of its infliction, in accordance with the provisions of this article.

     2. A bilateral safeguard measure is applied only if there is evidence that increased imports are a significant cause of serious damage or a threat of it.

     3. A Party intending to apply a bilateral safeguard measure in accordance with this Article, as soon as possible, and in any case before the start of the procedure preceding the application of a bilateral safeguard measure, shall notify the other Party and submit all necessary information and a request for consultations. At the request of either Party, the Parties shall immediately consult to work out a mutually acceptable solution. If a mutually acceptable solution is not reached within thirty (30) days after receiving the request, the importing Party may initiate the procedure preceding the application of a bilateral safeguard measure.

     4. In critical circumstances, where a delay would lead to damage that would be difficult to repair later, a Party may apply a preliminary bilateral protective measure after the start of the procedure based on a preliminary determination that there is clear evidence that increased imports of goods originating from the other Party are a significant cause of serious damage or threat to the industry. economics.

     The Party applying the measure shall notify the other Party as soon as possible and in any case before applying the preliminary bilateral protective measure and provide an opportunity for consultations. The notification must contain all necessary information, including evidence that increased imports of goods originating from the other Party are a significant cause of serious damage or threat thereof, a detailed description of the goods and the proposed provisional measure, as well as the proposed date of its introduction and the expected period of application.

     At the request of the Party, sent within thirty (30) days after receiving the notification in accordance with this paragraph, the Parties shall immediately consult to reach a mutually acceptable solution. These consultations do not prevent the Parties from applying a preliminary bilateral protective measure.

     The period of validity of any preliminary bilateral protective measure should not exceed one hundred and eighty (180) days.

     A Party may apply a preliminary bilateral protective measure only in the form of an increase in the applicable rate of customs duty on the relevant product to the required level, not exceeding the current rate of customs duty under the most-favored-nation regime applied at the time of the introduction of the preliminary bilateral protective measure.

     If the procedure is terminated without the application of a final bilateral safeguard measure, the Party applying the measure will reimburse the fees paid as a result of any preliminary bilateral safeguard measure as soon as possible. In this case, the Party that applied the preliminary bilateral safeguard measure applies the customs duty rate that was applied before the introduction of the preliminary bilateral safeguard measure and does not initiate the procedure for the same product for 2 years after the termination of the procedure.

     The period of validity of any preliminary bilateral protective measure shall be counted as part of the period of validity of the measure described in paragraph 9 of this article.

     5. A Party intending to apply a final bilateral protective measure in accordance with this Article shall notify the other Party as soon as possible and in any case before the introduction of the final bilateral protective measure and provide an opportunity for consultations. The notification must contain all necessary information, including evidence that increased imports of goods originating from the other Party are a significant cause of serious damage or threat thereof, a detailed description of the goods and the proposed final bilateral protective measure, information on compensation specified in paragraph 7 of this Article, the expected date of its introduction, the expected the period of application and, if available, the schedule of its gradual cancellation.

     For the purposes of allocating the tariff quota in accordance with paragraph 6 of this article, Serbia shall include in the notification information on the volume of imports of goods originating from the other party, the growth rate of these imports, the import shares determined for each EAEU Member State separately, as well as the size of the tariff quota for the EAEU, the preliminary distribution of individual intra-quota volumes between states-members of the EAEU and, if any, any other factors that may affect the sector of the Serbian economy.

At the request of the exporting Party, sent within thirty (30) days after receiving the notification in accordance with this paragraph, the Parties shall immediately consult to reach a mutually acceptable solution, including compensation. In case of reaching a mutually acceptable solution, this decision is made in writing and is binding on the Parties to the Agreement. If the Parties do not find a mutually acceptable solution within thirty (30) days of receiving the request, the importing Party may apply a final bilateral protective measure.

     6. If the conditions specified in paragraph 1 of this Article are fulfilled, the importing Party may apply a final bilateral protective measure only in the form of a tariff quota.

     For the purposes of this article, "tariff quota" means a fixed amount of goods originating from the territory of one of the Parties that are allowed to be imported under the free trade regime provided in accordance with Article 4 of this Agreement.

     For goods imported in excess of the tariff quota, the applicable customs duty rate is increased to the required level, not exceeding the current most-favored-nation customs duty rate applied at the time of the introduction of the final bilateral safeguard measure.

     The measure should not reduce the number of imports of goods originating from one Party to the territory of the Party applying the measure below the level of the previous period, for which the average volume of imports for the last three years for which statistics are available is taken. The level is determined based on all imports of goods from the Party for the period preceding the date of entry into force of this Agreement and imports of goods subject to the free trade regime in accordance with Article 4 of this Agreement for the period after the date of entry into force of this Agreement.

     In order to apply bilateral protective measures, Serbia distributes and administers individual intra-quota tariff quotas for all EAEU Member States (hereinafter referred to as the individual quota) in accordance with this paragraph.

     Serbia allocates individual quotas for each EAEU Member State based on the following:

     a) if there are no imports from the exporting EAEU Member State for the last three representative years for which statistics are available, or if the volume of its imports is no more than 5% of the total volume of imports from the entire EAEU, the individual quota allocated to this EAEU Member State should be at least 5% of the tariff quotas established for the EAEU;

     b) the remaining amount of the tariff quota established for the EAEU is distributed by Serbia to other EAEU Member States in proportion to its imports of goods from these EAEU Member States for the period specified in paragraph four of this paragraph;

     c) if Serbia receives information from the other Party that the EAEU Member State is not interested in supplying goods and distributing the tariff quota, Serbia shall include the individual tariff quota allocated to this EAEU Member State in the remaining amount of the tariff quota established for the EAEU in subparagraph (B) of this paragraph.

     The EAEU may submit proposals on the redistribution of individual quotas for the EAEU Member States at consultations held in accordance with paragraph 5 of this Article, but no later than twenty-five (25) days after receiving a request for consultations in accordance with paragraph 5 of this Article. Serbia redistributes individual quotas for the EAEU member States according to these proposals.

     7. The Party against whom the measure may be applied should be offered compensation in the form of concessions in an amount substantially equivalent to the trade impact and/or in an amount substantially equivalent to the additional duties expected from the application of a bilateral safeguard measure against imports from that Party.

     The Party shall, within thirty (30) days from the date of receipt of the request for consultations referred to in paragraph 5 of this Article, examine the information provided in order to find a mutually acceptable solution. In the absence of such a solution, the importing Party may apply a bilateral safeguard measure to resolve the problem, and in the absence of a mutually acceptable solution, the Party to which the bilateral safeguard measure is applied may apply a compensatory measure.

     The other Party shall be notified of the compensatory measure as soon as possible, at least thirty (30) days before the application of the compensatory measure.

     A compensatory measure is usually applied in the form of a suspension of the granting of concessions in an amount substantially equivalent to the impact on trade and/or in an amount substantially equivalent to the additional duties expected from the application of a bilateral safeguard measure.

     A countervailing measure is applied for the minimum period necessary to achieve a substantially equivalent effect on trade, and in any case only for the duration of the bilateral safeguard measure adopted in accordance with paragraph 6 of this article. When determining compensation or compensatory measures, preliminary bilateral protective measures are taken into account.

     8. The procedure preceding the introduction of a bilateral protective measure must be completed within nine (9) months from the date of its commencement.

     9. A two-way protective measure is applied for a period not exceeding two (2) years. The validity period of a bilateral protective measure may be extended for one year if there is evidence of the need to eliminate or prevent serious damage or the threat of such damage and to adapt the economic sector to changing economic conditions. A Party shall not apply a bilateral protective measure repeatedly against the same product for a period equal to the period of validity of such measure applied earlier.

     10. A two-way protective measure may not be applied to the same product more than twice.

     And. Upon termination of the bilateral protective measure, the customs duty rate is set at the level that would have been in effect on the expiration date of the measure if the measure had not been introduced.

     12. The bilateral safeguard measure is not applied during the first six (6) months from the date of entry into force of this Agreement.

     13. No Party in mutual trade applies a bilateral protective measure and a global special protective measure to the same product at the same time.

Article 22 Information exchange

     1. Any official contacts and exchange of documentation between the Parties on issues falling within the scope of Articles 18-22 of this Agreement shall be carried out between the competent authorities of the Parties.

     2. The Parties shall carry out the electronic exchange of notifications and requests in accordance with paragraphs 3, 5, 6, 7 of Article 21 on the day when official letters with written notifications and requests are sent.

     3. The Parties shall exchange information on the names and contact details of the competent authorities, including those conducting investigations, within thirty (30) days from the date of entry into force of this Agreement, and notify each other as soon as possible of any changes concerning the competent authorities, including those conducting investigations.

Article 23 Dispute resolution

     Any dispute between the Parties arising from the interpretation and/or application of this Agreement shall be resolved in accordance with the rules and procedures set out in Annex No. 5 "Dispute Resolution" to this Agreement.

Article 24transparentness and information exchange

     1. Each Party shall ensure, in accordance with its laws and other regulatory legal acts, that its laws and other regulatory legal acts of general application, as well as its relevant international agreements on any matters falling within the scope of this Agreement, are published in a timely manner at the latest from the date of their entry into force or otherwise made freely available, including, if possible, in electronic form.

     2. To the maximum extent possible, each Party shall notify the other Party of any measures that, in the opinion of the Party, may significantly affect the application of this Agreement or the interests of the other Party under this Agreement.

Article 25 Electronic commerce

     The parties recognize the growing importance of e-commerce for trade between them. In order to support the provisions of this Agreement related to trade in goods, the Parties will cooperate in the field of electronic commerce for mutual benefit.

Article 26 Confidential information

     1. Each Party undertakes, in accordance with its laws and other regulatory legal acts, to ensure the confidentiality of information provided by the other Party as confidential under this Agreement.

     2. Nothing in this Agreement obliges a Party to provide or allow access to information, the disclosure of which could impede the application of legislation or is prohibited or restricted by its laws and other regulatory legal acts, or otherwise could conflict with public interests, or infringe on the legitimate interests (of any business entity) of individual enterprises, private or public.

Article 27 of the Application

     The annexes to this Agreement form an integral part of this Agreement.

Article 28The Local Committee

1. The Parties hereby establish a Joint Committee comprising representatives of each Party, which will be jointly chaired by two representatives - one from the Eurasian Economic Union and its member States, represented by a member of the Board of the Eurasian Economic Commission, and the other from the Government of Serbia at the Ministerial level or their designated representatives. The parties will be represented by senior officials with the necessary authority for this purpose.

     2. The Parties shall inform each other about their representatives in the Joint Committee at least thirty (30) calendar days prior to its meeting.

     3. The tasks of the Joint Committee include:

     a) monitoring and studying all issues related to the application and operation of this Agreement;

     (b) Consideration of possibilities for further development of trade relations between the Parties;

     (c) To examine and submit for consideration by the Parties any amendments to this Agreement; and

     d) performing other actions related to any issue under this Agreement, referred to it by the Parties within the scope and objectives of this Agreement.

     4. In order to carry out its functions, the Joint Committee may establish permanent or ad hoc subcommittees or working groups and assign them tasks on specific issues.

     5. All decisions and recommendations of the Joint Committee are made based on the consensus of the Parties.

     6. Meetings of the Joint Committee are usually held at least once every two years, alternately by each Party in the absence of any other agreement between the Parties.

     Special sessions may also be held at the request of any Party. Such sessions should, as far as possible, be held within thirty (30) days from the date of receipt of the relevant request in the territory of the requesting Party, unless otherwise agreed between the Parties.

     The Parties undertake to agree on the Rules of Procedure of the Joint Committee and approve it at the first meeting of the Joint Committee.

Article 29 Contact points

     1. In order to ensure the effective implementation of this Agreement and simplify communication between the Parties on any issue under this Agreement, each Party shall, within one (1) month from the date of entry into force of this Agreement, designate a contact point or contact points and inform the other Party about them. The Parties shall immediately notify each other of any changes regarding information about their contact points.

     2. The functions of the contact point of each Party are:

     a) receiving questions or requests from the other Party;

     (b) Responding to the questions or requests referred to in subparagraph

     (a) This paragraph, where possible, in cooperation with other competent authorities of the Party.

     3. Paragraphs 1 and 2 of this Article should not exclude or limit

     establishing any direct contacts between business representatives from the

     by the competent authorities of the other Party.

     4. At the request of the Party, the contact point or contact points of the other Party identify the appropriate authority or official responsible for the issue that may affect trade between the Parties, and provide the necessary assistance to simplify the relevant communication.

Article 30conditions of action, withdrawal and termination

     1. This Agreement is concluded for an indefinite period.

     2. Each Party has the right to terminate this Agreement by notifying the other Party of such intention to terminate this Agreement. This Agreement shall terminate on the first day of the seventh month following the month in which the other Party received the relevant notification.

     3. This Agreement shall terminate for any EAEU Member State that withdraws from the EAEU Treaty. Any EAEU Member State withdrawing from the EAEU Treaty will ipso facto cease to be a party to this Agreement from a date similar to the effective date of its withdrawal from the EAEU Treaty. The EAEU undertakes to notify Serbia in writing of any such withdrawal six (6) months prior to the effective date of such withdrawal.

Article 31references

     1. This Agreement and its annexes may be amended by mutual written consent of the Parties.

     2. All amendments form an integral part of this Agreement and are formalized in the form of separate protocols that enter into force in accordance with Article 33 of this Agreement.

     3. If changes are made to any provision of the WTO Agreement or any other agreement to which both Parties are parties and which are incorporated into this Agreement, the Parties will consult on the need to make appropriate changes to this Agreement.

Article 32adjustment to the Agreement of the new EAEU Member State

     1. Any new EAEU Member State shall accede to this Agreement by mutual agreement of the Parties through negotiations on the terms of accession. Such accession shall be formalized by an additional protocol to this Agreement.

     2. The EAEU undertakes to immediately notify Serbia in writing of the receipt of the status of a candidate country for EAEU membership by any third party, as well as any accession to the EAEU.

Article 33 Entry into force

     This Agreement shall enter into force sixty (60) days after the date of receipt of the last written notification that the EAEU, the EAEU Member States and Serbia have completed the internal procedures necessary for its entry into force. Notifications are exchanged between the Eurasian Economic Commission and the Ministry of Foreign Affairs of the Republic of Serbia.

     IN WITNESS WHEREOF, the undersigned, having all the necessary powers, have signed this Agreement.

     Done in the year in two original copies in

     in English, with both texts having the same validity

For the Republic of Armenia

For the Republic of Serbia

For the Republic of Belarus

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Russian Federation

For the Eurasian Economic Union

APPENDIX 1 to the Agreement

THE LIST OF GOODS SUBJECT TO EXEMPTIONS FROM THE FREE TRADE REGIME WHEN IMPORTED INTO THE CUSTOMS TERRITORY OF THE REPUBLIC OF SERBIA FROM THE MEMBER STATES OF THE EURASIAN ECONOMIC UNION

     For the purposes of this Application:

     1. "HS Code" and "Description" refer to the commodity code and the corresponding description of the commodity nomenclature of the Republic of Serbia as of January 1, 2019.

     2. "Special condition" means the country of origin of the goods subject to withdrawal from the free trade regime or import without payment of import customs duties in the amount of established tariff quotas.

Download

HS Code / Special Condition

Description

1701 99 10 (Goods originating from the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan or the Kyrgyz Republic)

White sugar

2207 (Goods originating from the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan or the Kyrgyz Republic)

Non-denatured ethyl alcohol, with an alcohol concentration of 80 Vol. % or more; ethyl alcohol and other alcoholic tinctures, denatured, of any concentration

08 20 12, 2208 20 14, 2208 20 26, 2208 20 27,2208 20 40, 2208 20 62, 2208 20 64, 2208 20 86,2208 20 87, 2208 30, 2208 40, 2208 50, 2208 60 91,2208 60 99, 2208 70, 2208 90 11, 2208 90 19,2208 90 41, 2208 90 45, 2208 90 48, 2208 90 54,2208 90 71, 2208 90 75, 2208 90 77, 2208 90 78,2208 90 91,2208 90 99 ( Goods originating from the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan or the Kyrgyz Republic)

Non-denatured ethyl alcohol, with an alcohol concentration of less than 80 Vol. %; alcoholic tinctures, liqueurs and other alcoholic beverages

Download

HS Code / Special Condition

Description

2402 10, 2402 90 (Goods originating from the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan or the Kyrgyz Republic)

Cigars, cigars with cut ends, cigarillos made from tobacco or its substitutes

4012, except 4012 90

Pneumatic rubber tires and tires, refurbished or used

8701 10,8701 20 10,8701 30 00, 8701 91 10 10, 8701 91 90, 8701 92 10 11, 8701 92 10 19, 8701 93 10 10, 8701 93 90, 8701 94 10 10 ( except with a power exceeding 90 kW), 8701 94 90, 8701 95 10 10, 8701 95 90 (Goods originating from the Russian Federation)

Tractors (excluding tractors of heading 8709 of the Customs Code of the Russian Federation), new

8701 20 90, 8701 91 10 90, 8701 92 10 90, 8701 93 10 90, 8701 94 10 90, 8701 95 10 90

Tractors (other than tractors of heading 8709), used

8702 10 19, 8702 10 99, 8702 20 10 90, 8702 20 90 90, 8702 30 10 90, 8702 30 90 90, from 8702 40 00 00, 8702 90 19, 8702 90 39, from 8702 90 90 00

Motor vehicles designed to carry 10 people or more, including the driver, used

8703

Passenger cars and other motor vehicles intended primarily for the carriage of persons (other than motor vehicles of heading 8702), including cargo and passenger vans and racing cars

8704 21 10, 8704 21 31, 8704 21 91, 8704 22 10,8704 22 91, 8704 31 10, 8704 31 31, 8704 31 91,8704 32 10, 8704 32 91( Goods originating from the Russian Federation)

Motor vehicles for cargo transportation, new

8704 21 39, 8704 21 99, 8704 22 99, 8704 23 99,8704 31 39, 8704 31 99, 8704 32 99

Used motor vehicles for cargo transportation

THE LIST OF GOODS IN RESPECT OF WHICH, WHEN IMPORTED INTO THE CUSTOMS TERRITORY OF THE REPUBLIC OF SERBIA FROM THE MEMBER STATES OF THE EURASIAN ECONOMIC UNION

     TARIFF QUOTAS ARE APPLIED

1. The following tariff quotas are applied to goods originating from some member States of the Eurasian Economic Union in accordance with this annex. Goods originating from other member States of the Eurasian Economic Union are granted duty-free entry into the customs territory of the Republic of Serbia.

     2. The Republic of Serbia provides the possibility of import without payment of import customs duties in the prescribed amounts for goods originating from the member States of the Eurasian Economic Union, in accordance with this annex.

     3. The rates of import customs duties applied when importing goods in amounts exceeding those established in accordance with this annex shall be applied in accordance with the legislation of the Republic of Serbia and the provisions of Article 5 of this Agreement.

Download

Tax Code/ Special condition

Description

The size of the tariff quota

0406 30 31,0406 3039, 0406 30 90(Goods originating from the Republic of Armenia,the Republic of Kazakhstan and the Kyrgyz Republic)

Processed cheeses, not grated or powdered

100 tons per year

2208 20 29, 2208 20 89(Goods originating from the Republic of Armenia,the Republic of Belarus,the Republic of Kazakhstan, or the Kyrgyz Republic)

Alcoholic tinctures obtained as a result of distillation of grape wine or grape pomace, other

50,000 liters of pure alcohol per year

2402 20

Cigarettes containing

2,000,000 thousand pieces per year

(Products,

tobacco

originating from

Republic of Armenia,

Republic of Belarus,

Republic of Kazakhstan

or Kyrgyz

Republics)

APPENDIX 2

to the Agreement

     THE LIST OF GOODS SUBJECT TO EXEMPTIONS FROM THE FREE TRADE REGIME WHEN IMPORTED INTO THE CUSTOMS TERRITORY OF THE EURASIAN ECONOMIC UNION

     UNION OF THE REPUBLIC OF SERBIA

     For the purposes of this Application:

     1. The "HS Code" and "Description" refer to the product code and its corresponding description from the unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union, approved by Decision No. 54 of the Council of the Eurasian Economic Commission dated July 16, 2012, as of January 1, 2019.

     2. The Eurasian Economic Union provides the possibility of import without payment of import customs duties for goods originating from the Republic of Serbia in the amounts of the established tariff quotas in accordance with this annex.

Download

HS Code

Description

0207

Meat and edible offal of poultry specified in heading 0105, fresh, chilled or frozen

0406 30, except 0406 30 100 0

Processed cheeses, not grated or powdered

1701 99 100

White sugar

2204 10

Sparkling wines

2207

Non-denatured ethyl alcohol with an alcohol concentration of 80 Vol. % or more; ethyl alcohol and other alcoholic tinctures, denatured, of any concentration

2208 20 120 0, 2208 20 140 0, 2208 20 260 0, 2208 20 270 0, 2208 20 400 0, 2208 20 620 0, 2208 20 640 0, 2208 20 860 0, 2208 20 870 0, 2208 30, 2208 40, 2208 50, 2208 60, 2208 70, 2208 90 110 0, 2208 90 190 0, 2208 90 410 0, 2208 90 450 0,2208 90 540 0, 2208 90 560, 2208 90 690, 2208 90 750 0, 2208 90 770, 2208 90 780, 2208 90 910 0, 2208 90 990 0

Non-denatured ethyl alcohol with an alcohol concentration of less than 80 Vol. %; alcoholic tinctures, liqueurs and other alcoholic beverages

2402 10, 2402 90

Cigars, cigars with cut ends, cigarillos made from tobacco or its substitutes

HS Code

Description

4012, except 4012 90

Pneumatic rubber tires and tires, refurbished or used

5205

Cotton yarn (except sewing thread) containing 85% cotton fibers. % or more, unpacked for retail sale

5208

Cotton fabrics containing 85% cotton. % or more of cotton fibers, with a surface density not exceeding 200 g/m2

5209

Cotton fabrics containing 85% cotton. % or more of cotton fibers, with a surface density of more than 200 g/m2

5210

Cotton fabrics containing less than 85% cotton. % of cotton fibers, mixed mainly or exclusively with chemical fibers, with a surface density not exceeding 200 g/m2

5211

Cotton fabrics containing less than 85% cotton. % of cotton fibers, mixed mainly or exclusively with chemical fibers, with a surface density of more than 200 g/m2

5212

Other cotton fabrics

58

Special fabrics; tufted textile materials; lace; tapestries; decorative materials; embroidery

8414 30, except 8414 30 200 1, 8414 30 810 1,8414 30 890 1

Compressors used in refrigeration equipment

8701

Tractors (excluding tractors of heading 8709)

8702 10 19, 8702 10 99,8702 20 19, 8702 20 99,8702 30 19, 8702 30 99, from 8702 40, 8702 90 19, 8702 90 39, out of 8,702 90 80

Motor vehicles designed to carry 10 people or more, including the driver, used

8703

Passenger cars and other motor vehicles intended primarily for the carriage of persons (other than motor vehicles of heading 8702), including cargo and passenger vans and racing cars

Download

HS Code

Description

8704 21 390, 8704 21 990, 8704 22 990,8704 23 990, 8704 31 390, 8704 31 990,8704 32 990

Used motor vehicles for cargo transportation

     THE LIST OF GOODS SUBJECT TO TARIFF RESTRICTIONS WHEN IMPORTED INTO THE CUSTOMS TERRITORY OF THE EURASIAN ECONOMIC UNION FROM THE REPUBLIC OF SERBIA

     QUOTAS

     1. The following tariff quotas apply to goods originating from the Republic of Serbia in accordance with this annex.

     2. The Eurasian Economic Union provides the possibility of import without payment of import customs duties in the prescribed amounts for goods originating from the Republic of Serbia, in accordance with this annex.

     3. The rates of import customs duties applied on the import of goods in amounts exceeding those established in accordance with this annex shall be applied in accordance with the legal framework of the Eurasian Economic Union, the legislation of its member States and the provisions of Article 5 of this Agreement.

     4. The Eurasian Economic Union provides the possibility of import without payment of import customs duties for Bulgarian cheese made with the addition of finely ground aromatic herbs, Buttercase and cheese made from sheep's or goat's milk, classified by HS codes 0406 90 690 0, 0406 90 740

     0, 0406 90 860 0, 0406 90 890 0, 0406 90 920 0, 0406 90 930 0, 0406 90 990 1, 0406 90 990

     9. The possibility of import without payment of customs duties for these goods is provided that in column 8 of the certificate of origin the mark "Glarus cheese with herbs" or "Buttercase cheese" or "Cheese made of goat's or sheep's milk" is made.

Download

HS Code

Description

The size of the tariff quota

0406 90 690 0, 0406 90 740 0, 0406 90 860 0, 0406 90 890 0, 0406 90 920 0, 0406 90 930 0, 0406 90 990 1,0406 90 990 9

Other cheeses

400 tons per year

2208 20 290 0, 2208 20 890 0

Alcoholic tinctures obtained as a result of distillation of grape wine or grape pomace, other

35,000 liters of pure alcohol per year

2402 20

Cigarettes containing tobacco

2,000,000 thousand pieces per year

APPENDIX 3

to the Agreement

RULES FOR DETERMINING THE ORIGIN OF GOODS

Article 1 Coverage

     The rules for determining the origin of goods provided for in this annex are applied for the purposes of granting tariff preferences in accordance with this Agreement.

Article 2 Concepts and definitions

     The concepts used in these Rules for determining the origin of goods mean the following:

     a) "verification authority" is a competent state body authorized by a Party to monitor the validity of issuing certificates of origin and declarations of origin, the reliability of the information contained therein, as well as to verify that manufacturers meet the criteria for the origin of goods provided for in these Rules.;

     b) "Harmonized System" is the current version of the harmonized commodity description and coding system defined by the International Convention on the Harmonized Commodity Description and Coding System of June 14, 1983;

     c) "shipper" - the person specified in the goods transport documents.

     (transportation) documents, which, in accordance with its obligations, has transferred or intends to transfer the goods to the carrier;

     d) "consignee" - the person specified in the goods transport documents.

     (transportation) documents, which, in accordance with its obligations, has accepted or intends to accept goods from the carrier;

     e) "declaration of origin of goods" means a commercial or any other document related to the goods and containing a statement of origin made by the manufacturer, exporter or shipper;

     f) "applicant" - the person who applied to the authorized body

     the exporting Party for obtaining a certificate of origin confirming and being responsible for the accuracy of the information about the goods indicated in the certificate of origin. The applicant may be a manufacturer, exporter or shipper of goods, as well as their authorized representatives.;

     g) manufacture (manufacturing)" - the performance of any type of production or technological operations, the purpose of which is to obtain goods;

     h) "importer" - a person who is a party to a foreign trade agreement (transaction) that buys goods from an exporter;

i) "criterion of sufficient processing" is one of the criteria of origin of goods, according to which goods, with the participation of two or more States in their production, are considered to originate from the State in whose territory they were subjected to the last significant processing;

     j) "material" means any ingredient, raw material, component or part,

     used for the production of goods;

     j) "material of foreign origin" - material that is not considered to originate in accordance with these Rules, or material of unknown origin.;

     1) "consignment" means goods that are sent simultaneously according to one or more commodity transport (transportation) documents to the address of one recipient from one shipper, as well as those sent by one postal waybill or transported as baggage by one person crossing the border;

     w) "Certificate of immutability of goods" is a document issued by the customs authorities of the transit country, indicating that the goods were under customs control and were not modified or processed (with the exception of operations to ensure the safety of the goods) on its territory.

     p) "certificate of origin of goods" - a document issued by an authorized body and attesting to the origin of the goods;

     o) "Customs value" - the value determined in accordance with the provisions established by the Agreement on the Application of Article VII of the GATT 1994;

     p) "commodity" means any product, including thermal, electrical, other types of energy and vehicles transported across the customs border (with the exception of vehicles carrying out international transportation of passengers and goods), even if it is intended for further use in another production operation as a material;

     q) "third party" - the customs territory of a State that is not a Party to this Agreement;

     d) "authorized body" - the body (organization) authorized by the Party to issue (certify) certificates of origin of goods;

     s) "ex-factory price" - the price of the goods to be paid on the terms of delivery of ex-factory in accordance with the international rules for the interpretation of Incoterms trade terms, with the exception of the amounts of domestic taxes that are reimbursed or may be reimbursed upon export of this product. This price should be the one that is paid to the manufacturer who last processed the product before the sale;

     t) "exporter" - a person who is a party to a foreign trade agreement (transaction) that sells goods to an importer.

Article 3 Criteria of origin of goods

     For the purposes of these Rules, goods are considered to originate from this Party if they:

     (a) Are wholly obtained or produced in such a Party in accordance with Article 4 of these Regulations; or

     b) produced in a Party using materials of foreign origin and meet the requirements of the criteria for sufficient processing established by Article 5 of these Rules.;

     (c) Produced in one or more Parties solely from materials originating from those Parties, subject to the provisions of Article 6 of these Rules.

Article 4 Fully received or produced goods

     The following items should be considered as fully received or produced on the Sidelines:

     1) minerals, mineral products and other natural resources extracted from the bowels of the Party, on its territory, in its territorial sea or from its bottom, or obtained as a result of atmospheric air treatment on the territory of the Party;

     2) products of plant origin, grown and (or) harvested on the Sidelines;

     3) live animals born and raised on the Sidelines;

     4) products obtained away from live animals;

     5) products obtained as a result of hunting and fishing on the Sidelines;

     6) products of marine fishing and other products of marine fishing caught outside the territorial sea of a Party by vessels registered in that Party and flying its flag;

     7) products produced on board a processing vessel exclusively from products specified in subparagraph 6) of this Article originating from a Party, provided that such processing vessel is registered in that Party and sails under its flag.;

     8) products obtained from the seabed or from the marine subsoil outside the territorial sea of a Party, provided that this Party has the exclusive rights to develop this seabed or these marine subsoil;

     9) waste and scrap (secondary raw materials) obtained on the Sidelines as a result of production or other processing or consumption operations, provided that such products are suitable only for processing into raw materials.;

     10) products obtained in outer space on spacecraft owned by a Party or leased (chartered) By her;

     11) goods manufactured in the Party from the products specified in the sub-paragraphs

     1) -10) of this article.

Article 5Criteria of sufficient processing (processing)

     1. The goods are considered to have undergone sufficient processing (processing) on the Sidelines if the value of the materials of foreign origin used in this process does not exceed fifty (50) percent of the value of the exported goods.

     2. The cost of materials of foreign origin used in the processing (processing) process is defined as their customs value upon importation to the Party in which their processing (processing) is carried out.

     In the event that, in accordance with the legislation of the Party, the customs value of the materials cannot be determined, or the origin of such goods is unknown, the cost of the materials is determined in the amount of the first fixed price paid for these materials in the territory of the Party in which their processing (processing) is carried out.

     The value of the goods exported from the Party is determined on the terms of the ex-factory price.

Article 6 Accumulation of origin

     Notwithstanding the provisions of subparagraph "b" of Article 3 of these Rules, goods or materials originating from one Party used as materials in the manufacture of goods in the other Party should be considered as originating from the Party in which the last processing operations were performed, with the exception of those specified in paragraph 1 of the Article. 7 of these Rules. The origin of such materials is confirmed by a certificate of origin in the form of ST-2 issued by the authorized body.

Article 7 Non-sufficient processing (recycling)

     1. The following operations do not meet the criterion of sufficient processing:

     1) operations that are necessary to ensure the safety of the goods during their storage and (or) transportation;

     2) operations for the preparation of goods for sale and (or) transportation (crushing batches, forming shipments, sorting, repacking), operations for disassembly and assembly of packaging;

     3) Washing, cleaning, removing dust, oil, paint or other coatings;

     4) ironing or pressing of textiles (any types of fibers and yarns, woven materials from any types of fibers and yarns and products from them);

     5) painting, polishing, varnishing, coating (impregnation) with oil or other substances;

     6) peeling, partial or complete bleaching, grinding and polishing of grain and rice;

     7) freezing, defrosting;

     8) operations for coloring, diluting, mixing sugar, including with other materials, or forming lump sugar;

     9) peeling, extraction of seeds, seeds, shells and cutting of fruits, vegetables and nuts;

     10) sharpening, grinding or cutting, which does not lead to a significant difference between the received product and the original components.;

     11) sieving through a sieve or sieve, sorting, classifying, selecting, selecting (including making sets of products);

     12) filling, packing into cans, vials, bags, boxes, cartons and other packaging operations;

     13) simple assembly operations or disassembly of goods in parts;

     14) engraving, application or printing of trademarks, logos, labels and other similar distinguishing marks on the product or its packaging;

     15) mixing of goods (components), which does not lead to a significant difference between the products obtained and the original components.;

     16) animal slaughter;

     17) cutting (sorting) of meat and fish;

     18) use (operation) of the product for its intended purpose;

     19) a combination of two or more of the above operations.

     2. If, with respect to the goods, the criterion of sufficient processing (processing) is achieved solely through the operations listed in paragraph 1 of this Article, the goods in question will not be considered to originate from the Party in which these operations were performed.

     3. For the purposes of applying paragraph 1 of this article, a simple operation is an operation that does not require the use of special skills, as well as machines, devices or equipment specifically designed for this operation.

Article 8 Special cases of determining the origin of goods

     1. Devices, accessories, spare parts and tools intended for use with machines, equipment, apparatuses or vehicles are considered to originate from the same Party as machines, equipment, apparatuses or vehicles if such devices, accessories, spare parts and tools are imported and used in conjunction with said machines, equipment, devices or vehicles in the configuration and quantity that are usually supplied with these goods in accordance with the technical documents.

2. The package in which the goods are imported is considered to originate from the same Party as the goods themselves, except in cases where the package, in accordance with the 5th Basic Rule of Interpretation of the harmonized system, is subject to declaration separately from the goods. In this case, the origin of the package is determined separately from the origin of the goods.

     3. If the packaging in which the goods are imported is considered to originate from the same Party as the goods themselves, only the packaging in which the goods are sold in retail is taken into account to determine the origin of the goods.

     4. When determining the origin, goods in disassembled or unassembled form, as well as goods transported in bulk, delivered in parts due to the impossibility of their shipment in one batch due to production or transport conditions, may be considered, at the request of the declarant, as a single product, provided that all components are delivered from one country by one exporter to one importer within one the contract, as well as the fulfillment of other conditions established by the customs legislation of the importing Party.

     5. When determining the origin of a product, the origin of heat and electric energy used for its production or processing, machinery, equipment and tools, and any other goods that are not included in the final product, but whose use in its production can be represented as part of the production process, is not taken into account.

     6. Goods classified as sets in accordance with the 3rd Basic Rule of Interpretation of the harmonized System are considered as originating goods if all the components that make up the set are originating materials. However, if the set consists of both originating materials and materials of foreign origin, the set as a whole should be considered to be originating, provided that the cost of the materials of foreign origin does not exceed fifteen (15) percent of the cost of the set on the terms of the ex-factory price.

Article 9 Direct delivery of goods

     1. Direct delivery is considered to be the delivery of goods from the territory of one Party to the territory of the other Party without transportation through the territory of a third party.

     2. Notwithstanding the provisions of paragraph 1 of this article, goods may be transported through the territory of third parties for geographical, transport, technical or economic reasons, provided that during such transportation, including during temporary storage in the territory of third parties, such goods are under customs control.

     3. The importer must provide the customs authorities of the importing Party with appropriate documentary evidence of compliance with the requirements set out in paragraph 2 of this Article. Such documentary confirmation is provided to the customs authorities of the importing Party by submitting one of the following documents:

     a) a certificate of immutability of the goods (a certificate of non-manipulation) submitted by the customs authorities of the transit third party;

     b) other documents issued by the customs authorities of a third party containing an accurate description of the goods, the dates of transshipment of the goods, the names of vehicles, as well as certifying the conditions under which the goods were in this transit third party;

     c) transport (transportation) documents certified by the customs authority of a third party, certifying the route of movement of goods from the exporting Party through the territory of this transit third party.

     4. Direct delivery is also responsible for goods purchased by the importer at exhibitions or fairs, provided the following conditions are met:

     1) the goods were delivered from the territory of one Party to the territory of a third party in which the exhibition or fair was held, and remained under customs control during their holding;

     2) the goods have not been used since they were sent to the exhibition or fair for any other purpose other than demonstration;

     3) the goods are imported into the territory of a Party in the same condition in which they were shipped to the territory of a third party, without taking into account changes in the condition of the goods due to natural wear or loss under normal conditions of transportation and storage.

Article 10conditions for the provision of a free trade regime

     1. The goods enjoy a free trade regime in the territories of the Parties if they meet the criteria of origin established by these Rules, and the following conditions are met::

     1) a valid certificate of origin in the form ST-2 has been submitted to the customs authority of the importing Party, and in the case specified in Article 13 of these Rules, a declaration of origin filled in (executed) in accordance with the requirements of these Rules, except for the cases specified in Article 14 of these Rules.;

     2) the conditions of direct delivery of goods provided for in Article 9 of these Rules have been met;

     3) the requirements for administrative cooperation provided for in Article 15 of these Rules have been met.

     2. Goods whose origin has not been established or whose origin has been established, but at the same time a free trade regime cannot be provided for these goods, are imported into the importing Party in accordance with the requirements of customs tariff and non-tariff regulation of this Party.

     3. With respect to the goods specified in paragraph 2 of this Article, a free trade regime may be restored in the territories of the Parties after the release of the goods, subject to the following conditions:

     1) the conditions stipulated in paragraph 1 of this Article have been fulfilled;

     2) twelve (12) months have not expired from the date of registration of the customs declaration with the importing Party.

     4. The restoration of the free trade regime after the release of goods is carried out subject to the conditions established by these Rules and in accordance with the procedure determined by the customs legislation of the importing Party.

     5. The free trade regime cannot be restored in accordance with paragraph 4 of this article, in case of refusal to provide such a regime in connection with the discovery of falsification of the certificate of origin of goods in the form of CT-2 or the declaration of origin of goods, as well as in case of non-fulfillment of the conditions specified in paragraph 3 of this Article.

Article 11 Grounds for refusal to grant free trade regime

     1. The Customs authority of the Party refuses to grant a free trade regime.

     trade in respect of goods imported from the other Party in the following cases:

     1) one (or more) of the conditions for granting a free trade regime specified in paragraph 1 of Article 10 of these Rules has not been met.;

     2) it is impossible to identify the goods indicated in the certificate of origin (declaration of origin) with the goods declared during the customs declaration;

     3) information has been received from the verifying authority of the exporting Party

     that the certificate of origin (declaration of origin) was not issued (falsified), cancelled (revoked) or issued on the basis of invalid, unreliable or incomplete documents and (or) information;

     4) within six (6) months from the date of sending the request provided for in paragraph 5 of Article 15 of these Regulations (or within eight (8) months from the date of sending such a request, if the exporting Party requested an extension of the period for verification in accordance with paragraph 6 of Article 15 of these Regulations), from the verification authority of the country No response has been received regarding the requested certificate (declaration of origin) or, if there is a case provided for in paragraph 8 of Article 15 of these Rules.;

     5) the actual weight of the delivered goods exceeds the weight indicated in the certificate of origin (declaration of origin) by more than five (5) percent;

     6) the original paper certificate of origin has not been submitted at the request of the customs authority of the importing Party in the cases provided for in paragraph 4 of Article 12 and paragraph 3 of Article 14 of these Rules.;

     7) an on-site inspection carried out in accordance with Article 16 of these Rules does not allow to establish the origin of the goods or indicates that the goods do not meet the criteria of origin.;

     8) within sixty (60) days from the date of sending the request for an on-site inspection specified in paragraph 3 of Article 16 of these Rules, no response has been received from the verifying authority of the exporting Party or a refusal to conduct an on-site inspection has been received.

     2. The presence of errors (typos) and (or) minor discrepancies made when filling out the certificate of origin (declaration of origin), which do not affect the accuracy or completeness of the information contained in such certificate of origin (declaration of origin) and do not cast doubt on the origin of the goods, is not a reason. to refuse to grant a free trade regime.

Article 12 Certificate of origin of goods

     1. To confirm the origin of goods in order to provide a free trade regime, the customs authority of the importing Party is provided with a certificate of origin in the form ST-2 (hereinafter referred to as the certificate of origin), made in accordance with the form given in Appendix No. I to these Rules, and filled in (executed) in accordance with the requirements given in this Article. and article 18 of these Rules.

     2. The original paper copy of the certificate shall be submitted to the customs authority of the importing Party, with the exception of the case provided for in paragraph 2 of Article 14 of these Rules.

     3. The certificate is issued by the authorized body on the basis of the applicant's request (documents and information provided by him) before or at the time of export of goods in all cases when the goods comply with the requirements of these Rules.

4. A certificate of origin of goods is issued for one batch of goods, and its validity period for the purpose of providing a free trade regime is twelve (12) months from the date of its issuance by the authorized body.

     5. The actual weight of the delivered goods must not exceed the weight indicated in the certificate of origin by more than five (5) percent.

     6. The certificate of origin of the goods may be issued by the authorized body even after the export of the goods on the basis of the applicant's request. In this case, the applicant additionally submits to the authorized body a customs declaration with the appropriate mark of the customs authority confirming the actual export of the goods. In this case, the mark of the customs authority must be dated earlier than the date of issue of the certificate of origin.

     During the customs declaration of goods in electronic form, an electronic notification of the customs authority on border crossing may be submitted. If the customs declaration is not applied when the goods are exported from the Party, the documents certifying the shipment of the goods from the territory of such Party are submitted to the authorized body.

     In these cases, column 5 of the certificate of origin indicates: "Issued retrospectively" or "Issued subsequently".

     7. In cases of loss or damage of the certificate of origin, the authorized body shall issue its officially certified duplicate. When issuing a duplicate, the date of issue of the duplicate is indicated in column 12 "Certification", and in column 5 "For official use" the word "Duplicate" or "Duplicate" is indicated, as well as the number and date of issue of the lost or damaged original certificate of origin.. A duplicate certificate of origin is valid from the date of issue of the original certificate of origin. The period of application of a duplicate certificate of origin for the purpose of providing a free trade regime may not exceed twelve (12) months from the date of issue of the original certificate of origin.

     8. Instead of a certificate of origin that has been cancelled for any reason, or if it is necessary to reissue a previously issued certificate of origin based on a reasoned request provided by the applicant, the authorized body may issue a new certificate of origin. In this case, an entry is entered in column 5: "Issued instead of certificate form CT-2" or "Issued instead of certificate form CT-2" indicating the number and date of issue of the cancelled (reissued) certificate. A new registration number is assigned to a certificate of origin issued to replace another certificate.

     9. In case of movement of goods between the Parties that have not been processed (processed), with the exception of operations to ensure the safety of goods and their packaging, as well as preparation for sale and transportation, a substitute certificate of origin may be issued by the authorized body of the Party.

     A substitute certificate of origin is issued on the basis of a certificate of origin issued by the authorized body of the Party from whose territory the goods were imported into the territory of the other Party, and attests to the origin indicated in such certificate.

     In this case, an entry is entered in column 5 "Issued on the basis of certificate form CT-2" or "Issued on the basis of certificate form CT-2" indicating the number and date of the certificate of origin issued in the exporting Country, as well as the authorized body that issued such a certificate.

     10. A copy of the certificate of origin, as well as any related documents, including those submitted by the applicant, must be kept by the authorized body that issued the certificate of origin, as well as by the applicant for at least three (3) years from the date of issue of such certificate.

Article 13 Declaration of the origin of goods

     1. To confirm the origin of small batches of goods, the customs value of which does not exceed the equivalent of five thousand (5,000) euros, the presentation of a certificate of origin to the customs authority of the importing Party is not required to provide a free trade regime. In this case, a declaration of origin may be submitted, drawn up in accordance with the requirements set out in Annex II to these Rules.

     2. The period of application of the declaration of origin for the purpose of granting a free trade regime is limited to twelve (12) months from the date of its signing by the manufacturer, exporter or shipper.

     3. The actual weight of the delivered goods must not exceed the weight indicated in the declaration of origin by more than five (5) percent.

     4. If the customs authority of the importing Party identifies signs indicating that the information about the origin of the goods stated in the declaration of origin may be unreliable, the customs authority of the importing Party may require the presentation of a certificate of origin on paper.

     5. The manufacturer, exporter or shipper who has made a declaration of the origin of the goods in the declaration of origin of the goods is obliged, at the request of the verifying authority of the exporting Party, to provide all the documents and information necessary to confirm the origin of the goods in accordance with these Rules.

     6. A copy of the declaration of origin, as well as any related documents confirming the origin of the goods, shall be kept by the manufacturer, exporter or shipper for at least three (3) years from the date of signing such declaration of origin.

     7. The declaration of origin must be in hard copy and signed by a representative of the manufacturer, exporter or shipper of the goods, indicating his first and last name.

Article 14 Cases where documentary proof of origin is not required

     1. The presentation of a certificate of origin or a declaration of origin is not required to obtain a free trade regime for the import of originating goods, the customs value of which does not exceed the equivalent of two hundred (200) euros, provided that this delivery is not part of several shipments, which can reasonably be considered as a way to evade the presentation of a certificate of origin or a declaration of the origin of the goods.

     2. In the case of the development and implementation of an Electronic System of Certification and Verification of the origin of Goods (hereinafter referred to as the ESVP), specified in Article 17 of these Rules, the original certificate of origin on paper may not be provided during the customs declaration of goods. In this case, the date and number of such certificate of origin must be indicated in the customs declaration.

     3. If the customs authority of the importing Party has reasonable doubts about the origin of the goods in respect of which the free trade regime has been declared, and (or) inconsistencies are identified in the information contained in the ESA, or in the absence of relevant information in the ESA, the customs authority of the importing Party may require the presentation of the original certificate of origin on paper.

Article 15administrative cooperation

     1. Prior to the issuance of certificates of origin in accordance with these Rules, the Parties shall exchange through the Eurasian Economic Commission and the Ministry of Finance - the Customs Administration of the Republic of Serbia, respectively.:

     1) samples of forms of certificates of origin and additional sheets of certificates of origin (with information on the specifics of their protection);

     2) samples of stamps of authorized bodies (the samples must be original and clear to allow for their unambiguous identification for authenticity);

     3) information about the names and addresses of authorized bodies;

     4) information about the names and addresses of the verification authorities.

     2. Any changes regarding the samples and information specified in paragraph

     1 of this Article, must be notified in advance in the same manner to the Eurasian Economic Commission and the Ministry of Finance - Customs Administration of the Republic of Serbia.

     Such notification should contain information on the date on which the new seals of the authorized body of the Party are used, as well as explanations of which seals they will be used instead of or in addition to which previously sent seals.

     The exchange of information specified in paragraphs 1 and 2 of this article must be carried out in English or Russian.

     3. Without submitting the information specified in paragraphs 1 and 2 of this article, and (or) in the case of submitting information that does not meet the requirements provided for in paragraphs 1 and 2 of this Article, the free trade regime for imported goods is not provided.

     4. The customs authorities of the Parties shall carry out subsequent verification of certificates of origin and declarations of origin on a sample basis or if such customs authorities have reasonable doubts about the authenticity of these documents or the accuracy of the information contained therein.

5. In the cases specified in paragraph 4 of this Article, the customs authority of the importing Party has the right to apply to the verifying authority with a reasoned request to confirm the authenticity of the certificate of origin (declaration of origin) and (or) the accuracy of the information contained therein, as well as to provide additional or clarifying information, including on the fulfillment of the criterion the origin of the goods, and (or) copies of the documents on the basis of which the certificate was issued, including copies of commercial documents (records, invoices, contracts, etc.) issued by a third party.

     A copy of the verified certificate of origin (declaration of origin) is attached to the verification request.

     Verification request is made in English or Russian.

     The verification request shall specify the reasons for sending it and/or other additional information indicating which information in the certificate of origin (declaration of origin) may be unreliable, except in cases of verification based on selectivity.

     6. If the customs authority of the importing Party sends a request to the verification authority in accordance with paragraph 5 of this Article, verification must be carried out by the verification authority as soon as possible and information on its results sent to the customs authority that sent the request no later than six (6) months from the date of sending the request.

     In exceptional cases, the exporting Party may apply to the customs authority of the importing Party that sent the verification request with a reasoned request to extend the verification period by two (2) months. Such a request must be sent within the 6 months specified in the first paragraph of this paragraph.

     The verification results should clearly indicate whether the documents are authentic and whether specific goods can be considered as goods originating from the Party, as well as whether other requirements of these Rules are fulfilled.

     In the event of a decision to revoke the certificate of origin or invalidate the declaration of origin, the verifying authority of the exporting Party shall inform the customs authority of the importing Party of such decision as soon as possible.

     7. The customs authority of the importing Party must send a copy of the verification request to the verifying authority of the exporting Party by e-mail using the addresses received in accordance with the procedure specified in the third paragraph of this paragraph.

     The verifying authority of the exporting Party shall immediately confirm to the Customs authority of the importing Party, which has sent the verification request, the receipt of such a request received by e-mail.

     The Customs authorities and the verification authorities of the Parties exchange information on the method of interaction and the electronic addresses that will be used in the exchange of data within the framework of verification procedures in accordance with these Rules.

     8. If the verification results obtained do not allow us to establish the authenticity of certificates of origin (declarations of origin) and the accuracy of the information contained therein, as well as if additional or clarifying information has not been provided, including on the fulfillment of the criterion of origin of the goods, copies of documents, including on the basis of which A certificate of origin has been issued, and no free trade regime is provided.

Article 16 Exit inspection

     1. If the customs authority of the importing Party is not satisfied with the results of the verification specified in Article 15 of these Rules, such authority may, in exceptional cases, request the exporting Party to conduct an on-site inspection in order to examine the documents of the person being checked specified in Articles 12 and 13 of these Rules and (or) inspect the premises (territories) used in the manufacture of goods..

     2. An on-site inspection is carried out by an inspection team consisting of employees of the competent authorities of the importing and exporting Parties on the territory of the exporting Party in order to verify the conformity of the goods of the inspected person and (or) their production conditions with the requirements of these Rules for visiting the location of the inspected person and (or) premises (territories) used in the production of goods.

     For the purposes of the application of this article, the person being checked means the exporter and (or) the manufacturer of the goods of the exporting Party, whose goods are the subject of an on-site inspection.

     For the purposes of the application of this article, the subject of an on-site inspection means goods in respect of which an on-site inspection is requested and for which documents on the origin of the goods have been issued.

     The on-site inspection must be carried out in compliance with the legislation of the exporting Party.

     3. In order to conduct an on-site inspection, the customs authority of the importing Party must send a written request about its intention to conduct such an inspection (hereinafter referred to as the on-site inspection request) to the verifying authority of the exporting Party.

     4. The request for an on-site inspection must be reasonable, as complete as possible and include, among other things:

     1) the name of the customs authority of the importing Party that sent the request;

     2) the name of the person being checked;

     3) the subject of the proposed on-site inspection, including information about the goods and reasonable doubts related to their origin;

     4) preliminary information about the competent authorities, whose officials will participate in the on-site inspection;

     5) other additional information justifying the need for an on-site inspection.

     1. The verification authority of the exporting Party must, within sixty (60) days from the date of sending the request for on-site inspection, send a written response on consent or refusal to conduct on-site inspection.

     The exporting Party must obtain consent or refusal to conduct an on-site inspection from the person being checked within the specified time period. The person being checked should be informed that the refusal to conduct an on-site inspection is considered as the basis for refusing to grant a free trade regime for the relevant goods in the importing Party.

     2. In the event that the response referred to in paragraph 5 of this Article is not received within sixty (60) days from the date of sending the request referred to in paragraph 3 of this Article, or a refusal to conduct an on-site inspection is received, the importing Party that sent the request for an on-site inspection shall refuse to grant a free trade regime for previously imported goods. the goods for which an on-site inspection was requested.

     3. The on-site inspection must be initiated within sixty (60) days from the date of receipt of written consent and completed within a reasonable time, but not later than one hundred and fifty (150) days from the date of receipt of such written consent.

     4. The competent authorities of the exporting and importing Parties, as well as the person being checked, must provide the necessary assistance to the inspection team in conducting an on-site inspection.

     If, during an on-site inspection, obstacles are created by the person being checked or other persons of the Party being checked that make it impossible to conduct such an inspection, the importing Party has the right to refuse to grant a free trade regime for goods that are the subject of on-site inspection. This information should be indicated in the report on the results of the on-site inspection.

     5. During the on-site inspection, the inspection team has the right to request from the person being checked any documents and information, including accounting, related to the subject of the on-site inspection.

     6. The results of the on-site inspection are drawn up in English in the form of a report on the results of the on-site inspection.

     The report on the results of the on-site inspection should contain at least the following information:

     - the name of the competent authorities that conducted the on-site inspection, including the names, surnames and positions of the members of the inspection team;

     - name of the person being checked;

     - information about the goods that are the subject of verification;

     - the timing of the on-site inspection;

     - the grounds for conducting an on-site inspection, including a description of the initial doubts about the origin of the goods being checked, the details of the written consent to conduct an on-site inspection;

     - information about the premises and (or) territories where the inspection was carried out;

     - where applicable, a description of the actual manufacturing process in relation to the product being tested;

     - the results (conclusions) based on the results of the on-site inspection, clearly indicating the compliance or non-compliance of the goods being checked with the requirements of these Rules.

     11. The inspection team conducting an on-site inspection must, within two hundred (200) days from the date of receipt of written consent, send a report on the results of such inspection to the person being checked.

     12. The importing Party may, from the date of sending the request for an on-site inspection until the results of the on-site inspection are received (approval of the report on the results of the on-site inspection), temporarily suspend the provision of a free trade regime for goods similar to those that are the subject of an on-site inspection. In the event of such suspension, the release of these goods is carried out without granting tariff preferences in accordance with the requirements of the legislation of the importing Party.

     The free trade regime must be provided in accordance with the legislation of the importing Party on the basis of the results of an on-site inspection, indicating that the goods that are the subject of an on-site inspection meet the requirements of these Rules.

For the purposes of this paragraph, similar goods are goods classified by the same code of the harmonized system, having the same description as the goods that are the subject of an on-site inspection and produced by the same manufacturer or sold by the same exporter as the goods that are the subject of an on-site inspection.

     13. All costs of the inspection team related to the participation of representatives of the importing Party in the on-site inspection must be paid by the importing Party.

Article 17The development and implementation of an Electronic system of certification and verification of Origin

     1. The Parties will strive to implement the ESA no later than two years from the date of entry into force of this Agreement.

     2. The ESA is based on the organization of the exchange of information on the issued certificates of origin of goods between the authorized bodies and the customs authorities of the Parties. Such information exchange should provide an opportunity to:

     1) not to submit to the customs authority of the importing Party the original of the certificate of origin on paper during the customs declaration of goods in electronic form;

     2) to verify the authenticity and content of certificates of origin issued by the authorized body of the exporting Party to the customs authority of the importing Party.

     3. In order to develop and implement the ESA, the States of the Agreement will establish an expert working group.

     4. The rules for the implementation of information exchange within the framework of the ESA, including the technical conditions, are drawn up separately.

     Article 18 Requirements and procedure for filling out the certificate of origin

     1. The certificate of origin of the goods is issued and filled out in hard copy (except for the cases specified below) in English or Russian on a letterhead with a protective grid or a protective color field in A4 format (210 x 297 mm) with a density of at least 25 g/sq.m. m and made in a typographic way.

     2. The certificate of origin does not allow the use of facsimiles of signatures of persons, the presence of erasures, as well as corrections and (or) additions not certified by the authorized body.

     3. Corrections and (or) additions are made to the certificate of origin by crossing out erroneous information and overprinting or making corrected information by hand, which are certified by the seal of the authorized body that previously issued the certificate of origin.

     4. The certificate of origin of the goods is filled out in accordance with the following requirements:

     1) in column 1, "Consignor/exporter (name and address)"

     ("Shipper/exporter (name and address)") the name of the shipper (exporter), his full address and country are indicated. If the shipper and the exporter are different persons, it should be indicated that the shipper (name and address) is acting "on behalf" of the exporter (name and address). If the shipper (exporter) is an individual, his last name, first name, and address are indicated.

     2) in column 2, "Assignee/importer (name and address)"

     ("Consignee/importer (name and address)") the name of the consignee (importer), his full address and country are indicated. If the consignee and the importer are different persons, it should be indicated that the consignee (name and address) is acting "on behalf" of the importer (name and address). If the recipient (importer) is an individual, his last name, first name, and address are indicated.

     3) in column 3, "Means of transport and route (as far as known)" ("Means of transport and route (as far as it is known)") the means of transport and the route are indicated, as far as it is known.

     4) column 4 indicates the registration number of the certificate of origin, the Party that issued the certificate, and the Party for whom the certificate is intended. It is allowed to enter the registration number by hand or by affixing a stamp.

     5) in column 5 "For official use" ("For service marks"), the service marks of the competent authorities of the states of export, transit and (or) receipt of the goods are entered by hand or stamped, as well as, if necessary, the following entries: "Duplicate" or "Duplicate", "Issued instead of certificate form-2" or "Issued instead of the certificate of form CT-2", "Issued retrospectively" or "Issued subsequently", "Issued on the basis of certificate form CT-2" or "Issued based on the certificate of form CT-2", and other entries. Handwritten notes shall be certified in accordance with the procedure provided for in paragraph 3 of this article.

     6) column 6 "No." indicates the serial number of the product.

     7) column 7 "Number and kind of packages" ("Number of places and type of packaging") indicates the number of places and type of packaging of the goods.

     8) column 8 "Description of goods" ("Description of goods") indicates the commercial name of the goods and other information that allows for unambiguous identification of the goods relative to those declared for customs declaration purposes. If there is insufficient space to fill in column 8, it is allowed to use an additional sheet(s) of the certificate of origin (the form of the additional sheet of the certificate is provided in Appendix No. 1 to these Rules), filled in in accordance with the established procedure (certified with a signature, seal and having the same registration number as indicated in column 4 of the certificate of origin).

     9) in column 9 "Origin criterion" the following criteria of origin are specified:

     "R" - the product is fully manufactured on the Side;

     "Y" - the product has undergone sufficient processing (processing) on the Side, indicating the percentage of the cost of used materials of foreign origin in the value of the exported product (for example, "Y15%");

     "Rc" - the product is recognized as occurring in accordance with the cumulative principle.

     A separate origin criterion must be specified for each declared product in column 9 of the certificate of origin.;

     10) column 10 "Quantity of goods" ("Quantity of goods") indicates the gross weight of the goods (in kilograms) and (or) other quantitative characteristics of the goods.

     11) in column 11, "Number and date of invoice" the numbers and dates of all invoices (invoices) are indicated for goods for which a certificate of origin is issued.

     12) column 12 "Certification" ("Certificate") indicates the name and address of the authorized body, its seal and the date of issue of the certificate of origin (duplicate), as well as the signature, surname and first name (initials) of the person authorized to certify the certificate of origin (duplicate). It is allowed to enter the date, as well as the surname and first name (initials) of the authorized person by hand or by affixing a stamp.

     If the print contains information about the full name of the authorized body of the Party in Russian or English, additional indication of such information in this column is not mandatory.

     The seal must have a clear impression, allowing, if necessary, identification for authenticity.

     13) column 13 "Declaration by the applicant" ("Applicant's Declaration") indicates the country in which the goods were fully produced or underwent sufficient processing (a member state of the Eurasian Economic Union or the Republic of Serbia), the date of certification of information on the origin of the goods and the applicant's seal (if any), his signature, surname and initials. It is allowed to enter the date, as well as the surname and initials of the applicant by hand or by affixing a stamp.

     5. Filling in the certificate of origin on the reverse side of the form is not allowed.

Article 19 Transitional provisions

     Within one year after the entry into force of this Agreement, the authorized bodies have the right to apply the existing forms of certificates of origin ST-2, currently used by the Parties, other than the form set out in Annex No. I to these Rules, until they are fully used. Filling in such certificates of origin of goods is carried out taking into account the requirements established by Article 18 of these Rules.

APPENDIX I to the Rules for determining the origin of Goods

The form of the certificate of origin of goods in the form of ST-2, as well as an additional sheet to it I. The form of the certificate of origin of goods in the form of ST-2

Download

(in Russian)

1. Shipper/Exporter (name and address)

4. Certificate of Origin Form ST-2

2. Recipient/importer (name and address)

Issued in (country name)For submission to (country name)

3. Means of transport and route (as far as it is known)

5. For service marks

6. №

7. Quantity of seats and type of packaging

8. Product Description

9. Criterion of Origin

10. Quantity of goods

11. Invoice number and date

12. The authenticator is certified on the basis of the control carried out that the applicant's declaration corresponds to reality.

13. Declaration of the Applicant The undersigned declares that the above information is true, that all goods are fully produced or have undergone sufficient processing in (country name)and that they meet the requirements of origin established for such goods

Signature Date Stamp

Signature Date Stamp

(in English'

1. Consignor/exporter (name and address)

4. №Certificate of origin Form CT-2

2. Consignee/importer (name and address)

Issued in

(country)For submission to

(country)

3. Means of transport and route (as far as known)

5. For official use

6. №

7. Number and kind of packages

8.Descriptionof goods

9. Origin criterion

10.Quantity of goods

11. Number and date of invoice

12. The authenticator is certified on the basis of the control carried out that the applicant's declaration corresponds to reality.

13. Declaration of the Applicant The undersigned declares that the above information is true, that all goods are fully produced or have undergone sufficient processing in (country name)and that they meet the requirements of origin established for such goods

Signature Date Stamp

Signature Date Stamp

(in English'

1. Consignor/exporter (name and address)

4. №Certificate of origin Form CT-2

2. Consignee/importer (name and address)

Issued in

(country)For submission to

(country)

3. Means of transport and route (as far as known)

5. For official use

6. №

7. Number and kind of packages

8.Descriptionof goods

9. Origin criterion

10.Quantity of goods

11. Number and date of invoice

12. CertificationIt is hereby certified, on the basis of control carried out, that the declaration by the applicant is correct

13. Declaration by the applicantThe undersigned hereby declares that the above details are correct: that all goods were produced or underwent sufficient processing in

(country)and that they comply with the origin requirements specified for this goods

Signature Date Stamp

Signature Date Stamp

     II. The form of an additional sheet to the certificate of origin is form ST- 2

Download

(in Russian)

6.№

7.Number of seats and type of packaging

8. Product Description

9. Criterion of origin

10. Quantity of goods

11. Invoice number and date

     12. ID card

     It is hereby verified on the basis of the control carried out that the applicant's declaration corresponds to reality.

     Signature

     Print

     Date

     13. Applicant's declaration

     The undersigned declares that

     the above information is consistent with the fact that all goods are fully produced or have undergone sufficient processing (processing) in

     (name of the country)

     and that they meet the requirements of origin established for such goods

     Signature

     Date

     Print

Download

(in English'

6. 7. Number and № kind of packages

8. Descript ion of goods

9. Origin criterion

10. Quantity of goods

11. Number and date of invoice

12. CertificationIt is hereby certified, on the basis of control carried out, that the declaration by the applicant is correct

13. Declaration by the applicantThe undersigned hereby declares that the above details are correct: that all goods were produced or underwent sufficient processing in(country)and that they comply with the origin requirements specified for this goods

Signature Date Stamp

Signature Date Stamp

APPENDIX II to the Rules for determining the Origin of Goods

DECLARATION OF ORIGIN

     The declaration of origin is a statement about the country of origin of the goods made by the manufacturer, exporter or shipper in the form of the following entry in Russian or English.

     In Russian:

     The exporter <(1>> declares that the country of origin of the goods named in this document is <<2>>

     "z"

     Date, signature

     Notes:

     "1"-indicates the name of the exporter, manufacturer, or shipper of the goods according to the document used as the declaration of origin.

     "2" - indicates the name of the country of origin of the goods.

     "3" - the signature, surname, and first name of the exporter's representative, manufacturer, or shipper are indicated.

     In English:

     The exporter declares that the country of origin of goods

     covered by this document is <<2>>.

     "3"

     Date, Signature

     Notes:

     "1" - the name of the exporter, producer or consigner of goods in accordance with accompanying documents.

     "2" - the name of country of origin of goods.

     "3" - signature, surname, name of authorised person of exporter, producer or consignor.

APPENDIX 4k to the Agreement

PROVISIONS ON DETERMINING THE NORMAL VALUE IN ANTI-DUMPING INVESTIGATIONS

     The parties agreed on the following:

     In order to conduct anti-dumping investigations and any subsequent anti-dumping procedures, including revisions, no Party applies any methods for determining the normal value of similar goods intended for consumption in the domestic market of the exporting Party, partially or completely based on data from the surrogate country, in accordance with articLe 2.7 of the Anti-Dumping Agreement and (or) the second Additional Provision to Paragraph 1 of Article VI of GATT 1994, contained in Annex I to GATT 1994 (Notes and additional provisions).

     In order to conduct anti-dumping investigations and any subsequent anti-dumping actions, including revisions, no Party applies any methods that allow not to take into account or adjust data on the costs of exporters and (or) producers of similar goods intended for consumption in the domestic market of the exporting Party in cases where the investigating authority concludes that due to the peculiarities of the functioning of the markets of production factors:

     a) there is a "special market situation" in the market of a similar product; and (or)

     b) the costs recorded in the documents of the exporters and (or) producers of the goods under investigation do not sufficiently or reasonably reflect the costs associated with the production and sale of the goods under investigation, while the documents sufficiently correspond to and reproduce the costs that these exporters or producers actually incurred.

APPENDIX 5

to the Agreement

DISPUTE RESOLUTION

Article 1 Aims

     The purpose of this Annex is to establish an effective, efficient and transparent mechanism for resolving disputes arising under this Agreement with a view to reaching, where possible, a mutually acceptable solution.

Article 2 Definitions

     For the purposes of this Application:

     (a) "Arbitration Panel" means an Arbitration Panel formed in accordance with Article 8 of this Annex;

     (b) "Parties to the dispute" means the Party filing the complaint.

     (The plaintiff Party), and the Party against whom it is filed (the Defendant Party). Member States of the Eurasian Economic Union

     The Economic Union and the Eurasian Economic Union may act as Parties to the dispute jointly or individually. In the latter case, if the measure is adopted by a member State of the Eurasian Economic Union, the Party to the dispute must be such a member State of the Eurasian Economic Union, and if the measure is adopted by the Eurasian Economic Union, it must be a Party to the dispute.

     (c) "Claimant Party" means the complaining Party;

     (d) "Respondent Party" means the Party against whom the complaint is filed;

     (e) "Arbitrator" means a member of the Arbitration Panel established in accordance with article 8 of this Annex;

     (f) "Chairman" means the arbitrator who acts as Chairman of the Arbitration Panel;

     (g) "Assistant" means a person who, under the terms of the appointment of the arbitrator, conducts research or provides assistance to the arbitrator;

     h) "Days" means calendar days, including weekends and holidays.

Article 3 Scope of application

     Unless otherwise provided in this Agreement, the provisions of this Annex shall apply to any disputes between the Parties arising from the interpretation and/or application of the provisions of this Agreement, when either Party considers that the measure of the other Party is contrary to its obligation under the provisions of this Agreement, or that the other Party is not fulfilling its obligations under this Agreement. The agreement.

Article 4information interaction

     The distribution to the member States of the Eurasian Economic Union and the Eurasian Economic Union of any procedural document relating to any dispute arising under this Agreement cannot be considered a violation of the confidentiality provisions under this Agreement and/or the Marrakesh Agreement establishing the World Trade Organization of April 15, 1994.

Article 5consultations

     1. The parties to the dispute undertake to make every effort to resolve any dispute on any issue referred to in Article 3 of this annex through consultations with a view to reaching a mutually acceptable solution.

     2. A request for consultations shall be sent to the Respondent Party in writing through its contact point designated in accordance with Article 29 of this Agreement and shall include the grounds for its submission, including identifying any measures or other issues that are the subject of the dispute, as well as describing the factual and legal basis of the complaint. The Joint Committee should be informed of such a request.

     3. If a request for consultations has been sent in accordance with paragraph 2 of this Article, the Respondent Party must promptly respond to the request in writing within 10 (ten) days from the date of its receipt and enter into consultations in a spirit of good faith cooperation with the Claimant Party within thirty (30) days from the date of its receipt. the dates of receipt of the request to work out a mutually acceptable solution.

     4. Consultations on urgent matters, including perishable goods, shall be held within fifteen (15) days from the date of receipt of the request.

     5. The time limits specified in paragraphs 3 and 4 of this Article may be adjusted by agreement of the Parties to the dispute.

6. During the consultations, each Party to the dispute must provide sufficient factual information to ensure that the full procedure is established in which the current or proposed measure or any other situation may affect the implementation and application of this Agreement.

     7. Consultations, in particular, all disclosed information and all positions taken by the Parties to the dispute during the relevant proceedings, are confidential and do not infringe on the rights of any of the Parties to the dispute in any subsequent proceedings. The parties to the dispute should handle any confidential or proprietary information exchanged during consultations in the manner that the Party providing such information itself does.

     8. During consultations under this article, each Party to the dispute should ensure the participation of employees of their competent government authorities or other regulatory authorities with relevant knowledge/experience on the issue being the subject of consultations.

     9. Consultations shall take place, in the absence of any other agreement between the Parties to the dispute, on the territory of the Respondent Party. By agreement of the Parties to the dispute, negotiations may be conducted using any available technical means of communication.

Article 6 Mediation, reconciliation or mediation

     1. The Parties have the right to resort to mediation, conciliation or mediation at any stage of any dispute resolution procedure under this annex. Mediation, reconciliation or mediation can be initiated, terminated or cancelled by both Parties at any time.

     2. The proceedings involving mediation, conciliation and mediation procedures, and in particular the positions taken by the Parties to the dispute during such proceedings, are confidential and do not prejudice the rights of any of the Parties to the dispute in any further proceedings.

Article 7The request for the establishment of an Arbitration Panel

     1. The claimant Party that has submitted a request for consultations under Article 5 of this annex or mediation provided for in Article 6 of this annex may request in writing the establishment of an Arbitration Panel if:

     a) The respondent Party does not comply with the deadlines in accordance with paragraph 3 or 4 of Article 5 of this annex.;

     (b) The parties to the dispute jointly conclude that consultations under Article 5 of this annex have failed to resolve the dispute within sixty (60) days or in urgent cases, including with respect to perishable goods, within thirty (30) days from the date of receipt of the request for consultations referred to in paragraph 3 of Article 5 of this annex; or

     c) The respondent Party does not comply with the mutually acceptable decision reached during consultations, in accordance with Article 5 of this annex.

     2. A request for the establishment of an Arbitration Panel shall be sent in writing to the Respondent Party through its contact point designated in accordance with Article 29 of this Agreement, and the Joint Committee shall be notified of such request. The plaintiff party must identify in its request the specific measure that is the subject of the dispute and explain how such a measure violates the provisions provided for in this Agreement, in a manner that accurately reflects the factual and legal basis of the complaint. The respondent Party must immediately confirm receipt of the request by sending a notification to the Claimant Party indicating the date of receipt of the request, and the Joint Committee must be notified of receipt of such request.

     3. Unless the Parties to the dispute agree otherwise within twenty (20) days from the date of receipt of the request for the establishment of the Arbitration Panel, the powers of the Arbitration Panel are as follows:

     "To study, in the light of the relevant provisions of the Free Trade Agreement between the Eurasian Economic Union and its member States, on the one hand, and the Republic of Serbia, on the other hand, the issue mentioned in the request for the establishment of an Arbitration Panel in accordance with Article 7 of Annex 5 to this Agreement, to decide on the compliance of the considered measure with the provisions of referred to in Article 3 of Annex 5 to this Agreement, and establish the facts of the applicability of the relevant provisions, the main justification for any results and recommendations obtained and to draw up a report in accordance with Article 12 of Annex 5 to this Agreement."

     If the Parties to the dispute agree on other powers of the Arbitration Panel, they must bring such duties to the attention of the Arbitration Panel within the time limits set out in paragraph 3 of this Article.

     4. In urgent cases, including with respect to perishable goods, the Parties to the dispute should make every effort to speed up the process of establishing an Arbitration Panel to the maximum extent possible.

     Article 8 Formation and establishment of the Arbitration Panel

     1. The Arbitration Panel consists of three (3) arbitrators.

     2. Within thirty (30) days from the date of receipt of the request for

     Establishment of the Arbitration Panel by the Respondent Party, each Party to the dispute appoints an arbitrator.

     All arbitrators must:

     a) have knowledge and/or experience in the field of law, international trade, other areas covered by this Agreement, or in the field of dispute resolution arising from international trade agreements;

     b) be elected in strict compliance with the principles of objectivity, impartiality, integrity and common sense;

     c) be independent from any Party to the dispute, not be their

     affiliated companies or not to act in accordance with their

     instructions;

     d) to perform their duties in their personal capacity, not to follow the instructions of any organization or government, or not to be affiliated with the Government of any of the Parties to the dispute;

     (e) Disclose to the Parties to the dispute any information that may give rise to justifiable doubts about their independence or impartiality, including those relating to direct or indirect conflicts of interest in the matter under consideration.;

     (f) Be citizens of States having diplomatic relations with both the Republic of Serbia and the member States of the Eurasian Economic Union; and

     (g) Not to be in any way connected with the dispute in the past in one capacity or another, including in accordance with article 6 of this annex.

     3. Within fifteen (15) days of the appointment of the second arbitrator, the appointed arbitrators must, by mutual agreement, select a chairman of the Arbitration Panel who cannot meet any of the criteria listed below to challenge him.:

     a) having the status of a citizen of a member State of the Eurasian Economic Union or the Republic of Serbia; or

     b) the presence of a permanent place of residence in the territory of a member State of the Eurasian Economic Union or the Republic of Serbia.

     4. In case the necessary appointments are not completed on time,

     Referred to in paragraph 2 of this Article, any Party to the dispute may, in the absence of any other agreement between the Parties to the dispute, invite the President of the International Court of Justice (hereinafter referred to as the "International Court of Justice") to act as the appointing person. If the President of the International Court of Justice is a citizen of a member State of the Eurasian Economic Union or the Republic of Serbia, or is unable to perform his function as an appointing person, a request for the necessary appointments is sent.

     the Vice-President of the International Court of Justice or an official following him in order of protocol seniority, who is not a citizen of a member State of the Eurasian Economic Union or the Republic of Serbia and is able to perform the function of appointing person.

     5. If the arbitrator appointed under this article resigns or is unable to perform his duties during the dispute resolution procedure, the arbitrator's legal successor shall be appointed within fifteen (15) days in accordance with the procedure established by paragraph 2 of this article, while the legal successor shall be given full powers and assigned all the duties of the initially appointed arbitrator. Any time limits applicable in the course of the proceedings shall be suspended from the date on which the arbitrator resigns or is unable to perform his duties until the date on which the person replacing such arbitrator is selected.

     6. The date of establishment of the Arbitration Panel is the date on which the Chairman of the Arbitration Panel accepts his appointment.

Article 9 Functions of the Arbitration Panel

     1. The Arbitration Panel established pursuant to Article 8 of this annex shall have the following functions:

     a) provides an objective assessment of the issue raised for its consideration, including an objective assessment of the facts of the case, the applicability of the provisions of this Agreement referred to by the Parties to the dispute, and whether the respondent has failed to comply with its obligations under this Agreement.;

     b) sets out in its decisions and reports the established facts, the main rationale for any results obtained and the decisions necessary to resolve the dispute submitted to it, in a manner determined at its sole discretion;

     (c) Consults with the Parties to the dispute on a regular basis and provides adequate opportunities to work out a mutually acceptable solution to the dispute;

     d) at the request of the Party to the dispute, determine the compliance of any measures taken and/or suspension of benefits through its final report.

     2. The arbitration Panel established under this annex shall interpret the provisions of this Agreement in accordance with generally accepted standards of interpretation of public international law. The reports and rulings of the Arbitration Panel may not supplement or infringe on the rights and obligations of the Parties provided for in the provisions mentioned in this Agreement.

Article 10 Procedure of the Arbitration Panel

     1. Meetings of the Arbitration Panel shall be held in accordance with the provisions of this article.

     2. Subject to paragraph 1 of this Article, the Arbitration Panel should regulate its own rules and procedures regarding the rights of the Parties to the dispute to be heard and its own discussions, when agreed upon with the Parties to the dispute. At the request of the Parties to the dispute or on its own initiative, the Arbitration Panel may, after agreement with the Parties to the dispute, adopt additional rules and procedures that do not contradict the provisions of this article.

     3. After agreement with the Parties to the dispute, the Arbitration Panel must, within ten (10) days after its establishment, determine the schedule of meetings of the Arbitration Panel. In urgent cases, including those involving perishable goods that are rapidly losing their consumer value, the Arbitration Panel and the Parties should make every effort to expedite the proceedings to the maximum extent possible. The schedule should include the exact dates for the Parties to the dispute to submit written documents. The Arbitration Panel has the right to make amendments to such a schedule upon agreement with the Parties to the dispute.

     4. At the request of a Party to the dispute or on its own initiative, the Arbitration Panel may, at its sole discretion, seek information and/or receive advice on any scientific or technical issue from any person or body as it deems necessary. Before the Arbitration Panel searches for such information and/or receives such advice, it must inform the Parties to the dispute about this. Any information and/or conclusions obtained in this manner should be submitted to the Parties to the dispute for their comments. If the Arbitration Panel takes into account the information and/or the results of consultations when preparing its report, it is also obliged to take into account any comments of the Parties to the dispute on such information and/or the results of consultations. The information and/or the results of the consultations do not entail any legal obligations.

     5. The Arbitration Panel should make every effort to draft the text of its procedural decisions, results and rulings based on consensus, provided that if the Arbitration Panel fails to reach consensus, such procedural decisions, results and rulings may be adopted by a majority vote. The Arbitration Panel should announce the different opinions of the arbitrators on issues that were not resolved unanimously in its report, without disclosing the identity of the arbitrators who appeared in the majority or minority.

     6. Meetings of the Arbitration Panel should not be accessible to the public unless the Parties to the dispute agree otherwise.

     7. The parties to the dispute should be given the opportunity to be present during any speeches, statements or rebuttals in the proceedings. Any information or written submissions made by a Party to the dispute to the Arbitration Panel, including any comments on the narrative of the initial report and answers to questions posed by the Arbitration Panel, should be submitted to the other Party to the dispute.

     8. The discussions of the Arbitration Panel and the documents submitted by it must be kept confidential. In order to conduct internal discussions, the Arbitration Panel should meet in closed meetings attended only by arbitrators. The Arbitration Panel may also allow its assistants to attend its meetings. The parties to the dispute may attend meetings only when they are invited to such meetings by the Arbitration Panel.

     9. Nothing in this Annex can prevent a Party to the dispute from making public its position on the issue under consideration. The Party to the dispute must keep confidential the information provided by the other Party to the dispute to the Arbitration Panel, which such other Party to the dispute has designated as confidential. The Party to the dispute must also, at the request of the other Party, provide a non-confidential summary of the information contained in the written documents, which may be disclosed to the public.

     10. The venue of the hearing is determined by mutual agreement of the Parties to the dispute. In the absence of an agreement, the hearings should be held alternately in the capitals of the Parties to the dispute, while the first hearing should be held in the capital of the Respondent Party. If the Eurasian Economic Union acts as a Party to the dispute in accordance with the provisions of this Annex, the relevant hearings, held in alternating locations, shall be held in Moscow, Russian Federation.

Article 11The suspension and termination of proceedings

     1. Upon the joint request of the Parties to the dispute, the Arbitration Panel must suspend its work for any period of time for a period not exceeding twelve (12) consecutive months from the date of receipt of such joint request. In this case, the Parties to the dispute undertake to jointly notify the Chairman of the Arbitration Panel in writing, and the Joint Committee must be informed of such notification. During this period, any Party to the dispute may authorize the Arbitration Panel to resume its work by sending a written notification to the Chairman of the Arbitration Panel and the other Party to the dispute. If the work of the Arbitration Panel has been suspended for more than twelve (12) consecutive months, the right to establish an Arbitration Panel ceases to be valid (and the dispute settlement procedure ends), unless the Parties to the dispute agree otherwise. In case of suspension of the panel's operation, the relevant deadlines set out in this annex are extended for the period of suspension of its operation.

     2. The work of the Arbitration Panel shall be terminated at the joint request of the Parties to the dispute at any time period prior to the submission of the final report of the Arbitration Panel. In this case, the Parties to the dispute undertake to jointly notify the Chairman of the Arbitration Panel, and the Joint Committee must be informed of such notification.

Article 12 Reports of the Arbitration Panel

     1. The reports of the Arbitration Panel shall be drawn up in the absence of the Parties to the dispute and shall be based on the relevant provisions of this Agreement, the documents submitted to it and the arguments of the Parties to the dispute, as well as on any information and/or consultations provided by such Panel in accordance with paragraph 4 of Article 10 of this annex.

     2. The Arbitration Panel must submit its initial report within ninety (90) or sixty (60) days, in urgent cases, including those involving perishable goods, from the date of establishment of the Arbitration Panel. The initial report should contain, among other things, a descriptive part, as well as facts established by the Arbitration Panel, information on the applicability of the relevant provisions, the main justification for any data obtained, the panel's recommendations and conclusions.

     3. In exceptional circumstances, when the Arbitration Panel concludes that it will not be able to submit its initial report within the time period specified in paragraph 2 of this article, the Chairman of the Arbitration Panel must notify the Parties to the dispute in writing of the reasons for the delay and the expected deadline for submitting its initial report, and the Joint Committee must be informed of such notification. Any delay may not exceed a period of thirty (30) days, unless otherwise agreed by the Parties to the dispute.

     4. Any Party to the dispute has the right to submit its written comments on the initial report of the Arbitration Panel within fifteen (15) days from the date of its receipt, unless otherwise agreed by the Parties to the dispute. Such written comments may, in turn, be commented on by the other Party to the dispute within six 6 days of their receipt by that Party. If no comments have been received from either Party, the initial report should be considered as the final report.

     5. After reviewing any written comments submitted by the Parties to the dispute on the initial report and conducting any additional investigations, the Arbitration Panel must submit its final report containing the dispute resolution and the original decision to the Parties to the dispute within thirty (30) days of the submission of the initial report, unless the Parties to the dispute agree otherwise. In urgent cases, including with respect to perishable goods, the Arbitration Panel must make every effort to submit its final report within fifteen (15) days of the submission of the initial report, unless the Parties to the dispute agree otherwise.

     6. If the Arbitration Panel concludes that the deadline cannot be met, the Chairman of the Arbitration Panel must notify the Parties in writing, indicating the reasons for the delay and the date on which the Arbitration Panel plans to submit its final report. The Arbitration Panel must, in all circumstances, submit its final report no later than one hundred and fifty (150) days or eighty (80) days in urgent cases, including those involving perishable goods, from the date of establishment of the Arbitration Panel.

     7. If, in its final report, the Arbitration Panel determines that the Respondent Party's measure does not comply with this Agreement, the Respondent Party must include the facts established by the panel and a ruling recommending the elimination of the discrepancy.

     8. The Parties to the dispute must make publicly available the final report of the Arbitration Panel within fifteen (15) days from the date of its receipt, subject to the protection of confidential information, if none of the Parties to the dispute objects. In this case, the final report must also be submitted to all Parties to this Agreement seven (7) days after the submission of the report to the Parties to the dispute.

9. The panel's decisions and reports should be unconditionally recognized by the Parties. The decision of the Arbitration Panel is not subject to appeal. The Arbitration Panel does not create any rights or obligations with respect to individuals or legal entities.

Article 13 Request for clarification

     1. Within ten (10) days of receiving the final report, the Party to the dispute has the right to send a written request to the Arbitration Panel to clarify any conclusions or recommendations contained in the final report that the Party considers ambiguous. The Arbitration Panel must respond to the request within ten (10) days of receiving such request.

     2. The sending of a request pursuant to paragraph 1 of this article shall not affect the time limits referred to in articles 14 and 17 of this annex, in the absence of a different decision by the Arbitration Panel.

Article 14 Enforcement of the resolution

     1. The parties to the dispute must take all necessary measures to comply with the decision of the Arbitration Panel without undue delay.

     2. Within thirty (30) days of receiving the final report of the Arbitration Panel, the Respondent Party must notify the claimant party of the following:

     (a) The measures it intends to take in order to comply with the obligations set out in paragraph 1 of this article; and

     b) the time required to comply with the final decision of the Arbitration Panel.

     The Joint Committee should be informed of the notification there.

Article 15 Reasonable time period

     1. If it is not possible to comply with the Arbitration Panel's decision immediately, the Parties to the dispute should make efforts to agree on a reasonable period of time for the execution of the final report of the Arbitration Panel.

     2. If the Parties to the dispute fail to reach an agreement within a reasonable period of time in accordance with paragraph 2 (b) of Article 14 of this annex, any Party to the dispute may request in writing the originally established Arbitration Panel to determine the duration of a reasonable period of time to comply with the ruling. Such a request must be simultaneously communicated to the other Party to the dispute, and the Joint Committee must be informed of its referral. The Arbitration Panel must submit its decision containing a determination of the duration of a reasonable period of time and the grounds for such determination to the Parties to the dispute within thirty (30) days from the date of receipt of the relevant request.

     3. If the Arbitration Panel concludes that it will not be able to determine the length of a reasonable period of time within the time limits set out in paragraph 2 of this article, it shall inform the Parties to the dispute in writing of the reasons for the delay, together with the estimated time required to make such a decision. Any delay must not exceed thirty (30) days, unless the Parties to the dispute agree otherwise.

     4. The parties to the dispute may at any time continue to seek a solution satisfactory to both parties for the execution of the final report of the Arbitration Panel.

     5. The respondent Party must notify the Claimant Party in writing of any measures taken to eliminate non-compliance with its obligations under this Agreement and comply with the Arbitration Panel's order at least thirty (30) days before the expiration of a reasonable period of time. The Joint Committee should be informed of such notification.

     6. The parties to the dispute may agree on an extension of a reasonable period of time.

Article 16 Compliance review

     1. In the event of disagreement between the Parties to the dispute regarding the compliance of any measure taken to comply with the final report of the Arbitration Panel, as soon as possible or within a reasonable period of time determined in accordance with Article 15 of this annex, the Claimant Party has the right to request a written decision on the matter from the originally established Arbitration Panel.

     2. A request pursuant to paragraph 1 of this article may be sent to the Arbitration Panel only after the earlier of the following dates:

     (a) The expiration date of a reasonable period of time determined in accordance with article 15 of this annex; or

     (b) The date on which the Respondent Party notified the Claimant Party of its compliance with the obligation under paragraph 1 of Article 14 of this annex, including a description of the measures taken by the Respondent Party to comply with such obligation.

     The request should identify the specific measure that is the subject of the dispute and explain how such a measure violates the provisions provided for in this Agreement, in a manner that accurately reflects the legal basis of the complaint.

     3. The Arbitration Panel must conduct an objective assessment of the issue submitted for its consideration, including an objective assessment:

     (a) The factual aspects of any implementing action taken by the respondent Party; and

     (b) Compliance by the Respondent Party with its obligations under paragraph 1 of Article 14 of this annex.

     4. The Arbitration Panel must submit its decision to the Parties to the dispute within thirty (30) days from the date of receipt of the request pursuant to paragraph 1 of this Article. The report should contain the decision of the Arbitration Panel and the grounds for such a decision.

     5. If the Arbitration Panel concludes that it will not be able to submit a report within the time limits set out in paragraph 4 of this article, it must inform the Parties to the dispute in writing of the reasons for the delay, together with the estimated time required for the submission of such a report. Any delay may not exceed thirty (30) days, unless otherwise agreed by the Parties to the dispute.

     6. In case of unavailability of any of the arbitrators from the initially established Arbitration Panel, the procedures described in article 8 of this annex shall apply.

Article 17 Interim measures in case of non-compliance

     1. If the respondent Party does not comply with the decision of the Arbitration Panel as soon as possible or within a reasonable period of time determined in accordance with Article 15 of this annex, or:

     (a) Does not send notification of any compliance measure within the time limits specified in article 14 of this annex or before the expiration date of a reasonable period of time;

     b) notifies the Claimant Party that it does not plan to comply with the Arbitration Panel's ruling; and/or

     (c) If the originally established Arbitration Panel concludes that the Respondent Party has failed to comply with the Arbitration Panel's order in accordance with article 14 of this annex, the Respondent Party shall, at the request of the Claimant Party, enter into consultations with a view to agreeing on a mutually acceptable interim compensation. If such an agreement is not reached within twenty (20) days from the date of receipt of the request, the Claimant Party has the right, after written notification to the Respondent Party, to suspend the concessions or other benefits provided in accordance with this Agreement in the interests of the Respondent Party, but only equivalent to the measure that the Arbitration Panel found inconsistent with this Agreement. Such notification shall be sent at least thirty (30) days prior to the effective date of such suspension. The Joint Committee should be informed of such notification.

     2. When choosing which assignments to suspend, the claimant Party should first consider suspending the concessions or other obligations provided under this Agreement in the same sector or sectors that are affected by an action deemed by the Arbitration Panel to be inconsistent with this Agreement. If the claimant Party believes that the suspension of the concessions or other obligations provided under this Agreement is impracticable or ineffective in the specified sector or sectors, it has the right to suspend the concessions or other obligations provided under this Agreement in other sectors.

     3. Within fifteen (15) days from the date of receipt of such notification, the Respondent Party has the right to request the Arbitration Panel initially established to decide on the equivalence of the concessions or other benefits provided under this Agreement that the Claimant Party intends to suspend, to the extent deemed inconsistent with this Agreement, and the compliance of the proposed suspension with paragraphs 1 and 2 of this articles. The decision of the Arbitration Panel must be submitted within thirty (30) days from the date of receipt of the relevant request and is unconditionally recognized by the Parties. Benefits are not subject to suspension until the Arbitration Panel submits its decision.

     4. The suspension of assignments or other obligations provided under this Agreement is applied on a temporary basis and is used by the claimant Party only until:

     a) any measure taken to comply with the final report of the Arbitration Panel and found to be inconsistent with the provisions included in this Agreement shall not be withdrawn or modified in order to ensure compliance by the Respondent Party with such provisions.;

     (b) The Arbitration Panel does not conclude that the enforcement measure is consistent with the award and the provisions of this Agreement; or

     c) The parties will not settle the dispute in any other way or come to a mutually acceptable solution.

5. At the request of the Party to the dispute, the originally established Arbitration Panel must decide on the compliance with its final report of any implementation measures taken after the suspension of concessions or other obligations provided under this Agreement, and in the light of such rulings, on the need to cancel or modify the suspension of benefits. The decisions of the Arbitration Panel are accepted within thirty (30) days from the date of receipt of the specified request.

Article 18 General provisions

     All notifications, requests and responses sent in accordance with this appendix are in writing.

     Article 19 Mutually acceptable solution

     1 . The parties to the dispute may reach a mutually acceptable solution at any time regarding any dispute provided for in Article 3 of this annex.

     2 . If a mutually acceptable solution is reached during the Arbitration Panel's consideration of the dispute or as part of the mediation procedure, the Parties to the dispute undertake to jointly bring such a decision to the attention of the Chairman of the Arbitration Panel or the mediator, respectively, and the Joint Committee should be informed of such notification. After such notification is sent, the Arbitration Panel is dissolved and the mediation procedure is terminated.

     3. Each Party must take the necessary measures to implement a mutually acceptable solution within the agreed time frame.

     4. No later than the expiration of the agreed period, the Party implementing the decision must notify the other Party in writing of any measure taken by it to implement a mutually acceptable solution.

Article 20country

     All deadlines set out in this Appendix are calculated in calendar days from the date (receipt of the notification, notification, message or proposal) after the action or fact to which they relate, in the absence of indications to the contrary. If the last day of such period falls on an official holiday or non-working day in the State of the addressee Party, the period is extended until the first working day following such day. Official holidays or non-working days that occur during any period of time are included in the calculation of such period.

     Any time period specified in this annex may be changed by mutual agreement of the Parties to the dispute.

     The Arbitration Panel may at any time propose to the Parties to amend the time limit referred to in this annex, indicating the grounds for such a proposal.

     Article 21 Remuneration and expenses

     1. Unless otherwise agreed by the Parties to the dispute:

     (a) Each Party to the dispute shall bear all costs of the arbitrator appointed by it, its own costs and court costs arising from participation in the Arbitration Panel or mediation proceedings;

     (b) The expenses of the Chairman of the Arbitration Panel, the mediator and other expenses related to the proceedings of the Arbitration Panel shall be distributed equally among the Parties to the dispute.

     2. At the request of the Party to the dispute, the Arbitration Panel may decide on the allocation of costs referred to in subparagraph (B) of paragraph 1 of this Article, taking into account the specific circumstances of the case.

Article 22 Language

     1. All proceedings under this annex are conducted and compiled in English.

     2. Any document submitted for use in the proceedings under this annex shall be drawn up in English. If the original of any document is written in a language other than English, the Party to the dispute submitting such document must provide a translation of such document into English.

President    

Republic of Kazakhstan     

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