Статья 11«Протокол между Федеральной службой по ветеринарному и фитосанитарному надзору (Российская Федерация) и Главным таможенным управлением Китайской Народной Республики о требованиях к проведению инспекции и карантина и ветеринарно-санитарных требованиях к рыбной продукции дикого промысла, экспортируемой из Российской Федерации в Китайскую Народную Республик» [рус., англ.]

Настоящий Протокол вступает в силу с даты его подписания и действует в течение пяти лет. По истечении этого срока настоящий Протокол автоматически продлевается на последующие пятилетние периоды, если ни одна из Сторон не уведомит в письменном виде другую Сторону о своем намерении прекратить его действие за шесть месяцев до истечения соответствующего периода.

Совершено в г. Санкт-Петербурге 26 сентября 2023 г. в двух экземплярах, каждый на русском, китайском и английском языках. При этом все тексты имеют одинаковую силу. В случае разночтений используется на английском языке.

The Federal Service for Veterinary and Phytosanitary Surveillance (the Russian Federation) (hereinafter — «the Russian Party») and the General Administration of Customs of the People's Republic of China (hereinafter — «the Chinese Party»), hereinafter referred to as «the Parties»,

for the purpose of safe trade in wild aquatic products, as well as for ensuring food safety of the countries of the Parties,

have agreed as follows:

For the purposes of this Protocol, wild aquatic products (also called «fish and sea products» by the Russian Party) shall mean products manufactured from caught aquatic biological resources, which are suitable for human consumption, namely wild fish, aquatic invertebrates, aquatic mammals, algae, other aquatic animals and plants, with the exception of species specified in the Appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora dated March 3, 1973, or in the list of wildlife under special state protection in the People's Republic of China, as well as live aquatic animals and aquatic animal breeding material.

The Russian Party shall be responsible for inspection and quarantine of wild aquatic products exported from the Russian Federation to the People's Republic of China in accordance with the laws and regulations of the People's Republic of China, as well as for issuance of veterinary certificates of the form approved by both Parties.

The Russian Party shall provide the Chinese Party with information on the laws and regulations of its country on quality, safety and sanitary control during harvesting (catching) of aquatic biological resources, production, processing, storage, transportation, transit and export of wild aquatic products exported from the Russian Federation to the People's Republic of China, as well as on epizootic control, inspection and quarantine procedures, laboratory test methods and standards.

The Russian Party shall annually submit to the Chinese Party an approved plan for wild aquatic products monitoring for residues of chemicals, pollutants, pathogenic microorganisms, epizootic safety, as well as a summary report for the previous year. Upon the request of the Chinese Party, the Russian Party shall also submit monitoring reports on radioactive substances and environmental pollutants in the Russian Federation.

Upon the request of the Chinese Party, the Russian Party shall provide information on inspection of enterprises engaged in the manufacturing of fish products exported from the Russian Federation to the People's Republic of China. In case of a pandemic of severe infectious human diseases, the Russian Party shall timely notify the Chinese Party of their detection in employees of the enterprises engaged in the manufacturing of fish products exported from the Russian Federation to the People's Republic of China.

The Russian Party shall guarantee the compliance of the enterprises engaged in the manufacturing of wild aquatic products exported from the Russian Federation to the People's Republic of China (including processing enterprises, fishing vessels, carrier vessels, factory ships and autonomous cold warehouses) with the laws and regulations of the countries of the Parties regarding veterinary and sanitary requirements. The Russian Party shall approve and supervise the enterprises producing wild aquatic products.

In accordance with the Food Safety Law of the People's Republic of China and Regulations on the Implementation of the Law of the People's Republic of China on Entry and Exit Animal and Plant Quarantine, the enterprises producing wild aquatic products to be exported to China shall be recommend by the Russian Party to the Chinese Party. Otherwise, the enterprises shall be prohibited from exporting wild aquatic products from the Russian Federation to the People's Republic of China without registration.

The Russian Party shall ensure that wild aquatic products exported from the Russian Federation to the People's Republic of China comply with the following conditions:

1. aquatic biological resources are legally harvested (caught) in the internal waters, the territorial sea, the exclusive economic zone and on the continental shelf of the Russian Federation, in the convention areas and in the high seas;

2. raw materials and fish products are not subject to the provisions of Article 8 of this Protocol;

3. no drugs or additives prohibited for use in the Russian Federation and the People's Republic of China shall, directly or indirectly, be used in production of fish products; drugs or additives authorized for use or having limited use in production of fish products in the People's Republic of China, may be used, if indicated and prescribed by a veterinarian; no pathogenic microorganisms, toxic and harmful substances or impurities specified in the laws and regulations and state food safety standards of the People's Republic of China are detected in fish products under quarantine and during the inspection;

4. all wild aquatic products quarantined and inspected by the Russian Party shall be safe and suitable for human consumption, shall be free from any signs of infectious and parasitic diseases, pathological changes, signs of aquatic animal diseases included into the List of Quarantine Diseases of Aquatic Biological Resources imported into the People's Republic of China, and free from diseases that shall be notified to the World Organisation for Animal Health (WOAH) according to the relevant requirements;

5. harvesting (catching) of aquatic biological resources, processing, packaging, storage, transportation, and transit until export of wild aquatic products shall meet relevant veterinary and sanitary requirements of the Russian Federation and the People's Republic of China for traceability and they shall meet veterinary (veterinary and sanitary) requirements and safety requirements of the Russian Federation and the People's Republic of China for cold chain food products.

The Russian Party shall ensure that the wild aquatic products exported from the Russian Federation to the People's Republic of China have individual consumer packaging (with the exception of products intended for further processing) and outer packaging; and shall be packed with the use of new materials that meet legal requirements of the Russian Federation and the People's Republic of China for food packaging and prevent contamination.

The individual consumer and outer packaging shall have a label in Chinese and English indicating: trade and scientific name, technical specifications, date of manufacture, best before date, batch number, storage conditions, production method (catching), country of origin, production area (region), name of the fish products manufacturing enterprise and its registration number, and destination (specify «the People's Republic of China»).

As for pre-packaged wild aquatic products exported from the Russian Federation to the People's Republic of China, the applied label in Chinese shall comply with the label requirements of pre-packaged food of the Chinese Party.

Each batch of the wild aquatic products exported from the Russian Federation to the People's Republic of China shall be accompanied with at least one original veterinary certificate attesting compliance of the wild aquatic products in this consignment with laws and regulations of the Russian Federation and the People's Republic of China in respect of veterinary, sanitary and hygienic requirements, as well as with the provisions of this Protocol.

The Russian Party shall specify in the veterinary certificate the full information about the fish products manufacturing enterprises involved in the entire process from harvesting (catching) of the aquatic biological resources, processing, packaging, storage, transportation, transit and export of fish products, including the name and registration number of the processing enterprises, fishing vessels, carrier vessels, factory ships and autonomous cold warehouses.

The certificate shall be issued in Russian, Chinese, and English (English version is compulsory when filling out the Certificate). The certificate form shall be agreed by both Parties in advance. The Russian Party shall timely provide the Chinese Party with the veterinary certificate form, samples of seal imprints, and samples of signatures of official veterinarians. In the event of any changes in the certificate, the Russian Party shall notify the Chinese Party at least one month prior to making the corresponding changes.

The Russian Party shall immediately stop the export of wild aquatic products to the People's Republic of China from the relevant wild aquatic products manufacturing enterprises, regions and up to the territory of the whole country, recall products non-compliant with the requirements of the People's Republic of China and products bearing potential risk, notify and provide the Chinese Party with detailed information on the investigation of the incidents, corrective measures and subsequent control measures taken in the event of the following situations:

• occurrence in the Russian Federation of any aquatic animal diseases included in the List of quarantine diseases of aquatic biological resources imported to the People's Republic of China and diseases subject to notification in accordance with the requirements of the World Organisation for Animal Health (WOAH), which have infected or may infect wild aquatic products exported to the People's Republic of China,
• occurrence in the Russian Federation of a major incident related to food safety, which has already affected or may affect the wild aquatic products exported from the Russian Federation to the People's Republic of China,
• wild aquatic products exported from the Russian Federation to the People's Republic of China do not comply with the laws and regulations of the

Russian Federation and the People's Republic of China and the provisions of this Protocol,

• occurrence of any pandemic-like incident at wild aquatic products manufacturing enterprises, for example, infection of employees with severe infectious diseases due to which the wild aquatic products exported from the Russian Federation to the People's Republic of China as well as the packaging and the transport means are already contaminated or may be contaminated, in case it was established that the disease could possibly be transmitted with contaminated products or packaging.
• The catching area is affected by contaminants, such as radioactive contamination, which has contaminated or may contaminate the wild aquatic products exported to China.

After elimination of the corresponding risks, in order to resume the export of wild aquatic products from the Russian Federation to the People's Republic of China, the Parties shall hold negotiations. After the Chinese Party confirms that these risks have been eliminated or reduced to a controlled range, the export of wild aquatic products from the Russian Federation to the People's Republic of China may be resumed.

The Chinese Party shall perform inspection and quarantine of the wild aquatic products exported to the People's Republic of China upon their import. With regard to the wild aquatic products not compliant with the requirements of the laws and regulations of the People's Republic of China, the Chinese Party may return, destroy or take other measures in accordance with laws and regulations. With regard to wild aquatic products manufacturing enterprises that are non-compliant with the requirements of the laws and regulations of the People's Republic of China or have repeatedly failed to comply with these requirements, the Chinese Party may take measures such as enhanced inspections and quarantines or import ban.

The both Parties shall establish an effective mechanism for information exchange, cooperate, jointly consider and resolve any disputes, as well as timely take corrective and preventive measures to ensure compliance of the fish products exported from the Russian Federation to the People's Republic of China with the requirements of the laws and regulations of the People's Republic of China.

The Russian Party shall guarantee continuous effectiveness of the safety management system for wild aquatic products exported from the Russian Federation to the People's Republic of China and compliance with the requirements of the relevant laws and regulations of the People's Republic of China.

Where necessary, the Chinese Party may send experts to the Russian Federation to conduct on-site inspections or remote video inspections in order to assess and verify the safety management system in place for the wild aquatic products exported from the Russian Federation to the People's Republic of China and the procedure for their implementation. The Russian Party shall provide the necessary assistance.

This Protocol shall come into effect on the date of its signing and shall remain in force for five years. Upon expiration of this period, this Protocol shall be automatically extended for five-year periods unless either Party notifies the other Party in writing of its intention to terminate it six months before the expiration of the corresponding period.

Done in the city of St. Petersburg on September 26, 2023 in two copies, each in Chinese, Russian and English. The texts shall have equal force. In case of any discrepancies, the text in English shall be used.

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