Решение № 80 Совета Евразийской экономической комиссии

«О проекте решения Высшего Евразийского экономического совета „О вопросах подписания Временного торгового соглашения между Евразийским экономическим союзом и его государствами-членами, с одной стороны, и Монголией, с другой стороны“»

(Вместе с проектом «Соглашения...» [англ.])

(Принято в г. Ереване 24.09.2024)

Совет Евразийской экономической комиссии решил:

1. Одобрить проект решения Высшего Евразийского экономического совета «О вопросах подписания Временного торгового соглашения между Евразийским экономическим союзом и его государствами-членами, с одной стороны, и Монголией, с другой стороны» (прилагается), имея в виду целесообразность внесения его для подписания Высшим Евразийским экономическим советом путем заочного голосования в установленном порядке.

2. Настоящее Решение вступает в силу по истечении 10 календарных дней с даты его официального опубликования.

Члены Совета Евразийской экономической комиссии:

ВЫСШИЙ ЕВРАЗИЙСКИЙ ЭКОНОМИЧЕСКИЙ СОВЕТ

Руководствуясь абзацем первым пункта 2 статьи 7 Договора о Евразийском экономическом союзе от 29 мая 2014 года, статьей 10 Соглашения о международных договорах Евразийского экономического союза с третьими государствами, международными организациями или международными интеграционными объединениями от 14 мая 2018 года и пунктом 6 Положения о Евразийской экономической комиссии (приложение № 1 к Договору о Евразийском экономическом союзе от 29 мая 2014 года), Высший Евразийский экономический совет решил:

1. Одобрить проект Временного торгового соглашения между Евразийским экономическим союзом и его государствами-членами, с одной стороны, и Монголией, с другой стороны (прилагается).

2. Председателю Коллегии Евразийской экономической комиссии Сагинтаеву Б.А. подписать указанное в пункте 1 настоящего Решения Соглашение от имени Евразийского экономического союза после завершения государствами — членами Евразийского экономического союза необходимых внутригосударственных процедур, разрешив в случае необходимости вносить в прилагаемый проект изменения, не имеющие принципиального характера.

3. Настоящее Решение вступает в силу с даты его официального опубликования.

Члены Высшего Евразийского экономического совета:

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»), of the one part, and Mongolia, of the other part:

Seeking to promote and deepen mutual trade and economic cooperation between the EAEU Member States and Mongolia in the areas of mutual interest;

Confirming their commitment to the principles of market economy, as the basis for trade and economic relations, and their intention to participate actively and to encourage expansion of mutually beneficial trade and economic relations between the EAEU Member States and Mongolia;

Creating the necessary conditions for the free movement of goods and capital in accordance with the Law of the EAEU, laws and regulations of the EAEU Member States and Mongolia, as well as the rules of the World Trade Organization (hereinafter referred to as «the WTO»);

Article 1

1. The Parties to this Agreement are the EAEU Member States and the EAEU within its respective areas of competence as derived from the Treaty on the Eurasian Economic Union of 29 May 2014 (hereinafter referred to as «the Treaty on the EAEU») acting jointly or individually, of the one part, and Mongolia, of the other part (hereinafter referred to as «Parties»).

2. The Parties shall liberalize mutual trade in accordance with the provisions of this Agreement and the WTO rules, including in particular Article XXIV of the General Agreement on Tariffs and Trade 1994 (hereinafter referred to as «the GATT 1994») with a view to establishing the free trade regime between the EAEU and the EAEU Member States, of the one part, and Mongolia, of the other part.

Article 2

The objectives of this Agreement, as elaborated more specifically through its principles and rules, are:

(a) to liberalize and facilitate trade in goods between the Parties through, inter alia, reduction or elimination of tariff and non-tariff barriers in accordance with the provisions of this Agreement;

(b) to support economic and trade cooperation between the Parties;

(c) to encourage expansion and diversification of trade between the Parties.

Article 3

1. In the event of any inconsistency between this Agreement and a provision of the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994 (hereinafter referred to as «the WTO Agreement»), the provision of the WTO Agreement shall prevail to the extent of the divergence.

2. In the event of the divergence mentioned in paragraph 1 of this Article the Parties shall immediately consult in order to find a mutually acceptable solution.

Article 4

1. The classification of goods in trade between the Parties shall be governed by each Party's respective tariff nomenclature in conformity with the Harmonized Commodity Description and Coding System established by the International Convention on the Harmonized Commodity Description and Coding System, done on 14 June 1983 (hereinafter referred to as «the Harmonized System» or «HS»).

2. Each Party shall ensure that any change to its tariff nomenclature shall be carried out without impairing tariff concessions undertaken in accordance with Annexes 1 and 2 (Schedules of Tariff Commitments) to this Agreement. Such change to the Foreign Economic Activity Commodity Nomenclature of the EAEU and Harmonized System of Product Identification and Coding of Mongolia shall be carried out by the Eurasian Economic Commission and Mongolia, respectively.

Article 5

1. Each Party shall accord to the originating goods of one of the Parties treatment not less favourable than that provided for in the former Party's Schedule of Tariff Commitments provided for in Annexes 1 and 2 to this Agreement.

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

(a) a charge equivalent to an internal tax imposed consistently with the provisions of Article 9 (National Treatment) of this Agreement in respect of the like domestic product;

(b) any duty imposed in accordance with Article 19 (Trade Remedies) of this Agreement pursuant to a Party's laws and regulations;

(c) fees or other charges commensurate with the cost of services rendered applied in accordance with Article 7 (Fees and Charges) of this Agreement.

3. If the rate of preferential customs duty on an originating goods of a Party applied in accordance with Annexes 1 and 2 to this Agreement is higher than the most-favoured-nation applied rate of customs duty on the same goods, such goods shall be eligible for the latter one.

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

Article 6

Article I of the GATT 1994 and its interpretative notes as well as any exceptions, exemptions and waivers to the obligation to grant treatment set out in Article I of the GATT 1994 applicable under the WTO Agreement are incorporated into and form part of this Agreement.

Article 7

Each Party shall ensure that all fees and charges imposed on or in connection with the importation or exportation of goods are consistent with Article VIII of the GATT 1994. To this end Article VIII of the GATT 1994, including its interpretative notes and Supplementary provisions, is incorporated into and forms an integral part of this Agreement.

Article 8

If otherwise is not provided for in this Agreement the Parties may apply prohibitions, quantitative restrictions or other measures having equivalent effect on imports and exports of goods in respect of mutual trade in consistency with Article XI of the GATT 1994 and in accordance with Article XIII of the GATT 1994.

Article 9

Each Party shall accord national treatment to goods of the other Party in accordance with Article III of the GATT 1994. To this end Article III of the GATT 1994, including its interpretative notes, is incorporated into and forms an integral part of this Agreement.

Article 10

1. The Parties shall apply their respective laws and regulations in the field of technical regulation in conformity with the provisions of the Agreement on Technical Barriers to Trade, in Annex 1A to the WTO Agreement.

2. In order to implement the provisions of this Agreement, the Parties shall encourage bilateral cooperation between their respective authorities or bodies responsible for standardization, technical regulations, metrology, market surveillance and conformity assessment procedures, including accreditation, testing and certification.

3. The Parties, in order to facilitate trade, may initiate negotiations with a view to signing of agreements on elimination of technical barriers to mutual trade including mutual recognition of the results of conformity assessment procedures in respect of specific product or groups of products.

4. The requirements and methods for assessing product's conformity with mandatory requirements shall be determined by the responsible authorities or bodies of the Parties in accordance with the applicable laws and regulations of the importing Party and in conformity with the provisions of the Agreement on Technical Barriers to Trade, in Annex 1A to the WTO Agreement.

5. Where a Party detains, at a port of entry, goods exported from the other Party due to lack of necessary documents confirming compliance of these goods with technical regulation(s) or conformity assessment procedures or perceived failure of compliance of these goods with technical regulation(s) or conformity assessment procedures of this Party, the reasons for the detention shall be promptly notified to the importer or representative of the importer (carrier).

6. The Parties agree to hold technical consultations in the framework of the Joint Committee where a Party considers that the other Party has taken a measure which is likely to create or has created an unnecessary obstacle to trade in order to find a mutually acceptable solution. Technical consultations may be conducted via any means mutually agreed by the Parties.

Article 11

1. The Parties shall apply their respective laws and regulations in the field of sanitary and phytosanitary measures in accordance with the Agreement on the Application of Sanitary and Phytosanitary Measures, in Annex 1A to the WTO Agreement.

2. The Parties may reach additional arrangements to guide the development, adoption and/or enforcement of sanitary and phytosanitary measures in order to minimize their negative effects on trade between the Parties.

3. Each Party upon written request from the other Party shall provide timely information on any matter related to sanitary and phytosanitary measures which has arisen or may arise from mutual trade.

4. The Parties agree to hold technical consultations in the framework of the Joint Committee where a Party considers that the other Party has taken a measure which is likely to create or has created a disguised restriction on trade in order to find a mutually acceptable solution. Technical consultations may be conducted via any means mutually agreed by the Parties.

Article 12

The origin of goods shall be determined based on the Rules of Origin set out in Annex 3 «Rules of Origin» to this Agreement.

Article 13

1. This Article shall apply to customs administration measures and performance of customs operations required for the release of goods traded between the Parties, in order to promote:

(a) transparency of customs procedures and customs formalities;

(b) trade facilitation; and

(c) customs cooperation including exchange of information between the customs authorities of the Parties.

2. Each Party shall ensure that the customs administration measures applied by its customs authorities are predictable, consistent and transparent.

3. Customs procedures of the Parties shall, where possible and to the extent permitted by their customs laws and regulations, be based on the standards and recommended practices of the World Customs Organization.

4. The customs authorities of each Party shall endeavour to review their customs administration measures with a view to simplifying such measures in order to facilitate trade.

5. The Parties shall, to the extent possible, publish the customs laws and regulations of general application in the English language.

6. Each Party shall adopt or maintain the performance of customs procedures and operations for the efficient release of goods in order to facilitate trade between the Parties. This shall not require a Party to release goods where its requirements for the release of such goods have not been met.

7. Pursuant to paragraph 6 of this Article, each Party shall:

(a) provide for the release of goods within a period of time no longer than 4 hours from the registration of a customs declaration except in the circumstances stipulated in the customs laws and regulations of the Parties; and

(b) adopt or maintain electronic submission and processing of customs information in advance of arrival of the goods to expedite the release of goods upon arrival;

(c) apply a risk management system by means of a systematic assessment of risks to focus inspections on high-risk goods and simplify the application of customs operations on low-risk goods.

8. Each Party shall maintain a trade facilitation partnership program for operators who meet specified security criteria, hereinafter, referred to as Authorized Economic Operator (AEO) programs, in accordance with the World Customs Organization SAFE Framework of Standards to Secure and Facilitate Global Trade.

9. The Parties shall endeavour to cooperate by:

(a) exchanging experiences on the operation of and improvements to their respective AEO programs, seeking to adopt, if appropriate, best practices;

(b) exchanging information with each other on the operators authorized by each program, in accordance with each Party's law and established processes; and

(c) collaborating in the identification and implementation of trade facilitation benefits for operators authorized by the other Parties.

Article 14

1. With a view to facilitating the effective operation of this Agreement, the customs authorities of the Parties shall encourage cooperation with each other on key customs issues that affect goods traded between the Parties.

2. Where the customs authority of a Party in accordance with its respective laws and regulations has a reasonable suspicion of an unlawful activity, such customs authority may request the customs authority of the other Party to provide specific confidential information normally collected in connection with the exportation and (or) importation of goods.

3. A Party's request under paragraph 2 of this Article shall be in writing, specifying the purpose for which the information is requested and shall be accompanied by sufficient information to identify the goods concerned. Requests shall be transmitted electronically via channels of communication referred to in paragraph 6 of this Article. A hard copy of the request shall be also sent by post. All requests and responses to the requests under this Article shall be submitted in the English language.

4. The requested customs authority of the Party under paragraph 2 of this Article shall in accordance with this Party's respective laws and regulations provide a written response containing the requested information within 2 months from the date of receipt. If it is impossible to provide full or partial response within prescribed period of time, the requested customs authority shall inform the requesting customs authority of the expected term for providing such information.

5. All the information provided pursuant to paragraphs from 2 through 4 of this Article shall be treated by the Parties as confidential. It shall not be disclosed without the written permission of the person or authority of the Party providing it except to the extent that it may be required to be disclosed in the context of judicial proceedings.

6. The customs authorities of the Parties shall endeavour to establish and maintain channels of communication for customs cooperation, including establishing contact points that will facilitate the rapid and secure exchange of information, and improve coordination on customs issues.

7. Technical meetings to discuss the relevant issues on customs administration and trade facilitation shall be carried out at such time and venue as may be agreed by the Parties.

8. In order to facilitate the implementation of customs procedures and to prevent violations of customs laws and regulations, the Parties may establish and apply on a regular basis information exchange between the customs authorities of the Parties with regard to goods traded between the Parties (hereinafter referred to as «electronic information exchange»).

9. All the requirements and specifications for the operation of electronic information exchange as well as the specific content of information to be exchanged shall be defined in separate protocol between the authorized bodies of the EAEU Member States and Mongolia.

10. The Parties shall implement the electronic information exchange based on the use of the technical infrastructure of the Integrated Information System of the EAEU and the relevant infrastructure of Mongolia.

11. On behalf of the EAEU the Eurasian Economic Commission shall coordinate the creation and facilitate the operation of the electronic information exchange.

Article 15

Article V of the GATT 1994 is incorporated into and form part of this Agreement.

Article 16

1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustified discrimination between the Parties where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Party of measures:

(a) necessary to protect public morals;

(b) necessary to protect human, animal or plant life or health;

(c) relating to the importations or exportations of gold or silver;

(d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of the GATT 1994, including those relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article II and Article XVII of the GATT 1994, the protection of patents, trademarks and copyrights, and the prevention of deceptive practices;

(e) relating to the products of prison labour;

(f) imposed for the protection of national treasures of artistic, historic or archaeological value;

(g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;

(h) undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the WTO and not disapproved by it or which is itself so submitted and not so disapproved;

(i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price, as part of a governmental stabilization plan; provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of the GATT 1994 relating to non-discrimination;

(j) essential to the acquisition or distribution of products in general or local short supply; provided that any such measures shall be consistent with the principle that the Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist.

2. The Parties shall inform each other to the extent possible about measures taken under this Article and of their termination.

Security Exceptions

(a) to require any Party to furnish any information the disclosure of which it considers contrary to its essential security interests; or

(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:

(i) relating to fissionable materials or the materials from which they are derived;

(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;

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

(c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

1. Where any Party is in a serious balance-of-payments and external financial difficulties, or under threat thereof, it may, in accordance with Article XII of the GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the GATT 1994, adopt restrictive import measures. Such restrictive measures shall be consistent with the Articles of Agreement of the International Monetary Fund.

2. The Party concerned shall inform the other Party forthwith of its intention to introduce such measures to safeguard the balance-of-payments and of the time schedule of their application and removal.

3. Where the restrictive measures referred to in paragraph 1 of this Article are adopted or maintained, consultations shall be held promptly by the Party concerned within the framework of the Joint Committee to consider the restrictions adopted by it. Such consultations shall assess the balance-of-payments situation of the Party concerned and the restrictive measures adopted or maintained under this Article, taking into account, inter alia, factors such as:

(a) the nature and extent of the balance-of-payments difficulties;

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

(c) alternative corrective measures which may be available.

The consultations shall address the compliance of any restrictive measures with Article XII of the GATT 1994.

Article 19

1. The Parties shall apply global safeguard, anti-dumping and countervailing measures in accordance with the provisions of Article XIX of the GATT 1994, Article VI of the GATT 1994, the Agreement on Safeguards, the Agreement on Implementation of Article VI of the GATT 1994, the Agreement on Subsidies and Countervailing Measures, in Annex 1A to the WTO Agreement.

2. For the purposes of conducting anti-dumping, countervailing duty and global safeguard investigations and any subsequent proceedings, including anti-circumvention and any other reviews, Mongolia shall consider the EAEU Member States individually and not as the EAEU as a whole and shall not apply anti-dumping, countervailing or global safeguard measures, including anti-circumvention measures, with respect to imports from the EAEU as a whole.

3. A Party considering initiating an anti-dumping or countervailing duty investigation shall notify the other Party in writing of the receipt of the application for the initiation of an investigation no later than fifteen (15) days prior to the date of the initiation of the investigation.

4. A Party intending to apply a global safeguard measure shall immediately provide to the other Party a written notification of all pertinent information on the initiation of an investigation, the provisional findings and the final findings of the investigation.

5. The Parties may consult on the issues related to the application of anti-dumping, countervailing, and global safeguard measures upon written request of either Party. Consultations shall take place as soon as possible and not later than thirty (30) days after receiving such written request. Such consultations shall not prevent the Parties from initiating an anti-dumping, countervailing duty or global safeguard investigation and shall not impede such investigation.

Article 20

Any dispute between the Parties arising from the interpretation and/or application of this Agreement shall be settled in accordance with rules and procedures established in Annex 4 «Dispute Settlement» to this Agreement.

Article 21

1. Each Party shall ensure, in accordance with its respective laws and regulations, that its laws and regulations of general application as well as its respective international agreements, with respect to any matter covered by this Agreement, are promptly published at the latest by the time of their entry into force or otherwise made publicly available, including wherever possible in electronic form.

2. To the maximum extent possible, each Party shall notify the other Party of any measure which, the Party considers, may materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement.

Article 22

1. Each Party shall, in accordance with its respective laws and regulations, maintain the confidentiality of information provided in confidence by the other Party pursuant to this Agreement.

2. Nothing in this Agreement shall require a Party to furnish or allow access to information which, if disclosed, would impede law enforcement or the disclosure of which is prohibited or restricted under its laws and regulations, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of (any economic operator) particular enterprises, public or private.

Article 23

1. This Article shall apply to measures adopted or maintained by a Party affecting electronic commerce.

2. The Parties recognise the economic growth and opportunities provided by electronic commerce, the dynamic and innovative nature of electronic commerce which has a positive effect on the growth of mutual trade between the Parties, and the importance of promoting consumer confidence in electronic commerce.

3. The Parties shall endeavour to streamline and simplify customs clearance processes within the Free Trade Zones or e-commerce operators warehouses, designated for their e-commerce operations, with the aim of facilitating efficient cross-border trade.

4. The Parties recognise the importance of avoiding any unnecessary regulatory burden related to electronic commerce.

5. The Parties shall not deny that electronic signatures have the same legal effect and validity as such signatures in non-electronic form, unless otherwise provided for in their laws and regulations. For greater certainty, electronic signatures as referred to in this paragraph shall comply with legal requirements prescribed by the laws and regulations of a Party.

6. The Parties shall endeavor to mutually recognize electronic signatures, where applicable.

7. Each Party shall endeavour to make publicly available regulatory documents related to trade between the Parties electronically.

8. The Parties recognise the economic and social benefits of protecting the personal data of users of electronic commerce and the contribution that this makes to enhancing consumer confidence in electronic commerce.

9. The Parties shall adopt or maintain measures that ensure the protection of personal data, including on the cross-border transfer of personal data and the conditions and requirements relating to it, in accordance with their laws and regulations.

10. Each Party shall designate a contact point, which shall be responsible generally for communications with the other Party and the Joint Committee, for any matters arising from the implementation of this Article.

11. To foster mutual understanding between the Parties or to address specific matters that arise from this Chapter, a Party may, through its contact point established in accordance with Article 27 (Contact Points) of this Agreement, request consultations with the other Party.

12. Such consultations, if agreed to by both Parties, may be conducted through any means as agreed by the Parties.

Article 24

1. The Parties recognize the importance of economic cooperation and agree to enhance cooperation in mutually beneficial areas, in consideration to the different levels of development and capacity of the Parties.

2. The Parties shall encourage and facilitate cooperation between their respective Government authorities in promoting and implementing economic cooperation, and, where necessary and appropriate, cooperation between enterprises of the Parties.

Annexes

Article 26

1. The Parties hereby establish a Joint Committee comprising representatives of each Party, which shall be co-chaired by two representatives — one from the EAEU and its Member States represented by a Member of the Board of the Eurasian Economic Commission and the other from the Ministry of Economy and Development of Mongolia and/or its successors. The Parties shall be represented by senior officials duly authorized for this purpose.

2. The Parties shall inform each other of their respective representatives to the Joint Committee no later than thirty (30) days before holding its session.

(a) to monitor and examine all matters related to the application and the operation of this Agreement;

(b) to examine possibilities for further promotion of trade relations between the Parties;

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

(d) to perform other activities related to any matter under this Agreement assigned to it by the Parties within the scope and objectives of this Agreement.

4. In order to fulfill its functions, the Joint Committee may establish standing or ad hoc sub-committees or working groups and entrust them with the execution of tasks on specific matters.

5. All decisions and recommendations of the Joint Committee shall be adopted by consensus of the Parties.

6. Meetings of the Joint Committee shall be held, as a rule, at least once in two (2) years, alternately in each Party, unless the Parties agree otherwise.

7. Special sessions can also be held at the request of any Party. Such sessions shall be held to the extent possible within thirty (30) days from the date of the receipt of the request in the territory of the requesting Party unless the Parties agree otherwise.

8. The Parties shall harmonize the Rules of Procedure of the Joint Committee and shall approve them at the first meeting of the Joint Committee.

Article 27

Contact Points

(b) responding to the concerns or enquiries referred to in subparagraph (a) of this paragraph, where appropriate, in collaboration with other relevant authorities of the Party.

3. Paragraphs 1 and 2 of this Article shall not prevent or restrict any contact by a Party's business sector directly with relevant authorities of the other Party.

4. On the request of a Party, the other Party's contact point or contact points shall indicate the office or official responsible for relating matter that might affect trade between the Parties and provide the required support to facilitate relevant communication.

Term of Validity, Withdrawal and Termination

1. This Agreement shall remain in force for the period of three years and shall be extended thereafter for the period of three years unless the Parties agree otherwise.

2. Within one year upon the expiration of the first three-year period the Parties engage into review of this Agreement with an aim to facilitate trade and eliminate duties and other restrictive regulations of trade on substantially all the trade between the Parties.

3. Each Party may terminate this Agreement by notifying the other Party of its intention to terminate this Agreement. The termination of this Agreement shall take effect on the first day of the seventh month following the month, in which the notification was received by the latter Party.

4. This Agreement shall terminate for any EAEU Member State which withdraws from the Treaty on the EAEU on the same date with the withdrawal from the Treaty on the EAEU takes place. The Eurasian Economic Commission shall notify Mongolia of such withdrawal six (6) months in advance of the date on which such withdrawal should take place. The Parties shall consult between themselves to consider the effects of such withdrawal on this Agreement.

Amendments

2. All amendments to this Agreement shall constitute an integral part of this Agreement and shall be done in the form of separate protocols to this Agreement which shall enter into force in the manner provided for in Article 31 of this Agreement, unless otherwise agreed by the Parties.

3. If any provision of the WTO Agreement or any other agreement to which both Parties are party that has been incorporated into this Agreement is amended, the Parties shall consult on whether to amend this Agreement accordingly.

Article 30

1. Any new EAEU Member State shall accede to this Agreement as mutually agreed by the Parties through negotiations on terms of accession. Such accession shall be done by an additional protocol to this Agreement.

2. The EAEU shall without delay notify Mongolia in writing of any status of a candidate country for accession to the EAEU granted to any third country as well as of any accession to the EAEU.

This Agreement shall enter into force on the sixty first day following the date of the receipt of the last written notification certifying that the EAEU, the EAEU Member States and Mongolia have completed their respective internal legal procedures necessary for the entry into force of this Agreement. Such notifications shall be made between the Eurasian Economic Commission and Mongolia through diplomatic channels.

In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement.

Done at Moscow on this _h day of ___ 202, in two originals in the English language, both texts being equally authentic.

Annex 1

For the purposes of this Annex «HS Code» and «Description» refer to the relevant subheadings of nomenclature of the Eurasian Economic Union and its corresponding description in effect as of 01.01.2022.

In no case a rate of a customs duty applied by a Party with respect to an originating good listed in this Annex shall be higher than the respective bound agreed rate referred to in column (4) of this Annex.

For the purposes of this Annex «HS Code» and «Description» refer to the relevant subheadings of nomenclature of Mongolia and its corresponding description in effect as of 01.01.2022.

In no case a rate of a customs duty applied by a Party with respect to an originating good listed in this Annex shall be higher than the respective bound agreed rate referred to in column (4) of this Annex.

Section I. GENERAL PROVISIONS

Article 1

The Rules of Origin provided for in this Annex shall be applied only for the purposes of granting preferential tariff treatment in accordance with this Agreement.

For the purposes of these Rules:

a) «aquaculture» means farming of aquatic organisms including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, from feedstock such as eggs, fry, fingerlings and larvae, by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding, or protection from predators;

b) «authorised body» means the competent authority designated by a Party to issue a Certificate of Origin under this Agreement;

c) «consignment» means goods that are sent simultaneously covered by one or more transport documents to the consignee from the exporter;

d) «exporter» means a seller of goods according to the foreign trade agreement (contract), consignor, supplier or producer of goods;

e) «FCA value» means the price paid for the goods to the producer in a Party where the goods are delivered to the first carrier in accordance with the International commercial terms 2020, including the cost of export formalities, such as customs clearance, internal taxes and other related expenses;

f) «importer» means a purchaser of goods according to the foreign trade agreement (contract) or consignee of goods;

g) «goods» means goods being obtained or produced, even if they are intended for later use in another production operation as a material;

h) «material» means any matter or substance including ingredient, raw material, component or part used or consumed in the production of goods or physically incorporated into goods or subjected to a process in the production of other goods;

i) «non-originating goods» or «non-originating materials» means goods or materials that do not fulfil the origin criteria of these Rules and (or) goods or materials of undetermined origin;

j) «originating goods» or «originating materials» means goods or materials that fulfil the origin criteria of these Rules;

k) «producer» means a person who carries out production in the territory of a Party;

l) «production» means methods of obtaining goods including growing, mining, harvesting, raising, breeding, extracting, gathering, capturing, fishing, hunting, manufacturing, processing or assembling such goods;

m) «Proof of Origin» means Certificate of Origin or Declaration of Origin provided for in these Rules; and

n) «verification authority» means the competent governmental authority designated by a Party to conduct verification procedures.

For the purposes of these Rules, goods shall be considered as originating in a Party if they are:

a) wholly obtained or produced in the Party as provided for in Article 4 of these Rules;

b) produced in the Party using non-originating materials provided that value of such materials does not exceed fifty (50) percent of the FCA value of the goods or the materials have undergone at least change in tariff heading level of the Harmonized System; or

c) produced in the Party exclusively from materials originating in one or more Parties.

For the purposes of Article 3 of these Rules, the following goods shall be considered as wholly obtained or produced in a Party:

a) plants and plant goods, including fruit, berries, flowers, vegetables, trees, seaweed, fungi and live plants, grown, harvested or gathered there;

b) live animals born and raised there;

c) goods obtained from live animals there;

d) goods from slaughtered animals born and raised there;

e) goods obtained from gathering, hunting, capturing, fishing, growing, raising and aquaculture there;

f) minerals and other naturally occurring substances extracted or taken from the air, soil, waters or seabed and subsoil there;

g) goods of sea fishing and other marine goods taken from the sea outside its territorial sea by a vessel registered or recorded in a Party and flying its flag;

h) goods manufactured exclusively from goods referred to in subparagraph «g» of this Article, on board a factory ship registered or recorded in a Party and flying its flag;

i) goods extracted from marine soil or subsoil outside its territorial sea provided that Party has sole rights to work that soil or subsoil;

j) waste and scrap resulting from production and consumption conducted there;

k) used goods collected there provided that such goods are fit only for the recovery of raw materials;

l) goods produced in outer space on board a spacecraft registered in a Party; and

m) goods produced or obtained in the territory of a Party solely from goods referred to in subparagraphs «a» through «l» of this Article.

For the purposes of these Rules, the formula for calculating the percentage of value of non-originating materials (hereinafter referred to as «NOM») shall be:

NOM = \frac{ValueofNon - OriginatingMaterials}{FCAvalue} *100\%

a) the customs value of the materials at the time of importation to a Party; or

b) the earliest ascertained price paid or payable for non-originating materials in the territory of the Party where the working or processing takes place, if the customs value is not known or cannot be ascertained.

1. The following operations undertaken exclusively by themselves or in combination with each other are considered to be insufficient to meet the requirements of Article 3 of these Rules:

a) preserving operations to ensure that a product retains its condition during transportation and storage;

b) freezing or thawing;

c) packaging and re-packaging;

d) washing, cleaning, removing dust, oxide, oil, paint or other coverings;

e) ironing or pressing of textiles;

f) colouring, polishing, varnishing, oiling;

g) husking, partial or total bleaching, polishing and glazing of cereals and rice;

h) operations to colour sugar or form sugar lumps;

i) peeling and removal of stones and shells from fruits, nuts and vegetables;

j) simple sharpening, grinding;

k) cutting;

l) sifting, screening, sorting, classifying;

m) placing in bottles, cans, flasks, bags, cases, boxes, fixing on surface and all other packaging operations;

n) affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;

o) mixing of products (components) which does not lead to a sufficient difference of product from the original components;

p) simple assembly of a product or disassembly of products into parts;

q) slaughter of animals, sorting of meat; and

r) use of goods for their intended purpose.

2. For the purposes of paragraph 1 of this Article, «simple» describes activities which do not require special skills or machines, apparatus or equipment especially designed for carrying out such activities.

Without prejudice to Article 3 of these Rules, the goods originating in a Party, which are used as materials in the production of goods in the other Party, shall be considered as originating in that Party, where the last operations other than those referred to in paragraph 1 of Article 6 of these Rules have been carried out. The origin of the goods used for subsequent working or processing shall be confirmed by documentary evidence.

1. Goods that do not undergo a change in tariff classification are nonetheless considered as originating, if the goods meet all other applicable requirements of this Chapter and the value of all non-originating materials that are used in the production of the goods and do not undergo the required change in tariff classification, does not exceed ten (10) percent of the FCA value of such goods.

2. The value of materials referred to in paragraph 1 of this Article shall be included in the value of non-originating materials for any applicable NOM requirement.

1. Accessories, spare parts, tools and instructional or other information materials, referred to in paragraph 2 of this Article, shall be deemed to have the same origin as the goods with which they are delivered.

2. For the purposes of this Article, accessories, spare parts, tools and instructional or other information materials are covered when:

a) the accessories, spare parts, tools and instructional or other information materials are classified and delivered with but not invoiced separately from such goods; and

b) the types, quantities and value of the accessories, spare parts, tools and instructional or other information materials presented with the goods are customary for such goods.

3. Without prejudice to paragraph 1 of this Article, the value of accessories, spare parts, tools and instructional or other information materials shall be taken into account as originating materials or non-originating materials, as the case may be, in calculating the NOM requirement of the goods.

1. Packaging materials and containers in which goods are packaged for retail sale, if classified with the goods, shall be deemed to have the same origin as the goods they contain.

2. Without prejudice to paragraph 1 of this Article, the value of the packaging materials and containers used for retail sale shall be taken into account as originating or non-originating materials, as the case may be, in calculating the NOM requirement of the goods.

Packing materials and containers in which goods are packed exclusively for transportation shall not be taken into account for the purposes of determining whether the goods are originating.

Sets, as defined in Rule 3 of the General Rules for the interpretation of the Harmonized System, shall be regarded as originating when all component goods are originating. Nevertheless, when a set is composed of originating and non-originating goods, the set as a whole shall be regarded as originating, provided that the value of the non-originating goods does not exceed fifteen (15) percent of the FCA value of the set.

If non-originating materials satisfy the requirements provided for in Article 3 of these Rules, the resulting goods shall be considered as originating and no account shall be taken of the non-originating materials contained therein when those goods are used in the subsequent production of other goods.

In order to determine the origin of goods, the origin of the following indirect materials which might be used in the production of such goods and not be incorporated into such goods shall not be taken into account:

a) fuel and energy;

b) tools, dies and moulds;

c) spare parts and materials used in the maintenance of equipment and buildings;

d) lubricants, greases, compounding materials and other materials used in the production or used to operate equipment and buildings;

e) gloves, glasses, footwear, clothing, safety equipment;

f) equipment, devices used for testing or inspecting the goods;

g) catalyst and solvent; and

h) any other goods that are not incorporated into such goods but the use of which in the production of such goods can be demonstrated to be a part of that production.

1. Preferential tariff treatment shall be granted to originating goods, which are transported directly between the Parties or through the territories of non-Parties, provided that during such transportation:

a) the goods have not undergone any operation there other than unloading, reloading, storing or any necessary operation designed to preserve their condition; and

b) the goods have not entered into trade or consumption there.

2. In the case where originating goods are imported through the territories of the non-Parties one of the following documentary evidence shall be submitted to the customs authorities of the importing Party:

a) the transport documents covering the passage from the territory of one Party to the territory of the other Party and containing description of the goods and, where applicable and consistent with transportation conditions, the names of the ships or other means of transport used and the containers' numbers; or

b) the documents issued by the customs authorities of the non-Parties where the goods were in transit that contain description of the goods and confirm that the goods have been kept (stored) under customs control and have not been altered or processed within its territory as provided for in subparagraph «a» of paragraph 1 of this Article.

3. In addition to the documents referred to in paragraph 2 of this Article any other supporting documents proving the direct consignment may be submitted.

4. If a declarant fails to provide the customs authorities of the importing Party with documentary evidence of direct consignment, preferential tariff treatment shall not be granted.

Article 16

The importing Party shall grant preferential tariff treatment for originating goods in cases where the invoice is issued by a person registered either in a Party or in a non-Party, provided that such goods meet the requirements of these Rules.

Section II. PROOF OF ORIGIN

Article 17

1. Goods originating in a Party shall on importation into any Party benefit from the preferential tariff treatment upon submission of one of the following Proofs of Origin:

a) a Certificate of Origin (Form EAM) issued in accordance with Article 19 of these Rules, except for the cases provided for in Article 28 of these Rules; or

b) a Declaration of Origin made out in accordance with Article 21 of these Rules.

2. Notwithstanding paragraph 1 of this Article, in the cases specified in Article 18 of these Rules originating goods shall benefit from preferential tariff treatment without it being necessary to submit any of the documents referred to in this Article.

Article 18

The Proof of Origin is not required in order to obtain preferential tariff treatment for importation of originating goods where the customs value does not exceed the amount of two hundred (200) Euro or the equivalent amount in the importing Party's currency, provided that the importation does not form part of one or more consignments that may reasonably be considered to have been undertaken or arranged for the purposes of avoiding the submission of the Proof of Origin.

Article 19

1. Certificate of Origin is a document confirming the origin of goods issued by an authorised body of a Party, upon an application having been made by the producer, exporter or its authorised representative. The application shall be made in writing or by electronic means, if applicable in accordance with the laws and regulations of the exporting Party.

2. The Certificate of Origin shall be issued in original paper format, except for the cases provided for in paragraph 3 of Article 28 of these Rules.

3. The Certificate of Origin shall be issued by the authorised body prior to or after the time of exportation whenever the goods to be exported can be considered as originating in a Party within the meaning of these Rules.

4. The authorised body of the exporting Party shall ensure that Certificates of Origin are issued in conformity with the format and duly completed in accordance with the requirements set out in Annex to these Rules.

5. The Certificate of Origin shall cover the goods under one consignment and shall be valid for the granting preferential tariff treatment for a period of twelve (12) months from the date of its issuance by the authorised body. The actual weight of delivered goods shall not exceed five (5) percent of the weight specified in the Certificate of Origin.

Article 20

1. Where a Certificate of Origin has not been issued prior to the time of exportation, it may be issued retroactively. In this instance, the Certificate of Origin shall bear the words «ISSUED RETROACTIVELY» or «ISSUED RETROSPECTIVELY».

2. In the event of theft, loss or destruction of the original Certificate of Origin issued in paper format, the producer, exporter or its authorised representative may apply to the authorised body for its certified duplicate. A certified duplicate shall bear the words «DUPLICATE OF THE CERTIFICATE OF ORIGIN NUMBER_DATE_». The certified duplicate of a Certificate of Origin shall be valid for the granting preferential tariff treatment no longer than twelve (12) months from the date of issuance of the original Certificate of Origin.

3. Due to accidental errors or omissions made in the Certificate of Origin, the authorised body shall issue the Certificate of Origin in substitution for the previously issued Certificate of Origin which shall be annulled. In this instance, the Certificate of Origin shall bear the words: «ISSUED IN SUBSTITUTION FOR THE CERTIFICATE OF ORIGIN NUMBER ___ DATE ___». Such Certificate of Origin shall be valid for the granting preferential tariff treatment for a period of twelve (12) months from the date of its issuance.

4. In the case of transportation of originating goods between the Parties which have not undergone any working or processing in the other Parties, the authorised body of the latter Party may issue a replacement certificate instead of Certificate of Origin. Replacement Certificates of Origin shall be issued on the basis of the Certificate of Origin issued by the authorised body of the former Party and shall bear the words «ISSUED ON THE BASIS OF CERTIFICATE OF ORIGIN NUMBER ___ DATE ___». Such Certificate of Origin shall be valid for the granting preferential tariff treatment for a period of twelve (12) months from the date of its issuance.

Article 21

1. The Declaration of Origin as referred to in subparagraph «b» of paragraph 1 of Article 17 of these Rules can be made out by any producer or exporter for consignment of originating goods the customs value of which does not exceed five thousand (5 000) Euro or the equivalent amount in the importing Party's currency.

2. The Declaration of Origin is a statement on origin of goods made by producer or exporter on any commercial document related to the goods. The Declaration of Origin shall be made out by typing, stamping or printing in the English language.

3. The producer or exporter making out a Declaration of Origin shall be prepared to submit at any time, at the request of the verification authority of the exporting Party, all appropriate documents proving the origin of the goods concerned as well as the fulfilment of the other requirements of these Rules.

4. The Declaration of Origin shall cover the originating goods under one consignment and shall remain valid for the granting preferential tariff treatment for a period of twelve (12) months from the date it was made. The actual weight of declared importing goods shall not exceed five (5) percent of the weight specified in the commercial document containing Declaration of Origin.

5. Where the customs authorities of the importing Party have a reasonable doubt about the authenticity of a Declaration of Origin and (or) the compliance of the goods with the origin criteria, they may request a Certificate of Origin to be presented.

Article 22

1. Where the origin of the goods is not in doubt, the discovery of minor discrepancies between the information in the Proof of Origin and in the documents submitted to the customs authorities of the importing Party shall not, of themselves, invalidate the Proof of Origin, if such information in fact corresponds to the goods submitted.

2. For multiple goods declared under the same Proof of Origin, a problem encountered with one of the goods listed shall not affect or delay the granting of preferential tariff treatment for the remaining goods covered by the Proof of Origin.

Article 23

1. The producer or exporter applying for the issuance of a Certificate of Origin shall keep all records and copies of documents submitted to the authorised body for the period of no less than three (3) years from the date of issuance of the Certificate of Origin.

2. An importer who has been granted preferential tariff treatment must keep the copy of Proof of Origin for the period of no less than three (3) years from the date when the preferential tariff treatment was granted.

3. The application for Certificate of Origin and all documents related to such application shall be retained by the authorised body for the period of no less than three (3) years from the date of issuance of the Certificate of Origin.

4. A producer or exporter making out a Declaration of Origin shall keep all records and copies of documents proving the origin of the goods concerned for a period of no less than three (3) years from the date of issuance of the Declaration of Origin.

Section III. PREFERENTIAL TARIFF TREATMENT

Article 24

1. Preferential tariff treatment under this Agreement shall be applied to originating goods that satisfy the requirements of these Rules.

2. Customs authorities of the importing Party shall grant preferential tariff treatment to originating goods of the exporting Party provided that:

a) importing goods satisfy the origin criteria referred to in Article 3 of these Rules;

b) direct consignment requirements referred to in Article 15 of these Rules have been fulfilled;

c) the origin of imported goods is confirmed by Proof of Origin in accordance with requirements provided for in these Rules.

3. If appropriate Proof of Origin or documentary evidence of the direct consignment requirements has not been submitted at the time of importation, the importing Party shall impose the applied MFN customs duty or require payment of a deposit on the imported goods, where applicable. In such a case the importer may make a claim for preferential tariff treatment and refund of any excess customs duty or deposit paid within twelve (12) months from the date of registration of customs declaration in accordance with respective laws and regulations of the importing Party provided that all requirements of this Article have been met.

4. Notwithstanding paragraph 2 of this Article, where the customs authorities of the importing Party have a reasonable doubt as to the origin of the goods for which preferential tariff treatment is claimed and (or) to the authenticity of the submitted Proof of Origin such customs authorities may suspend the application of preferential tariff treatment to such goods, while awaiting the results of verification procedures. However, the goods can be released in accordance with the requirements of such Party's respective laws and regulations.

Article 25

1. Where the goods do not meet the requirements of these Rules or where the importer or exporter fails to comply with the requirements of these Rules, the customs authorities of the importing Party shall deny preferential tariff treatment and recover unpaid customs duties in accordance with its respective laws and regulations.

2. The customs authorities of the importing Party shall deny preferential tariff treatment in one of the following cases:

a) the goods do not satisfy the origin criteria referred to in Article 3 of these Rules;

b) the direct consignment requirements provided for in Article 15 of these Rules have not been fulfilled;

c) the Proof of Origin has not been submitted to the customs authorities of the importing Party or has not been issued and duly completed as specified in Annex to these Rules;