TECHNICAL REGULATION IN THE CUSTOMS UNION AND

THE SINGLE ECONOMIC SPACEPart II

2014

Vasily B. Boitsov, Director, Department for Technical Regulation and Accreditation Eurasian Economic Commission

Legal Framework for Technical Regulation within the Customs Union

and the Single Economic Space

Establishment and implementation of the common mandatory requirements for productsEstablishment of common rules for carrying out of conformity assessment activities

Agreement on common principles and rules of technical regulation in the Republic of Belarus,

the Republic of Kazakhstan and the Russian Federation

Agreement on circulation of products subject to mandatory conformity assessment within the Customs Union

Agreement on mutual recognition of accreditation of certification bodies (conformity assessment)

and testing laboratories (centers), carrying out conformity assessment procedures

Legal framework of the Customs Unionand the Single Economic Space

on technical regulation

Technical regulations of the Customs Union

TRs are adopted for the purpose of : - protection of life and (or) human health, property, protection of the

environment, life and (or) health of animals and plants - preventing actions that mislead the consumers, - ensuring energy efficiency and conservation of resourcesTRs have direct application on the common territory of the

Customs Union TRs are drafted : - on the basis of rules, directives and recommendations, adopted by

international, regional, national standardization organizations

- only for products, included in the Unified list of products, for which mandatory requirements within the Customs Union are established

International, regional and national (state) standards of the Parties are applied for the purpose of presumption of conformity.

THE UNIFIED LIST OF PRODUCTSfor which the Customs Union mandatory requirements

are established

66 objects

Plan of development of the Customs Union technical regulations for 2012 – 2013Technical Regulations

of the Customs Union

24 entered into force in 2012 – 2013

10 will enter into force in 2014 – 2015

34 are adopted

10 drafts of the CU ТRs are developed

16 CU ТRs are planned to be developed

Implementation of requirements of the CU Technical Regulations:Voluntary application of international, regional and national (state) standards

included in the Lists approved for each TR More than 8000

documents

26 are planned

Technical regulations of the Customs Union

THE UNIFIED LIST OF PRODUCTSfor which the Customs Union mandatory requirements

are set

66 objects of technical regulation:

Decision of the EEC Council of 23rd

November 2012 №102

1. Machines and equipment 2. Low voltage equipment 3. High voltage equipment 4. Equipment using gaseous fuel5. Equipment operating under overpressure6. Vessels operating under pressure 7. Equipment for explosive environments 8. Attractions, equipment for children’s playgrounds 9. Lifts 10. Wheeled vehicles 11. Tractors 12. Agricultural equipment 13. Machines for forestry 14. Tires 15. Rolling stock of the railway transport, including high-speed transport 16. Rolling stock of the underground 17. Light railway transport, trams 18. Sea transport 19. Inland water transport 20. Small-size vessels

21. Buildings and structures 22. Construction materials and products23. Railway transport infrastructure, including high speed transport 24. Infrastructure of the underground 25. Automobile roads26. Pyrotechnic compositions and items 27. Explosive substances for civil application and items containing explosives 28. Light industry products 29. Toys 30. Goods for children and adolescents 31. Childcare products32. Tableware 33. Health aids 34. Perfume and cosmetic products 35. Oral care products36. Packing and wrapping materials 37. Personal protective equipment 38. Fire security equipment 39. Fire-fighting equipment 40. Medical products 41. Sanitary ware 42. Furniture 43. Chemical products

THE UNIFIED LIST OF PRODUCTSfor which the Customs Union mandatory requirements

are set

66 objects of technical regulation:44. Synthetic detergents45. Household chemical goods46. Paint and varnish materials and solvents 47. Fertilizers 48. Plant protection products 49. Automobile and aviation gasoline, diesel and marine fuel, jet fuel and mazut heating oil 50. Lubricants, oils and special liquids51. Systems and meters of water, gas, heating energy and electricity 52. Measuring units for oil and oil processing products53. Food products 54. Alcohol products 55. Feed and feed additives 56. Grain

57. Tobacco products 58. Sports and hunting weapons and ammunition 59. Telecommunications 60. Coals and coal processing products 61. Liquefied petroleum gases to be used as fuel62. Materials that come in contact with human skin63. Products intended for civil protection and defense in emergency situations of natural and anthropogenic character64. Oil made ready for transportation and (or) use65. Natural inflammable gas made ready for transportation and (or) use66. Main pipelines for the transportation of liquid and gaseous hydrocarbons

Decision of the EEC Council of 23rd

November 2012 №102

| 7

Establishes procedures with the participation of experts:

development of draft technical regulation by the working group (developing agency, the national standards’ body, specialized technical committees on standardization, experts, representatives of industry and business community)

public discussion for at least 60 days on the official EEC website uploading by the Commission on the official website of comments and suggestions

(reviews) on the draft technical regulation for public information two discussions at the Advisory Committee (to be submitted to public discussion and

prior to internal state coordination) regulatory impact assessment during internal state coordination

Provision on the procedure of development, adoption, amendment and cancellation of a CU technical regulation

Active participation of experts in the development of projects of the Customs Union technical regulations makes it possible to respect the interests of all interested

parties

Approved by the Decision of EEC Council

on 20.06.2012 №48

The preparatory period before coming into force

The end of transition period on 15.03.2015

Transition periods for CU TR 004/2011«On safety of low voltage equipment»

CU TR on 02.09.2011

CU TR come into force on 15.02. 2013

Delivery under the laws of the country of destination or in accordance with the

requirements of CU TR

Circulation of products until the end of their

duration

The transition period for products that were not previously subject to

mandatory assessment before 15.11. 2013

CCU Decision on 16.08.2011 № 768

Publication of

EEC Board Decision on 04.12.2012 № 247

example

Establishes:9 certification schemes

1с, 2с, 5с, 6с, 7с, 8с– for serial production;3с, 4с, 9с – for batches of products and single products

6 declaration schemes1 d и 2d – accepting the applicant’s declaration of conformity on the basis of the own evidence of

conformity;3d – 6d - accepting the applicant’s declaration of conformity on the basis of the own evidence of

conformity and the evidence obtained with the help of a certification body and (or) accredited testing laboratory

Developed: on the basis of the legislation of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan using of international practice (Guide ISO/IEC 67) using approaches of the European Union (Decision №768/2008/ЕС)

Decision of the Commission of the Customs Union of 7 April 2011 №621

Regulation on application of standard schemes of conformity assessment (attestation)

with requirements of the Customs Union technical regulations

Conformity assessment

Agreement on common principles and rules of technical regulation in the Republic of Belarus,

the Republic of Kazakhstan and the Russian Federation

The conformity may be declared by an applicant registered in accordance with the legislation of the Party in its territory as a legal entity or a natural person as an individual entrepreneur, or being the manufacturer or the seller, or performing the functions of a foreign manufacturer under a contract with the latter to ensure compliance of products supplied with the requirements of the Customs Union technical regulations and responsible for the non-conformity of products supplied with the requirements of Customs Union technical regulations (person performing the functions of the foreign manufacturer).

Applicants are identified in accordance with a technical regulation.

How to identify applicants

Conformity Assessment

11Decision of the EEC Board dated 25 December 2012

№ 293

UNIFIED FORMS OF DOCUMENTS FOR CONFORMITY ATTESTATION

Single certificate of conformity Single declaration of conformity

PROVISION on registration of declarations of conformity of products

to requirements of the Customs Union technical regulations

Registration of declarations of conformity is carried out:

by Certification bodies included in the Unified register of certification bodies

and testing laboratories (centers) of the Custom Union OR

by Authorized bodies of the member states of the Customs Union and the Single Economic Space

1

2

Ensures possibility of carrying out registration procedureson notifying principle

Applicant should be a resident of the Customs Union

Decision of the EEC Board of 9 April 2013

№ 76

SINGLE REGISTRATION PROCEDURE OF DECLARATIONS OF CONFORMITY

THE REGULATION ON THE UNIFORM MARK OF PRODUCTS CIRCULATION IN THE CUSTOMS UNION MARKET

Products are marked before being released for circulation

A manufacturer, an entity authorized by manufacturer, an importer have the right to mark the products

The marking has to:

- be visible, clear and readable

- prevent deception of consumers about the meaning and emblem of the mark

The mark ensures circulation of products on the single market of the Customs Union not requiring additional assessment procedures

Stands for the Eurasian Conformity

Decision of the EEC Council of 20 July 2013

№ 61

Marking of products

The Republic of Belarus The Republic of Kazakhstan The Russian Federation

CBs – 45TLs – 181

CBs – 64TLs – 147

CBs – 689TLs – 1230

For the purpose of conformity assessment of compliance of products with the requirements of Customs Union

the Unified Register of certification bodies (CBs) and testing laboratories (TLs) (centers)of the Customs Union

contains:

Implementation of requirements of the Customs Union Technical Regulations

www.eurasiancommission.org

Unified Register of certificates of conformity and registered declarations of conformity issued using the single form consists of three national parts:

www.gosstandart.gov.by www.nca.kz www.fsa.gov.ru

ACCREDITATION

Interstate standards (GOSTs), identical to international standards

ISO /IEC 17000 series

COMMON REQUIREMENTS

Peer assessment Common system of professional training and proficiency testing of certification bodies experts

and laboratories personnel Unified procedure for handling claims and complaints to the activity of Certification Bodies and

Testing Laboratoriesincluded in the Unified Register of the Customs Union

Agreement on mutual recognition of accreditation of certification bodies (conformity attestation) and testing laboratories (centers) carrying out conformity attestation procedures

Harmonization of legislations of the member states of the Customs Union and the Common Economic Space

• Harmonization of Parties’ legislation according to common principles and rules of state control (surveillance) of compliance of the Customs Union technical regulations requirements

• Carrying out of state control (surveillance) of compliance of the CU technical regulations requirements according to Parties’ legislation

• Informing the CU member states on state control (surveillance) bodies and their competences

• Common principles of state control (surveillance)• Implementation of state control (surveillance) through scheduled and

unscheduled inspections• Interaction and information exchange, including identification of

dangerous products

COMMON REQUIREMENTS TO THE SYSTEM OF MARKET SURVEILLANCEand control of products placed on the market of the Single Economic Space

and REQUIREMENTS FOR ORGANISING THE SURVEILLANCE

Agreement on common principles and rules of state control (surveillance)

Common System of Market Surveillance in the Customs Union and the Single Economic Space

Draft

Information support

Information on drafting of the Customs Union technical regulation can be found on the official website of the Eurasian Economic Commission

http://www.eurasiancommission.org

Thank you for attention !

Moscow, Letnikovskaya str, 2 bldg. 1,

+7 (495) 669-25-21boitsov@eecommission.org

www.eurasiancommission.org