TECHNICAL REGULATION IN THE CUSTOMS UNION AND THE

Report
TECHNICAL REGULATION
IN THE CUSTOMS UNION AND
THE SINGLE ECONOMIC SPACE
Part II
Vasily B. Boitsov,
Director, Department for Technical
Regulation and Accreditation
Eurasian Economic Commission
2014
Legal
Framework
Regulation
Legal
frameworkfor
ofTechnical
the Customs
Union
and
the Single
EconomicUnion
Space
within
the Customs
on technical
regulationSpace
and the
Single Economic
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
Establishment and implementation of the common mandatory requirements for products
Establishment of common rules for carrying out of conformity assessment activities
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 resources
TRs 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.
Technical regulations of the Customs Union
THE UNIFIED LIST OF PRODUCTS
for which the Customs Union mandatory requirements
are established
Technical Regulations
of the Customs Union
34 are adopted
66 objects
Plan of development of the Customs Union
technical regulations for 2012 – 2013
26 are planned
24 entered into force in 2012 – 2013
10 drafts of the CU ТRs are developed
10 will enter into force in 2014 – 2015
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
THE UNIFIED LIST OF PRODUCTS
for which the Customs Union mandatory requirements
are set
66 objects of technical regulation:
1. Machines and equipment
2. Low voltage equipment
3. High voltage equipment
4. Equipment using gaseous fuel
5. Equipment operating under overpressure
6. 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 products
23. Railway transport infrastructure, including high speed
transport
24. Infrastructure of the underground
25. Automobile roads
26. 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 products
32. Tableware
33. Health aids
34. Perfume and cosmetic products
35. Oral care products
36. 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
Decision of the EEC
Council of 23rd
November 2012 №102
THE UNIFIED LIST OF PRODUCTS
for which the Customs Union mandatory requirements
are set
66 objects of technical regulation:
44. Synthetic detergents
57. Tobacco products
45. Household chemical goods
58. Sports and hunting weapons and ammunition
46. Paint and varnish materials and solvents
59. Telecommunications
47. Fertilizers
60. Coals and coal processing products
48. Plant protection products
61. Liquefied petroleum gases to be used as fuel
49. Automobile and aviation gasoline, diesel and marine fuel,62. Materials that come in contact with human skin
63. Products intended for civil protection and defense in emergency
jet fuel and mazut heating oil
situations of natural and anthropogenic character
50. Lubricants, oils and special liquids
64. Oil made ready for transportation and (or) use
51. Systems and meters of water, gas, heating energy and
65. Natural inflammable gas made ready for transportation and (or)
electricity
use
52. Measuring units for oil and oil processing
66. Main pipelines for the transportation of liquid and gaseous
products
hydrocarbons
53. Food products
54. Alcohol products
55. Feed and feed additives
56. Grain
Decision of the EEC
Council of 23rd
November 2012 №102
Approved by the Decision of EEC
| 7
Council
on 20.06.2012 №48
Provision on the procedure of development, adoption,
amendment and cancellation of a CU technical regulation
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
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
example
Transition periods for CU TR 004/2011
«On safety of low voltage equipment»
CCU Decision
on 16.08.2011 № 768
Publication of
CU TR on 02.09.2011
The preparatory period before coming
into force
CU TR
come into force on 15.02. 2013
EEC Board
Decision on 04.12.2012 № 247
The transition period for products that
were not previously subject to
mandatory assessment before
15.11. 2013
Delivery under the laws of the country of
destination or in accordance with the
requirements of CU TR
The end of transition period on
15.03.2015
Circulation of products
until the end of their
duration
Conformity assessment
Regulation
on application of standard schemes of conformity assessment (attestation)
with requirements of the Customs Union technical regulations
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)
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 schemes
1 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
Decision of the Commission of
the Customs Union
of 7 April 2011 №621
Conformity Assessment
Agreement on common principles and rules of technical regulation
in the Republic of Belarus,
the Republic of Kazakhstan and the Russian Federation
How to identify applicants
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.
UNIFIED FORMS OF DOCUMENTS FOR CONFORMITY
ATTESTATION
Single certificate of conformity
11
Decision of the EEC Board
dated 25 December 2012
№ 293
Single declaration of conformity
SINGLE REGISTRATION PROCEDURE
OF DECLARATIONS 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:
1
2
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
Decision of the EEC Board
of 9 April 2013
№ 76
Applicant should be a resident of the Customs Union
Ensures possibility of carrying out registration procedures
on notifying principle
Marking of products
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
Decision of the EEC Council
of 20 July 2013
№ 61
Stands for the Eurasian Conformity
The mark ensures circulation of products on the single market of the Customs Union not requiring
additional assessment procedures
Implementation of requirements
of the Customs Union Technical Regulations
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:
The Republic of Belarus
The Republic of Kazakhstan
The Russian Federation
CBs – 45
TLs – 181
CBs – 64
TLs – 147
CBs – 689
TLs – 1230
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
Harmonization of legislations of the member states of the
Customs Union and the Common Economic Space
ACCREDITATION
Agreement on mutual recognition of accreditation of certification bodies (conformity attestation)
and testing laboratories (centers) carrying out conformity attestation procedures
COMMON REQUIREMENTS
Interstate standards (GOSTs),
identical to international standards
ISO /IEC 17000 series
 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 Laboratories
included in the Unified Register of the Customs Union
Common System of Market Surveillance
in the Customs Union and the Single Economic Space
Draft
Agreement on common principles and rules
of state control (surveillance)
•
•
•
•
•
•
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 SURVEILLANCE
and control of products placed on the market of the Single Economic Space
and REQUIREMENTS FOR ORGANISING THE SURVEILLANCE
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) 669-25-21
[email protected]
www.eurasiancommission.org

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