Technical regulation

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TECHNICAL REGULATION
IN THE CUSTOMS UNION AND
THE SINGLE ECONOMIC SPACE
Part I
Vasily B. Boitsov,
Director, Department for Technical
Regulation and Accreditation
Eurasian Economic Commission
2014
The Customs Union
170 million people,
more than 20 m. sq. km,
15% of the world land surface
GDP amounts 4% of the
global GDP
Total volume of foreign trade:
$ 913 billion
| 2
Phases of the integration process
Phases
IV
III
II
I
Economic Union
Single Economic Space
Customs Union
Free Trade Areas
| 3
Single Economic Space
of Belarus, Kazakhstan and Russia
| 4
Four economic freedoms: free movement of goods,
services, capital and labor force
Countries of the Customs
Union
are strategic associates,
political, economic and
trade partners.
Integrated connections
between them
were built on principles of
the WTO
Harmonization and unification of the forms of economic
regulation in key areas (competition, subsidies,
government procurement, technical regulation, activities
carried out by natural monopoly entities, intellectual
property protection)
Coordinated macroeconomic and currency policy
Integration of industry-specific markets
Principles of creation of the Single Economic Space
- Common requirements for safety of goods
(technical regulations)
- Single system of conformity assessment
(attestation)
- Uniformity of measurements
- Acceptance of national accreditation bodies
- Common principles of responsibility
- Common principles of market surveillance
- Integrated information system of foreign
and mutual trade
National regime
Common principles of
regulation
Supranational regulation
Establishing a supranational
body
FREE MOVEMENT
OF GOODS
| | 55
Mutual recognition
Harmonization
Non-discrimination
Equivalence
Less number of licensing procedures and
more responsibility
Eurasian Economic Commission
| 6
Supranational body is a
common permanent regulatory body
Treaty on Eurasian Economic
Commission
of 18 November 2011
Successor of the Customs Union
Commission
Main tasks:
- Providing for the operation and the evolution of the Customs Union and
the Single Economic Space
- Carrying out further integration initiatives
Areas of competence of the Eurasian Economic Commission:
Tariff and non-tariff regulation
Customs administration
Establishment of mandatory requirements to products
(technical regulation)
Sanitary, veterinary and phyto-sanitary measures
Establishment of trade regimes with third countries
…
Supreme Bodies and organizational structure
of the Eurasian Economic Commission
Supreme Eurasian Economic Council
(The Heads of States or Governments of the Parties)
Eurasian Economic Commission
Council (3 Members of the Council - 1 Deputy Prime Minister of the Government of each Country)
Board (9 members of the Board - 3 members of each Country – Chairman and 8 Ministers)
Integration and
Macroeconomics
Technical
regulation
Economy and Financial
Policy
Competition and
Antitrust Regulation
Trade
Industry and Agriculture
Energy and
Infrastructure
Customs Policy
Departments
Department for technical
regulation and accreditation
Departments
Advisory Bodies
Departments
Department for Sanitary,
Phytosanitary and Veterinary
measures
Consultative Committee
for Technical regulation, Sanitary,
Phytosanitary and Veterinary
measures
Sub-committees
EEC decision making process
Supreme Eurasian
Economic Council
The Supreme Council makes a decision on the
issue
5. The issue is submitted for consideration at the Supreme
Eurasian Economic Council’s meeting
EEC Council
Council makes a decision on the issues
within its competence
Decisions made by
the CU bodies are
the integral part of
the legal framework
of the CU and the
CES
(after 30 days from
the adoption date)
4. The issue is submitted for consideration at the Council’s
meeting
3. The issue is submitted for
consideration at the Board’s
meeting
EEC Advisory Bodies
Board makes a decision on the issues
within its competence
2. Member States analyze
the issue and make the
comments
1. Departments analyze initiatives within their competence
EEC Departments
National bodies of the
Member States of the CU
and the CES
EEC Board
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
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
Decision on adoption and entry into force
of the CU Technical Regulations
The COUNCIL of the Eurasian Economic Commission defines:
the date of application of technical regulations
THE BOARD of the Eurasian Economic Commission approves:
The Lists of standards for:
- fulfillment of requirements of technical regulation
- testing compliance with the requirements of technical regulations
Rules of the transition period for:
– products that were not previously subject to mandatory conformity
assessment
– practice of application of previously issued documents of conformity
assessment
– keeping of the existing conformity marking within the national legislation
– application of methods of safety indicators measurement
Approved by the Decision of EEC
| 14
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
8 Technical Regulations CАME INTO FORCE in 2012
Name of technical regulation
“On Safety of Pyrotechnic Products”
№ of decision and
adoption date
№ 770
of 16 August 2011
Effective date
15 February 2012
1 June 2012
“On Safety of Packaging”
№ 878
of 9 December 2011
№ 769
of 16 August 2011
1 July 2012
“On Safety of Toys”
№ 798
of 23 September 2011
1 July 2012
“On Safety of Products for Children and Adolescents”
№ 797
of 23 September 2011
1 July 2012
“On Safety of Perfume and Cosmetic Products”
№ 799
of 23 September 2011
1 July 2012
“On Safety of Light Industry Products”
№ 876
of 9 December 2011
№ 826
31 December 2012
“On Safety of Personal Protective Equipment”
“On Requirements for Automobile and Aviation
Gasoline, Diesel and Marine Fuel, Jet Fuel and Mazut
Heating Oil”
of 18 October 2011
1 June 2012
34 Customs Union technical regulations adopted
13 Technical Regulations CAME INTO FORCE in 2013
Name of technical regulation
“On Safety of Low Voltage Equipment”
“On Safety of Equipment for Explosive Environments”
“On Safety of Machines & Equipment”
“On Safety of Lifts”
“On Safety of Equipment Using Gaseous Fuel”
“Electromagnetic Compatibility of Technical Means”
“On Safety of Food Products”
“On Safety of Grain”
“Food Products Labeling”
“Technical regulation on Fruit and Vegetable
Juice Products”
“Technical regulation on Oil and Fat Products”
№ of decision and adoption
date
Effective date
№ 768
of 16 August 2011
№ 825
of 18 October 2011
№ 823
of 18 October 2011
№ 824
of 18 October 2011
№ 875
of 9 December 2011
№ 879
of 9 December 2011
№ 880
of 9 December 2011
№ 874
of 9 December 2011
№ 881
of 9 December 2011
№ 882
of 9 December 2011
15 February 2013
№ 883
of 9 December 2011
1 July 2013
15 February 2013
15 February 2013
15 February 2013
15 February 2013
15 February 2013
1 July 2013
1 July 2013
1 July 2013
1 July 2013
1 July 2013
“On Safety of Certain Types of Specialized Food Products Including Therapeutic and
Preventive Dietary Food”
№ 34 оf 15 June 2012
“Safety Requirements for Food Additives, Flavorings
№ 58 оf 20 July 2012
1 July 2013
Customs Union Technical regulations
in force and coming into force in 2014
10
In force as of:
1 February 2014 :
• “On Safety of Small Size Vessels”
• “On Safety of Equipment Operating under
Manometrical Pressure”
1 March 2014 :
• “On Requirements for Lubricants, Oils and Special Liquids”
Coming into force on:
1 May 2014:
• «On safety of milk and dairy products»
• «On safety of meat and meat products»
1 July 2014:
• “On Safety of Furniture Products”
• “On Safety of Explosives and Products on their Basis”
2 August 2014:
“On safety of :
• High-speed Railway Transport”
•Railway Rolling Stock”
•Railway Transport Infrastructure”
Customs Union Technical regulations
coming into force in 2015
3
on 1 January 2015:
• “On Safety of Wheeled Vehicles”
on 5 February 2015:
• “Road Safety”
• “On Safety of Agricultural and Forestry Tractors and Trailers”
Draft Customs
Проекты
union Technical
технических
regulations
регламентов
being planned for
Таможенного союза,
adoption
планируемые
in 2014
к принятию
8
7
• “On Safety of Detergents and Household Chemicals”
• “On Safety of Paints and Coatings”
• “On Requirements for Fertilizers”
• “On Safety of Buildings, Construction Materials and Products”
• “On Safety of Alcoholic Products”
• “Technical regulation for Tobacco Products”
• “On Safety of Fish and Fishery Products”
еес
EURASIAN
ECONOMIC
COMMISSION
Application of Standards for Presumption of Conformity with the
Requirements of Technical Regulations of the Customs Union
| 20
Lists of standards
Standards necessary for
compliance with the
requirements of technical
regulations (applied on a
voluntary basis)
Standards containing rules
and methods of
researches (tests) and
measurements for
conformity assessment



During the transition period (before GOST is
adopted) national (state) standards of the
Customs Union member states, included in the
Lists, may be applied:
 GOST R
 Standards of the Republic of Belarus
 Standards of the Republic of Kazakhstan
 other documents approved by the Parties
(testing procedures, codes of practice, etc.)
Manufacturer has a right to choose any type
stipulated by the technical regulation
Declaring of goods in done only by the
manufacturer
IMPLEMENTATION OF REQUIREMENTS
OF THE CU TECHNICAL REGULATIONS
Lists of standards were adopted for 32 CU Technical Regulations
Number of voluntary standards,
Total / inc. GOST
Number of documents on test methods
Total / incl. GOST /besides measurements procedures
3474 / 1701
GOST – 49%
4050 / 2089 / 610
GOST – 51%
1299
122
134
599
221
223
More than 8000
documents
350
106
The Russian
Federation
The Republic of
Kazakhstan
Number of GOSTs being developed by
the CU member countries
The Republic of
Belarus
On the basis of
national standards
On the basis of
harmonized national
interstate standards
Number of GOSTs to be developed
according to the programme :
On the basis of
international and
European standards
ISO, IEC, EN
To review standards
Number of GOSTs to be
developed according to the
programme :
For the first time
GOSTs on 23 programs are
required to be developed ,
Total
Standardization programs for 23 CU technical regulations
are adopted
843
Application of interstate GOST standards, which are common for all member states of the Customs Union
COOPERATION IN TECHNICAL REGULATION
Memorandum of Understanding between
the Eurasian Economic Commission
and the Interstate Council on standardization, metrology and certification
on cooperation in standardization and ensuring the uniformity of measurements
Memorandum of Understanding between
the Eurasian Economic Commission
and the International Electrotechnical Commission
Road map on cooperation in technical regulation
and standardization
Cooperation perspectives:
International Organization for Standardization
EEC Cooperation with the Interstate Council on standardization,
metrology and certification (EASC)
Memorandum of Understanding
between the Eurasian Economic Commission and the Interstate Council on
standardization, metrology and certification
on cooperation in standardization and ensuring the uniformity of measurements
Cooperation between the Parties will be maintained in the following areas:
 Development of interstate standards and using national standards, harmonized with
international standards as a basis for development of interstate standards in the priority
sectors of economy, related to common interests
 Using the interstate standards to ensure compliance with the technical regulations’
requirements
 Enhancement of the interstate standardization system in accordance with international
practices
 Harmonization of the rules and methods of research (tests) and measurements with the
international requirements
 Carrying out of activities to ensure the uniformity of measurements
EEC cooperation
with the International Electrotechnical Commission (IEC)
Memorandum of Understanding between the Eurasian Economic
Commission and the International Electrotechnical Commission
in the field of technical regulation and standardization
Cooperation between the Parties will be maintained in the following
areas:
•
exchange of information that is of mutual interest, including scientific, technical
and technological information, publications and other information in the field of
technical regulation and standardization;
•
exchange of experience in the field of establishment of technical requirements to
the electrotechnical products;
•
holding of consultations on issues arise in the field of technical regulation of
electrotechnical products;
•
participation of the EEC experts in the work of the IEC technical committees;
•
other forms.
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
boitsov@eecommission.org
www.eurasiancommission.org
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