TECHNICAL REGULATION IN THE CUSTOMS UNION AND THE SINGLE ECONOMIC SPACE Part II

1. 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

2. Legal Framework for Technical Regulation within the Customs Union and the Single Economic Space Legal framework of the Customs Union and the Single Economic Space on technical regulation 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

3. 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 forthe purpose of presumption of conformity.

4. Technical regulations of the Customs Union 66objects THE UNIFIED LIST OF PRODUCTS for which the Customs Union mandatory requirements are established Technical Regulations of the Customs Union Plan of development of the Customs Union technical regulations for 2012 – 2013 34are adopted 26are planned 24 entered into force in 2012 – 2013 10 will enter into force in 2014 – 2015 10draftsof the CU ТRs are developed 16CU 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 than8000documents

5. THE UNIFIED LIST OF PRODUCTS for which the Customs Union mandatory requirements are set 66objects of technical regulation: 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 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 Decision of the EEC Council of 23rd November 2012 №102

6. THE UNIFIED LIST OF PRODUCTS for which the Customs Union mandatory requirements are set 66objects of technical regulation: 44. Synthetic detergents 45. Household chemical goods 46. 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 liquids 51. Systems and meters of water, gas, heating energy and electricity 52. Measuring units for oil and oil processing products 53. 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 fuel 62. Materials that come in contact with human skin 63. Products intended for civil protection and defense in emergency situations of natural and anthropogenic character 64. Oil made ready for transportation and (or) use 65. Natural inflammable gas made ready for transportation and (or) use 66. Main pipelines for the transportation of liquid and gaseous hydrocarbons Decision of the EEC Council of 23rd November 2012 №102

7. Approved by the Decision of EEC Council on 20.06.2012 №48 | 7 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 • uploadingby 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. example Transition periods for CU TR 004/2011 «On safety of low voltage equipment» EEC Board Decision on 04.12.2012 № 247 CCU Decision on 16.08.2011 № 768Publication of The transition period for products that were not previously subject to mandatory assessment before 15.11. 2013 CU TR on 02.09.2011 The preparatory periodbefore cominginto force Circulation of products until the end of their duration Delivery under the laws of the country of destination or in accordance with the requirements of CU TR CU TR come into force on 15.02. 2013 The end of transition period on 15.03.2015

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

10. 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.

11. 11 Decision of the EEC Board dated 25 December 2012 № 293 UNIFIED FORMS OF DOCUMENTS FOR CONFORMITY ATTESTATION Single certificate of conformity Single declaration of conformity

12. 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: 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 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

13. 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

14. 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: 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

15. 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 standardsISO /IEC 17000 series • Peer assessment • Common system of professional training and proficiency testing of certification bodiesexperts and laboratories personnel • Unified procedurefor handling claims and complaints to the activity of CertificationBodies and Testing Laboratories included in the Unified Register of the Customs Union

16. 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

17. 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

18. Thank you for attention ! Moscow, Letnikovskayastr, 2 bldg. 1, +7 (495) 669-25-21 boitsov@eecommission.org www.eurasiancommission.org