TECHNICAL REGULATION IN THE CUSTOMS UNION AND

THE SINGLE ECONOMIC SPACEPart I

2014

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

The Customs Union | 2

170 million people, more than 20 m. sq. km,

15% of the world land surfaceGDP amounts 4% of the

global GDPTotal volume of foreign trade:

$ 913 billion

Phases of the integration process | 3

Economic Union

Free Trade Areas

Single Economic Space

Customs Union

I

II

III

IVPhases

Single Economic Spaceof Belarus, Kazakhstan and Russia

| 4

Four economic freedoms: free movement of goods, services, capital and labor force

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

Countries of the Customs Union are strategic associates, political, economic and trade partners. Integrated connections between them were built on principles of the WTO

Principles of creation of the Single Economic Space

| 5| 5

National regime

Common principles of regulation

Supranational regulation

Establishing a supranational body

FREE MOVEMENT OF GOODS

Mutual recognition

Non-discrimination

Harmonization

Equivalence

Less number of licensing procedures and more responsibility

- 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

Eurasian Economic Commission

Supranational body is a common permanent regulatory body

| 6

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 administrationEstablishment of mandatory requirements to products (technical regulation)Sanitary, veterinary and phyto-sanitary measures Establishment of trade regimes with third countries …

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)

Supreme Eurasian Economic Council (The Heads of States or Governments of the Parties)

Competition and Antitrust Regulation Trade

Technical regulation

Customs PolicyEnergy and Infrastructure Advisory Bodies

Economy and Financial Policy

Industry and Agriculture

Integration and Macroeconomics

Departments DepartmentsDepartments

Department for Sanitary, Phytosanitary and Veterinary

measures

Department for technical regulation and accreditation

Eurasian Economic Commission

Supreme Bodies and organizational structure of the Eurasian Economic Commission

Sub-committees

Consultative Committee for Technical regulation, Sanitary,

Phytosanitary and Veterinary measures

EEC decision making process

EEC Departments

EEC Advisory Bodies

EEC Council

EEC Board

Supreme Eurasian Economic Council

1. Departments analyze initiatives within their competence

3. The issue is submitted for consideration at the Board’s meeting

4. The issue is submitted for consideration at the Council’s meeting

2. Member States analyze the issue and make the comments

5. The issue is submitted for consideration at the Supreme Eurasian Economic Council’s meeting

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)

Board makes a decision on the issues within its competence

Council makes a decision on the issues within its competence

The Supreme Council makes a decision on the issue

National bodies of the

Mem

ber States of the CU

and the C

ES

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 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 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

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

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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

8 Technical Regulations CАME INTO FORCE in 2012

 Name of technical regulation 

№ of decision and adoption date Effective date

“On Safety of Pyrotechnic Products”№ 770

of 16 August 201115 February 2012

“On Safety of Personal Protective Equipment”№ 878

of 9 December 20111 June 2012

“On Safety of Packaging”№ 769

of 16 August 20111 June 2012

“On Safety of Toys”№ 798

of 23 September 20111 July 2012

“On Safety of Products for Children and Adolescents”№ 797

of 23 September 20111 July 2012

“On Safety of Perfume and Cosmetic Products”№ 799

of 23 September 20111 July 2012

“On Safety of Light Industry Products”№ 876

of 9 December 20111 July 2012

“On Requirements for Automobile and Aviation Gasoline, Diesel and Marine Fuel, Jet Fuel and Mazut

Heating Oil”  

№ 826

of 18 October 2011

31 December 2012

13 Technical Regulations CAME INTO FORCE in 2013Name of technical regulation 

 № of decision and adoption

dateEffective date

“On Safety of Low Voltage Equipment”№ 768

of 16 August 201115 February 2013

“On Safety of Equipment for Explosive Environments”№ 825

of 18 October 201115 February 2013

“On Safety of Machines & Equipment”№ 823

of 18 October 201115 February 2013

“On Safety of Lifts”№ 824

of 18 October 201115 February 2013

“On Safety of Equipment Using Gaseous Fuel”№ 875

of 9 December 201115 February 2013

“Electromagnetic Compatibility of Technical Means”№ 879

of 9 December 201115 February 2013

“On Safety of Food Products”№ 880

of 9 December 20111 July 2013

“On Safety of Grain”№ 874

of 9 December 20111 July 2013

“Food Products Labeling”№ 881

of 9 December 20111 July 2013

“Technical regulation on Fruit and VegetableJuice Products”

№ 882of 9 December 2011

1 July 2013

“Technical regulation on Oil and Fat Products”№ 883

of 9 December 20111 July 2013

“On Safety of Certain Types of Specialized Food Products Including Therapeutic and Preventive Dietary Food”

№ 34 оf 15 June 20121 July 2013

“Safety Requirements for Food Additives, Flavorings and Technological Aids”

№ 58 оf 20 July 2012 1 July 2013

34 Customs Union technical regulations adopted

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 in force and coming into force in 2014

10

on 1 January 2015: • “On Safety of Wheeled Vehicles”

on 5 February 2015:• “Road Safety”• “On Safety of Agricultural and Forestry Tractors and Trailers”

Customs Union Technical regulations coming into force in 2015

3

Проекты технических регламентов Таможенного союза, планируемые к принятию

• “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”

8

Draft Customs union Technical regulations being planned for adoption in 2014

7

| 20Application of Standards for Presumption of Conformity with the Requirements of Technical Regulations of the Customs Union

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

еес EURASIAN ECONOMIC COMMISSION

IMPLEMENTATION OF REQUIREMENTS OF THE CU TECHNICAL REGULATIONS

Lists of standards were adopted for 32 CU Technical Regulations

Application of interstate GOST standards, which are common for all member states of the Customs Union

Number of voluntary standards,Total / inc. GOST

Number of documents on test methodsTotal / incl. GOST /besides measurements procedures

3474 / 1701GOST – 49%

4050 / 2089 / 610GOST – 51%

Standardization programs for 23 CU technical regulationsare adopted

More than 8000documents

GOSTs on 23 programs are required to be developed ,

Total

Number of GOSTs to be developed according to the

programme :

Number of GOSTs to be developed according to the programme :

Number of GOSTs being developed by the CU member countries

For the first time

To review standards

On the basis of

international and

European standards

ISO, IEC, EN

On the basis of harmonized

national interstate

standards

On the basis of national standards

The Republic of Belarus

The Republic of Kazakhstan

The Russian Federation

1299 122 134 599 221 223 350 106 843

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

COOPERATION IN TECHNICAL REGULATION

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) 669-25-21boitsov@eecommission.org

www.eurasiancommission.org