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Antonina G . Leskova

TECHNICAL REGULATIONS and STANDARDS in the CUSTOMS UNION and the COMMON ECONOMIC SPACE. Antonina G . Leskova Deputy Director of Belarusian State Institute for Standardization and Certification. Republic of Belarus. UNECE MARS Group 12-14 September 2012.

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Antonina G . Leskova

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  1. TECHNICAL REGULATIONS and STANDARDSin the CUSTOMS UNION and the COMMON ECONOMIC SPACE Antonina G. Leskova Deputy Director of Belarusian State InstituteforStandardization andCertification Republicof Belarus UNECE MARS Group 12-14 September 2012

  2. Member-states of the Euro-Asian Economic Community 2 PARTICIPATION of the REPUBLIC of BELARUS in the REGIONAL FORMATIONS RussianFederation Republic of Belarus Republic of Kazakhstan Kyrgyz Republic Republicof Tajikistan The higher level of integration It foresees common customs territory Member-states of the Customs Union Four economic freedoms Freedom of movement of GOODS SERVICES CAPITAL PERSONS

  3. 3 PRINCIPLES of FORMATIONof the COMMON ECONOMIC SPACE • Common technical regulations • Common intergovernmental standards • Common system of conformity assessment (attestation) • Recognition of the national accreditation bodies • Ensuring uniformity of measurements • Common principles and measures of responsibility • Common supervision measures • Integrated information system of foreign and mutual trade Establishment of supranational body Harmonization Mutual recognition FREE MOVEMENT of PRODUCTS Equivalency Nondiscrimination Minimization of permissible procedures with increasing responsibility

  4. 4 SupremeEurasianEconomicCouncil level of Heads of States or level of Heads of Government EURASIAN ECONOMIC COMMISSION (EEC) Supranational governing body – a common standing regulatory body Cessionary of the Customs Union Commission Treaty on Eurasian Economic Commission of 18.11.2011 Main task • Provision of conditions for functioning and development of the Customs Union and Common Economic Space • Preparation of proposals for the future development of integration Scopes of activity ofCommission Council of the Commission • Customs and tariff and non-tariff regulation • Customs administration • Technical regulation • Sanitary, veterinary and phytosanitary measures • Intake and distribution of import duties • Establishment of trade regimes in respect of third countries • … makes decisions by consensus Board of the Commission makes decisions and recommendations by consensus or by the qualified majority with two thirds of voices Advisory committees Departments

  5. 5 EURASIAN ECONOMIC COMMISSION (EEC) FUNCTIONS and POWERS of the EEC COUNCIL • common regulation of integration processes in CU and CES • overall management of the CES activities In the field of technical regulation • Approval of the Uniform List of Productsto which mandatory requirements are applied • Approval of the plan (program) of the technical regulations development • Approvalof the order ofdevelopment of technical regulations • Adoption and repeal of the technical regulations • Approvalof the lists of standards for the purpose of evaluation (attestation)of conformity with the requirements of technical regulations • Approvalof the graphic representation of the single mark of the products circulation in the market of the Customs Union

  6. 6 COMMON TECHNICAL REGULATIONS Safety requirements in the European Union New Approach Directives Old Approach Directives Essential requirements are implemented through the standards Specific requirements Safety requirementsin the Customs Union Technical regulationsof the Customs Union Technical regulationsof the Customs Union Specific requirements Essential requirements are implemented through the standards Technical regulationsof the Customs Union • Problems • at conformity ensuring • at conformity assessment (attestation) Both essential andspecific requirements • Certification (acc. to Scheme 9с) • Registration • Declaration • Toys, Perfumes and cosmetics, Packages

  7. 7 TECHNICAL REGULATION of the CUSTOMS UNION«ON SAFETY OF TOYS» Safety requirements, different fromDirectives 88/378/ЕЕСand2009/48/ЕС Safety requirements of technical regulation are harmonized with: Particular hygienic safety requirements for toys: • sensory characteristics • physical factors • sanitary and chemical characteristics • toxicological and hygienic indicators • microbiological indicators Directive 88/378/ЕЕС Directive 2009/48/ЕС Common sanitary requirements

  8. 8 UNIFORM LIST of PRODUCTSfor which mandatory requirements within the Customs Union are established Products or processes connected with products requirements, representing the most dangerfor life and health of people, environment, property, economic safety of the Customs Union member-states 61 items of technical regulation • low-voltage equipment • lifts • machinery and equipment • building products • toys • personal protective equipment • medical devices • devices operating on gaseous fuel • equipment operating under excessive pressure • farm machinery • foodstuffs • chemical products • perfumes and cosmetics • motor-roads • furniture products • synthetic detergents • alcoholic products • grain • coil and its products Approvedby Decision No. 526 of the Customs Union Commissionof January 28, 2011 As for the products not involved into the Uniform List of Products establishment of mandatory requirements in the National Legislation is not allowed

  9. 9 CUSTOMS UNION COMMON TECHNICAL REGULATIONS Uniform list of productsfor which mandatory requirements within the Customs Union are established products or processes connected with products requirements, representing the most danger 61 items of technical regulation Schedule of development of the priority technical regulations of the Customs Union Beyond the schedule 47 TRCU 16 TRCU Accepted by the EEC Council Are of direct effect within the common customs territory of the Customs Union

  10. 10 DEVELOPMENTof TECHNICAL REGULATIONS of the CUSTOMS UNION 31 TRCUswere adopted. They will be put in force from: 2012 – 8 TR 01.06.2012 01.07.2012 31.12.2012 15.02.2012 • On safety of pyrotechnical devices • On safety of personal protective equipment • On safety of toys • On safety of products intended for children and adolescents • On safety of perfume and cosmetics • On safety of light industry products • On safety of packages Ammended by Decision No. 35 of the EEC Councilof June 15, 2012 • On requirements to automobile and aviation gasoline, diesel and marine fuel, jetfuel and heating oil

  11. 11 DEVELOPMENT of TECHNICAL REGULATIONS of the CUSTOMS UNION 31 TRCUs were adopted. They will be put in force from: 2013 – 13 TR 01.07.2013 15.02.2013 • On safety of machines and equipment • On safety of devices operating on gaseous fuel • On safety of equipment for work in explosive environments • On safety of low-voltage equipment • Electromagnetic compatibility of technical means • On safety of lifts • On safety of foodstuffs • Food products in terms of its marking • Requirements for the safety of food additives, flavorings and technological aids • On safety of certain types of specialized food products, including foods for dietary treatment and dietary preventive nutrition • Technical regulation for juice products of fruit and vegetables • Technical regulationon oil and fat products • On safety of grain

  12. 12 DEVELOPMENT of TECHNICAL REGULATIONS of the CUSTOMS UNION 31 TRCUs were adopted. They will be put in force from: 2014 – 7 TR 02.08.2014 01.02.2014 01.07.2014 01.03.2014 • On safety of small crafts • On requirements for lubricants, oils and special fluids • On safety of explosives and products based on them • On safety of furniture • On safety of railway rolling stock • On safety of high-speed railway transport • On safety of railway transport infrastructure

  13. 13 DEVELOPMENT of TECHNICAL REGULATIONS of the CUSTOMS UNION 31 TRCUs were adopted. They will be put in force from: 01.01.2015 15.02.2015 2015 – 3 TR • On safety of wheeled vehicles • On safety of agricultural and forestry tractors and their trailers • Safety of motor roads

  14. 14 IMPLEMENTATION of TECHNICAL REGULATIONS of the CUSTOMS UNION Technical requirements containing specific requirements Technical regulations containing essential requirements Standards for requirements Standards for test methods Standards for test methods Procedures of measurements Procedures of measurements Choice of the manufacturer Proof of product compliance with technical regulation requirements (including risk analysis) Application of standards Application of intergovernmental GOST standards uniform for all member-states of the Customs Union • to comply with the requirements of the technical regulationof the Customs Union as a result of use on voluntary basis • for implementation and enforcement of the requirements of the technical regulation of the Customs Union and carrying out of assessment (attestation) of conformityof products In the transition period (before adoption of GOST) the national (governmental) standards (GOST R, STB, ST RK) of the Custom Union member-states may be used

  15. 15 IMPLEMENTATION of the REQUIREMENTS of the TECHNICAL REGULATIONS of the CUSTOMS UNION Approved by the Decision of EEC Board

  16. 16 IMPLEMENTATION of the TECHNICAL REGULATIONS of the CUSTOMS UNION Examples

  17. 17 ANALYSIS of the NEED of STANDARDS DEVELOPMENT TRCU «On safety of low voltage equipment» 276 Development of the new standards (not included into the List of Standards) Conversion of the national standards into GOST (on basis of the new editions) 103 TRCU «Electromagnetic compatibility of technical means» 34 Development of the new standards (not included into the List of Standards) Conversion of the national standards into GOST (on basis of the new editions) 96 TRCU «On safety of machines and equipment» Development of the new standards (not included into the List of Standards) 416 Conversion of the national standards into GOST (on basis of the new editions) 114 33 Revision of GOST with regard to alterations to the European standards 48 Development of GOST on basis of the new editions of the International and European standards

  18. 18 PARALLEL WORK FOR DEVELOPMENT of INTERGOVERNMENTAL STANDARDS Preparation of the draft Programs (Plans) for development (amending, revision) of intergovernmental standards for TR CU In the first place Conversion of the national (governmental) standardsinto the intergovernmental ones GOST Development of the new intergovernmental standards on the base of the European ones Not included into the Lists of Standards under TR Included into the Lists of standards under TR Application of the national (governmental) standards during the transition periodbefore development of actual intergovernmental standards It will allow in full to to ensure the compliance with the requirements ofTRCUandimplement conformity assessment (attestation)

  19. 19 DEVELOPMENT of INTERGOVERNMENTAL STANDARDS for the TECHNICAL REGULATIONS of the CUSTOMS UNION Development and implementationof the target programs for development of intergovernmental standards for the products for which technical regulations of the Customs Union are prepared Draft Program (Plan) of standardization for the purpose of technical regulation of the Customs Union Inclusionof the standards intothe Program of works for intergovernmental standardization of EASC Development of intergovernmental standards, used for the purpose of assessment (attestation) of conformityto the technical regulation of the Customs Union mainly in the framework of the intergovernmental technical committees for standardization (МТK) of EASC 250 МТК

  20. Preferable acceptance of the intergovernmental standards - GOST Primary acceptance of the identical standards instead of modified ones Development of standards exceptionally on the base of the last versions of the International and regional standards Coordination of standards development between RF, RB and RK Elimination of duplication of the themes between RF, RBand RK Elimination of acceptance of the national alterations in GOST 20 NATIONAL PLANS of STANDARDIZATION RINCIPLES of FORMATION

  21. 21 DEVELOPMENT of the PRINCIPLES of STANDARDIZATION for the CUSTOMS UNION PRINCIPLES COMMITMENT of the PARTIES • To put in force on the national level in the obligatory order in each Customs Union member-state in the unified due time • To cancelall the national (governmental) standards which contradict to intergovernmental standards • To notify of the beginning of the development of the national (governmental) standardsand to stop their development by making the decision of the development of the intergovernmental standards for this standardization object • Openness and publicityof the processes of development • Acceptance on the base of consensus • Availability of standards, information of an order of their development, acceptance (approval) and publishing • Application of the International and regional standards as the basis • Inadmissibilityof acceptance (approval) of the standards which contradict to the technical regulations Provision on the rules for carrying out works for standardization in the Customs Union CEN/CENELEC Guide 12:2008 The concept of Affiliation with CEN and CENELEC Draft

  22. 22 Alteration in the Provisions on the order of forming the lists of international and regional (intergovernmental) standards and in case of their absence – of national (governmental) standards, that ensure compliance with the requirements of the Customs Union technical regulation and necessary to perform conformity assessment (attestation) Approved by the Decision No. 57 of the EEC Board of May 31, 2012 Change of the level of approval of the Lists of Standards–byEEC Board Operational efficiency of alterations Establishment of priority of the harmonized standards With the latest versions of the International and regional standards Change of the form of the Lists of Standards Establishment of the transition period If an intergovernmental standard is absent –only one national standard For a transition period before development of an intergovernmental standard

  23. 23 TRANSITION PERIOD for APPLICATION of the INTERGOVERNMENTAL STANDARDS Simultaneous application of the developedintergovernmental standardsand standards for this object of standardization, included earlier into the Lists of Standards By analogy with the EU Change of the form of the lists of standards Date of the end of application of the replaceable standard Items of a technical regulation Date of the beginning of application Designation of the replace- able standard Designation of a standard Article 4, point 7 GOST 335-99 before 31.12.2014 from 01.01.2013 GOST 335-2012 Making an opportunity to the manufacturer for systematic transition to the new requirements

  24. 24 TASKS of the INTERGOVERNMENTAL STANDARDIZATION • Improvement of planning of standards development at CIS level taking into account the Customs Union • Priority development of intergovernmental standardsfor implementation of technical regulations of the Customs Union • Increasing the level of harmonizationwith the international and European requirements • Reducing time of development of intergovernmental standards • Carrying out of inventory and assessment of the fund of the standards with the purpose of its updating • Formation of the fund of departmental documents(procedures of measurements) for the purposes of fulfilment of the technical regulations of the Customs Union • Intensification of activity of МТКand national ТC • Participation of industryin the national,intergovernmental and international standardization • Change of approaches to financingof standardization works

  25. 25 PARTICIPATION in the INTERNATIONAL and REGIONAL ORGANIZATIONS for STANDARDIZATION Republic of Belarus Full member International Organization for Standardization 58ISO/ТС 106 ISO/ТС/SС International Electrotechnical Commission 11 IEC/ТС 17IEC/ТС/SС Affiliated member European Committee for Standardization 63 СEN/ТС 3CEN/СLC/ТС European Committee for Electrotechnical Standardization 13 СLC/ТС

  26. 26 Republic of Belarus − an affiliated member ofCEN and CENELEC since 01.01.2010 Formation of the fund of the European standards Participation in work of technical committees as an observer СEN More than 60 СEN/ТC (of 299) CEN/СLC/JWG 1 Energy audits CEN/SS C01 Food products CEN/SS F05Measuring instruments CEN/TС 44 Commercialrefrigerated cabinets, catering refrigerating appliancesand industrial refrigeration CEN/TС 52 Safety of toys CEN/TС 67 Ceramic tiles CEN/TС 392 Cosmetics … Fund of CEN standards 2008–2011 4258texts 13СENELEC/ТC (of 65) СENELEC СLC/TC 20 Electric cables CLC/TC 44X Safety of machinery: electrotechnical aspects CLC/TC 61 Safety of household and similar electrical appliances CLC/TC 62 Electrical equipment in medical practice CLC/TC 210Electromagnetic Compatibility (EMC) Fund of СENELEC standards 2007–2011 7470texts CEN/CENELEC Guide 10: Guide fordistribution and sales of CEN/CENELEC publications CEN/CENELEC Guide 12: The concept of Affiliation with CEN and CENELEC

  27. 27 ESTABLISHMENT of the COMMON PRINCIPLES of RESPONSIBILITY RESPONSIBILITY • of a manufacturer • of a person authorized by a manufacturer • of an importer for the safety of the products produced for market circulation CLEAR DIFFERENTIATION of RESPONSIBILITY Responsibility and the degree of legal protection of a consumer against damage shall be EQUALfor all the states DRAFT Agreement on harmonization of legislations ofthe Customs Union member-stateswith regard to establishment of responsibility for violation of the requirements of the Customs Union legislation in the field of technical regulation, sanitary, veterinary and phytosanitary measures

  28. 28 DEVELOPMENT of the NORMATIVE LEGAL BASE of CES It is necessary to develop Common principles and rules of inspection (supervision) An agreement on the principles andrules of the state inspection (supervision) Regulation (EC) No 765/2008 Definition of independent national authorities responsible for the state inspection (supervision) Interaction and efficient information exchange Forming of common principles and rulesof state inspection (supervision) Equal rights and obligations Common requirements to the system of market supervisionand inspection of products placed in the market as well as the requirements to organization of carrying out market supervision Unified system for assessment of the degree of risk within technical regulationfor planning of state inspection (supervision) and definition of the priority directions of the state inspection (supervision) within the Customs Union

  29. 29 CREATION of the COMMON INFORMATION SYSTEMin the FIELD of INSPECTION (SUPERVISION) • Results of the governmental inspection (supervision) • Measures adopted for elimination of violations • Facts of violation of the requirements of the technical regulations of the Customs Union • Evidence of harm and damage to life and health System for exchange of information on dangerous products of the Customs Union European systems for exchange of information about dangerous products Foods and feeds Nonfoods Medicinal products

  30. 30 ESTABLISHMENT of INFORMATION SYSTEMin TECHNICAL REGULATIONwithin INTEGRATED INFORMATION SYSTEM of FOREIGN AND MUTUAL TRADE (IISFMТ) Technical regulations Standardization Accreditation Technical regulation Statistics subsystem Conformity assessment (attestation) Uniformity of measurements IISFMТ State inspection (supervision) Customs inspection Data on dangerous products Information is allocated on the different sitesof different authorities, in different software environments

  31. 31 INFORMATION SUPPORT Information retrieval system “Standart 3.5 CU” Information units of the system:

  32. 32 EURASIAN ECONOMIC COMMISSION (EEC) www.tsouz.ru

  33. 33 STATE COMMITTEE FOR STANDARDIZATION OF THE REPUBLIC OF BELARUS www.gosstandart.gov.by

  34. 34 INFORMATION RESOURCES www.belgiss.by www.tnpa.by www.gskp.belgiss.by

  35. 35 Thank you for your attention ! BELARUSIAN STATE INSTITUTE FOR STANDARDIZATION AND CERTIFICATION 3 Melezh str., Minsk 220113 Republic of Belarus tel. (017) 262 05 52 tel./fax (017) 262 15 20 e-mail: belgiss@mail.belpak.by info@belgiss.by a.leskova@belgiss.by

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