TECHNICAL REGULATIONS and STANDARDS in the CUSTOMS UNION

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

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

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

4 Supreme Eurasian Economic Council level of Heads of States or level of Heads of Government EURASIAN ECONOMIC COMMISSION (EEC) Supranational governing body – a common standing regulatory body Treaty on Eurasian Economic Commission of 18. 11. 2011 Cessionary of the Customs Union Commission Main task q Provision of conditions for functioning and development of the Customs Union and Common Economic Space q Preparation of proposals for the future development of integration Scopes of activity of 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 … Council of the Commission 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 EURASIAN ECONOMIC COMMISSION (EEC) FUNCTIONS and POWERS of the EEC COUNCIL q q common regulation of integration processes in CU and CES overall management of the CES activities In the field of technical regulation q Approval of the Uniform List of Products to which mandatory requirements are applied q q Approval of the plan (program) of the technical regulations development Approval of the order of development of technical regulations Adoption and repeal of the technical regulations Approval of the lists of standards for the purpose of evaluation (attestation) of conformity with the requirements of technical regulations q Approval of the graphic representation of the single mark of the products circulation in the market of the Customs Union

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

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

8 UNIFORM LIST of PRODUCTS for which mandatory requirements within the Customs Union are established Products or processes connected with products requirements, representing the most danger for life and health of people, environment, property, economic safety of the Customs Union member-states § low-voltage 61 items of technical regulation 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 Approved by Decision No. 526 of the Customs Union Commission of 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 CUSTOMS UNION COMMON TECHNICAL REGULATIONS Uniform list of products for which mandatory requirements within the Customs Union are established 61 items products or processes connected with products requirements, representing the most danger of technical regulation Schedule of development of the priority technical regulations of the Customs Union 47 TR CU Beyond the schedule 16 TR CU Accepted by the EEC Council Are of direct effect within the common customs territory of the Customs Union

10 DEVELOPMENT of TECHNICAL REGULATIONS of the CUSTOMS UNION 31 TR CUs were adopted. They will be put in force from: 2012 – 8 TR 15. 02. 2012 § On safety of pyrotechnical devices 01. 06. 2012 § On safety of personal protective equipment 01. 07. 2012 § § § 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 Council of June 15, 2012 31. 12. 2012 § On requirements to automobile and aviation gasoline, diesel and marine fuel, jet fuel and heating oil

11 DEVELOPMENT of TECHNICAL REGULATIONS of the CUSTOMS UNION 31 TR CUs were adopted. They will be put in force from: 2013 – 13 TR 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 01. 07. 2013 § 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 regulation on oil and fat products On safety of grain

12 DEVELOPMENT of TECHNICAL REGULATIONS of the CUSTOMS UNION 31 TR CUs were adopted. They will be put in force from: 2014 – 7 TR 01. 02. 2014 § On safety of small crafts 01. 03. 2014 § On requirements for lubricants, oils and special fluids 01. 07. 2014 § 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 DEVELOPMENT of TECHNICAL REGULATIONS of the CUSTOMS UNION 31 TR CUs were adopted. They will be put in force from: 2015 – 3 TR § On safety of wheeled vehicles § On safety of agricultural and forestry tractors and their trailers § Safety of motor roads

14 IMPLEMENTATION of TECHNICAL REGULATIONS of the CUSTOMS UNION Technical regulations containing essential requirements Technical requirements containing specific requirements Standards for test methods 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 regulation of 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 conformity of 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 IMPLEMENTATION of the REQUIREMENTS of the TECHNICAL REGULATIONS of the CUSTOMS UNION Approved by the Decision of EEC Board

16 IMPLEMENTATION of the TECHNICAL REGULATIONS of the CUSTOMS UNION Requirements Technical regulation Total GOST 2 - Оn safety of personal protective equipment 179 85 On safety of toys 15 3 On safety of products intended for children and adolescents 92 57 On safety of perfumes and cosmetics 37 4 On safety of light industry products 200 167 On safety of packages 129 87 On safety of pyrotechnical devices On safety of low voltage equipment 403 188 On safety of machines and equipment 748 429 On safety of food products 345 186 GOST R STB Test methods ST RK 2 1 1 57 94 22 15 12 3 6 3 32 23 9 - 33 14 9 25 13 33 20 42 7 6 4 10 215 102 113 - 319 173 146 159 Examples - other documents, incl. procedures of measurements Total GOST - 2 - - 292 167 - 148 14 3 276 88 - 45 18 - 249 90 - 129 87 - 395 171 - 706 409 - 687 355 GOST RОСТ STB ST RK 2 1 1 125 88 26 14 7 4 11 3 42 31 11 - 23 11 44 33 9 66 16 37 - 3 6 4 224 105 119 - 297 174 123 201 - other documents, incl. procedures of measurements - 120 146 4 93 5 - 131

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

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 Development of the new intergovernmental standards on the base of the European ones Conversion of the national (governmental) standards into the intergovernmental ones Not included into the Lists of Standards under TR Included into the Lists of standards under TR It will allow in full to to ensure the compliance with the requirements of TR CU and implement conformity assessment (attestation) GOST Application of the national (governmental) standards during the transition period before development of actual intergovernmental standards

19 DEVELOPMENT of INTERGOVERNMENTAL STANDARDS for the TECHNICAL REGULATIONS of the CUSTOMS UNION Development and implementation of 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 Inclusion of the standards into the Program of works for intergovernmental standardization of EASC Development of intergovernmental standards, used for the purpose of assessment (attestation) of conformity to the technical regulation of the Customs Union mainly in the framework of the intergovernmental technical committees for standardization (МТK) of EASC 250 МТК

20 NATIONAL PLANS of STANDARDIZATION RINCIPLES of FORMATION q Preferable acceptance of the intergovernmental standards - GOST q Primary acceptance of the identical standards instead of modified ones q 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 q Elimination of duplication of themes between RF, RB and RK q Elimination of acceptance of the national alterations in GOST

21 DEVELOPMENT of the PRINCIPLES of STANDARDIZATION for the CUSTOMS UNION PRINCIPLES § Openness and publicity of 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 § Inadmissibility of acceptance (approval) of the standards which contradict to the technical regulations 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 cancel all the national (governmental) standards which contradict to intergovernmental standards § To notify of the beginning of the development of the national (governmental) standards and to stop their development by making the decision of the development of the intergovernmental standards for this standardization object Provision on the rules for carrying out works for standardization in the Customs Union CEN/CENELEC Guide 12: 2008 Draft The concept of Affiliation with CEN and CENELEC

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 – by EEC 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 TRANSITION PERIOD for APPLICATION of the INTERGOVERNMENTAL STANDARDS Simultaneous application of the developed intergovernmental standards and 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 Items of a technical regulation Article 4, point 7 Designation of a standard Date of the beginning of application Date of the end Designation of application of of the replaceable standard GOST 335 -2012 from 01. 2013 GOST 335 -99 Making an opportunity to the manufacturer for systematic transition to the new requirements before 31. 12. 2014

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

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

26 Republic of Belarus − an affiliated member of CEN and CENELEC since 01. 2010 Participation in work of technical committees as an observer Formation of the fund of the European standards More than 60 СEN/ТC (of 299) СEN CEN/СLC/JWG 1 Energy audits CEN/SS C 01 Food products CEN/SS F 05 Measuring instruments CEN/TС 44 Commercial refrigerated cabinets, catering refrigerating appliances and industrial refrigeration CEN/TС 52 Safety of toys CEN/TС 67 Ceramic tiles CEN/TС 392 Cosmetics … Fund of CEN standards 2008– 2011 4258 texts 13 СENELEC/ТC (of 65) СLC/TC 20 Electric cables CLC/TC 44 X 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 210 Electromagnetic Compatibility (EMC) СENELEC Fund of СENELEC standards 2007– 2011 7470 texts CEN/CENELEC Guide 10: Guide for distribution and sales of CEN/CENELEC publications CEN/CENELEC Guide 12: The concept of Affiliation with CEN and CENELEC

27 ESTABLISHMENT of the COMMON PRINCIPLES of RESPONSIBILITY q of a manufacturer q of a person authorized by a manufacturer q 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 EQUAL for all the states DRAFT Agreement on harmonization of legislations of the Customs Union member-states with 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 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 and rules of the state inspection (supervision) Definition of independent national authorities responsible for the state inspection (supervision) Regulation (EC) No 765/2008 Forming of common principles and rules of state inspection (supervision) Interaction and efficient information exchange Equal rights and obligations Common requirements to the system of market supervision and 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 regulation for planning of state inspection (supervision) and definition of the priority directions of the state inspection (supervision) within the Customs Union

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

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

31 INFORMATION SUPPORT Information retrieval system “Standart 3. 5 CU” Information units of the system: • International legal documents in the field of technical regulation • Technical regulations of the Customs Union • Uniform list of products, subject to mandatory conformity assessment • Standards under the technical regulations of the Customs Union and the Uniform list of products • Terminological dictionary • Comments, interpretations and recommendations • Uniform register of the accredited laboratories and certification bodies • Technical regulation news IRS “Technical Regulation in the CU and CES Customs Union legislation in the field of technical regulation

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

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

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

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