Transcript TECHNICAL REGULATIONS and STANDARDS in the CUSTOMS UNION and the COMMON ECONOMIC SPACE Antonina G.

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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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
Republic of
Tajikistan
The higher level of
integration
It foresees common
customs territory
Four economic freedoms
Freedom of movement of
GOODS
SERVICES
CAPITAL
PERSONS
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PRINCIPLES of FORMATION
of the COMMON ECONOMIC SPACE
National
treatment
Common principles
of regulation
Supranational
regulation
Establishment of
supranational body
FREE MOVEMENT of
PRODUCTS
 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
Mutual recognition
Harmonization
Nondiscrimination
Equivalency
Minimization of permissible procedures with
increasing responsibility
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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  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 of Commission
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Council of the Commission
makes decisions by consensus
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
…
Board of the Commission
makes decisions and recommendations
by consensus or by the qualified majority
with two thirds of voices
Advisory committees
Departments
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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 Products to which mandatory requirements
are applied
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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
 Approval of the graphic representation of the single mark of the products
circulation in the market of the Customs Union
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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
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9с)
Registration
Declaration
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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
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sensory characteristics
physical factors
sanitary and chemical characteristics
toxicological and hygienic indicators
microbiological indicators
Common sanitary requirements
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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
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lifts
machinery and equipment
building products
toys
personal protective
equipment
 medical devices
 devices operating on
gaseous fuel
 equipment operating under
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farm machinery
foodstuffs
chemical products
perfumes and cosmetics
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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
excessive pressure
As for the products not involved into the Uniform List of Products establishment of
mandatory requirements in the National Legislation is not allowed
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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
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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
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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
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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
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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
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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
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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
02.08.2014
 On safety of railway rolling stock
 On safety of high-speed railway transport
 On safety of railway transport infrastructure
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DEVELOPMENT
of TECHNICAL REGULATIONS of the CUSTOMS UNION
31 TR CUs were adopted. They will be put in force from:
2015 – 3 TR
01.01.2015
 On safety of wheeled vehicles
15.02.2015
 On safety of agricultural and forestry tractors and their trailers
 Safety of motor roads
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IMPLEMENTATION of TECHNICAL REGULATIONS
of the CUSTOMS UNION
Technical regulations containing
essential requirements
Technical requirements containing
specific 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 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
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IMPLEMENTATION of the REQUIREMENTS of
the TECHNICAL REGULATIONS of the CUSTOMS UNION
Approved by the Decision of
EEC Board
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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
GOST R
STB
1
57
94
22
403
188
On safety of machines and
equipment
748
429
On safety of food products
345
186
ST
RK
15
12
3
6
3
32
23
On safety of low voltage
equipment
Test methods
2
1
9
9
25
13
33
20
42
7
113
6
4
10
146
159
GOST
-
2
-
-
292
167
-
148
14
3
276
88
STB
ST
RK
2
1
88
7
1
125
26
14
4
11
3
42
31
11
other
documents,
incl.
procedures of
measurements
-
120
146
-
-
45
18
-
249
90
-
129
87
-
395
171
-
706
409
-
687
355
11
44
33
9
66
16
37
-
3
6
4
4
93
5
224
-
319
173
Total
GOST
RОСТ
23
215
102
other
documents,
incl.
procedures of
measurement
s
-
33
14
Examples
-
105
119
-
297
174 123
201
-
-
131
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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
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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
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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
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NATIONAL PLANS of STANDARDIZATION
RINCIPLES of FORMATION
 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, RB and RK
 Elimination of acceptance of the national alterations in GOST
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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
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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
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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
GOST
335-2012
Date of the
beginning of
application
Date of the end
Designation
of application of
of the replacethe replaceable
able standard
standard
from
01.01.2013
GOST
335-99
Making an opportunity to the manufacturer for
systematic transition to the new requirements
before
31.12.2014
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TASKS of the INTERGOVERNMENTAL STANDARDIZATION
 Improvement of planning of standards development at CIS level taking into account
the Customs Union
 Priority development of intergovernmental standards for implementation of technical
regulations of the Customs Union
 Increasing the level of harmonization with 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 МТК and national ТC
 Participation of industry in the national, intergovernmental and international
standardization
 Change of approaches to financing of standardization works
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PARTICIPATION in the INTERNATIONAL and REGIONAL
ORGANIZATIONS for STANDARDIZATION
Republic of Belarus
Full member
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
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Republic of Belarus − an affiliated member of CEN and CENELEC
since 01.01.2010
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 C01 Food products
CEN/SS F05 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 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 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
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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 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
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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
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CREATION of the COMMON INFORMATION SYSTEM
in the FIELD of INSPECTION (SUPERVISION)
 Results of the governmental inspection
System for exchange
of information on
dangerous products
of the Customs
Union
(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
European systems for exchange of information about dangerous products
Nonfoods
Foods
and feeds
Medicinal products
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ESTABLISHMENT of INFORMATION SYSTEM
in TECHNICAL REGULATION
within INTEGRATED INFORMATION SYSTEM of FOREIGN AND MUTUAL TRADE
(IISFMТ)
Technical regulations
Standardization
...
Technical
regulation
Подсистема
Statistics
статистики
subsystem
ИИСВВТ
Accreditation
Conformity assessment
(attestation)
Uniformity of measurements
IISFMТ
State inspection (supervision)
Таможенный
Customs
контроль
inspection
Техническое
регулирование
Data on dangerous products
Information is allocated on the different sites
of different authorities, in different software environments
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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
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EURASIAN ECONOMIC COMMISSION (EEC)
www.tsouz.ru
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STATE COMMITTEE FOR STANDARDIZATION OF THE
REPUBLIC OF BELARUS
www.gosstandart.gov.by
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INFORMATION RESOURCES
www.belgiss.by
www.tnpa.by
www.gskp.belgiss.by
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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: [email protected]
[email protected]
[email protected]