CREATION OF THE MODEL OF TECHNICAL REGUALTION WITHIN COMMON ECONOMIC SPACE PRINCIPLES OF TECHNICAL REGULATION CES Common system of regulation, common technical legislation Common mandatory requirements Common.
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CREATION OF THE MODEL OF TECHNICAL REGUALTION WITHIN COMMON ECONOMIC SPACE PRINCIPLES OF TECHNICAL REGULATION CES Common system of regulation, common technical legislation Common mandatory requirements Common standards on the basis of international requirements FREE MOVEMENT OF PRODUCTS Single mechanism of conformity attestation against mandatory requirements Common mark for products circulation in the market Common principles and regulations for accreditation liability market surveillance control of products from third countries Common principles and regulations for information on dangerous products TECHNICAL REGULATION CES REGULATED AREA requirements to the objects of technical regulation mandatory for application and implementation HARMONIZED ON CES LEVEL HARMONIZED ON NATIONAL LEVEL • HORIZONTAL LEVEL OF HARMONIZATION LEGISLATION ON COMMON SAFETY OF PRODUCTS AND MARKET SURVEILLANCE • VERTICAL LEVEL OF HARMONIZATION COMMON TECHNICAL REGULATIONS SYSTEMATIC POLICY AGREEMENT IN THE FIELD OF TECHNICAL REGULATION, SANITARY AND PHYTOSANITARY MEASURES OF EurAsEC Agreement on harmonization basis of EurAsEC technical regulation Model agreement on adoption of EurAsEC technical regulation Agreement on adoption of common mark of products circulation in the EurAsEC market Creation of EurAsEC information system in the field of technical regulation, sanitary, veterinary and phytosanitary measures Products circulation agreement subject to mandatory conformity assessment (attestation) on the territory of customs union Mutual recognition of accreditation of certification (conformity attestation) bodies and testing laboratories (centers) performing conformity attestation Establishment and application of common regulatory requirements for products Establishment of common regulations in the area of conformity assessment Establishment of procedure for application of technical regulation measures in relation to third countries 4 TECHNICAL REGULATION CES CONDITIONS FOR PRODUCTS PLACING IN THE MARKET REGULATION I. Conformance to the common technical regulations Placing in the market – without additional procedures II. Conformance to national legislation Completion of procedures for conformity assessment (attestation) ТR ЕurАsEC • adopted by international agreement • subject to obligatory putting into force in all countries Principle of mutual recognition of products • there should be no obstacles for products placing in the CES market • should not create technical barriers Information of CТR Adoption of measures for ban • should not be the means for discrimination temporary restricting measures if justified tendency to harmonization 6 ADJUSTED SCHEDULE FOR DEVELOPMENT OF FIRST-PRIORITY CES TECHNICAL REGULATIONS 38 TRs 2011 - 4 2010 - 34 Expert working groups 38 WGs Started working 34 WGs • Draft ЕurAsEC ТRs are under examination by relevant group experts • Working groups meetings Russia 28 2010 - 26 2011 - 2 5 2010 - 5 Kazakhstan 3 2010 - 3 Kyrgyzstan 2 2011 - 2 Belarus On public discussion 11 TRs DEVELOPMENT OF EurAsEC TECHNICAL REGULATIONS OF TOP-PRIORITY On the base of New approach EU Directives Low voltage equipment Electromagnetic compatibility Communications facility Machinery Lifts Pressure vessels Equipment for use in potentially explosive atmospheres Appliances burning gaseous fuels Medical devices Construction products Toys Personal protective equipment TECHNICAL REGULATION CES COMMON INTERGOVERNMENTAL STANDARDS are applied on voluntary basis Conformity attestation of products to requirements of common technical regulations OBLIGATIONS OF PARTIES Principles: • openness and publicity of development processes • acceptance based on consensus • availability of standards, information about the procedure of their development, acceptance (approval) and publication • application of international and regional standards as basis • impermissibility of adoption (approval) of standards conflicting with common technical regulations As opposed to EurAsEC provisions •Implementation at the national level As identical national (governmental) standards • Cancellation of all conflicting national (governmental) standards •Notification about the beginning of the development of national (governmental) standards and termination of their development If there is decision on the development of common intergovernmental standards TECHNICAL REGULATION CES COMMON INTERGOVERMENTAL STANDARDS As opposed to EurAsEC provisions: make changes in the agreement within CIS set rules of application of intergovernmental standards (GOST) as common intergovernmental standards create appropriate structure coordinating issues on development, maintenance and updating of common intergovernmental standards Commission of customs union MANDATE for development of common intergovernmental standards Annual CES programs of standardization Mechanism of programs financing Authorized organizations for standardization Intergovernmental technical committees on standardization created within CES National standardization bodies TECHNICAL REGULATION CES ACCREDITATION Common principles and rules in the regulated area HARMONIZED AT NATIONAL LEVEL HARMONIZED AT CES LEVEL Single national body on accreditation from each Party Mutual assessment 2 1 Accreditation certificate Accreditation certificate ... Accreditation certificate N Accreditation certificate COMMON RULES, based on requirements of international standards Regional association of accreditation bodies Mutual recognition of the results of works in the field of conformity assessment conducted by certification bodies test laboratories at international level 11 AGREEMENT on mutual recognition of certification bodies and testing laboratories accreditation Accreditation body of RF Accreditation body of RK Accreditation body of RB Certification bodies Testing laboratories COMMON REGISTER OF CUSTOMS UNION CERTIFICATION BODIES AND TESTING LABORATORIES Certification bodies Testing laboratories MUTUAL RECOGNITION OF TESTING REPORTS Certification bodies Testing laboratories 7 TECHNICAL REGULATION CES ACCESS TO MARKET, CONFORMITY ASSESSMENT • Conformity to obligatory requirements • Completion of the conformity assessment procedures to that requirements in one of the CES States. Placement of products in the market Common system of conformity attestation to the obligatory requirements Forms, rules and procedures for conformity assessment Common technical regulation(s) COMMON INTERSTATE STANDARDS may be used for conformity assessment (attestation) of products to the requirements of common technical regulations on a voluntary basis 13 AGREMENT on circulation of products, subject to mandatory conformity assessment (attestation), on customs territory of the customs union Specify order of import on customs territory and movement between territories of Member states for products, subject to mandatory conformity attestation Products are allowed for circulation on the territory of the customs union Member state in compliance with the legislation of this state and the Agreement on circulation of products. • is valid before entering into force of ЕurAsEC technical regulations • ensures fulfillment of technical regulation of the country of destination • ensures mutual recognition of testing reports Соглашение об обращении продукции, подлежащей обязательной оценке (подтверждению) соответствия, на таможенной территории таможенного союза • Единый перечень продукции, подлежащей обязательной оценке (подтверждению) соответствия в рамках таможенного союза с выдачей единых документов • Единая форма сертификата соответствия • Единая форма декларации о соответствии • Единый реестр выданных сертификатов соответствия и зарегистрированных деклараций о соответствии, оформленных по единой форме • Единый реестр аккредитованных органов по сертификации, испытательных лабораторий (центров) ПОДТВЕРЖДЕНИЕ СООТВЕТСТВИЯ В ТАМОЖЕННОМ СОЮЗЕ types of products, subject to the obligatory conformity attestation obligatory requirements (GOST, GOST R, STB, ST RK, CES U.N.O. rules) forms of the obligatory conformity attestation (certification and declaration) common certificates, common declarations of compliance CONFORMITY ATTESTATION IN THE CUSTOMS UNION Unified Register of certification bodies and testing laboratories (centers) of the customs union Unified Register of issued certificates of conformity and registered declarations of compliance, arranged on common form Customs union site www.tsouz.ru Gosstandart site www.gosstandart.gov.by Circulation of products untill 1 July 2010 • National technical regulations • National lists of products for mandatory conformity assessment Import National certificate/ Declaration of country of destination Mutual deliveries Circulation on national level National certified /declaration Manufacturer, supplier, importer must have documents of three countries Circulation of products from July 1 2010 till putting into force of common technical regulations • National technical regulations • National lists of products for mandatory conformity attestation • Unified register Import Mutual deliveries Circulation on national level •Common certificate •Common certificate/declaration • Common certificate/declaration •Certificate /declaration of country of destination • Certificate /declaration of country of destination • National certificate/declaration Manufacturer has a right to accept declarations: national, of country of destination, common Supplier has a right to accept national declarations Circulation of products after putting into force of common technical regulations Common technical regulations Import Mutual deliveries Common certificate/declaration Circulation on national level TECHNICAL REGULATION CES LIABILITY Common principles Liability of manufacturer, importer for the safety of products, placed in the CES market (person, authorized by the manufacturer), according to the requirements of common technical regulations according to the obligatory requirements of national legislation Clear differentiation of liability for manufactures person, authorized by the manufacturer importers The manufacturer liability and the extent of legal protection of the customer from the damage should be EQUAL for all states TECHNICAL REGULATION CES SURVEILLANCE Common principles and rules of state control (surveillance) Common surveillance system Determining of 1independent 2 national bodies responsible for , state control (surveillance) Informing the CES Member states about such bodies and their scopes 3 Forming of integrated programme of state control (surveillance) 4 Interaction and effective exchange of information uniform rights and duties COMMON REQUIREMENTS TO THE MARKETING SURVEILLANCE SYSTEM and control of products placed in the CES market as well as REQUIREMENTS TO THE MARKET SURVEILLANCE ORGANIZATION THE RIGHTS OF EACH STATE ARE NOT RESTRICTED TECHNICAL REGULATION CES THIRD COUNTRIES Common principles and rules for control of third countries products 1 Determining of bodies responsible for control on external borders 2 Establishing of duties of bodies responsible for control on external borders 3 Interaction with surveillance bodies LEVEL OF SURVEILLANCE for products imported from third countries shall be in conformance with the LEVEL OF STATE CONTROL (surveillance) for products produced on the territory of CES TECHNICAL REGULATION CES INFORMATION SYSTEM Common principles and rules of information exchange about dangerous products Integration with other information systems within CES