Customs Union: International Legal Aspects of Technical Regulation. Customs Union: International Legal Aspects of Technical Regulation Status of Technical Regulation in the Customs Union

Decision No. 132 dated November 27, 2009 “On unified non-tariff regulation customs union Republic of Belarus, Republic of Kazakhstan and Russian Federation» The Commission of the Customs Union decided:

From January 1, 2010, the governments of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation to apply prohibitions and restrictions in trade with third countries to goods included in the Unified List of Goods subject to prohibitions or restrictions on import or export by the CU member states within the framework of the EurAsEC in trade with third countries.

From January 01, 2010, the authorized state executive authorities of the CU member states to issue licenses and permits for the export and import of goods in accordance with the Agreement on Licensing Rules in the Field of Foreign Trade in Goods dated June 09, 2009.

Establish that export and import licenses or other permits for the export or import of goods issued by the authorized state executive authorities of the CU member states before January 01, 2010 are valid until their expiration date.

The agreement on the circulation of products subject to mandatory assessment (confirmation) of conformity in the customs territory of the Customs Union was adopted by the Decision of the Interstate Council of the EurAsEC No. 27 dated December 11, 2009 in order to:

Creation of the customs territory and formation of the Customs Union;

Creation of conditions for ensuring the free circulation of products (goods) in the customs territory of the Customs Union;

Determining the procedure for importing into the customs territory and moving between the territories of the CU member states of products subject to mandatory assessment (confirmation) of conformity.

The agreement applies to products subject to mandatory conformity assessment (confirmation) imported into the Common Customs Territory, as well as products moved from the territory of one CU state to the territory of other CU states.

The Agreement applies to products until the entry into force of the Technical Regulations of the Eurasian Economic Community for these products.

Products are allowed for circulation on the territory of the CU state in accordance with the legislation of this state and this Agreement.

Products in respect of which the members of the Customs Union have established the same mandatory requirements, the same forms and schemes for confirming conformity, as well as using the same or comparable methods of research (testing) and measuring products during the confirmation of conformity, are allowed for circulation in the Common Customs Territory if they have passed the established conformity assessment procedures on the territory of any of the CU states subject to the following conditions:



Certification of operating systems included in the Unified Register;

Conducting tests in testing laboratories (ICs) included in the Unified Register;

Certificates of conformity and declarations of conformity are drawn up in accordance with the Unified Form

When confirming the conformity of products, the results of product tests (test reports) obtained in any state of the Customs Union are recognized as a certification body included in the Unified Register of another state of the Customs Union - the country of destination, subject to the following conditions:

Application of the same or comparable methods of research (testing) and measurement of products;

Carrying out tests in the testing laboratory (IC) included in the Unified Register.

Decision of the Commission of the Customs Union No. 319 dated June 18, 2010 "On technical regulation in the Customs Union" approved and entered into force on 01.07.2010:

Regulations on the procedure for including certification bodies and testing laboratories (centers) in the Unified Register of OS and IL (IC) of the TS, as well as its formation and maintenance

Regulations on the procedure for the formation and maintenance of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in accordance with the Unified Form

Unified forms of the certificate of conformity and declaration of conformity

Regulations on the procedure for importing products (goods) subject to mandatory assessment (confirmation) of conformity into the customs territory of the Customs Union

Regulations on the Coordinating Committee for Technical Regulation, Application of Sanitary, Veterinary and Phytosanitary Measures



A single list of products subject to mandatory assessment (confirmation) of conformity within the framework of the Customs Union

Products not included in the Unified List are subject to mandatory assessment (confirmation) of conformity in accordance with the national legislation of the CU member states. The period of validity of the certificate of conformity issued under the Unified Form and the declaration of conformity for products under the Unified Form should not exceed 5 years. As one of the documents for issuing a declaration of conformity according to the Unified Form for products included in the Unified List, certificates of conformity issued in the national systems of conformity assessment (certification) of the CU member states by conformity assessment bodies included in the Unified Register of bodies for certification and testing laboratories (centers) of the Customs Union. Tests for the issuance of certificates of conformity and execution of declarations of conformity according to the Unified Form are carried out by testing laboratories (ICs) included in the Unified Register. The issuance of certificates of conformity and registration of declarations of conformity in accordance with the Unified Form for products included in the Unified List is carried out by certification bodies (assessment (confirmation) of conformity) included in the Unified Register.

Certificates of conformity issued in accordance with the Unified Form and accepted declarations of conformity of products are documents confirming the conformity of products with the requirements of the national legislation of the member states of the Customs Union. The unified list is valid for a specific type of product until the entry into force of the unified technical regulation(s) for this type of product for the CU member states. Products are excluded from the Unified List from the date of entry into force of these regulations in all member states of the Customs Union. When sold on the territory of a member state of the Customs Union, products included in the Unified List must be labeled in accordance with the national legislation of this state. For the purposes of using the Unified List, it is necessary to be guided by the names of products, as well as codes of the Commodity Nomenclature foreign economic activity Customs Union.

Apply national lists of products subject to mandatory assessment (confirmation) of conformity and the Unified List of Products.

Provide:

Formation and maintenance of the national parts of the Unified Register of OS and IL (IC) of the Customs Union;

formation and maintenance of the national parts of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in accordance with the Unified Form, as well as prompt placement of them on their official websites with access to them;

issuance of certificates of conformity prepared according to the Unified Form;

Organization of work on certification and registration of declarations of conformity for products included in the Unified List of Products.

The submission of a customs declaration for products must be accompanied by the submission to the customs authorities of one of the following documents of conformity:

Certificate of Conformity/Declaration of Conformity and other documents stipulated by the legislation of the Member State of the Customs Union, on the territory of which the goods are placed under customs procedures;

Certificate of Conformity of the Customs Union, issued in accordance with the Unified Form, for goods included in the Unified List.

Until 01.10.2010, proposals should be prepared for the unification of product nomenclatures of national lists from 01.01.2011, taking into account:

Application of mandatory certification only in relation to products whose circulation is associated with a high risk of harm to the life and health of citizens;

Prevention of simultaneous mandatory assessment (confirmation) of the conformity of the finished product and its components (materials, components and assemblies).

Until 01.01.2012, for products included in the Unified List of Products, at the applicant's choice, certificates / declarations of conformity are issued according to the Unified Forms and / or certificates / declarations of conformity in accordance with the laws of the member states of the Customs Union. For foreign manufacturers located outside the territory of the CU member states, declarations of conformity in accordance with the Unified Form are not issued. Labeling of products included in the Unified List of Products is carried out in accordance with the legislation of the country of destination. By 01.09.2010, proposals should be prepared for the transition from 01.01.2011 to the notification (declarative) procedure for filing a declaration of conformity, including providing the possibility of submitting it in electronic form and for harmonizing the CU legislation in the field of confirmation compliance, taking into account the practice of the European Union, in terms of the transition from mandatory certification to declaration of conformity.

Decision No. 343 of August 17, 2010 "On issues of technical regulation in the Customs Union" The CCC approved the Unified Register of Certification Bodies and Testing Laboratories (Centers) of the Customs Union and approved the draft Regulation on the procedure for developing, adopting, amending and canceling the technical regulations of the Customs Union. Among the most important details of this solution, it is worth noting:

The technical regulations of the Customs Union are developed only for products included in the Unified List, if the EurAsEC technical regulations have not been adopted for such products. In case of adoption of the technical regulation of the EurAsEC in relation to products for which the technical regulation of the Customs Union has been adopted, the technical regulation of the Customs Union or its corresponding part shall be terminated from the date of entry into force of the technical regulation of the EurAsEC. Technical regulations of the CU are approved by the CCC and have direct effect throughout the customs territory of the CU.

The technical regulations of the Customs Union may contain specific requirements that reflect the features associated with the climatic and geographical features of the CU member states or technological factors, and are valid only on the territory of such states. Mandatory confirmation of product compliance with the requirements of the technical regulations of the Customs Union is carried out in the form of a declaration of conformity or certification. Procedures for assessment (confirmation) of conformity are established in the technical regulations of the Customs Union on the basis of standard schemes for assessment (confirmation) of conformity.

The task was given to the Coordinating Committee for Technical Regulation, the Application of Sanitary, Veterinary and Phytosanitary Measures to submit proposals on the EurAsEC technical regulations for consideration by the CCC, which must be adopted as a matter of priority as technical regulations of the CU, and the member states of the CU to work out the issue of suspending the entry into force of national technical regulations , objects of regulation, which coincide with the objects of technical regulations of the EurAsEC and the issue of clarifying the scope of distribution and application of documents confirming the compliance of products with the established requirements in the field of technical regulation and sanitary measures within the framework of the Customs Union.

The same Decision of the CCC approved the Unified Principles of Harmonization in terms of establishing liability for violation of the requirements of the legislation of the CU member states and the legislation of the CU in the field of technical regulation, including for unreliable (unreasonable) adoption of a declaration of conformity.

Violation by the manufacturer (a person acting as a foreign manufacturer, seller) of the requirements of technical regulations or other mandatory requirements for products established in accordance with the legislation on technical regulation, as well as the release into circulation (sale) of products that do not meet the requirements of technical regulations.

Non-submission or evasion by the manufacturer (a person performing the functions of a foreign manufacturer, the seller) from the submission of products, documents or information necessary for the implementation of state control (supervision);

Submission for the purposes of assessment or confirmation of conformity by an accredited testing laboratory (center) of unreliable results of research (tests) and (or) measurements of products;

Violation of the rules for performing work on certification, as well as the issuance of a certificate of conformity or the adoption of a declaration of conformity in violation of the requirements of the legislation on technical regulation.

It is proposed to provide for the establishment of comparable amounts of fines imposed in all member states of the customs union (taking into account the degree of danger of the offense).

By the decision of the CCC No. 344 dated August 17, 2010 it has been established that manufacturers of products of the CU member states have the right to accept declarations of conformity of products with national technical regulations or declarations of conformity for products included in the national lists of products subject to mandatory conformity assessment provided for by the legislation of any of the CU member states and release products into circulation on the territory of the Customs Union, without involving residents (legal entities) of the Member State of the Customs Union, on the territory of which the above products are put into circulation.

At the same time, the products must comply with the requirements of the legislation of the Member State of the Customs Union, on the territory of which the above products are put into circulation, and the registration of the above declarations of conformity must be carried out in a certification body accredited in accordance with the requirements of the legislation of this state.

In accordance with the Agreement on the circulation of products subject to mandatory assessment (confirmation) of conformity in the customs territory of the Customs Union (hereinafter referred to as the CU) dated December 11, 2009 No. 27, the following was approved:

A unified list of products subject to mandatory confirmation of conformity, with the issuance of unified documents;

The procedure for the formation and maintenance of the Unified Register of issued certificates of conformity and declarations of conformity, including unified forms of a certificate of conformity and a declaration of conformity.

According to the Agreement, products are allowed for circulation in the single customs territory if they have passed the established conformity assessment procedures in the territory of any of the States of the Parties subject to the following conditions:

Certification by a certification body included in the Unified Register;

Carrying out tests in testing laboratories (centers) included in the Unified Register;

Certificates of conformity and declarations of conformity are drawn up in a single form.

Confirmation of quality and issuance of a certificate of conformity to the Customs Union takes place on the basis of uniform standards and requirements of the Member States of the Customs Union. Therefore, one of the priority areas is the development of the Technical Regulations of the Customs Union. This is necessary to protect markets from low-quality imports of goods throughout the CU and to reduce trade barriers. From January 1, 2012, the general technical regulations of the EurAsEC are introduced, according to which conformity will be confirmed within the framework of the Customs Union. Also by this time it is planned to harmonize the mechanisms of supervision and control over compliance with the requirements of the TR.

Customs Union- a new form of trade and economic integration of the former allied states: Belarus, Kazakhstan and Russia.

The formation of the Customs Union provides for the creation of a Common Customs Territory, within which customs duties and economic restrictions are not applied, with the exception of special protective, anti-dumping and countervailing measures. Within the framework of the Customs Union, a single customs tariff and other uniform measures for regulating trade in goods with third countries are applied.

When confirming the conformity of products, the results of product tests (test reports) obtained in any state of the Customs Union are recognized as a certification body included in the Unified Register of another state of the Customs Union - the country of destination, subject to the following conditions:

Application of the same or comparable methods of research (testing) and measurement of products;

Carrying out tests in the testing laboratory (IC) included in the Unified Register.

Products not included in the Unified List are subject to mandatory assessment (confirmation) of conformity in accordance with the national legislation of the CU member states.

The period of validity of the certificate of conformity issued under the Unified Form and the declaration of conformity for products under the Unified Form should not exceed 5 years.

As one of the documents for issuing a declaration of conformity according to the Unified Form for products included in the Unified List, certificates of conformity issued in the national systems of conformity assessment (certification) of the CU member states by conformity assessment bodies included in the Unified Register of bodies for certification and testing laboratories (centers) of the TS.

Tests for the issuance of certificates of conformity and execution of declarations of conformity according to the Unified Form are carried out by testing laboratories (ICs) included in the Unified Register.

The issuance of certificates of conformity and registration of declarations of conformity in accordance with the Unified Form for products included in the Unified List is carried out by certification bodies (assessment (confirmation) of conformity) included in the Unified Register.

Certificates of conformity issued in accordance with the Unified Form and accepted declarations of conformity of products are documents confirming the conformity of products with the requirements of the national legislation of the member states of the Customs Union.

A single list is valid for a specific type of product until the entry into force of a single (s) technical (their) regulation (s) for this type of product for the member states of the Customs Union.

Products are excluded from the Unified List from the date of entry into force of these regulations in all member states of the Customs Union.

When sold on the territory of a member state of the Customs Union, products included in the Unified List must be labeled in accordance with the national legislation of this state.

Technical regulations of the Customs Union are developed only in relation to products included in the Unified List, if the technical regulations of the EurAsEC have not been adopted for such products. In case of adoption of the technical regulation of the EurAsEC in relation to products for which the technical regulation of the CU has been adopted, the technical regulation of the CU or its corresponding part shall be terminated from the date of entry into force of the technical regulation of the EurAsEC.

The technical regulations of the CU may contain specific requirements that reflect the features associated with the climatic and geographical features of the CU member states or technological factors, and are valid only on the territory of such states.

Technical regulation as a tool for the formation of a single economic space. The main direction of development of work on technical regulation in Russia is to integrate the country into international activities to form a unified system of technical regulation on the territory of the Customs Union (hereinafter referred to as the CU)" and the Eurasian Economic Community (EurAsEC).

The formation of a unified system of technical regulation will be facilitated by the creation of a common economic space of the CIS countries and the implementation of the Roadmap for a common economic space with the European Union.

The member countries of the EurAsEC are Belarus, Kyrgyzstan, Kazakhstan, Russia, Tajikistan. Observer countries are Armenia, Moldova, Uzbekistan, Ukraine.

Technical regulation within the framework of the Customs Union is carried out in accordance with the Agreement on Uniform Principles and Rules for Technical Regulation in the Customs Union (Appendix 1).

Agreement on Uniform Principles and Rules for Technical Regulation in the Customs Union (Agreement). It performs the role of a supranational law in the field of technical regulation.

In Art. 1 of the Agreement (see Annex 1) defines the concept of "technical regulation of the Customs Union" (hereinafter referred to as TR CU) as an interstate document that establishes mandatory requirements for the objects of the regulation and is approved by a special supranational body - Commission of the Customs Union (similar to the EU Commission - the highest executive body of the European Union).

In accordance with paragraph 4 of Art. 3 and paragraph 3 of Art. 5 TR TS are intended to replace national TRs in the mandatory area. In accordance with Art. 2 TR CU have direct effect on the entire territory of the CU. This is one of the fundamental differences between the TR CU and the technical regulations of the Eurasian Economic Community (hereinafter referred to as the TR EurAsEC), accession to which is carried out by ratifying international treaties within the framework of the EurAsEC by each of the parties.

Subjects of technical regulation in the Customs Union are:

  • Commission of the Customs Union (since January 1, 2012 - the Eurasian Economic Commission);
  • empowered national authorities for technical regulation of the states of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan (hereinafter referred to as the Bodies of the parties);
  • Coordinating Committee for Technical Regulation, Application of Sanitary, Veterinary and Phytosanitary Measures (hereinafter referred to as the Committee).

Commission TC supervises the work on technical regulation. An important function of the Commission is to consider the draft TR CU and adopt it. The Commission accepts documents in the field of technical regulation - unified lists of products (a fragment of the Unified List is shown in Appendix 9), lists of certification bodies and testing laboratories (centers), unified documents, Regulations on the procedure for importing products, etc.

The working body of the Commission is the Secretariat of the Commission.

Bodies of the parties form and maintain the national parts of the Unified Register of certification bodies and testing laboratories, the Unified Register of issued certificates of conformity and registered declarations of conformity. The national authorities of the Party responsible for the development of the TR CU develop the draft TR CU taking into account the proposals of the authorities of the Parties and the current national TRs. The bodies of the Parties shall publish the text of the adopted TR CU on the official websites and in the official printed publication of the technical regulation bodies of the Parties.

Coordinating Committee solves such problems as coordinating the decisions of the authorized bodies of the parties; consideration of issues of violation of the mandatory requirements established in the regulatory acts of the Customs Union; preparation of recommendations for improving activities in the field of technical regulation; analysis of the practice of applying sanitary, veterinary and phytosanitary measures within the framework of the Customs Union

The governments of the CU countries made conceptual decisions on the transition in the field of technical regulation to uniform mandatory requirements for products and rules for their admission to the common market by adopting technical regulations. Within the framework of the Customs Union, it is planned to develop and adopt 57 TRs.

The object of technical regulation in accordance with Art. 3 of the Agreement is a single list of products for which mandatory requirements are established within the framework of the Customs Union (hereinafter referred to as the Single List).

This list includes 61 objects - groups of homogeneous products, including consumer goods such as food, toys, perfumes and cosmetics, furniture products, synthetic detergents, low-voltage equipment, etc. (see the fragment of the Unified List in Appendix 9 ).

For products included in the single list, for which the CU TR or EurAsEC TR have not entered into force, the norms of the CU legislation or the legislation of the Parties in the field of technical regulation apply.

A single list and the procedure for one hundred introductions are approved by the CU Commission. The Parties do not allow the establishment in their legislation of mandatory requirements for products that are not included in a single list.

CU TRs are developed only for products included in the unified list, if EurAsEC TRs have not been adopted for such products.

Purposes and structure of developed technical regulations do not fundamentally differ from the described technical regulations of the Russian Federation.

In the structural element "Safety clause" there are provisions according to which Member States, guided by the protection of their legitimate interests, can take measures to prevent access to the market for products that do not comply with the TR. In addition, provisions are cited for States that have applied a safeguard clause to notify other Member States of the withdrawal from the market of such products.

In accordance with the decision of the Commission of the Customs Union, products are marked with the Unified Mark of Circulation on the Market of the Member States of the Customs Union (Fig. 8, b).

From the date of entry into force of the TR CU in the territories of the Parties, the relevant mandatory requirements established by the legislation of the Parties shall not apply.

The regulatory legal framework of the Customs Union and the procedure for confirming the requirements of the TR CU are discussed in Sec. 7 ch. 4.

State supervision over compliance with the requirements of technical regulations is carried out in the manner prescribed by the legislation of each Party.

The authorized bodies of the Parties, when establishing non-compliance with the requirements of the TR CU or when hazardous products are identified, send relevant information as soon as possible to Integrated information system of foreign and mutual trade The Customs Union, notify the authorized bodies of other Parties about this and take measures to prevent such products from entering the territory of the Parties.

Responsibility for non-compliance with the requirements of TR CU is established by the legislation of each Party.

Program for the development of technical regulations is determined as a result of an agreed decision of the governments of the CU countries. A conceptual decision was made on the transition in the field of technical regulation to uniform mandatory requirements for products and rules for their admission to the common market by adopting uniform supranational technical regulations.

DECISION

On technical regulation in the customs union

Customs Union Commission decided:

1. Approve:

Regulations on the procedure for including certification bodies and testing laboratories (centers) in the Unified Register of certification bodies and testing laboratories (centers) of the Customs Union, as well as its formation and maintenance (Appendix No. 1);

Regulations on the procedure for the formation and maintenance of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in accordance with the Unified Form (Appendix No. 2);

Unified forms of the certificate of conformity and declaration of conformity (Appendix No. 3);

Regulations on the procedure for importing products (goods) subject to mandatory assessment (confirmation) of conformity into the customs territory of the customs union (Appendix No. 4);

Regulations on the Coordinating Committee for Technical Regulation, Application of Sanitary, Veterinary and Phytosanitary Measures (Appendix No. 5);

Unified list of products subject to mandatory assessment (confirmation) of conformity within the framework of the customs union with the issuance of unified documents (hereinafter referred to as the Unified List of Products) (Appendix No. 6).

2. Instruct the authorized body of the Russian Federation, together with the authorized bodies of the Republic of Belarus and the Republic of Kazakhstan, to prepare for publication a Unified list of products, including a list of regulatory documents establishing uniform mandatory requirements for the above products from among the interstate and national (state) standards of the member states of the customs union.

3. The Secretariat of the Commission of the Customs Union, the authorized bodies of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan, by June 30, 2010, publish the Unified List of Products, taking into account paragraph 2 of this Decision.

4. From July 1, 2010, the Governments of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation to apply the lists of products subject to mandatory assessment (confirmation) of conformity, in accordance with the legislation of the member states of the customs union (hereinafter referred to as the national lists) and the Unified list of products in accordance with Appendix No. 6 to this Decision.

5. From July 1, 2010, the authorized bodies of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation shall ensure:

formation and maintenance of national parts of the Unified Register of Certification Bodies and Testing Laboratories (Centers) of the Customs Union in accordance with Appendix No. 1 to this Decision;

formation and maintenance of the national parts of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in accordance with the Unified Form, as well as their prompt placement on their official websites with access to them in accordance with Appendix No. 2 to this Decision;

issuance of certificates of conformity prepared according to the Unified Form in accordance with Appendix No. 3 to this Decision;

organization of work on certification and registration of declarations of conformity for products included in the Unified List of Products, issuedin accordance with Appendix No. 3 to this Decision.

6. From July 1, 2010, the authorized bodies of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation in the field of customs administration, when exercising customs control of products (goods) included in the Unified List of Products and national lists, should be guided by Appendix No. 4 to this Decision.

7. By October 1, 2010, the Parties shall prepare proposals for the unification of national list product nomenclatures from January 1, 2011, taking into account:

Application of mandatory certification only in relation to products whose circulation is associated with a high risk of harm to the life and health of citizens;

Prevention of simultaneous mandatory assessment (confirmation) of the conformity of the finished product and its components (materials, components and assemblies).

8. The authorized bodies of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, by October 1, 2010, shall prepare proposals for the inclusion of perfumery, cosmetics and food products in the Unified List of Products from January 1, 2011.

9. Install that:

Until January 1, 2012, for products included in the Unified List of Products, at the choice of the applicant, certificates of conformity are issued and declarations of conformity are issued according to uniform forms and / or certificates of conformity and declarations of conformity in accordance with the laws of the member states of the customs union;

For products of foreign manufacturers located outside the territory of the Member States of the Customs Union, certificates of conformity or declarations of conformity are issued in accordance with the legislation of the Member State of the Customs Union, or certificates of conformity according to the Uniform Form;

10. Establish that the labeling of products included in the Unified List of Products is carried out in accordance with the legislation of the country of destination.

11. The authorized body of the Russian Federation, by June 25, 2010, to submit to the authorized bodies of the Republic of Belarus and the Republic of Kazakhstan, the mock-up of the certificate blank, issued in a single form in accordance with Appendix 3 to this Decision, agreed by the member states of the customs union, for its further production in the states - members of the customs union.

12. Parties:

12.1. together with the Secretariat of the Commission of the Customs Union, by August 1, 2010, develop and submit for consideration by the Commission the basic principles for harmonizing the laws of the Member States of the Customs Union in terms of liability measures applicable to legal entities and individuals for violation of the requirements of the legislation of the Member States of the Customs Union and legislation customs union in the field of technical regulation, including for unreliable (unreasonable) declaration;

prepare proposals for making changes before January 1, 2011 in the legislation of the member states of the customs union in accordance with the specified principles approved by the Commission;

On the transition from January 1, 2011 to the notification (declarative) procedure for filing a declaration of conformity, including with the possibility of its submission to the authorized bodies in the field of technical regulation of the member states of the customs union in electronic form;

- on harmonization of the legislation of the customs union in the field of confirmation of conformity, taking into account the practice of the European Union, in terms of the transition from mandatory certification to declaration of conformity.

13. The Parties, by June 25, 2010, submit to the Secretariat of the Commission of the Customs Union a list of certification bodies and testing laboratories (centers) in accordance with Appendix No. 1 to this Decision, notifying the other two Parties of the decision.

14. Ask the Parties to consider the draft Procedure for the development, adoption, amendment and cancellation of the technical regulations of the Customs Union and submit it to the Secretariat of the Commission of the Customs Union by July 10, 2010 (Appendix No. 7).

15. Paragraph 1 of this Decision shall enter into force on July 1, 2010.

Members of the Customs Union Commission:

From the Republic
Belarus

From the Republic
Kazakhstan

From the Russian
Federations

A. Kobyakov

U. Shukeyev

I. Shuvalov

In the autumn of 2007, the Treaty on the Establishment of the Customs Union was signed. This international organization includes Kazakhstan, Russia and Belarus. The regulatory body of the organization is the Commission of the Customs Union.

The main goals of the creation of this organization are to ensure favorable conditions for trade between the member states of the Customs Union, as well as the rapid development of such a phenomenon as the economic integration of the member countries in the format international organization.

Documents regulating the processes of technical regulation

Technical regulation and metrology within the framework of the international organization Customs Union is carried out in accordance with several normative and legislative documents adopted by the Commission.

The main regulatory documents are:

  • Customs Code of the Customs Union,
  • Agreement on uniform principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation,
  • Agreement on the circulation of products subject to mandatory assessment (confirmation) of conformity in the customs territory of the customs union,
  • Customs Union Agreement on Veterinary and Sanitary Measures,
  • Agreement of the customs union on sanitary measures, etc.

All of the above regulatory documents were adopted by the EurAsEC Interstate Council. This body already unites 5 countries.

On the territory of the Russian Federation, as the main document regulating the procedure of technical regulation, the Federal Law on Technical Regulation is in force. The Federal Law on Technical Regulation spells out all aspects of technical regulation procedures in our country.

Within the framework of the Customs Union, the following works have been carried out:

  • Designated authorized bodies (in Russia - this is the Ministry of Industry and Trade);
  • The Unified Register of Testing Laboratories and Certification Centers in the Customs Union has been created;
  • Unified standard forms of supporting documents have been adopted;
  • A list (single) of goods subject to mandatory confirmation of conformity has been created;
  • A schedule has been drawn up for the adoption of technical regulations for products, many of which have already been adopted during the work of the Customs Union.

How technical regulation is carried out within the framework of the customs union

In order to obtain a supporting document for a particular product, for its further sale on the territory of the Customs Union, it is recommended to contact a certification body that has received the appropriate accreditation. Our company is one of the best centers of expertise and certification in Russia.

We assist in the preparation of supporting documents for products and services according to a single model of the Customs Union in accordance with the requirements specified in the Unified list of products subject to confirmation of conformity within the Customs Union.