On ratification of the Agreement on Common Principles and Rules of Technical Regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation

Home / RLA / On ratification of the Agreement on Common Principles and Rules of Technical Regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation

The Law of the Republic of Kazakhstan dated June 27, 2011 No. 443-IV.

RCPI's note! The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).

To ratify the Agreement on Common Principles and Rules of Technical Regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, signed in St. Petersburg on November 18, 2010.

President

Republic of Kazakhstan

N. Nazarbayev

AGREEMENT on Common Principles and Rules of Technical Regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation (Entered into force on January 1, 2012) - Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 1, art.

The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties,

in order to deepen and accelerate integration processes in the Customs Union within the framework of the Eurasian Economic Community (hereinafter - the Customs Union) and the formation of a Single Economic Space,

Taking into account the provisions established by the Agreement on the Basics of Harmonization of Technical Regulations of the Member States of the Eurasian Economic Community dated March 24, 2005, the Agreement on the Implementation of a Coordinated Policy in the field of Technical regulation, Sanitary and Phytosanitary Measures dated January 25, 2008, the Agreement on the Circulation of Products subject to Mandatory Conformity Assessment (Confirmation) in the Customs Territory Customs Union dated December 11, 2009, Agreement on Mutual Recognition of Accreditation of Certification Bodies (Conformity Assessment (Confirmation)) and Testing Laboratories (Centers) performing Conformity Assessment (Confirmation) Work dated December 11, 2009 and the Agreement on the Customs Union Commission dated October 6, 2007,

have agreed on the following:

Article 1

1. The terms used in this Agreement mean the following:

"declaration of conformity to the technical regulations of the Customs Union" is a document by which a manufacturer (a person authorized by the manufacturer, a supplier, a seller) certifies the conformity of products in circulation with the requirements of the technical regulations of the Customs Union;

"declaration of conformity" is a form of confirmation by the manufacturer (a person authorized by the manufacturer, supplier, seller) of the conformity of products in circulation with the requirements of the technical regulations of the Customs Union;

"a single mark for the circulation of products on the market of the member states of the Customs Union" is a designation used to inform purchasers and consumers about the compliance of products in circulation with the requirements of the technical regulations of the Customs Union.;

"certificate of conformity to the technical regulations of the Customs Union" is a document by which the certification body (conformity assessment (confirmation)) certifies the conformity of products in circulation with the requirements of the technical regulations of the Customs Union;

"certification" is a form of mandatory confirmation by the certification body (assessment (confirmation) of conformity) of the conformity of products in circulation with the requirements of the technical regulations of the Customs Union;

"Technical Regulations of the Customs Union" is a document that establishes mandatory requirements for the application and execution in the customs territory of the Customs Union for products or for products and related processes of production, installation, commissioning, operation (use), storage, transportation (transportation), sale and disposal, approved by the Commission of the Customs Union.;

The "standard conformity assessment (confirmation) scheme" is a set of rules and procedures that establish standard methods for performing conformity assessment (confirmation) to the technical regulations of the Customs Union.

Other concepts used in this Agreement are applied in the meaning established by the Agreement on the Implementation of a Coordinated Policy in the field of Technical regulation, Sanitary and Phytosanitary Measures of January 25, 2008.

2. This Agreement does not apply to the establishment and application of sanitary, veterinary, sanitary and phytosanitary measures.

Article 2

1. The Parties shall pursue a coordinated policy in the field of technical regulation, guided by the provisions of Article 2 of the Agreement on the Implementation of a Coordinated Policy in the Field of Technical Regulation, Sanitary and Phytosanitary Measures of January 25, 2008.

2. The technical regulations of the Customs Union have direct effect in the customs territory of the Customs Union.

3. Assessment (confirmation) of the conformity of products in circulation with the requirements of the technical regulations of the Customs Union is carried out before their release into circulation.

4. The Parties shall ensure the circulation of products conforming to the requirements of the technical regulations of the Customs Union on their territory without presenting additional requirements for such products in relation to those contained in the technical regulations of the Customs Union and without conducting additional conformity assessment (confirmation) procedures.

5. In order to ensure comparability of the results of product conformity assessment (confirmation) with the requirements of the technical regulations of the Customs Union, the Parties shall pursue a coordinated policy aimed at ensuring the uniformity of measurements.

Article 3

1. In order to form the regulatory legal framework of the Customs Union in the field of technical regulation, the Parties form 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).

2. For products included in the unified list, in respect of which the technical regulations of the Customs Union or the technical regulations of the Eurasian Economic Community have not entered into force, the norms of the legislation of the Customs Union and the laws of the Parties in the field of technical regulation apply.

3. The unified list and the procedure for its maintenance are approved by the Commission of the Customs Union (hereinafter referred to as the Commission).

4. The Parties shall not allow the establishment in their legislation of mandatory requirements for products not included in the unified list.

Article 4

1. The technical regulations of the Customs Union are developed only for products included in the unified list, unless the technical regulations of the Eurasian Economic Community have been adopted for such products.

In case of adoption of the technical regulations of the Eurasian Economic Community in respect of products for which the technical regulations of the Customs Union have been adopted, the technical regulations of the Customs Union or its corresponding part shall terminate from the date of entry into force of the technical regulations of the Eurasian Economic Community.

2. Technical regulations of the Customs Union are developed and adopted in order to ensure the protection of human life and (or) health, property, environment, life and (or) health of animals and plants in the customs territory of the Customs Union, to prevent actions misleading consumers, as well as to ensure energy efficiency and resource conservation.

The adoption of technical regulations of the Customs Union for other purposes is not allowed.

3. The technical regulations of the Customs Union establish requirements for products or for products and related processes of production, installation, commissioning, operation (use), storage, transportation (transportation), sale and disposal, as well as rules for identification, forms, schemes and procedures for conformity assessment (confirmation).

The technical regulations of the Customs Union may also contain requirements for terminology, packaging, labeling, labels and rules for their application, sanitary, veterinary, sanitary and phytosanitary requirements and procedures.

The Technical Regulations of the Customs Union are developed in accordance with the Recommendations on the Standard Structure of the Technical Regulations of the Eurasian Economic Community, approved by the Decision of the Interstate Council of the Eurasian Economic Community dated October 27, 2006 No. 321.

4. Relevant international standards (rules, directives and recommendations and other documents adopted by international organizations for standardization) are used as the basis for the development of technical regulations of the Customs Union, except in cases where the relevant documents are missing or do not meet the objectives of the adoption of technical regulations of the Customs Union, including due to climatic and geographical factors or technological and other features, and in the case of their absence - regional documents (regulations, directives, decisions, standards, rules and other documents), national (state) standards, national technical regulations or their drafts.

5. The technical regulations of the Customs Union may contain specific requirements reflecting the specifics related to the climatic and geographical factors of the Parties or technological features, and valid only in the territories of the Parties.

Article 5

1. The procedure for the development, adoption, amendment and repeal of technical regulations of the Customs Union shall be established by the Commission.

2. The procedure for putting into effect the adopted technical regulations of the Customs Union and, if necessary, transitional provisions are determined by the technical regulations of the Customs Union and (or) the decision of the Commission on its adoption.

3. From the date of entry into force of the technical regulations of the Customs Union in the territories of the Parties, the relevant mandatory requirements established by the laws of the Parties shall not apply.

Article 6

1. For the purposes of assessing (confirming) compliance with the requirements of the technical regulations of the Customs Union, international and regional standards may be applied, and in case of their absence (before the adoption of regional standards) - national (state) standards of the Parties.

2. In order to comply with the requirements of the technical regulations of the Customs Union, the Commission approves a list of international and regional standards, and in their absence - national (state) standards of the Parties, as a result of which, on a voluntary basis, compliance with the requirements of the adopted technical regulations of the Customs Union is ensured.

3. In order to conduct research (testing) and measurement in the assessment (confirmation) of conformity of products to the requirements of the technical regulations of the Customs Union, the Commission approves a list of international and regional standards, and in their absence - national (state) standards of the Parties containing rules and methods of research (testing) and measurements, including rules for sampling, necessary for the application and fulfillment of the requirements of the adopted technical regulations of the Customs Union and the assessment (confirmation) of product conformity.

Article 7

1. Products for which the technical regulations (technical regulations) of the Customs Union have been adopted are released into circulation in the customs territory of the Customs Union, provided that they have passed the necessary conformity assessment (confirmation) procedures established by the technical regulations (technical regulations) of the Customs Union.

Assessment (confirmation) of conformity of products, established in the technical regulations of the Customs Union, is carried out in the form of registration, testing, confirmation of conformity (declaration of conformity, certification), examination and (or) in another form.

2. Mandatory confirmation of conformity of products to the requirements of the technical regulations of the Customs Union is carried out in the forms of declaration of conformity or certification. Conformity assessment (confirmation) procedures are established in the technical regulations of the Customs Union on the basis of standard conformity assessment (confirmation) schemes.

When declaring conformity, the applicant may be a legal entity or individual registered in accordance with the legislation of the Party on its territory as an individual entrepreneur, either being a manufacturer or seller, or performing the functions of a foreign manufacturer on the basis of an agreement with him in terms of ensuring compliance of the supplied products with the requirements of the technical regulations of the Customs Union and in terms of liability for non-compliance of the supplied products requirements of the technical regulations of the Customs Union (person, performing the functions of a foreign manufacturer). The circle of applicants is established in accordance with the technical regulations.

3. The voluntary application of international, regional standards and (or) national (state) standards included in the list specified in paragraph 2 of Article 6 of this Agreement is a sufficient condition for compliance with the requirements of the relevant technical regulations of the Customs Union.

Non-application of the standards included in the specified list cannot be considered as non-compliance with the requirements of the technical regulations of the Customs Union.

4. Products that comply with the requirements of the technical regulations of the Customs Union that have entered into force and apply to these products, and have passed the conformity assessment (confirmation) procedures established by the technical regulations of the Customs Union, are marked with a single product circulation mark on the market of the member States of the Customs Union.

5. Standard conformity assessment (confirmation) schemes, uniform forms of conformity assessment (confirmation) documents (declarations of conformity to the technical regulations of the Customs Union, certificates of conformity to the technical regulations of the Customs Union), the image of a single product circulation mark on the market of the member States of the Customs Union and the procedure for its application are approved by the Commission.

Article 8

1. Work on the assessment (confirmation) of conformity of products to the requirements established in the technical regulations within the Customs Union is carried out by accredited certification bodies (conformity assessment (confirmation)) and testing laboratories (centers) included in the Unified Register of Certification Bodies and Testing Laboratories (Centers) of the Customs Union, formed in accordance with the Agreement on the circulation of products subject to mandatory conformity assessment (confirmation) in the customs territory of the Customs Union dated December 11, 2009.

2. The recognition of the results of work on the accreditation of certification bodies (conformity assessment (confirmation)), testing laboratories (centers) performing work on the assessment (confirmation) of conformity of products to the requirements of the technical regulations of the Customs Union is carried out in accordance with the Agreement on Mutual Recognition of Accreditation of Certification Bodies (Conformity Assessment (confirmation)) and Testing Laboratories (centers) performing work on conformity assessment (confirmation) dated December 11, 2009, as well as with separate agreements of the Parties.

3. Recognition of the results of conformity assessment (confirmation) of products included in the unified list for which the technical regulations of the Customs Union or the technical regulations of the Eurasian Economic Community have not entered into force is carried out in accordance with the Agreement on the Circulation of Products subject to Mandatory Conformity Assessment (Confirmation) in the Customs Territories of the Customs Union dated December 11, 2009. year, as well as with separate agreements of the Parties.

Article 9

1. Responsibility for non-compliance with the requirements of the technical regulations of the Customs Union, as well as for violation of the procedures for assessing (confirming) product compliance with the requirements of the technical regulations of the Customs Union, is established by the legislation of each Party.

2. If products are found that do not comply with the requirements of the technical regulations of the Customs Union or are subject to assessment (confirmation) of compliance with the mandatory requirements established for them and are received or in circulation without a document on assessment (confirmation) of compliance and (or) without labeling with a single product circulation mark on the market of the member States of the Customs Union, the authorized bodies of each Party shall take measures to prevent the release of these products into circulation, to withdraw them from circulation in accordance with the legislation of the Party, as well as informing other Parties about it.

3. The Parties shall harmonize the legislation of each Party in the field of establishing liability for violations of the requirements of the technical regulations of the Customs Union, as well as in conducting procedures for assessing (confirming) the conformity of products with the requirements of the technical regulations of the Customs Union.

Article 10

1. State control (supervision) over compliance with the requirements of the technical regulations of the Customs Union shall be carried out in accordance with the procedure established by the legislation of each Party.

2. Authorized bodies of the Parties when carrying out state control (supervision) over the compliance of products supplied, including from third countries, with the requirements of the technical regulations of the Customs Union or mandatory requirements established by the legislation of the Parties for products for which the technical regulations of the Customs Union have not been adopted, and the classification of products in circulation as products that pose a danger to life and (or) human health, property, environment, life and (or) animal and plant health, as soon as possible (or simultaneously with the establishment of such a discrepancy or the identification of dangerous products), send relevant information to the Integrated Information System of Foreign and Mutual Trade of the Customs Union, notify the authorized bodies of the other Parties and take measures to prevent such products from entering the territory of the Parties.

Article 11

The Parties, guided by the protection of their legitimate interests, may take emergency measures to prevent the release of dangerous products into circulation.

In this case, the Party shall immediately inform the other Parties of the emergency measures taken and begin the process of consultations and negotiations on this issue.

The procedure for taking such emergency measures is determined by a separate agreement between the Parties.

Article 12

The Parties are forming an information system in the field of technical regulation of the Customs Union as part of the Integrated Information System of Foreign and Mutual Trade of the Customs Union.

Article 13

The Commission performs the following functions from the date the Parties grant it the appropriate powers:

approval of the unified list and the procedure for its maintenance;

approval of plans (programs) for the development of technical regulations of the Customs Union;

adoption, amendment and cancellation of technical regulations of the Customs Union;

establishing the procedure for the development, adoption, amendment and repeal of technical regulations of the Customs Union;

approval of the procedure for the development and approval of lists of international and regional standards, and in the absence thereof - national (state) standards provided for in paragraphs 2 and 3 of Article 6 of this Agreement;

approval of standard conformity assessment (confirmation) schemes;

approval of uniform forms of conformity assessment (confirmation) documents (declaration of conformity to the technical regulations of the Customs Union, certificate of conformity to the technical regulations of the Customs Union);

approval of the image of a single product circulation mark on the market of the member States of the Customs Union;

approval of the regulation on the single mark of product circulation on the market of the member States of the Customs Union and the procedure for its application;

approval of the regulations on the procedure for the importation into the customs territory of the Customs Union of products for which mandatory requirements are established within the Customs Union.

Article 14

1. Disputes between the Parties related to the interpretation and/or application of the provisions of this Agreement shall be resolved through negotiations and consultations.

2. If the dispute is not resolved by the Parties through consultations and negotiations within 6 months from the date of the official written request for their holding sent by one of the Parties to the dispute to the other Party to the dispute, then in the absence of any other agreement between the Parties to the dispute regarding the method of its resolution, either Party to the dispute may refer this dispute for consideration to the Court of the Eurasian Economic Community.

Article 15

By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.

Article 16

This Agreement is temporarily applied from the date of signature and is subject to ratification.

The procedure for entry into force, accession to and withdrawal from this Agreement is determined by the Protocol on the Procedure for Entry into Force of International Treaties aimed at Forming the Legal Framework of the Customs Union, withdrawal from and Accession to them dated October 6, 2007.

Done in St. Petersburg on November 18, 2010, in one original copy in Russian.

The original copy of this Agreement shall be kept by the Commission, which, as the depositary of this Agreement, will send a certified copy to each Party.

For the Republic

For the Russian

Belarus

Kazakhstan

Federations

I hereby certify that this text is a complete and authentic copy of the Agreement on Common Principles and Rules of Technical Regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, signed on November 18, 2010 in St. Petersburg.:

for the Republic of Belarus - Deputy Prime Minister of the Republic of Belarus A.V. Kobyakov,

for the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan U.E. Shukeyev,

for the Russian Federation - I.I. Shuvalov, First Deputy Chairman of the Government of the Russian Federation.

The original copy is kept in the Commission of the Customs Union.

Everything is laced, fastened

signed and sealed

10 sheets

Director of the Legal Department

The Commission's secretariat

Customs Union

N.B. Slyusar

President

Republic of Kazakhstan

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