On the ratification of the Agreement on the Procedure for handling products within the Framework of the Eurasian Economic Union, the requirements for which are not established by the Technical regulations of the Eurasian Economic Union, and the rules for ensuring the safety of such products

The Law of the Republic of Kazakhstan dated May 13, 2021 No. 40-VII SAM.

      To ratify the Agreement on the procedure for handling products within the framework of the Eurasian Economic Union, the requirements for which are not established by the technical regulations of the Eurasian Economic Union, and the Rules for ensuring the safety of such products, concluded in Moscow on February 3, 2020.

     President of the Republic of Kazakhstan

K. TOKAEV

Agreement on the procedure for handling products within the framework of the Eurasian Economic Union, the requirements for which are not established by the technical regulations of the Eurasian Economic Union, and the rules for ensuring the safety of such products  

     (Entered into force on February 11, 2022, Bulletin of International Treaties of the Republic of Kazakhstan 2022, No. 1, art. 3)  

     The member States of the Eurasian Economic Union, hereinafter referred to as the Member States,

      based on the provisions of the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter referred to as the Treaty),

     based on the need to ensure the production and circulation of safe products within the framework of the Eurasian Economic Union (hereinafter referred to as the Union),

     have agreed on the following:

Article 1    

     1. This Agreement defines the procedure for the circulation within the Union of products not included in the unified list of products for which mandatory requirements are established within the Union (hereinafter referred to as the unified list), as well as products included in the unified list, but for which the technical regulations of the Union have not been adopted or have not entered into force, except with the exception of the products specified in paragraph 2 of this article, and the rules for ensuring the safety of such products.

     2. The provisions of this Agreement shall not apply to:

     a) defense products (works, services) to ensure the interests of defense and security, including products (works, services) supplied under a state defense order, used for the purpose of protecting information constituting a state secret (state secrets) or related to information protected in accordance with the laws of the States- members of other restricted access information of products (works, services), information about which constitutes a state secret, state secrets), products (works, services) and facilities for which safety requirements are established in the field of atomic energy use, as well as design processes (including surveys), production, construction, installation, commissioning, operation, storage, transportation, sale, disposal, burial of specified products and specified facilities;

     b) used products;

     c) medicines;

     d) medical products (medical devices and medical equipment).

     3. This Agreement does not apply to legal relations related to the application of sanitary, veterinary-sanitary and quarantine phytosanitary measures.

Article 2

     For the purposes of this Agreement, concepts are used that mean the following::

     "safe products" - products that, when operating conditions (use, application) are met, taking into account their characteristics and consumer properties (including composition, shelf life), as well as, if necessary, the conditions of installation, commissioning, operation, storage, transportation, sale and disposal, including the need for maintenance) does not pose a risk;

     "withdrawal of products" is an event aimed at preventing the release and circulation of dangerous products within the Union;

     "labeling" means information in the form of signs, symbols, inscriptions, drawings and other designations applied to products, packaging, label, label, leaflet or any other type of information carrier prescribed by the legislation of the Member States, attached to, embedded in, or attached to a package, and intended to provide identification products and informing the buyer (consumer) about their composition, consumer properties and recommendations for operation (use, application);

     "product circulation" - the processes of product movement from the manufacturer to the buyer (consumer) after its delivery or import (including after shipment from the manufacturer's warehouse or shipment without warehousing) for the purpose of distribution in the territories of the Member States in the course of commercial activities on a gratuitous or reimbursable basis;

     "dangerous products" - products that, when operating conditions (use, application) are met, taking into account their characteristics and consumer properties, including composition, shelf life (service life), as well as, if necessary, installation, commissioning, operation, storage, transportation, sale and disposal, including the need for maintenance), pose a risk.;

     "product recall" is an event aimed at returning (including temporarily) dangerous products that have been put into circulation and are being circulated within the Union, as well as dangerous products sold to the buyer (consumer);

     "consumer" is an individual who intends to order (purchase) or orders (purchases, uses) products exclusively for personal (household) needs unrelated to business activities.;

     "acquirer" is a legal entity or individual, including a consumer, who intends to order (purchase) or order (purchase, use) products for any legitimate purpose.

     Other concepts used in this Agreement are applied in the meanings defined by the Agreement.

Article 3

     1. The safety of the products specified in paragraph 1 of Article 1 of this Agreement is ensured by legal entities or individuals registered as individual entrepreneurs, their authorized representatives, including manufacturers, persons authorized by the manufacturer, importers and sellers engaged in the production and (or) sale of products at all stages of its life cycle (during design (including surveys), manufacturing, construction, installation, commissioning, operation, storage, transportation, sale and disposal) in accordance with the legislation of the Member States, taking into account this Agreement.

     2. Responsibility for the release and circulation of dangerous products within the Union is established in accordance with the legislation of the Member States.

Article 4

      1. When developing (designing) the products specified in paragraph 1 of Article 1 of this Agreement, technical solutions should be used to establish the properties (indicators, characteristics) of the products ensuring their safety. If necessary, safety systems (elements) should be provided to protect against possible risks, and (or) information should be provided on the safe operating conditions (use, application) of products, including for certain categories of consumers, especially vulnerable to the risks that such products may pose during their operation (use, application).

      2. When manufacturing the products specified in paragraph 1 of Article 1 of this Agreement, the stability of the properties (indicators, characteristics) of safety at the level specified in the development (design) of such products must be ensured.

      3. When handling products specified in paragraph 1 of Article 1 of this Agreement within the Union, it must be ensured that the safety properties (indicators, characteristics) of the products are maintained at the level specified during the development (design) and manufacture of such products, taking into account the shelf life (service life).

Article 5

     1. In order to ensure the safety of products not included in the unified list, as well as products included in the unified list, but for which mandatory safety requirements are not established in accordance with the legislation of the Member States, the manufacturer (a person authorized by the manufacturer) must proceed from:

     a) the need to take into account the characteristics of the product (including its composition), packaging requirements, the availability of instructions (manuals) for its operation (use, application) and, if necessary, instructions for its installation, start-up, regulation and running-in;

     b) information about the impact of such products on other products, if there is information or reasonable assumptions about the possibility of using these products in conjunction with other products.;

     c) the need to provide the acquirer (consumer) with information about the product and its labeling, as well as instructions (manuals) for its operation (use, application), disposal and/or other indications, including other information about the product (including, in some cases, recommendations and/or restrictions on its use use during the shelf life), as well as information about possible risks that may be posed by the installation, commissioning, operation (use, application) of products, and, if necessary, ways to eliminate them;

     d) reasonable assumptions about the possibility of using products for other purposes, when such use may pose a risk;

     e) the need to provide information on the exploitation, use, and use of products by certain categories of consumers, including minors, pregnant women, nursing mothers, and the disabled.

2. The manufacturer (a person authorized by the manufacturer) ensures the safety of the products specified in paragraph 1 of this Article, their compliance with the properties stated in the labeling and information on the basic consumer properties and safety of the products provided by the manufacturer to the buyer (consumer) (subject to compliance with the recommendations (instructions) and (or) restrictions on operation (use, for use) during the shelf life (service life) of the product specified by the manufacturer).

     3. The application by the manufacturer on a voluntary basis in the manufacture of products specified in paragraph 1 of this Article, interstate standards and (or) national (state) standards of the Member States, which apply to these products, is a sufficient condition for compliance with the requirements specified in paragraph 2 of this Article and ensuring product safety.

     Non-application of interstate standards and (or) national (state) standards of the Member States, which apply to such products, cannot be considered as non-compliance with the requirements specified in paragraph 2 of this Article, and cannot be a condition for considering products as dangerous.

     4. In order to ensure the safety of operation (use, application) of the products specified in paragraph 1 of this Article, their storage, transportation and disposal, the seller (importer) is obliged to comply with the conditions established by the manufacturer and bring them to the attention of the buyer (consumer), including by including them in the accompanying documentation for the product, its labeling or in any other way.

Article 6

     1. In order to ensure the safety of products included in the unified list for which technical regulations of the Union have not been adopted or have not entered into force, Member States may establish in their legislation rules for the release of products into circulation and mandatory safety requirements.

     Products subject to mandatory safety requirements in accordance with the legislation of the Member States are considered safe if they comply with these requirements.

     2. Information on mandatory safety requirements for the products specified in paragraph 1 of this Article, the forms of assessment of compliance of such products with the specified requirements, as well as bodies assessing the conformity of such products, indicating the names of such products and documents establishing mandatory safety requirements, shall be sent by the Member States to the Eurasian Economic Commission.

     The Eurasian Economic Commission ensures that this information is posted on the official website of the Union.

     3. The Member States shall inform each other and the Eurasian Economic Commission about the establishment of rules for the release into circulation and mandatory safety requirements for products included in the unified list for which the technical regulations of the Union have not been adopted or have not entered into force, no later than 180 calendar days before the date of entry into force of these standards.

Article 7

     1. In order to ensure the safety of products not included in the unified list, as well as those included in the unified list of products for which the technical regulations of the Union have not been adopted or entered into force and mandatory safety requirements have not been established in accordance with the legislation of the Member States, the Member States, in accordance with their legislation, take measures to prevent damage related to the handling of dangerous products, in case of its detection (including the seizure and recall of dangerous products).

     2. In order to implement this Agreement, the Member States shall ensure that product safety monitoring is carried out in accordance with their legislation, including collecting and analyzing information on identified cases of harm related to the handling of dangerous products and the degree of risk of harm and (or) damage to human life and (or) health, property, environment, life and (or) health of animals and plants.

     Information on identified cases of harm related to the handling of dangerous products and (or) damage to human life and (or) health, property, the environment, life and (or) health of animals and plants is subject to posting in the general information resources of the integrated information system of the Union.

     The procedure for the presentation, collection, generalization of information and its placement in the common information resources of the integrated information system of the Union is determined by the Eurasian Economic Commission.

Article 8

     Disputes between the Member States related to the application and/or interpretation of this Agreement shall be resolved in accordance with the procedure established by the Treaty.

Article 9

     1. This Agreement is an international agreement concluded within the framework of the Union and is included in the law of the Union.

     2. This Agreement shall enter into force upon the expiration of 30 calendar days from the date of receipt by the depositary through diplomatic channels of the last written notification on the completion by the Member States of the internal procedures necessary for the entry into force of this Agreement.

     3. By mutual agreement of the Member States, amendments may be made to this Agreement, which are formalized in separate protocols and are an integral part of this Agreement.

     Done in Moscow on February 3, 2020, in one original copy in Russian.

     The original copy of this Agreement shall be kept at the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.

For the Republic

Armenia

For the Republic

Belarus

For the Republic

Kazakhstan

For Kyrgyz

The Republic

For the Russian

The Federation

      I hereby certify that this text is a complete and authentic copy of the Agreement on the Procedure for Handling Products within the Framework of the Eurasian Economic Union, the requirements for which are not established by the Technical Regulations of the Eurasian Economic Union, and the Rules for ensuring the safety of such Products, signed on February 3, 2020 in Moscow.:  

      for the Republic of Armenia – Deputy Prime Minister of the Republic of Armenia Mikhail Grigoryan;    

      for the Republic of Belarus – Deputy Prime Minister of the Republic of Belarus I.V. Petrishenko;  

      for the Republic of Kazakhstan – First Deputy Prime Minister of the Republic of Kazakhstan – Minister of Finance of the Republic of Kazakhstan A. A. Smailov;  

      for the Kyrgyz Republic – Deputy Prime Minister of the Kyrgyz Republic J. P. Razakov;  

      for the Russian Federation – First Deputy Chairman of the Government of the Russian Federation – Minister of Finance of the Russian Federation A. G. Siluanov.  

     The original copy is kept at the Eurasian Economic Commission.

     Director      

Legal Department        

Of the Eurasian Economic Commission

V. I. Taraskin        

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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