On the ratification of the Agreement on Principles and Approaches of State Control (Supervision) over Compliance with the Requirements of the Technical Regulations of the Eurasian Economic Union in order to harmonize the legislation of the Member States of the Eurasian Economic Union in this area
The Law of the Republic of Kazakhstan dated November 24, 2022 No. 160-VII SAM
To ratify the Agreement on Principles and Approaches for the Implementation of State Control (Supervision) over Compliance with the Requirements of the Technical Regulations of the Eurasian Economic Union in order to harmonize the legislation of the Member States of the Eurasian Economic Union in this area, signed in Moscow on February 16, 2021.
President of the Republic of Kazakhstan
K. TOKAEV
Agreement on principles and approaches for the implementation of State control (supervision) over compliance with the requirements of the Technical Regulations of the Eurasian Economic Union in order to harmonize the legislation of the Member States of the Eurasian Economic Union in this area
The member States of the Eurasian Economic Union, hereinafter referred to as the Member States,
in accordance with the second paragraph of paragraph 4 of Article 53 of the Treaty on the Eurasian Economic Union dated May 29, 2014,
Recognizing the need to bring together the legislation of the Member States in the field of state control (supervision) over compliance with the requirements of the technical regulations of the Eurasian Economic Union (hereinafter — the Union),
Attaching great importance to the production and circulation of safe products in the territories of the Member States,
have agreed on the following:
Article 1
This Agreement defines the principles and approaches for the implementation in the Member States of state control (supervision) over compliance with the requirements of the technical regulations of the Union (hereinafter referred to as State control (supervision)) in order to harmonize the legislation of the Member States in this area.
Article 2
Compliance by legal entities and individuals registered as individual entrepreneurs (hereinafter referred to as individual entrepreneurs) with the mandatory requirements established by the technical regulations of the Union in relation to products and (or) processes related to product requirements for design (including surveys), production, construction, installation, commissioning, operation, storage, transportation, sale and disposal (hereinafter referred to as the stages of the product life cycle), is subject to state control (supervision).
The responsibility for non-compliance with the requirements of the technical regulations of the Union, depending on the stage of the product life cycle, is borne by legal entities or individual entrepreneurs, including manufacturers, persons authorized by the manufacturer, importers and sellers engaged in the production and (or) conformity assessment of technical regulation facilities, and (or) the release into circulation, and (or) the sale of products., as well as conformity assessment bodies (including certification bodies, testing laboratories (centers)), assessing the compliance of technical regulation facilities with the requirements of the technical regulations of the Union, in accordance with the legislation of the member States.
Article 3
State control (supervision) is carried out by the state control (supervision) bodies of the Member States authorized in accordance with the legislation of the Member States (hereinafter referred to as the State control (supervision) bodies), based on the following principles:
presumption of good faith of legal entities and individual entrepreneurs;
transparency of the activities of state control (supervision) bodies;
ensuring consumer protection;
the consistency of state control (supervision);
professionalism and competence of officials of state control (supervision) bodies;
respect for the rights and legitimate interests of the audited legal entities and individual entrepreneurs;
observance of legality in the appointment and conduct of state control (supervision) measures, making decisions on their results;
independence of state control (supervision) bodies from manufacturers, sellers, performers and purchasers (including consumers);
the inadmissibility of combining the powers of state control (supervision) with the powers of accreditation by one body of a member State, with the exception of the exercise by the accreditation body of a member State of control over the activities of accredited conformity assessment bodies of the Member States (including certification bodies, testing laboratories (centers));
objectivity and impartiality of officials of state control (supervision) bodies;
state financing of the activities of state control (supervision) bodies;
prioritization of the prevention of an offense over punishment (except in cases where failure to take measures to identify and suppress the distribution of products that do not comply with the requirements of the technical regulations of the Union may lead to harm to human life and/or health, animal and plant life and/or health, and harm to the environment);
assessment of the risk of violation of the requirements established by the technical regulations of the Union;
It is unacceptable for several state control (supervision) bodies of a member State to carry out inspections of compliance with the same mandatory requirements established by the technical regulations of the Union in respect of a single legal entity or individual entrepreneur.
Article 4
1. In order to optimize and increase the effectiveness of state control (supervision) in the member States, a risk-based approach is applied, providing for the implementation of state control (supervision) based on an assessment of the risk of violation of the requirements established by the technical regulations of the Union, based on the results of which the form, duration, and frequency of state control (supervision) activities are selected.
2. The rules for risk assessment in order to choose the form, duration, and frequency of state control (supervision) activities are determined in accordance with the legislation of the Member States.
Article 5
1. State control (supervision) is carried out taking into account the provisions of this Agreement on the basis of analysis and forecasting of compliance with the requirements of the technical regulations of the Union and taking measures to prevent, identify, and suppress the circulation in the territories of the Member States of products that do not comply with the requirements of the technical regulations of the Union, and (or) eliminate the negative consequences of violations of the requirements of the technical regulations of the Union by carrying out state control (supervision) measures provided for by the legislation of the Member States.
2. The analysis and forecasting of compliance with the requirements of the technical regulations of the Union include the study and generalization:
1) information about legal entities and individual entrepreneurs who are applicants for the assessment of compliance of technical regulation facilities with the requirements of the technical regulations of the Union, including research (testing) and measurements;
2) information obtained based on the results of state control (supervision) activities;
3) information on technical regulation facilities that do not comply with the requirements of the technical regulations of the Union, as well as on cases of harm to human life and (or) health, animal and plant life and (or) plant health, and environmental damage identified in accordance with the legislation of the Member States, including information received from the media.
Article 6
1. When carrying out state control (supervision) activities, state control (supervision) bodies do not have the right to require a legal entity or an individual entrepreneur to provide information that was previously provided in accordance with the legislation of the member States or that can be obtained by state control (supervision) bodies in accordance with the legislation of the member States from state information systems., registers and registers formed and operating in accordance with international treaties and acts constituting the law of the Union, and the legislation of the Member States.
2. Within the framework of state control (supervision), the rules and methods of research (testing) and measurements are applied, including the rules for sampling contained in standards or other documents included in the lists of international and regional (interstate) standards, and in their absence - national (state) standards containing rules and methods of research (testing) and measurements, including the rules for sampling necessary for the application and fulfillment of the requirements of the relevant technical regulations of the Union and the assessment of conformity of technical regulation facilities, approved by the Eurasian Economic Commission (hereinafter referred to as the Commission) in accordance with paragraph five of paragraph 4 of the Protocol on technical regulation within the framework of the Eurasian Economic Union (Appendix No. 9 to the Treaty on the Eurasian Economic Union dated May 29, 2014) (hereinafter - lists of standards).
Research (tests) and measurements within the framework of state control (supervision) are carried out in testing laboratories (centers) accredited in accordance with the legislation of the Member States.
It is not allowed, within the framework of state control (supervision), to conduct research (tests) and measurements of product samples in a testing laboratory (center) in which these products were evaluated (confirmed) for compliance with the requirements of the technical regulations of the Union, except in cases where only one testing laboratory is registered as a legal entity in the territory of a member State (the center), which carries out the tests necessary for state control (supervision).
To resolve disagreements regarding the results carried out within the framework of state control. (supervision) of research (tests) and measurements, reference measurement methods (methods) are used, determined in accordance with the procedure for certification of measurement methods (methods) accepted as a reference measurement method (method), approved by the Commission, from among those included in the lists of standards.
3. State control (supervision) bodies have the right to involve experts and (or) expert organizations in carrying out state control (supervision) activities in accordance with the procedure established by the legislation of the Member States. These measures are carried out taking into account the principle of independence of these experts and expert organizations from manufacturers, sellers, performers and purchasers (including consumers).
4. Unscheduled inspections may be carried out by state control (supervision) bodies in the following cases::
1) receipt by the state control (supervision) body, in accordance with the procedure established by the legislation of the member States, of information from state bodies on violations of the requirements of the technical regulations of the Union;
2) the occurrence of a threat of causing and (or) harm to human life and (or) health, life and (or) health of animals and plants, harm to the environment;
3) in other cases provided for by the legislation of the Member States.
Article 7
1. In order to organize state control (supervision) and prevent the release into circulation and circulation in the territories of the Member States of products that do not comply with the requirements of the technical regulations of the Union, the Member States shall ensure the interaction of state control (supervision) bodies, as well as state control (supervision) bodies with bodies or legal entities authorized in accordance with the legislation of the Member State on the conduct of accreditation, including through the systematic exchange of information, organization of the exchange of experience in conducting state control (supervision).
The order of this interaction is determined by the Board of the Commission.
2. The State control (supervision) bodies use the integrated information system of the Union in order to ensure information exchange and interaction during state control (supervision).
Article 8
1. For the purpose of operational interaction between state control (supervision) bodies and other authorized bodies of the member States, when implementing common processes within the Union using the integrated information system of the Union, the functioning of the information system on dangerous products is ensured.
2. As part of the functioning of the hazardous product information system, common information resources are formed, maintained and used, as well as information is exchanged, including:
1) on the identified products that do not comply with the requirements of the technical regulations of the Union, as well as on the measures taken to prevent, identify and suppress the circulation of such products in the territories of the Member States and (or) eliminate the negative consequences of the identified violations;
2) on the identified cases of sale on the territory of a member state of products subject to mandatory conformity assessment to the requirements of the technical regulations of the Union, without documents on conformity assessment or information on its implementation;
3) on the revealed facts of violation of the requirements of the technical regulations of the Union regarding the assessment of conformity of products, including the facts of violation of the rules for certification and the facts of unreliable results of research (tests) and measurements.
3. The procedure for presenting, collecting and summarizing information, their composition, the procedure for their placement in the general information resources specified in paragraph 2 of this Article, as well as the rules for the functioning of the information system on dangerous products shall be determined by the Commission.
4. State control (supervision) bodies and other authorized bodies of the Member State shall take measures provided for by the legislation of the Member State to prevent and suppress the release into circulation and circulation in the territories of the Member States of products that do not comply with the requirements of the technical regulations of the Union, if information about such products is contained in the information system dangerous products.
Article 9
1. State control (supervision) bodies shall cooperate in order to:
1) identification of products in the territories of the member States that do not comply with the requirements of the technical regulations of the Union, including for the purpose of deciding whether to issue an order on the need to suspend or terminate (invalidate) a conformity assessment document to the body that issued this document, or to a legal entity or individual entrepreneur who accepted this document;
2) preventing the release into circulation and circulation in the territories of the Member States of products that do not comply with the requirements of the technical regulations of the Union.
2. The suspension or termination (invalidation) of conformity assessment documents is carried out by state control (supervision) bodies and (or) other authorized bodies of a Member State in accordance with the legislation of that Member State.
3. A Member State that does not agree with the results of the activities carried out by the state control (supervision) body of another Member State may apply to the Commission with a request to consider the validity (taking into account the requirements established by the technical regulations of the Union) of the measures taken by the state control (supervision) body of such Member State in relation to the relevant products..
Based on the results of consideration of such an appeal by the Board of the Commission, it may be recommended to the Member State, whose state control (supervision) body decided to apply the appropriate measure, to review the results of state control (supervision) measures, taking into account the requirements established by the technical regulations of the Union.
The procedure for consideration of these appeals is established by the Commission.
Article 10
1. The Member States shall ensure that information on state control (supervision) bodies is submitted to the Commission, indicating the regulatory legal acts granting these bodies the appropriate powers, as well as information on regulatory legal acts defining the procedure for state control (supervision) in the Member States.
2. The Commission shall ensure that the information specified in paragraph 1 of this article is posted on the official website of the Union.
Article 11
Disputes related to the application and/or interpretation of this Agreement are resolved in accordance with the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.
Article 12
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 16, 2021, in one original copy in the Russian language.
The original copy of this Agreement shall be kept in the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.
For the Republic of Armenia
For the Republic of Belarus
For the Republic of Kazakhstan
For the Kyrgyz Republic
For the Russian Federation
I hereby certify that this text is a complete and authentic copy of the Agreement on Principles and Approaches for State Control (Supervision) over Compliance with the Requirements of the Technical Regulations of the Eurasian Economic Union in order to Harmonize the Legislation of the Member States of the Eurasian Economic Union in this Area, signed on February 16, 2021 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 - A. A. Smailov;
for the Kyrgyz Republic - First Deputy Prime Minister of the Kyrgyz Republic A. E. Novikov;
for the Russian Federation - Deputy Chairman of the Government of the Russian Federation - A. L. Overchuk.
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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