Technical Regulations of the EEU. What Is a Technical Regulation and How Is It Elaborated?

Author: Yulia Alexandrova, expert

In the territory of the Eurasian Economic Union, there are active technical regulations establishing mandatory requirements for products. Manufacturers, importers, and authorized persons of the manufacturers need to ensure compliance of the products released into EEU market circulation with the requirements of the Union’s technical regulations that they are subject to. At the same time, certification bodies are responsible for the assessment (confirmation) of product conformity with the established mandatory requirements of the Union’s technical regulations.

In this article, we will discuss the technical regulations of the Eurasian Economic Union, and the documents that establish requirements concerning the elaboration, adoption, amendment and cancellation of technical regulations and accompanying lists of standards. We will also talk about the structure and elements of a technical regulation.

What is a technical regulation? Definitions

In accordance with the Federal Law of the Russian Federation No. 184 “On Technical Regulation” dated December 27, 2002, a technical regulation is a document adopted by an international treaty of the Russian Federation subject to ratification according to the procedure established by the law of the Russian Federation, or by an international treaty of the Russian Federation ratified according to the procedure established by the law of Russian Federation, or by the Decree of the President of the Russian Federation, or by the Decree of the Government of the Russian Federation, or by a legal and regulatory document of a federal executive body responsible for technical regulation; a technical regulation sets out mandatory requirements to be applied to and fulfilled by products subject to technical regulations (meaning products, or products and related requirements to their design processes (including surveying), production, construction, assembly, adjustment, use, storage, commercial transportation, marketing and disposal).

In accordance with the Protocol on Technical Regulation within the framework of the Eurasian Economic Union (Appendix No. 9 to the Treaty on the Eurasian Economic Union), a Union’s technical regulation is a document adopted by the Eurasian Economic Commission that establishes mandatory requirements to be applied to and fulfilled by products subject to technical regulations within the territory of the Union.

The technical regulations of the Eurasian Economic Union have been adopted in the Russian Federation in accordance with the Treaty on the Eurasian Economic Union ratified by the Federal Law of the Russian Federation No. 279-FZ dated October 3, 2014.

Purposes of adopting technical regulations

In accordance with the Treaty on the Eurasian Economic Union, technical regulations of the Union are adopted for the following purposes:

— to protect the life and (or) health of persons;

— to protect property, the environment, animal and plant life and (or) health;

— to prevent any action that might mislead consumers;

— to ensure energy efficiency and resource conservation.

An adoption of Union’s technical regulations for other purposes is not allowed.

Elaborating, adopting, changing and cancelling technical regulations and accompanying lists of standards

The Decision of the Council of the Eurasian Economic Commission (EEC) No. 48 dated June 20, 2012 establishes the procedure for elaborating, adopting, changing and cancelling the technical regulations of the Eurasian Economic Union. In accordance with this Decision of the EEC Council No. 48 dated June 20, 2012, drafts of technical regulations and draft amendments to technical regulations should be elaborated following the steps (procedure) outlined below:

a) preparation of a plan for the elaboration of technical regulations and for the introduction of amendments thereto and amendments to the plan, approved by the Eurasian Economic Commission;

b) preparation of draft technical regulations (draft amendments to the technical regulations);

c) conducting a public hearing of the draft technical regulations (draft amendments to the technical regulations), including a regulatory impact assessment;

d) review of the draft technical regulations (draft amendments to the technical regulations) by internal state bodies;

e) adoption of the technical regulations (amendments to the technical regulations) by the Commission.

The Union’s technical regulations or mandatory national requirements only apply to products included in the Single List of Products and subject to mandatory requirements within the framework of the Customs Union; this List was approved by the Decision of the Customs Union Commission No. 526 dated January 28, 2011.

To assess and ensure voluntary conformity with the requirements of the Union’s technical regulations, international and regional (intergovernmental) standards may be used; in case of their absence (prior to the adoption of regional (intergovernmental) standards), national (state) standards of Eurasian Economic Union member states may be used.

The procedure for elaborating and adopting the lists of international and regional (intergovernmental) standards (and in case of their absence, national (state) standards) ensuring voluntary compliance with the requirements of the technical regulations of the Eurasian Economic Union, as well as for elaborating and adopting the lists of international and regional (intergovernmental) standards (and in case of their absence, national (state) standards) containing the rules and methods for examination (testing) and measurement, including sampling rules necessary to apply and fulfill the requirements of the technical regulations of the Eurasian Economic Union and to perform conformity assessment for products covered by technical regulations, is established by the Decision of the Council of the Eurasian Economic Commission No. 161 dated October 18, 2016.

Draft lists of standards are elaborated in accordance with the established procedure for elaborating, adopting, changing and cancelling technical regulations.

Requirements concerning the content and structure of technical regulations

The Decision of the Council of the Eurasian Economic Commission (EEC) No. 50 dated August 21, 2015 establishes the Recommendations of the Eurasian Economic Union on the Content and Model Structure of Technical Regulations. In accordance with this Decision of the EEC Council No. 50 dated August 21, 2015, technical regulations of the Union may contain the following sections:

- “Scope of use”;

- “Basic concepts”;

- “Regulations concerning product identification”;

- “Regulations concerning product circulation in the market of the Eurasian Economic Union, and (or) regulations concerning entry into use“;

- “Requirements concerning products covered by technical regulations”;

- “Ensuring the compliance of products covered by technical regulations with the requirements of the technical regulations of the Eurasian Economic Union”;

- “Conformity assessment for products covered by technical regulations”;

- “Marking with the Eurasian Conformity mark”;

- “Procedure for the entry into force of the technical regulations of the Eurasian Economic Union, and transitional provisions”.

However, you may notice that certain technical regulations of the Union are different in structure. This is due to the fact that technical regulations effective prior to the adoption of the Decision of the EEC Council No. 50 dated August 21, 2015 were subject to the Recommendations of the Eurasian Economic Community (EurAsEC) on the Model Structure of Technical Regulations, approved by the Decision of the EurAsEC Interstate Council No. 321 dated October 27, 2006.

In accordance with these Recommendations, technical regulations may contain the following structural elements:

- “Preface”;

- “Scope of use”;

- “Definitions”;

- “Regulations concerning market circulation or entry into use“;

- “Safety requirements”;

- “Conformity assessment”;

- “Marking with the Eurasian Conformity mark”;

- “Protection clause”;

- “Final provisions”;

- “Appendices”.

 

“ROSTEST” experts take an active part in working groups on amending and elaborating the technical regulations of the Union, as well as national regulations of the Russian Federation.

We would be happy to provide you with professional assistance for any questions you may have. ROSTEST is your reliable certification partner.