IN THE CUSTOMS UNION AND THE SINGLE ECONOMIC SPACE TECHNICAL REGULATION IN THE CUSTOMS UNION AND THE SINGLE ECONOMIC SPACE Part I Vasily B. Boitsov, Director, Department for Technical Regulation and Accreditation Eurasian Economic Commission 2014

15% of the world land surface Total volume of foreign trade: The Customs Union 170 million people, more than 20 m. sq. km, 15% of the world land surface GDP amounts 4% of the global GDP Total volume of foreign trade: $ 913 billion

Phases of the integration process Economic Union IV Single Economic Space III Customs Union II Free Trade Areas I

Single Economic Space of Belarus, Kazakhstan and Russia Four economic freedoms: free movement of goods, services, capital and labor force Harmonization and unification of the forms of economic regulation in key areas (competition, subsidies, government procurement, technical regulation, activities carried out by natural monopoly entities, intellectual property protection) Countries of the Customs Union are strategic associates, political, economic and trade partners. Integrated connections between them were built on principles of the WTO Coordinated macroeconomic and currency policy Integration of industry-specific markets

Principles of creation of the Single Economic Space | 5 National regime - Common requirements for safety of goods (technical regulations) - Single system of conformity assessment (attestation) - Uniformity of measurements - Acceptance of national accreditation bodies - Common principles of responsibility - Common principles of market surveillance - Integrated information system of foreign and mutual trade Common principles of regulation Supranational regulation Establishing a supranational body Mutual recognition Harmonization FREE MOVEMENT OF GOODS Non-discrimination Equivalence Less number of licensing procedures and more responsibility

Eurasian Economic Commission Supranational body is a common permanent regulatory body Treaty on Eurasian Economic Commission of 18 November 2011 Successor of the Customs Union Commission Main tasks: - Providing for the operation and the evolution of the Customs Union and the Single Economic Space - Carrying out further integration initiatives Areas of competence of the Eurasian Economic Commission: Tariff and non-tariff regulation Customs administration Establishment of mandatory requirements to products (technical regulation) Sanitary, veterinary and phyto-sanitary measures Establishment of trade regimes with third countries …

Supreme Eurasian Economic Council Supreme Bodies and organizational structure of the Eurasian Economic Commission Supreme Eurasian Economic Council (The Heads of States or Governments of the Parties) Eurasian Economic Commission Council (3 Members of the Council - 1 Deputy Prime Minister of the Government of each Country) Board (9 members of the Board - 3 members of each Country – Chairman and 8 Ministers) Integration and Macroeconomics Economy and Financial Policy Competition and Antitrust Regulation Trade Advisory Bodies Technical regulation Industry and Agriculture Energy and Infrastructure Customs Policy Departments Departments Departments Consultative Committee for Technical regulation, Sanitary, Phytosanitary and Veterinary measures Department for technical regulation and accreditation Department for Sanitary, Phytosanitary and Veterinary measures Sub-committees

EEC decision making process Decisions made by the CU bodies are the integral part of the legal framework of the CU and the CES (after 30 days from the adoption date) The Supreme Council makes a decision on the issue Supreme Eurasian Economic Council 5. The issue is submitted for consideration at the Supreme Eurasian Economic Council’s meeting EEC Council Council makes a decision on the issues within its competence 4. The issue is submitted for consideration at the Council’s meeting EEC Board Board makes a decision on the issues within its competence National bodies of the Member States of the CU and the CES 3. The issue is submitted for consideration at the Board’s meeting 2. Member States analyze the issue and make the comments Departments work out proposals on issues within their competence and submit them to a relevant advisory body of the Commission. Advisory body of the Commission, which consists of representatives of member states and EEC staff, makes comments on the issue. After comments have been considered, the issue is submitted to the Board with a draft of a decision to be made by the Board. If the issue is within the competence of the Board, it will make a decision, which becomes a part of the Customs Union legal framework, and if it is within the competence of the higher body of the CU, the Board approves a draft decision of this body and submits it for further consideration. EEC Advisory Bodies 1. Departments analyze initiatives within their competence EEC Departments

Legal Framework for Technical Regulation within the Customs Union and the Single Economic Space Legal framework of the Customs Union and the Single Economic Space on technical regulation Agreement on common principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation Agreement on circulation of products subject to mandatory conformity assessment within the Customs Union Agreement on mutual recognition of accreditation of certification bodies (conformity assessment) and testing laboratories (centers), carrying out conformity assessment procedures Establishment and implementation of the common mandatory requirements for products Establishment of common rules for carrying out of conformity assessment activities

Technical regulations of the Customs Union TRs are adopted for the purpose of : - protection of life and (or) human health, property, protection of the environment, life and (or) health of animals and plants - preventing actions that mislead the consumers, - ensuring energy efficiency and conservation of resources TRs have direct application on the common territory of the Customs Union TRs are drafted : - on the basis of rules, directives and recommendations, adopted by international, regional, national standardization organizations - only for products, included in the Unified list of products, for which mandatory requirements within the Customs Union are established International, regional and national (state) standards of the Parties are applied for the purpose of presumption of conformity. 10 10 10

66 objects Technical regulations of the Customs Union 34 are adopted THE UNIFIED LIST OF PRODUCTS for which the Customs Union mandatory requirements are established Technical Regulations of the Customs Union Plan of development of the Customs Union technical regulations for 2012 – 2013 34 are adopted 26 are planned 24 entered into force in 2012 – 2013 10 will enter into force in 2014 – 2015 10 drafts of the CU ТRs are developed 16 CU ТRs are planned to be developed Implementation of requirements of the CU Technical Regulations: Voluntary application of international, regional and national (state) standards included in the Lists approved for each TR More than 8000 documents

Marking of products THE REGULATION ON THE UNIFORM MARK OF PRODUCTS CIRCULATION IN THE CUSTOMS UNION MARKET Products are marked before being released for circulation A manufacturer, an entity authorized by manufacturer, an importer have the right to mark the products The marking has to: - be visible, clear and readable - prevent deception of consumers about the meaning and emblem of the mark Decision of the EEC Council of 20 July 2013 № 61 Stands for the Eurasian Conformity The mark ensures circulation of products on the single market of the Customs Union not requiring additional assessment procedures

Decision on adoption and entry into force of the CU Technical Regulations The COUNCIL of the Eurasian Economic Commission defines: the date of application of technical regulations THE BOARD of the Eurasian Economic Commission approves: The Lists of standards for: - fulfillment of requirements of technical regulation - testing compliance with the requirements of technical regulations Rules of the transition period for: – products that were not previously subject to mandatory conformity assessment – practice of application of previously issued documents of conformity assessment – keeping of the existing conformity marking within the national legislation – application of methods of safety indicators measurement

Approved by the Decision of EEC Council | 14 Provision on the procedure of development, adoption, amendment and cancellation of a CU technical regulation Establishes procedures with the participation of experts: development of draft technical regulation by the working group (developing agency, the national standards’ body, specialized technical committees on standardization, experts, representatives of industry and business community) public discussion for at least 60 days on the official EEC website uploading by the Commission on the official website of comments and suggestions (reviews) on the draft technical regulation for public information two discussions at the Advisory Committee (to be submitted to public discussion and prior to internal state coordination) regulatory impact assessment during internal state coordination Active participation of experts in the development of projects of the Customs Union technical regulations makes it possible to respect the interests of all interested parties

8 Technical Regulations CАME INTO FORCE in 2012   Name of technical regulation  № of decision and adoption date Effective date “On Safety of Pyrotechnic Products” № 770 of 16 August 2011 15 February 2012 “On Safety of Personal Protective Equipment” № 878 of 9 December 2011 1 June 2012 “On Safety of Packaging” № 769 of 16 August 2011 “On Safety of Toys” № 798 of 23 September 2011 1 July 2012 “On Safety of Products for Children and Adolescents” № 797 of 23 September 2011 “On Safety of Perfume and Cosmetic Products” № 799 of 23 September 2011 “On Safety of Light Industry Products” № 876 of 9 December 2011 “On Requirements for Automobile and Aviation Gasoline, Diesel and Marine Fuel, Jet Fuel and Mazut Heating Oil”   № 826 of 18 October 2011 31 December 2012

13 Technical Regulations CAME INTO FORCE in 2013 34 Customs Union technical regulations adopted 13 Technical Regulations CAME INTO FORCE in 2013 Name of technical regulation    № of decision and adoption date Effective date “On Safety of Low Voltage Equipment” № 768 of 16 August 2011 15 February 2013 “On Safety of Equipment for Explosive Environments” № 825 of 18 October 2011 “On Safety of Machines & Equipment” № 823 of 18 October 2011 “On Safety of Lifts” № 824 “On Safety of Equipment Using Gaseous Fuel” № 875 of 9 December 2011 “Electromagnetic Compatibility of Technical Means” № 879 of 9 December 2011 “On Safety of Food Products” № 880 of 9 December 2011 1 July 2013 “On Safety of Grain” № 874 of 9 December 2011 “Food Products Labeling” № 881 of 9 December 2011 “Technical regulation on Fruit and Vegetable Juice Products” № 882 of 9 December 2011 “Technical regulation on Oil and Fat Products” № 883 of 9 December 2011 “On Safety of Certain Types of Specialized Food Products Including Therapeutic and Preventive Dietary Food” № 34 оf 15 June 2012 “Safety Requirements for Food Additives, Flavorings and Technological Aids” № 58 оf 20 July 2012

Customs Union Technical regulations in force and coming into force in 2014 10 In force as of: 1 February 2014 : “On Safety of Small Size Vessels” “On Safety of Equipment Operating under Manometrical Pressure” 1 March 2014 : “On Requirements for Lubricants, Oils and Special Liquids” Coming into force on: 1 May 2014: «On safety of milk and dairy products» «On safety of meat and meat products» 1 July 2014: “On Safety of Furniture Products” “On Safety of Explosives and Products on their Basis” 2 August 2014: “On safety of : High-speed Railway Transport” Railway Rolling Stock” Railway Transport Infrastructure”

Customs Union Technical regulations coming into force in 2015 3 on 1 January 2015: “On Safety of Wheeled Vehicles” on 5 February 2015: “Road Safety” “On Safety of Agricultural and Forestry Tractors and Trailers”

Draft Customs union Technical regulations being planned for adoption in 2014 Проекты технических регламентов Таможенного союза, планируемые к принятию 8 7 “On Safety of Detergents and Household Chemicals” “On Safety of Paints and Coatings” “On Requirements for Fertilizers” “On Safety of Buildings, Construction Materials and Products” “On Safety of Alcoholic Products” “Technical regulation for Tobacco Products” “On Safety of Fish and Fishery Products”

еес EURASIAN Lists of standards ECONOMIC COMMISSION Application of Standards for Presumption of Conformity with the Requirements of Technical Regulations of the Customs Union Lists of standards Standards necessary for compliance with the requirements of technical regulations (applied on a voluntary basis) Standards containing rules and methods of researches (tests) and measurements for conformity assessment During the transition period (before GOST is adopted) national (state) standards of the Customs Union member states, included in the Lists, may be applied: GOST R Standards of the Republic of Belarus Standards of the Republic of Kazakhstan other documents approved by the Parties (testing procedures, codes of practice, etc.) Manufacturer has a right to choose any type stipulated by the technical regulation Declaring of goods in done only by the manufacturer

IMPLEMENTATION OF REQUIREMENTS OF THE CU TECHNICAL REGULATIONS Lists of standards were adopted for 32 CU Technical Regulations Number of voluntary standards, Total / inc. GOST Number of documents on test methods Total / incl. GOST /besides measurements procedures 3474 / 1701 GOST – 49% 4050 / 2089 / 610 GOST – 51% More than 8000 documents Standardization programs for 23 CU technical regulations are adopted GOSTs on 23 programs are required to be developed , Total Number of GOSTs to be developed according to the programme : Number of GOSTs being developed by the CU member countries For the first time To review standards On the basis of international and European standards ISO, IEC, EN On the basis of harmonized national interstate standards On the basis of national standards The Republic of Belarus The Republic of Kazakhstan The Russian Federation 1299 122 134 599 221 223 350 106 843 Application of interstate GOST standards, which are common for all member states of the Customs Union

COOPERATION IN TECHNICAL REGULATION Memorandum of Understanding between the Eurasian Economic Commission and the Interstate Council on standardization, metrology and certification on cooperation in standardization and ensuring the uniformity of measurements Memorandum of Understanding between the Eurasian Economic Commission and the International Electrotechnical Commission Road map on cooperation in technical regulation and standardization Cooperation perspectives: International Organization for Standardization

Memorandum of Understanding EEC Cooperation with the Interstate Council on standardization, metrology and certification (EASC) Memorandum of Understanding between the Eurasian Economic Commission and the Interstate Council on standardization, metrology and certification on cooperation in standardization and ensuring the uniformity of measurements Cooperation between the Parties will be maintained in the following areas: Development of interstate standards and using national standards, harmonized with international standards as a basis for development of interstate standards in the priority sectors of economy, related to common interests Using the interstate standards to ensure compliance with the technical regulations’ requirements Enhancement of the interstate standardization system in accordance with international practices Harmonization of the rules and methods of research (tests) and measurements with the international requirements Carrying out of activities to ensure the uniformity of measurements

EEC cooperation with the International Electrotechnical Commission (IEC) Memorandum of Understanding between the Eurasian Economic Commission and the International Electrotechnical Commission in the field of technical regulation and standardization Cooperation between the Parties will be maintained in the following areas: exchange of information that is of mutual interest, including scientific, technical and technological information, publications and other information in the field of technical regulation and standardization; exchange of experience in the field of establishment of technical requirements to the electrotechnical products; holding of consultations on issues arise in the field of technical regulation of electrotechnical products; participation of the EEC experts in the work of the IEC technical committees; other forms.

Information support Information on drafting of the Customs Union technical regulation can be found on the official website of the Eurasian Economic Commission http://www.eurasiancommission.org

Thank you for attention ! Moscow, Letnikovskaya str, 2 bldg. 1, +7 (495) 669-25-21 boitsov@eecommission.org www.eurasiancommission.org