Basic provisions of the system of technical regulation of the customs union. The order of technical regulation in the customs union. Technical regulation in the customs union

Customs Union- a new form of trade and economic integration of the former allied states: Belarus, Kazakhstan and Russia.

The formation of the Customs Union provides for the creation of a Common Customs Territory, within which customs duties and economic restrictions are not applied, with the exception of special protective, anti-dumping and countervailing measures. Within the framework of the customs union, a single customs tariff and other uniform measures for regulating trade in goods with third countries are applied.

The main documents of the Customs Union:- Agreement on the Commission of the Customs Union dated October 6, 2007 (which entered into force on October 10, 2008); - Agreement on the Creation of the Common Customs Territory and the Formation of the Customs Union dated October 6, 2007 (which entered into force on October 10, 2008); - Agreement on the implementation of a coordinated policy in the field of technical regulation, sanitary and phytosanitary measures of the Eurasian Economic Community dated January 25, 2008 (which entered into force on 04.06.2009); - Agreement on the circulation of products subject to mandatory assessment (confirmation) of conformity in the customs territory of the Customs Union dated December 11, 2009 (which entered into force on July 1, 2010); - Agreement on mutual recognition of accreditation of certification bodies and testing laboratories (centers) performing work on confirmation of conformity assessment dated December 11, 2009 (which entered into force on July 1, 2010); - CU Agreement on Sanitary Measures dated December 11, 2009 (which entered into force on July 1, 2010).

Common Economic Space of the Customs Union The development of common standards and requirements for product safety is necessary for the members of the Customs Union - Russia, Belarus and Kazakhstan to protect their markets from low-quality imports from outside and to minimize trade barriers to goods and services of the three countries in preparation for the formation by January 01, 2012 of the Unified economic space.

By this time, not only the general technical regulations of the EurAsEC (including a single sign of product circulation on the market) should appear, but the mechanisms for monitoring and supervising their observance should be harmonized. There should be general rules for confirming compliance with the established requirements, and uniform measures should be developed to influence violators.

Harmonization of technical regulations and standards of the countries of the Customs Union and the Common Economic Space will take place in the direction of European legislation.

Technical regulation in the Customs Union

By Decision No. 132 of November 27, 2009 “On the unified non-tariff regulation of the customs union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation”, the Commission of the Customs Union decided:

From January 1, 2010, the governments of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation to apply prohibitions and restrictions in trade with third countries to goods included in the Unified List of goods subject to prohibitions or restrictions on import or export by the CU member states within the framework of the EurAsEC in trade with third countries.

From January 01, 2010, the authorized state executive authorities of the CU member states to issue licenses and permits for the export and import of goods in accordance with the Agreement on Licensing Rules in the Field of Foreign Trade in Goods dated June 09, 2009.

Establish that licenses for export and import or other permits for the export or import of goods issued by the authorized state executive authorities of the CU member states before January 01, 2010 are valid until their expiration date.

The agreement on the circulation of products subject to mandatory assessment (confirmation) of conformity in the customs territory of the Customs Union was adopted by the Decision of the Interstate Council of the EurAsEC No. 27 dated December 11, 2009 in order to: - create a customs territory and form the Customs Union; - creating conditions for ensuring the free circulation of products (goods) in the customs territory of the Customs Union; - determining the procedure for importing into the customs territory and moving between the territories of the CU member states of products subject to mandatory assessment (confirmation) of conformity.

The agreement applies to products subject to mandatory conformity assessment (confirmation) imported into the Common Customs Territory, as well as products moved from the territory of one CU state to the territory of other CU states.

The Agreement applies to products until the entry into force of the Technical Regulations of the Eurasian Economic Community for these products.

Products are allowed for circulation on the territory of the CU state in accordance with the legislation of this state and this Agreement.

Products in respect of which the members of the Customs Union have established the same mandatory requirements, the same forms and schemes for confirming conformity, and also apply the same or comparable methods of research (testing) and measurement of products when conducting conformity assessment, are allowed for circulation in the Common Customs Territory if they have passed the established procedures for confirming compliance on the territory of any of the CU states subject to the following conditions: - certification of OS included in the Unified Register; - conducting tests in testing laboratories (ICs) included in the Unified Register; - certificates of conformity and declarations of conformity are drawn up according to the Unified Form

When confirming the conformity of products, the results of product tests (test reports) obtained in any state of the Customs Union are recognized as a certification body included in the Unified Register of another state of the Customs Union - the country of destination, subject to the following conditions: - the use of identical or comparable methods of research (tests) and measurements products; - conducting tests in the testing laboratory (IC) included in the Unified Register.

Decision of the Commission of the Customs Union No. 319 dated June 18, 2010 "On technical regulation in the Customs Union" approved and entered into force on 01.07.2010: - Regulations on the procedure for including certification bodies and testing laboratories (centers) in the Unified OS Register and TL (IC) of the Customs Union, as well as its formation and maintenance - Regulations on the procedure for the formation and maintenance of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in accordance with the Unified Form - Unified forms of the certificate of conformity and declaration of conformity - Regulations on the procedure for importing products (goods) subject to mandatory assessment (confirmation) of conformity to the customs territory of the Customs Union

Products not included in the Unified List are subject to mandatory assessment (confirmation) of conformity in accordance with the national legislation of the CU member states.

The period of validity of the certificate of conformity issued under the Unified Form and the declaration of conformity for products under the Unified Form should not exceed 5 years.

As one of the documents for issuing a declaration of conformity according to the Unified Form for products included in the Unified List, certificates of conformity issued in the national systems of conformity assessment (certification) of the CU member states by conformity assessment bodies included in the Unified Register of bodies for certification and testing laboratories (centers) of the Customs Union.

Tests for the issuance of certificates of conformity and execution of declarations of conformity according to the Unified Form are carried out by testing laboratories (ICs) included in the Unified Register.

Issuance of certificates of conformity and registration of declarations of conformity under the Unified Form for products included in the Unified List is carried out by certification bodies (assessment (confirmation) of conformity) included in the Unified Register.

Certificates of conformity issued under the Unified Form and accepted declarations of conformity of products are documents confirming the conformity of products with the requirements of the national legislation of the member states of the Customs Union.

The unified list is valid for a specific type of product until the entry into force of the unified technical regulation(s) for this type of product for the CU member states.

Products are excluded from the Unified List from the date of entry into force of these regulations in all member states of the Customs Union.

When sold on the territory of a member state of the Customs Union, products included in the Unified List must be labeled in accordance with the national legislation of this state.

For the purposes of using the Unified List, it is necessary to be guided by the names of products, as well as codes of the Commodity Nomenclature for Foreign Economic Activity of the Customs Union.

Apply national lists of products subject to mandatory assessment (confirmation) of conformity and the Unified List of Products.

Provide: - formation and maintenance of the national parts of the Unified Register of OS and IL (IC) of the Customs Union; formation and maintenance of the national parts of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in accordance with the Unified Form, as well as prompt placement of them on their official websites with access to them; issuance of certificates of conformity prepared according to the Unified Form; - organization of work on certification and registration of declarations of conformity for products included in the Unified List of Products.

The submission of a customs declaration for products must be accompanied by the submission to the customs authorities of one of the following documents of conformity: Certificate of Conformity / Declaration of Conformity and other documents stipulated by the legislation of the CU member state in whose territory the goods are placed under customs procedures; Certificate of Conformity of the Customs Union, issued in accordance with the Unified Form, for goods included in the Unified List.

Until 01.10.2010, proposals should be prepared for the unification of product nomenclatures of national lists from 01.01.2011, taking into account:

Application of mandatory certification only in relation to products whose circulation is associated with a high risk of harm to the life and health of citizens; - prevention of simultaneous mandatory assessment (confirmation) of the conformity of the finished product and its components (materials, components and assemblies).

Until 01.01.2012, for products included in the Unified List of Products, at the applicant's choice, certificates / declarations of conformity are issued according to the Unified Forms and / or certificates / declarations of conformity in accordance with the laws of the member states of the Customs Union. For foreign manufacturers located outside the territory of the CU member states, declarations of conformity in accordance with the Unified Form are not issued.

Labeling of products included in the Unified List of Products is carried out in accordance with the legislation of the country of destination.

By 01.09.2010, proposals should be prepared for the transition from 01.01.2011 to the notification (declarative) procedure for filing a declaration of conformity, including providing the possibility of submitting it in electronic form and for harmonizing the CU legislation in the field of confirmation compliance, taking into account the practice of the European Union, in terms of the transition from mandatory certification to declaration of conformity.

Decision No. 343 of August 17, 2010 "On issues of technical regulation in the Customs Union" The CCC approved the Unified Register of Certification Bodies and Testing Laboratories (Centers) of the Customs Union and approved the draft Regulation on the procedure for developing, adopting, amending and canceling the technical regulations of the Customs Union.

Among the most important details of this solution, it is worth noting:

The technical regulations of the Customs Union are developed only for products included in the Unified List, if the EurAsEC technical regulations have not been adopted for such products. In case of adoption of the technical regulation of the EurAsEC in relation to products for which the technical regulation of the Customs Union has been adopted, the technical regulation of the Customs Union or its corresponding part shall be terminated from the date of entry into force of the technical regulation of the EurAsEC.

Technical regulations of the CU are approved by the CCC and have direct effect throughout the customs territory of the CU.

The technical regulations of the Customs Union may contain specific requirements that reflect the features associated with the climatic and geographical features of the CU member states or technological factors, and are valid only on the territory of such states.

Mandatory confirmation of product compliance with the requirements of the technical regulations of the Customs Union is carried out in the form of a declaration of conformity or certification. Procedures for assessment (confirmation) of conformity are established in the technical regulations of the Customs Union on the basis of standard schemes for assessment (confirmation) of conformity.

The task was given to the Coordinating Committee for Technical Regulation, the Application of Sanitary, Veterinary and Phytosanitary Measures to submit proposals on EurAsEC technical regulations for consideration by the CCC, which must be adopted as a matter of priority as technical regulations of the CU, and for the CU member states to work out the issue of suspending the entry into force of national technical regulations , objects of regulation, which coincide with the objects of technical regulations of the EurAsEC and the issue of clarifying the scope of distribution and application of documents confirming the compliance of products with the established requirements in the field of technical regulation and sanitary measures within the framework of the Customs Union.

The same Decision of the CCC approved the Unified Principles of Harmonization in terms of establishing liability for violation of the requirements of the legislation of the CU member states and the legislation of the CU in the field of technical regulation, including for unreliable (unreasonable) adoption of a declaration of conformity.

It is proposed to consider as an administrative offense: - violation by the manufacturer (a person acting as a foreign manufacturer, seller) of the requirements of technical regulations or other mandatory requirements for products established in accordance with the legislation on technical regulation, as well as the release into circulation (sale) of products that do not meet the requirements of technical regulations. - non-submission or evasion by the manufacturer (a person performing the functions of a foreign manufacturer, the seller) from the submission of products, documents or information necessary for the implementation of state control (supervision); - submission for the purposes of assessment or confirmation of conformity by an accredited testing laboratory (center) of unreliable results of research (tests) and (or) measurements of products; - violation of the rules for performing work on certification, as well as the issuance of a certificate of conformity or the adoption of a declaration of conformity in violation of the requirements of the legislation on technical regulation.

It is proposed to provide for the establishment of comparable amounts of fines imposed in all member states of the customs union (taking into account the degree of danger of the offense).

By the decision of the CCC No. 344 dated August 17, 2010 it was established that manufacturers of products of the CU member states have the right to accept declarations of conformity of products with national technical regulations or declarations of conformity for products included in the national lists of products subject to mandatory conformity assessment provided for by the legislation of any of the CU member states and release products into circulation on the territory of the Customs Union, without involving residents (legal entities) of the Member State of the Customs Union, on the territory of which the above products are put into circulation.

At the same time, the products must comply with the requirements of the legislation of the Member State of the Customs Union, on the territory of which the above products are put into circulation, and the registration of the above declarations of conformity must be carried out in a certification body accredited in accordance with the requirements of the legislation of this state.

Accreditation systems in the Russian Federation

Certification bodies and testing laboratories that are participants in the certification process must be accredited for the right to work in a certain area, which provides confidence in the results of testing and certification.

Accreditation- the procedure by which an authoritative body formally recognizes the competence of a person or body to perform specific work in a specific area of \u200b\u200bactivity.

Mutual recognition of test and certification results as a way to eliminate technical barriers to trade depends largely on accreditation: the credibility and independence of the accrediting body determines the credibility of the activities of the certification organization and its results.

In foreign countries, accreditation is an independent type of activity, regulated by the relevant regulatory documents, the fulfillment of the requirements of which serves as a guarantee of the unity and comparability of the assessments of the competence of an accredited organization. And this provides confidence in the results of testing and certification.

In Russia, work on accreditation is entrusted to the State Standard of the Russian Federation by the Decree of the Government "On the organization of work on standardization, ensuring the uniformity of measurements, certification of products and services" No. 100 of 1994. Thus, accreditation and certification were in the same hands. The need to separate these types of activities was determined by the Demonopolization Program approved by the Government of the Russian Federation in 1995 in the areas of standardization, metrology and certification. The Gosstandart of the Russian Federation was given the task, together with other governing bodies, to form a system of accreditation of certification bodies and testing laboratories. An Interdepartmental Council for Accreditation and Certification was formed, which included representatives of interested organizations. However, there can be no complete separation of accreditation and certification. This is also evidenced by the practice of foreign states. Thus, in the United States, the founders of the national certification body include the National Institute for Standardization and several organizations involved in certification. But this is not an administrative connection, and it is precisely this that should be eliminated in Russia.

Over the past two years, the principles for organizing the accreditation system in the Russian Federation have been developed, which are reflected in the fundamental standards GOST Ρ of the 51000 series, harmonized with the ISO / IEC guidelines, European standards of the ΕΝ 45000 series, and the provisions of the International Conference on Accreditation of Testing Laboratories (ILAC). The general management and coordination of accreditation activities is carried out by a specially created independent subdivision of Gosstandart - the Accreditation Department, which is not involved in certification.

Russian accreditation system (ROSA) is a set of organizations involved in accreditation activities, accredited certification bodies, testing laboratories, other entities, as well as established norms, rules, procedures that determine the operation of this system (Fig. 16.1).

The objects of accreditation are organizations that carry out activities in the field of conformity assessment: testing laboratories, certification bodies, regulatory organizations; metrological services of legal entities; organizations providing special training for experts.

Main objectives of accreditation - providing credibility to organizations by confirming their competence; creation of conditions for mutual recognition of the results of activities of different organizations in the same area.

The accreditation system establishes requirements for the objects of accreditation, the accrediting body; rules and procedures of the system, and the accrediting body in each case has the right to establish additional criteria in accordance with the characteristics of the object of accreditation.

Participants of the Russian accreditation system are: the Accreditation Council in the Russian Federation (Council), accrediting bodies and technical centers by type of activity, objects of accreditation and accredited organizations, accreditation experts. Let's consider their functions.

Advice resolves issues related to the principles of conducting a unified technical policy in the field of accreditation; research on accreditation; coordination of activities of accredited bodies, economic aspects of accreditation; international cooperation in the field of accreditation; analysis of the results of accreditation activities; maintaining a unified register of accredited facilities and accreditation experts. The working bodies of the Council are the technical secretariat, working groups (from among the members of the Council) and the commission on appeals.

Accrediting body: accreditation of organizations operating in the legally regulated (obligatory) sphere 1 is organized and carried out by the State Standard of Russia and other federal executive bodies in accordance with the legislative acts of the Russian Federation.

Accreditation in the voluntary sphere has the right to be carried out by a legal entity that meets the requirements for accrediting bodies.

Gosstandart, in addition to performing the functions of an accrediting body, develops general accreditation procedures, requirements for accrediting bodies, objects of accreditation and experts, for accreditation documents and interacts with international, regional and foreign accreditation organizations.

The main functions of the accrediting body are related to its main task - the implementation of a unified accreditation policy in Russia. To do this, the accrediting body establishes special rules of procedure and management under which accreditation operates; establishes special requirements for objects of accreditation, accredits them and issues them an accreditation certificate, registers accredited objects and experts, and also publishes information about them and considers appeals. The most important function of the accrediting body is to develop rules for the recognition of other accreditation systems, including foreign ones.

In turn, the accrediting body must meet a number of requirements. They concern personnel, general policy and decision-making; the quality system in force in the accrediting body, the procedure for conducting accreditation and accreditation documentation. These requirements are regulated by GOST Ρ 51000.2-95 "Accreditation system in the Russian Federation. General requirements for the accrediting body". The standard is intended to be used by the accrediting body in the process of establishing and maintaining an accreditation system, as well as by those organizations that apply for and prepare for accreditation.

Technical Center performs the work assigned to it by the accrediting body. This can be: preliminary consideration of applications for accreditation, examination of documents, preparation of certification programs for applicants and inspection control of accredited organizations, consideration of the results of attestation and inspection control and preparation of a draft decision on them, etc.

Organizations that plan to obtain accreditation must be prepared to perform specific activities that correspond to the declared scope of accreditation. After submitting an application for accreditation, interaction with all participants in the accreditation procedure is necessary, and then, regardless of the results, payment for accreditation work in accordance with the established procedure.

Accredited Organizations are required to perform work clearly in accordance with the scope of accreditation and maintain the organization's compliance with established requirements. In the course of their activities, accredited organizations interact with the accrediting body and other accreditation participants, providing information on all changes that may affect the accreditation criteria.

Accreditation Experts conduct an examination of documents submitted for accreditation, certify applicants and prepare decisions on the issuance of an accreditation certificate, as well as exercise inspection control over accredited organizations. Persons who participated in the preparation of the organization for accreditation cannot be involved as experts.

Accreditation experts are subject to certain requirements, which primarily relate to their qualifications and competence. The qualification of experts is assessed by the accrediting body in accordance with the qualification procedure developed by it. The indicators of the expert's competence are considered to be awareness of the criteria, procedure and documents of accreditation, possession of technical skills in accredited works (for example, tests that an accredited organization must conduct); ability to use an effective communication system; independence from any interests that affect the duty of confidentiality and non-discrimination; possession of personal qualities that provide the ability to perform the functions of an expert.

The accrediting body determines the procedure and procedure for appointing an expert, which, in particular, include the consent of the expert himself, the applicant's consent to the identity of the expert, and the provision of guidelines, working documents and instructions to experts for accreditation.

Accreditation procedure consists of the following sequential actions:

Submission by the applicant of an application for accreditation;

Examination of accreditation documents;

Attestation of the applicant;

Analysis of all materials and making decisions on accreditation;

Issuance of an accreditation certificate;

Carrying out inspection control of an accredited organization. The regulation of all components of the accreditation procedure is established in

GOST P 51000.1-95, which is intended for use by accrediting bodies and organizations subject to accreditation.

The accreditation system provides for re-accreditation and additional accreditation.

Reaccreditation held at least once every five years. Extension of the accreditation certificate is possible without re-accreditation. The decision on this is made by the accrediting body based on the results of the inspection control.

Accreditation - it is an accreditation in an additional field of activity. This procedure is subject to an accredited organization that claims to expand its field of activity. Additional accreditation is carried out according to the full or reduced procedure, which is determined by the accrediting body.

According to the Decree of the President of the Russian Federation "On a unified national system of accreditation", the Federal Accreditation Service is being created in Russia, which is entrusted with the functions of forming a unified national accreditation system and exercising control over the activities of accredited entities.

The main goal of creating a unified system is to increase the transparency of certification procedures, increase the degree of protection against hazardous products, mutual recognition of certificates at the international level and reduce prices for obtaining certificates.

Today, there are 16 mandatory certification systems in the country, each of which provides for the accreditation of conformity assessment bodies. The creation of a unified system involves their unification into one body, with the exception of those systems that relate to state security and areas that are regulated by international treaties.

One of the main tasks is to build an accreditation system in full compliance with international standards and international practice and, on this basis, achieve mutual recognition of accreditation within international accreditation organizations.

In the autumn of 2007, the Treaty on the Establishment of the Customs Union was signed. This international organization includes Kazakhstan, Russia and Belarus. The regulatory body of the organization is the Commission of the Customs Union.

The main goals of the creation of this organization are to ensure favorable conditions for trade between the member states of the Customs Union, as well as the rapid development of such a phenomenon as the economic integration of member countries in the format of an international organization.

Documents regulating the processes of technical regulation

Technical regulation and metrology within the framework of the international organization Customs Union is carried out in accordance with several normative and legislative documents adopted by the Commission.

The main regulatory documents are:

Customs Code of the Customs Union,
Agreement on uniform principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation,
Agreement on the circulation of products subject to mandatory assessment (confirmation) of conformity in the customs territory of the customs union,
Customs Union Agreement on Veterinary and Sanitary Measures,
Agreement of the customs union on sanitary measures, etc.

All of the above regulatory documents were adopted by the EurAsEC Interstate Council. This body already unites 5 countries.

On the territory of the Russian Federation, as the main document regulating the procedure of technical regulation, the Federal Law on Technical Regulation is in force. The Federal Law on Technical Regulation spells out all aspects of technical regulation procedures in our country.

Within the framework of the Customs Union, the following works have been carried out:

Designated authorized bodies (in Russia - this is the Ministry of Industry and Trade);
The Unified Register of Testing Laboratories and Certification Centers in the Customs Union has been created;
Unified standard forms of supporting documents have been adopted;
A list (single) of goods subject to mandatory confirmation of conformity has been created;
A schedule has been drawn up for the adoption of technical regulations for products, many of which have already been adopted during the work of the Customs Union.

How technical regulation is carried out within the framework of the customs union

In order to obtain a supporting document for a particular product, for its further sale on the territory of the Customs Union, it is recommended to contact a certification body that has received the appropriate accreditation. Our company is one of the best centers of expertise and certification in Russia.

We assist in the preparation of supporting documents for products and services according to a single model of the Customs Union in accordance with the requirements specified in the Unified List of Products Subject to Conformity Confirmation within the Customs Union.

Document overview

A number of procedures have been developed to ensure technical regulation in the Customs Union (CU).

A single list of products subject to mandatory assessment (confirmation) of conformity has been defined. Declarations and certificates are issued. Their forms are given.

Data on documents are entered in a special register. It is formed in electronic form on the basis of software and hardware of the authorized bodies of the CU member countries. The data on the applicant and the manufacturer of the products, on the certification body, TN VED CU codes, etc. are indicated.

In addition, a register of certification bodies and testing laboratories (centers) of the TS is being formed. Information is entered on the basis of registration as legal entities, accreditation certificates, etc.

The procedure for the import of products subject to mandatory assessment (confirmation) of conformity into the territory of the Customs Union has been regulated.

Documents of conformity must be submitted along with the declaration. They are required if the goods are placed under the procedures of release for domestic consumption, temporary import (with the exception of certain products), free customs zone or warehouse, re-import.

Documents are not submitted for used goods intended for the duty-free shop, imported as supplies.

Under the Commission of the Customs Union, there is a Coordinating Committee for technical regulation, the application of sanitary, veterinary and phytosanitary measures. It helps to make consistent decisions about their use. The procedure for the work of the committee has been determined.

Test

The order of technical regulation in the Customs Union

1. Uniform principles and rules of technical regulation in the Customs Union

The uniform principles and rules of technical regulation in the Customs Union are defined by the Agreement on uniform principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation (Appendix to the Decision of the Commission of the Customs Union dated June 18, 2010 No. 320).

The Agreement was adopted in order to deepen and accelerate the integration processes in the Customs Union within the Eurasian Economic Community (hereinafter referred to as the Customs Union) and the formation of the Common Economic Space, based on the provisions established by the Agreement on the Basis for the Harmonization of Technical Regulations of the EurAsEC Member States dated March 24, 2005, Agreement on the implementation of a coordinated policy in the field of technical regulation, sanitary and phytosanitary measures dated January 25, 2008, Agreement on the circulation of products subject to mandatory assessment (confirmation) of conformity in the customs territory of the Customs Union dated December 11, 2009, Agreement on mutual recognition of accreditation of bodies on certification (assessment (confirmation) of conformity) and testing laboratories (centers) performing work on assessment (confirmation) of conformity, dated December 11, 2009 and the Agreement on the Commission of the Customs Union dated October 6, 2007.

The following concepts are used in the Agreement:

"declaration of conformity with the technical regulations of the Customs Union (declaration of conformity)" - a document by which the manufacturer (a person authorized by the manufacturer, supplier, seller) certifies the compliance of products released for circulation on the territory of the member states of the Customs Union with the requirements of the technical regulations of the Customs Union;

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

"single sign of circulation of products on the market of the Member States of the Customs Union (single sign of circulation of products)" - a designation that serves to inform purchasers and consumers about the compliance of products put into circulation with the requirements of the technical regulations of the Customs Union;

"certificate of conformity with the technical regulations of the Customs Union (certificate of conformity)" - a document by which the certification body (assessment (confirmation) of conformity) certifies the compliance of products put into circulation with the requirements of the technical regulations of the Customs Union;

"certification" - a form of mandatory confirmation of compliance by the certification body (assessment (confirmation) of conformity) of products put into circulation with the requirements of the technical regulations of the Customs Union;

"technical regulation of the Customs Union" - a document that establishes the requirements for products or for products and the processes of production, installation, adjustment, operation (use), storage, transportation (transportation) that are mandatory for application and execution in the customs territory of the Customs Union , sale and disposal, approved by the Commission of the Customs Union (Commission);

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

The Parties pursue a coordinated policy in the field of technical regulation, guided by the provisions of the Agreement on the implementation of a coordinated policy in the field of technical regulation, sanitary and phytosanitary measures dated January 25, 2008.

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

Assessment (confirmation) of conformity of products put into circulation with the requirements of the technical regulations of the Customs Union is carried out prior to its release into circulation.

The Parties shall ensure the circulation of products that comply with 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 carrying out additional procedures for assessing (confirming) conformity.

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

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 Customs Union (hereinafter referred to as the Single List).

For products included in the Unified List, in respect of which the technical regulations of the Customs Union or the technical regulations of the EurAsEC have not come into force, the norms of the legislation of the Parties in the field of technical regulation shall apply.

The unified list and the procedure for maintaining it are approved by the Commission.

The Parties do not allow the establishment in national legislation of mandatory requirements for products not included in the Unified List.

The technical regulations of the Customs Union are developed only for products included in the Unified List, if the EurAsEC technical regulations have not been adopted for such products.

In case of adoption of the technical regulation of the EurAsEC in relation to products for which the technical regulation of the Customs Union has been adopted, the technical regulation of the Customs Union or its corresponding part shall be terminated from the date of entry into force of the technical regulation of the EurAsEC.

The technical regulations of the Customs Union are developed and adopted in order to ensure the protection of life and health of citizens on the territory of the Customs Union, environmental protection, prevention of actions that mislead consumers, as well as to ensure energy efficiency and resource conservation.

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

The technical regulations of the Customs Union establish requirements for products or for products and the processes of production, installation, adjustment, operation (use), storage, transportation (transportation), sale and disposal, as well as the rules for identification, forms, diagrams and procedures for assessing (confirming) conformity.

The technical regulation of the Customs Union may also contain requirements for terminology, packaging, marking, 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.

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

The technical regulations of the Customs Union may contain specific requirements that reflect the features associated with the climatic, geographical features of the Parties or technological factors, and are valid only on the territory of such Parties.

The procedure for the development, adoption, amendment and cancellation of the technical regulations of the Customs Union is established by the Commission of the Customs Union.

The procedure for the entry into force of the adopted technical regulation of the Customs Union and, if necessary, transitional provisions are determined in the technical regulation and (or) in the decision of the Commission of the Customs Union on the adoption of the technical regulation of the Customs Union.

From the date of entry into force of the technical regulations of the Customs Union on the territory of the Parties, the relevant mandatory requirements established by the legislation of the Parties shall not apply.

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

In order to fulfill the requirements of the technical regulation of the Customs Union, the Commission approves a list of 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 regulation of the Customs Union is ensured.

In order to conduct research (tests) and measurements in assessing (confirming) compliance with the requirements of the technical regulations of the Customs Union, the Commission approves a list of regional, and in their absence, national (state) standards of the Parties containing rules and methods for testing and measuring, including sampling rules necessary for the application and fulfillment of the requirements of the adopted technical regulation of the Customs Union and the assessment (confirmation) of conformity.

Products, in respect of which the technical regulation (technical regulations) of the Customs Union has been adopted, are put 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 regulation (technical regulations) of the Customs Union.

Conformity assessment, 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 in other forms.

When declaring conformity, the applicant may be a legal entity or an individual registered in accordance with the legislation of the Party in its territory as an individual entrepreneur, or 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 technical regulations of the Customs Union and in terms of liability for non-compliance of the supplied products with the requirements of the technical regulations of the Customs Union (a person acting as a foreign manufacturer). The range of applicants is established by the relevant technical regulations.

Application on a voluntary basis of international, regional standards and (or) national (state) standards included in the list specified in paragraph 2 of Art. 6 of the Agreement is a sufficient condition for compliance with the requirements of the relevant technical regulation of the Customs Union.

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

Products that meet all the requirements of the technical regulations of the Customs Union that have come into force that apply to these products, and that have passed the procedures for assessing (confirming) conformity established by the technical regulations of the Customs Union, are marked with a single mark of product circulation.

Standard schemes for assessment (confirmation) of conformity, uniform forms of documents on assessment (confirmation) of conformity (declaration of conformity with the technical regulations of the Customs Union, certificate of conformity with the technical regulations of the Customs Union), the image of a single sign of product circulation and the procedure for its application are approved by the Commission.

Work on the assessment (confirmation) of product compliance with established requirements within the framework of the Customs Union is carried out by accredited certification bodies (assessment (confirmation) of conformity) 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 assessment (confirmation) of conformity in the customs territory of the Customs Union dated December 11, 2009.

Recognition of the results of work on accreditation of certification bodies (assessment (confirmation) of conformity), testing laboratories (centers) that perform work on the assessment (confirmation) of product compliance with 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 ( assessment (confirmation) of conformity) and testing laboratories (centers) performing work on the assessment (confirmation) of conformity, dated December 11, 2009, as well as by separate agreements of the Parties.

Recognition of the results of the assessment (confirmation) of conformity of products included in the Unified List, in respect of which the technical regulations of the Customs Union or the technical regulations of the EurAsEC have not come into force, is carried out in accordance with the Agreement on the circulation of products subject to mandatory assessment (confirmation) of conformity in the customs territory of the Customs Union dated December 11, 2009, as well as by separate agreements of the Parties.

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) the conformity of products with the requirements of the technical regulations of the Customs Union is established by the legislation of the Party.

Upon detection of products that do not comply with the requirements of the technical regulations of the Customs Union, or are subject to assessment (confirmation) of conformity and are received or in circulation without a document on assessment (confirmation) of conformity and (or) without marking with a single sign of circulation on the market of the Customs Union, empowered bodies The Parties are obliged to take measures to prevent these products from circulation, to withdraw them from circulation in accordance with the legislation of the Party, as well as to inform other Parties about this.

The Parties undertake to harmonize the legislation of the Parties in the field of establishing liability for violation of the requirements of the technical regulations of the Customs Union, as well as when carrying out procedures for assessing (confirming) the conformity of products with the requirements of the technical regulations of the Customs Union.

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

The empowered national authorities of the Parties when conducting 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 the mandatory requirements of the legislation of the Party for products in respect of which the technical regulations of the Customs Union have not been adopted, and classifying products put into circulation as products that pose a danger to human life and (or) health, property, environmental protection, life and (or) health of animals and plants, as soon as possible (or simultaneously with the establishment of such a discrepancy or the identification of hazardous products ) send relevant information to the information system, notify the empowered national authorities of the Parties about this and take measures to prevent such products from entering the territory of the Parties.

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

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

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

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

The Commission of the Customs Union, from the date of granting to it by the Parties of the relevant powers, performs the following functions:

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 developing, adopting, amending and canceling the technical regulations of the Customs Union;

approval of the procedure for the development and adoption of lists of regional, and in their absence, national (state) standards;

approval of standard schemes for assessment (confirmation) of conformity;

approval of uniform forms of documents on the assessment (confirmation) of conformity (declaration of conformity of the Customs Union, certificate of conformity of the Customs Union), images of a single mark of circulation of products and the procedure for its application;

approval of the provision on a single mark of circulation of products.

2. Decisions of the Commission of the Customs Union on technical regulation

Decision of the Commission of the Customs Union No. 319 dated June 18, 2010 "On technical regulation in the Customs Union" approved:

Regulations on the procedure for including certification bodies and testing laboratories (centers) in the Unified Register of certification bodies and testing laboratories (centers) of the Customs Union, as well as its formation and maintenance;

Regulations on the procedure for the formation and maintenance of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in accordance with the Unified Form;

Unified forms of the certificate of conformity and declaration of conformity;

Regulations on the procedure for importing products (goods) subject to mandatory assessment (confirmation) of conformity into the customs territory of the Customs Union;

Regulations on the Coordinating Committee for Technical Regulation, Application of Sanitary, Veterinary and Phytosanitary Measures;

Unified list of products subject to mandatory assessment (confirmation) of conformity within the framework of the customs union with the issuance of unified documents (Unified list of products).

Determined that:

before January 1, 2012, for products included in the Unified List of Products, at the choice of the applicant, certificates of conformity are issued and declarations of conformity are issued according to uniform forms and / or certificates of conformity and declarations of conformity in accordance with the laws of the Member States of the Customs Union;

for products of foreign manufacturers located outside the territory of the member states of the Customs Union, certificates of conformity or declarations of conformity are issued in accordance with the legislation of the state - a member of the Customs Union, or certificates of conformity according to the Unified Form;

Establish that the labeling of products included in the Unified List of Products is carried out in accordance with the legislation of the country of destination.

Enlarged Unified list of products subject to mandatory assessment (confirmation) of conformity within the framework of the Customs Union with the issuance of unified documents

Unified list of products subject to mandatory assessment (confirmation) of conformity within the framework of the Customs Union with the issuance of unified documents (position 1.1. is presented as a sample of the Unified List) Electrical products1.1refrigerators, freezers<1>GOST R 51317.3.2-2006 (IEC 61000-3-2:2005) GOST R 51317.3.3-2008 (IEC 61000-3-3:2005) GOST R 51318.14.1-2006 (CISPR 14-1:2005) GOST R 51318.14.2-2006 (CISPR 14-2:2001) STB IEC 60335-2-24-20078418 10 8418 21 8418 29 000 0 8418 30 8418 402. Machines and devices for mechanization of kitchen work3. Microclimate and soft heat devices4. Sanitary and hygienic devices5. Electromechanical hand tool with built-in electric motor6. Other household appliancesChapter 2. Household radio-electronic equipment7. Household radio-electronic equipment powered by AC mainsChapter 3. Lighting products8. Lamps9. Fixtures10. Accumulators and rechargeable batteriesChapter 4. Household equipment operating on solid, liquid and gaseous fuels11. Apparatuses heating and heating Chapter 5. Computer facilities12. Computers, electronic personal and related equipment Chapter 6. Products used in the road industry13. Materials for road constructionChapter 7. Agricultural machinery14. Agricultural machineryChapter 8. Light industry goods15. Footwear special16. Industrial clothing17. Light industry products for children18. Other light industry productsChapter 9. Toys and goods for children19. Toys20. Goods for childrenChapter 10. Tobacco products21. Tobacco productsChapter 11. Clock22. Electric and electronic clocks powered by AC mains Chapter 12. Small boats23. Small boatsChapter 13. Furniture (except for those made according to sketches and drawings of the customer)24. FurnitureChapter 14. Glass containers25. Glass containers for canning and food liquidsChapter 15. Packaging materials26. Metal lidsChapter 16. Crockery27. Dishes (for adults)28. Crockery (children's) Chapter 17. Food for animals, birds and fish29. Compound feed, including those produced using mobile units30. Feed protein supplementsChapter 18. Personal protective equipment31. Protective equipment for hearing, breathing, eyes, head, face Chapter 19. Petroleum products32. Motor and transmission oils in consumer containers (with a capacity of not more than 5 liters) for household consumption Chapter 20. Detergents33. Synthetic detergents for washing linen, soap, powdered detergents Chapter 21. Sanitary products34. Sanitary productsChapter 22. Finished food products35. Fish products and other food products

Notes.

For products included in the Unified list of products subject to mandatory assessment (confirmation) of conformity within the Customs Union with the issuance of unified documents (Unified List), at the choice of the applicant, certificates of conformity are issued and declarations of conformity are issued according to unified forms and / or certificates of conformity and declarations on compliance in accordance with the national laws of the Member States of the Customs Union.

At the same time, for the products of foreign manufacturers located outside the territory of the member states of the Customs Union, certificates of conformity or declarations of conformity are issued in accordance with the national legislation of the state - a member of the Customs Union, or certificates of conformity in a single form.

Products not included in the Unified List are subject to mandatory assessment (confirmation) of conformity in accordance with the national legislation of the Member States of the Customs Union.

The validity period of a certificate of conformity issued in a single form and a declaration of conformity for products in a single form should not exceed five years.

As one of the documents for issuing a declaration of conformity in a single form for products included in the Unified List, certificates of conformity issued in the national systems of conformity assessment (certification) of the member states of the Customs Union by certification bodies (assessment (confirmation) of conformity) can be used included in the Unified Register of Certification Bodies and Testing Laboratories (Centers) of the Customs Union.

The third party, when carrying out the procedure for declaring the conformity of products included in the Unified List, is understood to be certification bodies (assessment (confirmation) of conformity) and testing laboratories (centers) included in the Unified Register of Certification Bodies and Testing Laboratories (centers) of the Customs Union.

When issuing and issuing certificates of conformity and registering declarations of conformity in a single form, for products included in the Unified List, interstate standards, national (state) standards of the Member States of the Customs Union, as well as Uniform sanitary-epidemiological and hygienic requirements for goods are applied, subject to sanitary and epidemiological supervision (control) and Uniform veterinary (veterinary and sanitary) requirements for goods subject to veterinary control (supervision).

Tests for issuing certificates of conformity and drawing up declarations of conformity in a single form are carried out by testing laboratories (centers) included in the Unified Register of certification bodies and testing laboratories (centers) of the Customs Union.

Issuance of certificates of conformity and registration of declarations of conformity in a single form for products included in the Unified List is carried out by certification bodies (assessment (confirmation) of conformity) included in the Unified Register of Certification Bodies and Testing Laboratories (Centers) of the Customs Union.

A single list is valid for a specific type of product until the entry into force of a single (s) technical (their) regulation (s) for this type of product for the member states of the Customs Union.

Products are excluded from the Unified List from the date of entry into force of these regulations in all member states of the customs union.

When sold on the territory of a state - a member of the Customs Union, products included in the Unified List must be labeled in accordance with the legislation of this state.

Certificates of conformity issued in a unified form and accepted declarations of conformity of products are documents confirming the conformity of products with the requirements of the national legislation of the states - members of the Customs Union.

The procedure for the formation and maintenance of the Unified list of products subject to mandatory assessment (confirmation) of conformity within the framework of the Customs Union with the issuance of unified documents

The authorized bodies of the member states of the Customs Union (authorized bodies) prepare information for the formation of a Unified list of products subject to mandatory assessment (confirmation) of conformity within the Customs Union with the issuance of unified documents (Unified List), and send it to the Secretariat of the Commission of the Customs Union (Secretariat of the Commission ) the specified information with copies of officially issued documents that served as the basis for the inclusion of products in the Unified List.

The Secretariat of the Commission, within ten days from the date of receipt of the specified information from the authorized bodies, forms on its basis a draft of the Unified List and sends it to the authorized bodies of the states of the Customs Union for approval.

The authorized bodies within fifteen days ensure the internal approval of the submitted draft of the Unified List. Agreed by the member states of the Customs Union, the draft Unified List is approved by the decision of the Commission of the Customs Union.

The unified list, within five days from the date of its approval, is published on the official website on the Internet of the Customs Union, on the official websites on the Internet of authorized bodies.

If it is necessary to make changes to the Unified List, the authorized bodies send proposals to the Secretariat of the Commission on making changes to the Unified List with justification for the need for such changes.

The Secretariat of the Commission organizes the work in coordination with the authorized bodies of the draft amendments to the Unified List.

The draft amendments approved by the authorized bodies are approved by the decision of the Customs Union Commission, within five days from the date of approval by the Customs Union Commission it is published on the official website on the Internet of the Customs Union, official websites on the Internet of authorized bodies.

Products are excluded from the Unified List from the date of entry into force of the unified (s) technical (their) regulations (s) for the member states of the Customs Union for products that are included in the Unified List.

The procedure for including certification bodies and testing laboratories (centers) in the Unified Register of certification bodies and testing laboratories (centers) of the Customs Union, as well as its formation and maintenance

The procedure is determined by the Regulations on the procedure for including certification bodies and testing laboratories (centers) in the Unified Register of certification bodies and testing laboratories (centers) of the Customs Union, as well as its formation and maintenance, developed on the basis of the Decision of the Interstate Council of the EurAsEC dated December 11, 2009 No. 27 in order to implement the provisions of the Agreement on the circulation of products subject to mandatory assessment (confirmation) of conformity in the customs territory of the Customs Union dated December 11, 2009.

The Regulation defines the criteria for inclusion of certification bodies (assessment (confirmation) of conformity) and testing laboratories (centers) (certification bodies and laboratories) in the Unified Register of Certification Bodies and Testing Laboratories (Centers) of the Customs Union (Unified Register), as well as the rules for the formation and maintenance of the Unified Register with the inclusion of information about certification bodies and laboratories accredited in the national systems of the states - members of the Customs Union (Party).

The Unified Register consists of national parts, the formation and maintenance of which is ensured by the authorized bodies of the Member States of the Customs Union (authorized bodies of the Parties).

The national parts of the Unified Register consist of sections containing information:

) about certification bodies;

) about laboratories.

The authorized bodies of the Parties shall ensure the storage, systematization, updating and modification, as well as protection against unauthorized access to information contained in the national parts of the Unified Register.

The Unified Register is formed in electronic form on the basis of software and hardware of the authorized bodies, with access to national parts from the official website on the Internet of the Customs Union and official websites on the Internet of the authorized bodies of the Parties.

The inclusion of the certification body and the laboratory in the Unified Register is carried out by the authorized body of the Party in accordance with the following criteria:

for the certification body:

registration of the certification body as a legal entity in accordance with the legislation of the state - a member of the customs union (Party);

availability in the field of accreditation of products that meet one or more of the following requirements: a) subject to mandatory assessment (confirmation) of compliance with the requirements established by the legislation of the Parties;

b) included in the Unified List of products subject to mandatory assessment (confirmation) of conformity within the framework of the customs union with the issuance of unified documents;

c) subject to mandatory assessment (confirmation) of compliance with the requirements of a single technical (their) regulation (s) for the Parties for this type of product;

the presence in the staff of experts - auditors (experts) in areas of activity corresponding to the scope of accreditation, working as part of one certification body;

it is preferable to have our own testing base accredited for compliance with the requirements of international standards or national standards harmonized (identical) with international standards;

for laboratories: technical regulation customs union

registration of laboratories as a legal entity in accordance with the legislation of the Party;

availability of a valid certificate of accreditation in the national accreditation system of the Party, issued in accordance with the requirements of international standards or national standards harmonized (identical) with international standards;

the presence in the scope of accreditation of products that meet one or more of the following requirements:

a) subject to mandatory assessment (confirmation) of conformity in accordance with the legislation of the Parties and the legislation of the customs union,

b) subject to sanitary and epidemiological supervision (control) in accordance with the legislation of the Customs Union;

c) subject to quarantine phytosanitary control (supervision) in accordance with the legislation of the Customs Union;

d) subject to veterinary control (supervision) in accordance with the legislation of the Customs Union;

absence during the period of validity of the accreditation certificate of violations that led to the release into circulation of products that do not meet the mandatory requirements;

availability of positive results of interlaboratory comparative tests.

The exclusion of the certification body and the laboratory from the Unified Register is carried out by the authorized body of the Party:

) if at least one of the criteria is not met;

) with negative results of mutual comparative assessments of accreditation procedures to the requirements of international standards;

) if there are facts of violations in the activities of the certification body and the laboratory included in the Unified Register;

) in case of failure to provide or untimely provision of information by certification bodies and laboratories in the form of an electronic record specified in the Regulations to the software of the authorized body;

) with negative results of participation in interlaboratory comparative tests.

Information about certification bodies and laboratories is entered by the authorized bodies of the Parties into the national parts of the Unified Register in the form of an electronic record containing:

) information about the scope of accreditation, including:

for certification bodies - the name of product groups and codes of the unified commodity nomenclature of foreign economic activity of the Customs Union (hereinafter - TN VED TS);

for laboratories - the name of product groups and codes of the TN VED TS - based on the documented scope of accreditation, types or methods of testing, controlled indicators, regulatory legal acts and (or) technical regulatory legal acts, regulatory documents regulating controlled indicators and control methods;

) the date of entry into force of the decision of the authorized body to expand or reduce the scope of accreditation, a description in terms of changing the scope of accreditation;

) information about the renewal of the accreditation certificate.

The authorized bodies of the Parties submit information to the Commission of the Customs Union for approval in accordance with the Regulations on Certification Bodies and Laboratories (from the date of vesting the Commission of the Customs Union with the appropriate authority).

If it is necessary to include a certification body or laboratory in the Unified Register or exclude them from the Unified Register, the authorized body of the Party shall submit the necessary information to the Commission of the Customs Union in accordance with the Regulations.

The authorized bodies of the Parties, in accordance with the decision of the Commission of the Customs Union on the approval of the Unified Register or changes to it, post on the official websites on the Internet the following information about certification bodies and laboratories:

) name of the certification body, name of the legal entity, name of the laboratory, legal and actual address, contact numbers, fax, e-mail address, last name, first name, patronymic of the head of the certification body or laboratory;

a) description of the scope of accreditation;

) the registration number of the accreditation certificate and the date of its registration;

) validity period of the accreditation certificate;

) the date of entry into force of the decision of the authorized body to expand or reduce the scope of accreditation, a description in terms of changing the scope of accreditation.

If it is necessary to update the information provided in clause 6 of the Regulations on certification bodies and laboratories included in the Unified Register, the authorized body of the Party sends a list of changes to the information on certification bodies and laboratories to the Commission of the Customs Union in the form of a written notification.

Updated information about certification bodies and laboratories of the Party is posted on the official websites of the Customs Union and the authorized body of the Party after three days from the date of submission of the notification to the Commission of the Customs Union.

Submission, at the request of interested persons, of information about certification bodies and laboratories of the Parties included in the national parts of the Unified Register, is carried out by authorized bodies in accordance with the legislation of the Parties.

In the event of claims against the activities of the certification body or laboratory of the Party, complaints are sent in writing to the authorized body that has included such a certification body or laboratory in the Unified Register.

The procedure for the formation and maintenance of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in a single form

The procedure is determined by the Regulations on the procedure for the formation and maintenance of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in a single form, developed on the basis of the Decision of the Interstate Council of the EurAsEC dated December 11, 2009 No. 27 in order to implement the provisions of the Agreement on the circulation of products subject to mandatory assessment (confirmation) of compliance, in the customs territory of the Customs Union dated December 11, 2009.

The Regulation establishes the procedure for the formation and maintenance of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in a single form within the Customs Union (Unified Register), the provision of information contained in the Unified Register on issued certificates of conformity and registered declarations of conformity, drawn up in a single form (certificates of conformity and declarations of conformity), on suspension, renewal, extension or termination of their validity (information on certificates of conformity and declarations of conformity).

The Unified Register consists of the national parts of the Unified Register, the formation and maintenance of which is ensured by the authorized bodies of the Member States of the Customs Union (authorized bodies of the Parties).

The Unified Register is formed in electronic form on the basis of software and hardware of the authorized bodies of the Parties, with the possibility of access to the national parts of the Unified Register from the official website on the Internet of the Customs Union and the official websites on the Internet of the authorized bodies of the Parties.

To maintain the Unified Register, information technologies are used to ensure the collection, storage, systematization, updating, modification and protection of information, as well as providing access to it from the official website on the Internet of the Customs Union and official websites on the Internet of the authorized bodies of the Parties.

The formation and maintenance of the national parts of the Unified Register includes the entry into the national parts of the Unified Register of information about certificates of conformity and declarations of conformity, their storage, systematization, updating and modification, as well as protection from unauthorized access to the information contained in the national parts of the Unified Register.

Information about certificates of conformity and declarations of conformity is entered by the authorized bodies of the Parties into the national parts of the Unified Register on the basis of a decision to issue a certificate of conformity or register a declaration of conformity, suspend, renew, extend or terminate their validity, adopted in the manner established by the legislation of the Party.

Information about certificates of conformity is entered by the authorized bodies of the Parties into the national parts of the Unified Register in the form of an electronic record containing:

) registration number of the certificate of conformity, validity period, registration number of the form on which the certificate of conformity is issued;

) name, legal and actual address of the applicant;

) name, legal and actual address of the certification body that issued the certificate of conformity;

) last name, first name, patronymic of the head of the certification body,

) last name, first name, patronymic of the expert - auditor (expert);

) information about the certified product, allowing it to be identified;

) code (codes) of the unified Commodity Nomenclature for Foreign Economic Activity of the Customs Union (TN VED CU);

) information on regulatory legal acts and (or) technical regulatory legal acts, regulatory documents (NLA), for compliance with the requirements of which certification was carried out;

) information on the documents provided by the applicant to the certification body as evidence of product compliance with the requirements of the regulatory legal acts, information on the studies (tests) and measurements carried out;

) additional information specified in the relevant position of the certificate of conformity;

- date and reason for suspension, renewal or termination of the certificate of conformity;

) date, term of renewal of the certificate of conformity and the basis for its renewal;

) information about the application (applications) to the certificate of conformity.

Information about declarations of conformity is entered by the authorized bodies of the Parties into the national parts of the Unified Register in the form of an electronic record containing:

) registration number and date of registration of the declaration of conformity;

) name, legal and actual address of the applicant (declarant);

- name, legal and actual address of the manufacturer;

) information about the product covered by the declaration of conformity, which allows the product to be identified;

) code (codes) of the FEACN of the Customs Union;

) information on legal and regulatory acts, the conformity of products with the requirements of which is confirmed;

) information about the studies (tests) and measurements carried out, the management system certificate, as well as other documents that are the evidence base;

- validity period of the declaration of conformity;

) name, legal and actual address of the certification body that registered the declaration of conformity;

) last name, first name and patronymic of the head of the certification body that registered the declaration of conformity;

) details of the annex(es) to the declaration of conformity.

The authorized bodies shall place in the public information system no later than three days after the issuance/registration of the certificate of conformity/declaration of conformity:

information about certificates of conformity;

information about declarations of conformity.

The formation and maintenance of the national parts of the Unified Register is carried out in conditions that prevent unauthorized access to the information contained in them. To prevent the loss of the specified information, the authorized bodies form a backup copy of the national parts of the Unified Register.

Information on the suspension, renewal or termination of the declaration of conformity in accordance with the instructions of the state control (supervision) body of the Party is entered into the national part of the Unified Register by the authorized body of the Party in accordance with its legislation.

The provision, at the request of interested persons, of information about certificates of conformity and declarations of conformity contained in the national part of the Unified Register is carried out by the authorized body of the Party.

Unified form of certificate of conformity

Unified form of the certificate of conformityCUSTOMS UNION(1)CERTIFICATE OF CONFORMITY No. CU ___________________________(2)Mark of conformity(3)Series ___ No XXXXXXX(4)(5)CERTIFICATION BODY(6)APPLICANT(7)MANUFACTURER(8)PRODUCT(9)TN code FEA CU (10) COMPLIES WITH REQUIREMENTS (11) CERTIFICATE ISSUED ON THE BASIS OF (12) ADDITIONAL INFORMATION VALIDITY FROM (13) TO (14) Head person) of the certification body (authorized (15) signature, initials, surname L.P. Expert-auditor (expert) signature, initials, surname

Requirements for the forms of the certificate of conformity and the rules for filling them out

Certification bodies (assessment (confirmation) of conformity) of the member states of the Customs Union (certification bodies included in the Unified Register of Certification Bodies and Testing Laboratories (Centers) of the Customs Union - Certification Bodies of the Parties) that certify products included in the Unified List products subject to mandatory assessment (confirmation) of conformity within the Customs Union with the issuance of unified documents (Unified List), draw up certificates of conformity in a unified form (certificates of conformity) and transfer information about them to the authorized body of the Party in accordance with the Regulation on the procedure for the formation and maintenance Unified register of issued certificates of conformity and registered declarations of conformity, drawn up in a single form, approved by the decision of the Commission of the Customs Union.

Forms of certificates of conformity and forms of annexes to certificates of conformity (forms) are documents of strict accountability, have at least four degrees of protection, including:

guilloche positive display frame;

microtext placed around the perimeter of the guilloche frame;

translucent holographic security element;

printing number (series designation) and serial number of the form (number of seven Arabic numerals).

Forms are made in the states - members of the Customs Union in a typographical way. At the same time, the typographical number of the form produced in the Republic of Belarus contains the designation "Series BY", in the Republic of Kazakhstan - "Series KZ", in the Russian Federation - "Series RU".

Forms are filled out exclusively with the use of electronic printing devices. The front side of the form is filled in Russian, the reverse side can be filled in the state language of the Party in which the certificate of conformity was issued, in accordance with the details (positions) established in a single form.

Position 1 - Inscriptions made in the following vertical sequence: "Customs Union", "Certificate of Conformity".

Position 2 - Registration number of the certificate of conformity, which is formed in accordance with the national rules of the Parties, with the mandatory inclusion of the abbreviation CU - Customs Union and the state code: BY - Belarus, KZ - Kazakhstan, RU - Russia.

Position 3 - Conformity mark of the certification system (conformity assessment) of the Party.

Position 4 - Accounting (individual) number of the form of the certificate of conformity, made during the manufacture of the form.

Position 5 - Full name, legal and actual address (including the name of the state), telephone, fax, e-mail address of the certification body that issued the certificate of conformity, registration number of the accreditation certificate of the certification body, date of registration of the accreditation certificate, name of the accreditation body that issued accreditation certificate.

Position 6 - Depending on who issued the certificate of conformity, the manufacturer and (or) supplier is indicated. Then the full name of the applicant, information on state registration as a legal entity or individual entrepreneur, legal and actual address (including the name of the state), telephone, fax, e-mail address are indicated.

Position 7 - Full name of the organization - manufacturer of certified products, address (including the name of the state), including the addresses of its branches, the products of which are covered by the certificate of conformity.

Position 8 - Information about the products for which the certificate of conformity was issued:

information about the product, providing its identification (type, brand, model, product article, etc.);

designation of regulatory legal acts and (or) technical regulatory legal acts, regulatory documents (hereinafter referred to as RLA), in accordance with which the products are manufactured;

name of the object of certification (serial production, batch or single product). In the case of serial production, the entry "serial production" is made. For a batch of products, the batch size is indicated, for a single product - the serial number of the product, in addition, in both cases, the details of the shipping documentation are given.

Position 9 - Code of the Unified Commodity Nomenclature for Foreign Economic Activity of the Customs Union (hereinafter - TN VED CU);

Position 10 - Designation of legal acts with indication of sections (paragraphs, subparagraphs) for compliance with the requirements of which certification was carried out and provided for by the Unified List.

Position 11 - Designation (name) of documents on the basis of which a certificate of conformity is issued.

Depending on the certification scheme, the following documents can be used as such documents:

protocols of certification tests of products conducted by accredited testing laboratories (centers) included in the Unified Register of certification bodies and testing laboratories (centers) of the Customs Union;

management system certificate;

act of analysis of the state of production;

documents stipulated for these products by the legislation of the Parties and issued by authorized bodies and institutions (certificate of state registration, veterinary certificate, phytosanitary certificate, fire safety certificate, etc.), indicating the number, date of issue, etc.;

Copies of documents submitted to confirm the conformity of products with the requirements of legal acts must be certified by the signature and seal of the applicant (for an individual entrepreneur - if there is a seal).

Position 12 - Conditions and terms of storage of products, expiration date, other information identifying products (data are provided if necessary).

Position 13 - Date of registration of the certificate of conformity in the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in a single form (number - two Arabic numerals, month - two Arabic numerals, year - four Arabic numerals).

Position 14 - Validity period of the certificate of conformity (number - two Arabic numerals, month - two Arabic numerals, year - four Arabic numerals).

Position 15 - Seal of the certification body, signature, initials, surname of the head (authorized person) of the certification body, expert - auditor (expert). The use of a facsimile instead of a signature is not allowed.

With a significant amount of information included in the above positions, such information can be given in the annex (applications) to the certificate of conformity. Applications are drawn up on the application form to the certificate of conformity and are an integral part of the certificate of conformity. Each sheet of the application must contain the registration number of the certificate of conformity, signatures, initials, surnames of the head (authorized person) and expert - auditor (expert) of the certification body, the seal of this body. In position 8 of the certificate of conformity, it is necessary to provide a link to the application (applications) indicating the account numbers of the forms of applications to the certificate of conformity.

Additional entries in the details of the form, not provided for by a single form of a certificate of conformity, as well as abbreviations, any corrections to the text are not allowed.

Copies of certificates of conformity, including annexes to them, are certified in accordance with the legislation of the Party in whose territory the certificate of conformity was issued, drawn up in a single form.

The unified form of the certificate of conformity is posted in electronic form on the official website on the Internet of the Customs Union, on the official websites on the Internet of the authorized bodies of the Parties and certification bodies.

Unified form of declaration of conformity (Approved by the Decision of the Commission of the Customs Union dated June 18, 2010 No. 319)

Uniform Declaration of Conformity Customs Union (7) (8) signature, initials, surname of the head of the organization (person authorized by him) or individual entrepreneur M.P, (9) Information on the registration of the declaration of conformity Registration number of the declaration of conformity of the Customs Union No. ) signature, initials, surname of the head of the certification body (authorized person) M.P.,

Requirements for drawing up a declaration of conformity and rules for filling it out

The manufacturer (supplier) of products subject, in accordance with the Unified List of Products subject to mandatory assessment (confirmation) of conformity within the Customs Union with the issuance of unified documents (Unified List), to declaration of conformity, draws up a declaration of conformity in a single form (declaration of conformity).

The declaration of conformity is subject to registration in accordance with the rules established by the legislation of the member states of the Customs Union (Party).

Certification bodies (assessment (confirmation) of conformity) of the Parties (certification bodies included in the Unified Register of certification bodies and testing laboratories (centers) of the Customs Union - certification bodies of the Parties) register declarations of conformity and transfer information about them to the authorized body of the Party , in accordance with the Regulations on the procedure for the formation and maintenance of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in a single form, approved by the decision of the Commission of the Customs Union.

The declaration of conformity is drawn up on sheets of white paper of A 4 format (210x297).

All details provided in the declaration of conformity form must be completed.

Declarations of conformity are filled out exclusively with the use of electronic printing devices in Russian. The reverse side of the declaration of conformity may be completed in the language of one of the Parties.

Additional entries in the details of the declaration of conformity that are not provided for by the unified form of the declaration of conformity, as well as abbreviations of words, any corrections to the text are not allowed.

Description of details (positions).

Position 1 - Full name of the manufacturer, supplier or last name, first name, patronymic of the individual entrepreneur who accepted the declaration of conformity, legal and actual address (including the name of the state), telephone, fax, e-mail address, information about the state registration of these entities as a legal entity or individual entrepreneur.

Position 2 - Position, surname, name, patronymic of the head of the organization - manufacturer, supplier, on whose behalf the declaration of conformity is accepted (in case of acceptance of the declaration of conformity by an individual entrepreneur, position 2 is not filled in).

Position 3 - Information about the products in respect of which a declaration of conformity has been adopted:

full name of the product;

information about the product, providing its identification (type, brand, model, article, etc.);

full name of the manufacturer with the address (including the name of the state);

designation of regulatory legal acts and (or) technical regulatory legal acts, regulatory documents (NRAs), in accordance with which the products are manufactured;

code of the unified Commodity Nomenclature for Foreign Economic Activity of the Customs Union (TN VED CU);

name of the declared object type (serial production, batch or single product). In the case of serial production, the entry "serial production" is made. For a batch of products, the batch size is indicated, for a single product - the serial number of the product, in addition, in both cases, the details of the shipping documentation are given.

Position 4 - Designation of RLAs, compliance with the requirements of which is confirmed by this declaration of conformity (indicating sections (paragraphs, subparagraphs) of RLAs) and provided for by the Unified List.

Position 5 - Designation (name) of documents on the basis of which a declaration of conformity is adopted.

Such documents can be used:

confirming compliance with mandatory requirements, test reports of products conducted by accredited testing laboratories (centers) included in the Unified Register of Certification Bodies and Testing Laboratories (centers) of the Customs Union;

documents stipulated for these products by the legislation of the Parties and issued by authorized bodies, institutions and organizations (certificate of state registration, veterinary certificate, phytosanitary certificate, fire safety certificate), indicating the number, date of issue, etc.;

other documents confirming the compliance of products with mandatory requirements.

Copies of documents submitted to confirm the conformity of products with the requirements of legal acts must be certified by the signature and seal (for an individual entrepreneur - if available) of the product manufacturer or supplier.

Position 6 - Conditions and terms of storage of products, expiration date, other information identifying products (data are provided if necessary).

Position 7 - Validity period of the declaration of conformity (number - two Arabic numerals, month - two Arabic numerals, year - four Arabic numerals).

Position 8 - Seal of the organization - manufacturer, supplier, if the manufacturer or supplier is an individual entrepreneur - seal of an individual entrepreneur (if any), signature, initials and surname of the head of the organization - manufacturer or supplier, if the manufacturer or supplier is an individual entrepreneurs - the initials and surname of the individual entrepreneur.

The use of a facsimile instead of a signature is not allowed.

Positions 9, 10, 11, 12 - Information about the registration of the declaration of conformity, filled in by the certification body.

Position 9 - Full name and legal address (including the name of the state), telephone, fax, e-mail address of the certification body that registered the declaration of conformity, registration number of the certification body accreditation certificate, date of the registration accreditation certificate, name of the accreditation body that issued the certificate accreditation.

Positions 10, 11 - Registration number of the declaration of conformity, which is formed in accordance with the legislation of the Parties, with the mandatory inclusion of the abbreviation TS - Customs Union and the state code: BY - Belarus, KZ - Kazakhstan, RU - Russia, and the date of its registration (number - two in Arabic numerals, month in two Arabic numerals, year in four Arabic numerals).

Position 12 - Seal of the certification body, signature, initials and surname of its head or authorized person. The use of a facsimile instead of a signature is not allowed.

With a significant amount of information included in the above positions, such information can be given in the annex (s) to the declaration of conformity. The application (applications) is an integral part of the declaration of conformity, each sheet of the application must contain the registration number of the declaration of conformity, signatures, initials, surnames of the head (authorized person) of the certification body, seal of this body. In the declaration of conformity, it is necessary to provide a link to the application (applications) indicating the number of sheets on which this application is drawn up.

Copies of declarations of conformity, including annexes to them, are certified in accordance with the legislation of the Party in whose territory the declaration of conformity was registered, drawn up in a single form.

The unified form of the declaration of conformity is posted electronically on the official website on the Internet of the Customs Union, on the official websites on the Internet of authorized bodies and certification bodies of the Parties.

Literature

1. Customs law of Russia.-M: Omega-L, 2008. - 207p.- (High School Library)

Customs Code of the Russian Federation: Official text as of January 10, 2008. - M .: Omega-L, 2008. - 288 p.. - (Codes of the Russian Federation)

Customs Code of the Russian Federation: As of April 20, 2008. - Novosibirsk: Siberian University Publishing House, 2008. - 224 p.. - (Codes. Laws. Norms)

Customs: A textbook for students of economic specialties studying "Customs", as well as for university teachers. - M .: Omega-L, 2008. - 192 p. . 183-190.-Bibliography: p. 191-19

Customs: Textbook for university students; Rec.: V.P. Popkov, N.V. Akilov, UMO of universities of Russia according to.-Rostov n / D: PHOENIX, 2007. - 319 p..- (Higher education)

Customs law: a course of lectures for students and teachers of economic faculty. and universities.-M.: KnoRus, 2006. - 316 p..-Bibliography: p. 313-315

Customs Code of the Russian Federation: The text of the Code is given as of July 5, 2006; E. Osminina.-M.: Omega-L, 2006. - 288 p..- (Codes of the Russian Federation)

Customs Code of the Russian Federation: Official text as of September 11, 2006.-M.: Omega-L, 2006. - 288 p..- (Codes of the Russian Federation)

Jurisprudence: A textbook for university students studying non-legal specializations; Rec.: B.V. Rossinsky, P.V. Alexy, I.G. Shablinsky, Ministry of Education of the Russian Federation.-M.: UNITI, 2005. - 416 p..-Appendix: p. 354-398.-Glossary of terms: p. 399-405.-B

Customs law: A textbook for university students studying in special. 021100 "Jurisprudence"; Moscow University of the Ministry of Internal Affairs of Russia, Russian Legal Acad. Ministry of Justice of the Russian Federation; MM. Rassolov, N.D. Eriashvili, V.N. Galuzo and others; Ed.: M.M. Rassolova, N.D. Eriashvili; Rec. I.A. Eremichev, Ministry of Education and Science-M.: UNITI-DANA, 2005. - 384 p.

Through the vigorous activity of the state in the areas of standardization and conformity assessment, its dominant and regulatory role in the consumer markets of the country is manifested. In this case, regulation refers to the actions of the state that organize and determine the behavior of economic entities in the markets with the help of established rules and norms.

At the present stage of active development of market relations, a reseller and a manufacturer, striving for a successful entry into the market, victory in competition and raising the reputation of a brand, are interested in:

recommended and mandatory requirements for the quality of manufactured products, established in standards and technical legislation;
confirmation of the conformity of the quality characteristics of products with the requirements of a mandatory (or recommendatory) nature and quality systems through declarations and certificates of conformity.

The listed documents (declarations and certificates of conformity, technical legislation, standards) are the final result of the activity called technical regulation. In other words, technical regulation is a set of rules for legal regulation in three areas of product quality protection - standardization, technical legislation and confirmation (assessment) of conformity.

In order to create the foundations for a unified policy in the areas of standardization, technical regulation and certification that meets modern, current international requirements, the Federal Law on Technical Regulation was adopted, on the basis of which new legal norms appeared, primarily technical regulations that significantly change the daily economic life of the Russian Federation. Thus, the formation of the TR complex in the country is aimed primarily at using the results of scientific and technical activities, as well as protecting national developments in the interests of the domestic economy and ensuring the technological security of the state as a whole.

The formation of a technical regulation system in Russia allows achieving the following tasks and goals:

reduction of economic and administrative pressure on the manufacturer;
creation of two-level regulatory documentation for clarity and clarity in the relationship in the market;
increasing the level of effectiveness in protecting existing consumer markets from the presence of hazardous products;
expanding the opportunities of companies and enterprises in the choice of commercial solutions based on the elimination of duplication of procedures and redundant certification requirements;
absence of technical barriers to trade;
achievement of the European level of production safety on the basis of mandatory and voluntary confirmation of compliance with applicable standards;
all possible stimulation of economic development.

An important goal of adopting legislative norms on technical regulation is to compare and bring Russian certification and standardization procedures in full compliance with the current WTO requirements.

Basic principles of technical regulation

Technical regulation creates the basis for solving two complex tasks:

regulation of the internal market - the development of mechanisms for the formation of requirements for goods and the assessment of its compliance in order to increase the competitiveness of goods and improve the economy as a whole. At the same time, the state establishes safety requirements, and consumer properties and characteristics are formed by the market. The main task of the state in such a case is to create equal and favorable conditions for participants in market relations;
the creation of conditions for the successful development of foreign trade is caused by the problems of globalization, which consist in the development of technical regulation mechanisms, taking into account the harmonization of the rules established by the international community.

Based on these tasks, we can conditionally identify several basic principles of technical regulation:

compliance of the technical regulation system with the level of development of the domestic economy. The requirements established in the TR should have the minimum necessary for the overall achievement of regulatory goals;
commitment and unity to the implementation of TR throughout Russia;
the use of uniform rules for establishing requirements for manufactured products;
establishment in the TR of operational characteristics;
the use of national standards as an evidence base for the fulfillment of TR requirements;
formation of technical regulation mechanisms according to the risk assessment of product use;
independence of certification bodies and accreditation bodies from manufacturers, consumers or sellers;
inadmissibility of combining certification and accreditation activities (powers of certification bodies and state supervision bodies).

On the basis of the adopted agreements on uniform rules in the field of technical regulation, the CU member countries also predetermined the main goals and objectives of conformity assessment.

Thus, technical regulation in the Customs Union has several principles:

implementation of a coordinated policy in the field of technical regulation - based on the EurAsEC agreements. Does not apply to the use and establishment of sanitary, veterinary and phytosanitary measures;
the establishment of unified TR TS - for products and goods included in the unified register;
application of national legislation - before the entry into force of the technical regulations of the Customs Union;
preventing the approval of mandatory requirements in national legislation in relation to products that are not included in a single list.

The development of a new legislative framework based on the above principles makes it possible to achieve an optimal legal form that determines state control over the manufacture of goods and products, which prevents harm to human health and life, property and the environment.