The procedure for the development and adoption of technical regulations. Change and cancellation of technical regulations. On the procedure for the development, adoption, amendment and cancellation of the technical regulations of the Eurasian Economic Union A single list of products in respect of which
1. A technical regulation may be adopted by an international treaty of the Russian Federation subject to ratification in accordance with the procedure established by the legislation of the Russian Federation, or in accordance with an international treaty of the Russian Federation ratified in accordance with the procedure established by the legislation of the Russian Federation. Such technical regulations are developed, adopted and canceled in the manner adopted in accordance with the international treaty of the Russian Federation, ratified in the manner prescribed by the legislation of the Russian Federation.
Prior to the entry into force of a technical regulation adopted by an international treaty of the Russian Federation subject to ratification in the manner prescribed by the legislation of the Russian Federation, or in accordance with an international treaty of the Russian Federation ratified in the manner established by the legislation of the Russian Federation, the technical regulation may be adopted by decree of the President of the Russian Federation , or a decree of the Government of the Russian Federation, or a regulatory legal act of the federal executive body for technical regulation in accordance with the provisions of this Federal Law.
The technical regulations developed in accordance with the procedure established by this article shall be adopted by a decree of the Government of the Russian Federation.
(see text in previous edition)
(see text in previous edition)
2. The developer of a draft technical regulation may be any person.
3. A notification about the development of a draft technical regulation must be published in the printed edition of the federal executive body for technical regulation and in the public information system in electronic digital form.
The notification on the development of a draft technical regulation should contain information on which products or what processes of design (including surveys), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal related to the requirements for it will be established by the developed requirements, with a brief statement of the purpose of this technical regulation, a justification for the need for its development and an indication of those requirements being developed that differ from the provisions of the relevant international standards or mandatory requirements in force on the territory of the Russian Federation at the time of the development of the draft of this technical regulation, and information on how to get acquainted with draft technical regulation, the name or surname, name, patronymic of the developer of the draft technical regulation, postal address and, if available, e-mail address, which should be used to receive comments in writing of interested parties.
(see text in previous edition)
4. From the moment of publication of a notice on the development of a draft technical regulation, the relevant draft technical regulation shall be available to interested persons for familiarization. The developer is obliged, at the request of the interested person, to provide him with a copy of the draft technical regulation. The fee charged for the provision of this copy may not exceed the cost of its production.
The developer finalizes the draft technical regulation taking into account the comments received in writing from interested parties, conducts a public discussion of the draft technical regulation and compiles a list of comments received in writing from interested parties with a summary of the content of these comments and the results of their discussion.
The developer is obliged to keep the comments received in writing from interested parties until the date of entry into force of the technical regulation adopted by the relevant regulatory legal act and provide them to representatives of state authorities and the expert commissions for technical regulation specified in paragraph 9 of this article at their request.
(see text in previous edition)
The period of public discussion of a draft technical regulation from the date of publication of a notice on the development of a draft technical regulation to the day of publication of a notice of completion of the public discussion may not be less than two months.
5. Notification of the completion of the public discussion of the draft technical regulation must be published in the printed edition of the federal executive body for technical regulation and in the public information system in digital form.
The notification of the completion of the public discussion of the draft technical regulation should include information on the method of familiarization with the draft technical regulation and the list of comments received in writing from interested parties, as well as the name or surname, name, patronymic of the developer of the draft technical regulation, postal address and, if available, address e-mail, through which the developer can be contacted.
From the date of publication of the notification of the completion of the public discussion of the draft technical regulation, the finalized draft technical regulation and the list of comments received in writing from interested parties should be available to interested parties for review.
6. The federal executive body for technical regulation is obliged to publish notices in its printed publication about the development of a draft technical regulation and the completion of the public discussion of this draft within ten days from the date of payment for the publication of notices. Order of publication of notices and size
(see text in previous edition)
8.1. A draft resolution of the Government of the Russian Federation on technical regulations, developed in accordance with the procedure established by paragraphs 2 - of this article and prepared for consideration at a meeting of the Government of the Russian Federation, no later than thirty days before the day of its consideration, is sent for examination to the appropriate expert commission on technical regulation, which established and operates in the manner prescribed by paragraph 9 of this article. The draft resolution of the Government of the Russian Federation on technical regulations is considered at a meeting of the Government of the Russian Federation, taking into account the conclusion of the relevant expert commission on technical regulation.
The draft resolution of the Government of the Russian Federation on technical regulations must be published in the printed edition of the federal executive body for technical regulation and posted in the public information system in electronic digital form no later than thirty days before the date of its consideration at a meeting of the Government of the Russian Federation. The procedure for publishing and posting the said draft resolution is established by the Government of the Russian Federation.
9. Examination of draft technical regulations is carried out by expert commissions for technical regulation, which include representatives of federal executive bodies, scientific organizations, self-regulatory organizations, public associations of entrepreneurs and consumers on an equal footing. The procedure for the creation and operation of expert commissions for technical regulation is approved by the Government of the Russian Federation. The federal executive body for technical regulation approves the composition of expert commissions for technical regulation and ensures their activities. Meetings of expert commissions on technical regulation are open.
The conclusions of expert commissions on technical regulation are subject to mandatory publication in the printed edition of the federal executive body for technical regulation and in the public information system in electronic digital form. The procedure for publishing such conclusions and the amount of payment for their publication are established by the Government of the Russian Federation.
10. If the technical regulation is inconsistent with the interests of the national economy, the development of the material and technical base and the level of scientific and technological development, as well as international norms and rules put into effect in the Russian Federation in the prescribed manner, the Government of the Russian Federation or the federal executive body for technical regulation are obliged to start the procedure for amending the technical regulation or canceling the technical regulation.
(see text in previous edition)
Amendments and additions to the technical regulation or its cancellation shall be carried out in the manner provided for by this Article and Article 10 of this Federal Law in terms of the development and adoption of technical regulations.
COUNCIL OF THE EURASIAN ECONOMIC COMMISSION
About the Procedure for development, adoption, *
Document as amended by:
decision of the EEC Council dated May 28, 2015 N 32 (Official website of the Eurasian Economic Commission www.eurasiancommission.org, 02.06.2015);
(Official website of the Eurasian Economic Commission www.eaeunion.org, 08.02.2017).
____________________________________________________________________
________________
* Name as amended, put into effect on March 10, 2017 by the decision of the EEC Council dated October 18, 2016 N 147 ..
In accordance with Article 52 of the Treaty on the Eurasian Economic Union dated May 29, 2014, the Council of the Eurasian Economic Commission
(Preamble as amended, put into effect on March 10, 2017 by decision of the EEC Council dated October 18, 2016 N 147.
I decided:
1. Approve the attached Procedure for the development, adoption, amendment and cancellation of the technical regulations of the Eurasian Economic Union.
(Paragraph as amended, entered into force on March 10, 2017 by decision of the EEC Council dated October 18, 2016 N 147.
2. Recognize as invalid:
- paragraph 3 of clause 1 of the Decision of the Commission of the Customs Union of November 18, 2010 N 453 "On draft documents in the field of technical regulation of the Customs Union";
- paragraph 2 of the Decision of the Commission of the Customs Union of January 28, 2011 N 527 "On the normative acts of the Commission of the Customs Union in the field of technical regulation";
- Decision of the Commission of the Customs Union of April 7, 2011 N 606 "On Amending the Regulations on the Procedure for the Development, Adoption, Amendment and Cancellation of the Technical Regulations of the Customs Union";
- Decision of the Commission of the Customs Union dated August 16, 2011 N 752 "On the draft amendment to the Regulations on the procedure for the development, adoption, amendment and cancellation of the technical regulations of the Customs Union" .
3. The Boards of the Eurasian Economic Commission shall bring into line with paragraph 1 of this Decision the Regulations on the procedure for the formation of lists of international and regional (interstate) standards, and in their absence, national (state) standards that ensure compliance with the requirements of the technical regulations of the Customs Union and are necessary for the implementation assessment (confirmation) of conformity, approved by the Decision of the Commission of the Customs Union of April 7, 2011 N 629, subject to the change approved by the Decision of the Board of the Eurasian Economic Commission of May 31, 2012 N 57.
4. This Decision comes into force after 30 days from the date of its official publication.
Members of the Council of the Eurasian
economic commission:
From the Republic of Belarus
S. Rumas
From the Republic of Kazakhstan
K. Kelimbetov
From the Russian Federation
I. Shuvalov
Appendix. The procedure for the development, adoption, amendment and cancellation of the technical regulations of the Eurasian Economic Union
Appendix
to the Decision of the Council of the Eurasian
economic commission
dated June 20, 2012 N 48
(As amended by
since March 10, 2017
decision of the EEC Council
dated October 18, 2016 N 147. -
See previous edition)
The procedure for the development, adoption, amendment and cancellation of the technical regulations of the Eurasian Economic Union
I. General provisions
1. This Procedure was developed in accordance with the Treaty on the Eurasian Economic Union dated May 29, 2014 (hereinafter referred to as the Treaty) and establishes the procedure for the development and adoption of technical regulations of the Eurasian Economic Union (hereinafter respectively - technical regulations, the Union), as well as the procedure for amending technical regulations and their cancellation.
2. Development of draft technical regulations and draft amendments to technical regulations includes the following steps (procedures):
a) preparation and approval by the Eurasian Economic Commission (hereinafter referred to as the Commission) of a plan for the development of technical regulations and amendments to them (hereinafter referred to as the plan), amendments to the plan;
b) preparation of a draft technical regulation (draft amendments to a technical regulation);
c) holding a public discussion of a draft technical regulation (draft amendments to a technical regulation), including an assessment of the regulatory impact;
d) conducting intrastate approval of a draft technical regulation (draft amendments to a technical regulation);
e) adoption by the Commission of a technical regulation (changes to a technical regulation).
3. The Commission approves a plan to ensure coordination of work on the development of draft technical regulations and draft amendments to technical regulations.
Preparation and approval by the Commission of the plan are carried out in the manner established by the Rules of Procedure of the Eurasian Economic Commission, approved by the Decision of the Supreme Eurasian Economic Council dated December 23, 2014 N 98 (hereinafter referred to as the Regulations).
The plan is formed in agreement with the Member States of the Union (hereinafter referred to as the Member States) on the basis of proposals from the Member States and (or) the Commission.
The proposals of the Member States and (or) the Commission on the inclusion in the plan of activities for the development of a draft technical regulation (draft amendments to a technical regulation) must contain information on the objects of technical regulation, the scope of the draft technical regulation proposed for development (draft amendments to a technical regulation) and its scope.
4. The plan shall include the following information:
a) names of draft technical regulations and draft amendments to technical regulations;
b) Member States or the Commission responsible for the development of a draft technical regulation (draft amendments to a technical regulation);
c) the Member States or the Commission involved in the development of the relevant draft technical regulation (draft amendments to the technical regulation);
d) the planned deadline for the completion of intrastate coordination of draft technical regulations and draft amendments to technical regulations;
e) item number in the unified list of products for which mandatory requirements are established within the Union, approved by the Commission.
5. The Member States, within a period not exceeding 30 calendar days from the date of entry into force of the decision of the Council of the Commission on the approval of the plan or amendments to the plan, determine the state authorities responsible for the development of draft technical regulations (draft amendments to technical regulations) (hereinafter - developers) provided for by the plan, and the bodies involved in their development (hereinafter referred to as co-developers), and submit the specified information to the Commission.
If the plan specifies the Commission as responsible for the development of a draft technical regulation, then the developer is the Commission.
6. Financing of the development of a draft technical regulation or draft amendments to a technical regulation shall be carried out by the person responsible for the development of a draft technical regulation or draft amendments to a technical regulation specified in the plan (by the Member State or the Commission).
7. Coordination of work on the development of draft technical regulations and draft amendments to technical regulations is carried out by the Commission.
Developers and co-developers take all necessary measures to meet the deadlines established by this Procedure in order to fulfill the plan.
In order to coordinate work on the development of draft technical regulations and draft amendments to technical regulations, the Commission requests information from the Member States on the progress of the implementation of the plan.
The request for the provision of this information is sent to the governments of the Member States.
Information from the Member States on the progress of the implementation of the plan shall be submitted to the Commission within a period not exceeding 30 calendar days from the date of receipt of the Commission's request.
The Commission ensures the posting of information on the progress of the implementation of the plan on the official website of the Union in the information and telecommunication network "Internet" (hereinafter referred to as the official website of the Union) as soon as the information specified in paragraph five of this clause is received from the Member States, but at least once a quarter .
The Board of the Commission submits an annual report on monitoring the implementation of the plan for consideration by the Council of the Commission.
8. The Commission shall post the adopted technical regulations and amendments to the technical regulations on the official website of the Union in accordance with the Decision of the Supreme Eurasian Economic Council of November 21, 2014 N 90 "On the official publication of international treaties within the framework of the Eurasian Economic Union, international treaties of the Eurasian Economic Union concluded with third states, their integration associations and international organizations, decisions of the bodies of the Eurasian Economic Union" . Each technical regulation is assigned a designation consisting of the abbreviation "TR EAEU", serial number and year of adoption of the technical regulation, which are indicated through a slash "/".
II. The procedure for the development of technical regulations
9. The draft technical regulation is developed in accordance with the plan for products included in the unified list of products for which mandatory requirements are established within the Union, approved by the Commission.
The draft technical regulation is developed taking into account the Recommendations on the content and standard structure of the technical regulation, approved by the Decision of the Council of the Eurasian Economic Commission dated August 21, 2015 N 50.
10. The developer forms a working group to develop a draft technical regulation (hereinafter referred to as the working group) from representatives of the Commission, co-developers, interested public authorities of the Member States, including bodies authorized in the field of technical regulation, standardization, sanitary and epidemiological welfare of the population, specialized technical committees for standardization of member states, industries and the business community.
If the developer is a public authority of a Member State, information on the formation of a working group is sent by the developer to co-developers, to the public authorities of the Member States authorized to interact with the Commission, and to the Commission.
If the developer is the Commission, information about the formation of the working group is sent by the Commission to the co-developers and to the public authorities of the Member States authorized to interact with the Commission.
The co-developers, within 30 working days from the date of receipt of information in accordance with the second or third paragraph of this clause, submit to the developer proposals for candidates for inclusion in the working group.
If the developer is a public authority of a Member State, the decision to create a working group and approve its composition is sent by the developer to the co-developers, to the public authorities of the Member States authorized to interact with the Commission, and to the Commission.
If the developer is the Commission, the decision to create a working group and approve its composition is sent by the developer to the co-developers, to the public authorities of the Member States authorized to interact with the Commission.
The working group is an advisory body that is created to prepare and submit proposals to the developer on the draft technical regulation. Decisions of the working group are taken by a majority of votes from the total number of members of the working group present at its meeting, and are advisory in nature.
11. If the developer is a public authority of a Member State, within 90 calendar days from the date of its determination as a developer in accordance with the first paragraph of paragraph 5 of this Procedure, the developer prepares a draft technical regulation (the first version of the draft technical regulation) and a set of documents to him.
If the developer is the Commission, within 90 calendar days from the date of entry into force of the decision of the Council of the Commission on the approval of the plan, the Commission ensures the preparation of the first version of the draft technical regulation and a set of documents to it.
12. The set of documents for the draft technical regulation (the first edition of the draft technical regulation) includes:
a) draft lists of international and regional (interstate) standards, and in their absence - national (state) standards, as a result of which, on a voluntary basis, compliance with the requirements of technical regulations, and lists of international and regional (interstate) standards, and in the case their absence - national (state) standards containing the rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and fulfillment of the requirements of technical regulations and for assessing the compliance of objects of technical regulation with the requirements of technical regulations (hereinafter referred to as the lists of standards );
b) a draft program for the development (amendment, revision) of interstate standards, as a result of which, on a voluntary basis, compliance with the requirements of technical regulations is ensured, and interstate standards containing rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and fulfillment of the requirements of technical regulations and the assessment of the compliance of objects of technical regulation with the requirements of technical regulations (hereinafter referred to as the program for the development of interstate standards);
f) an explanatory note to the draft lists of standards, prepared in accordance with the procedure for the development and adoption of lists of international and regional (interstate) standards, and in their absence, national (state) standards, as a result of which, on a voluntary basis, compliance with the requirements of the technical regulation is ensured of the Eurasian Economic Union, and lists of international and regional (interstate) standards, and in their absence - national (state) standards containing the rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and fulfillment of the requirements the technical regulations of the Eurasian Economic Union and the assessment of the conformity of objects of technical regulation approved by the Commission (hereinafter referred to as the explanatory note to the draft lists of standards);
g) a draft notification on the development of a draft technical regulation in the form in accordance with Appendix No. 1.
13. Requirements for products that are the subject of technical regulation of the draft technical regulation, established by the uniform sanitary-epidemiological and hygienic requirements for products (goods) subject to sanitary-epidemiological supervision (control), approved by the Commission (hereinafter - uniform sanitary requirements), are included in the first edition of the draft technical regulation.
14. The explanatory note to the draft technical regulation specifies:
a) the legal basis for the adoption of technical regulations;
b) the purpose of the adoption of the technical regulation;
c) the composition and general characteristics of the objects of technical regulation of the technical regulation;
e) analysis of international experience and the experience of the Member States in the field of establishing mandatory requirements for the objects of technical regulation of the technical regulation;
f) a description of the mandatory requirements established by the technical regulations that differ from the provisions of international, regional (interstate) standards or mandatory requirements in force on the territories of the Member States, with a brief justification for their introduction;
g) information on the compliance of the draft technical regulation with the requirements in the field of ensuring the uniformity of measurements;
h) information on uniform sanitary requirements and procedures, veterinary-sanitary and quarantine phytosanitary requirements included in the draft technical regulation;
i) the expected date for the entry into force of the mandatory requirements provided for by the technical regulations;
j) financial and economic justification of the draft technical regulation, containing a description of the economic effect of the implementation of the technical regulation and an assessment of the impact of the implementation of the technical regulation on the Union's budget expenditures;
k) a description of the problems to be solved by the development of technical regulations;
l) the circle of persons whose interests are protected by the development of technical regulations;
m) addressees of regulation, including business entities, and the impact exerted on them by the regulation provided for by the draft technical regulation;
o) a mechanism for resolving the problem, which is aimed at the adoption of the technical regulation, and achieving the goal of regulation, provided for by the technical regulation (description of the relationship between the proposed regulation and the specified problem);
p) description of other possible ways of solving problems, the solution of which is aimed at the adoption of technical regulations;
c) other information related, in the opinion of the developer, to the basic information about the draft technical regulation.
15. The developer ensures consideration of the first edition of the draft technical regulation and the set of documents specified in paragraph 12 of this Procedure at a meeting of the working group, following which a protocol is drawn up. A member of the working group may submit in writing a dissenting opinion on the draft technical regulation and a set of documents to it, which is attached to the minutes of the meeting of the working group.
If the developer is a public authority of a Member State, the first version of the draft technical regulation, the set of documents specified in clause 12 of this Procedure, and the minutes of the meeting of the working group specified in paragraph one of this clause shall be submitted by the developer to the Commission in electronic form and on paper media.
16. The Commission ensures consideration of the first edition of the draft technical regulation, the set of documents specified in paragraph 12 of this Procedure, and the minutes of the meeting of the working group specified in paragraph 15 of this Procedure at the next meeting of the Advisory Committee on Technical Regulation, the Application of Sanitary, Veterinary and Phytosanitary Measures (hereinafter referred to as the Advisory Committee).
Based on the results of consideration by the Advisory Committee, a decision is made on the possibility, start date and deadline for public discussion of the draft technical regulation and the set of documents specified in paragraph 12 of this Procedure.
If necessary, the developer, within the period established by the Advisory Committee, finalizes the draft technical regulation and the set of documents specified in paragraph 12 of this Procedure.
If the developer is a public authority of a Member State, the finalized draft technical regulation and the set of documents specified in paragraph 12 of this Procedure shall be submitted by the developer to the Commission in electronic form and on paper.
17. To conduct a public discussion of the draft technical regulation, the Commission shall post on the official website of the Union a notification on the development of a draft technical regulation, a draft technical regulation and a set of documents specified in paragraph 12 of this Procedure, as well as the minutes of the meeting of the working group specified in paragraph 15 of this Procedure. The term for public discussion of the draft technical regulation may not be less than 60 calendar days from the date of posting the said notification on the official website of the Union. The date of completion of the public discussion is the date of posting by the Commission of the notification of the completion of the public discussion of the draft technical regulation on the official website of the Union in the form in accordance with Appendix No. 2.
18. The Commission, no later than 5 calendar days from the date of posting on the official website of the Union of a notice on the development of a draft technical regulation, informs in writing, including by e-mail, about the start and planned completion date of the public discussion of the draft technical regulation, as well as the place placement on the official website of the Union of the materials specified in paragraph 17 of this Procedure (with full e-mail addresses (hyperlinks)):
a) the governments of the Member States;
b) coordinators from the business community of each Member State;
c) representatives of the business community, scientific and public organizations, other independent experts included in the Advisory Committee;
d) other interested persons who should be involved in the development of the draft technical regulation.
19. Comments and proposals (reviews) on the draft technical regulation and the set of documents specified in paragraph 12 of this Procedure may be submitted to the Commission by all interested persons of the Member States and third countries no later than the planned date of completion of the public discussion of the draft technical regulation.
If the developer is a public authority of a Member State, the Commission, no later than the planned date of completion of the public discussion of the draft technical regulation, prepares comments and proposals on the draft technical regulation and the set of documents specified in paragraph 12 of this Procedure.
The comments and proposals of the Commission are posted on the official website of the Union and submitted to the developer for inclusion in the summary of comments on the draft technical regulation specified in paragraph 20 of this Procedure no later than 10 working days from the date of completion of the public discussion of the draft technical regulation.
20. The Commission ensures that timely comments and suggestions (reviews) of interested parties on the draft technical regulation and the set of documents specified in paragraph 12 of this Procedure are posted on the official website of the Union as they become available, but no later than 10 working days from the date of completion of public discussion draft technical regulation.
If the developer is a public authority of a Member State, the comments and suggestions (reviews) of interested parties as they are received, but no later than 10 working days from the date of completion of the public discussion of the draft technical regulation, are transferred by the Commission to the developer for the preparation of a summary of feedback on the draft technical regulations in the form in accordance with Appendix No. 3 (hereinafter - a summary of reviews).
If, during the period of public discussion, the Commission did not receive comments and suggestions (reviews) on the draft technical regulation and the set of documents specified in paragraph 12 of this Procedure, the Commission, no later than 10 working days from the date of completion of the public discussion of the draft technical regulation, sends the relevant information developer and places it on the official website of the Union.
21. If the developer is a public authority of a Member State, within 30 calendar days from the date of receipt of comments and proposals (reviews) from the Commission on the draft technical regulation and the set of documents specified in paragraph 12 of this Procedure, the developer together with the working group draws up a summary of the opinions and submits it to the Commission.
If the developer is the Commission, within 30 calendar days from the date of completion of the public discussion of the draft technical regulation, the Commission, together with the working group, draws up a summary of feedback.
For each timely received comment and proposal (review) on the draft technical regulation and the set of documents specified in paragraph 12 of this Procedure, the summary of comments indicates information on its acceptance or justification for its rejection.
The Commission exercises control over the inclusion in the summary of reviews of all comments and proposals (reviews) that were received in a timely manner during the public discussion of the draft technical regulation.
If the developer is a public authority of a Member State and the summary of comments submitted by the developer to the Commission does not contain comments and suggestions (reviews) that were received in a timely manner during the public discussion of the draft technical regulation, or the developer does not provide information on the acceptance of the comments included in the summary of reviews and proposals (reviews) or justification for their rejection, the Commission returns a summary of feedback to the developer for revision. Finalization of the feedback summary and its submission to the Commission are carried out by the developer within 10 calendar days from the date of receipt of the feedback summary.
22. If the developer is a public authority of a Member State, the Commission ensures that a summary of reviews is posted on the official website of the Union within 10 calendar days from the date of its receipt.
If the developer is the Commission, within 10 calendar days from the date of completion of the summary of reviews, the Commission ensures its placement on the official website of the Union.
23. Within 30 working days from the date of submission of a summary of comments to the Commission (if the developer is a public authority of a Member State) or from the date of completion of the compilation of a summary of comments (if the developer is the Commission), the developer ensures the completion of the draft technical regulation and the set documents specified in paragraph 12 of this Procedure, on the comments and suggestions (reviews) received during the public discussion of the draft technical regulation, as well as consideration of the finalized materials at a meeting of the working group, following which a protocol is drawn up.
24. When finalizing the draft technical regulation and the set of documents specified in paragraph 12 of this Procedure, the developer ensures that the metrological examination of the draft technical regulation and draft lists of standards is carried out in the manner established by the Commission, or that a metrological examination is not required. Based on the results of the metrological examination, an appropriate conclusion is drawn up.
If the developer is a public authority of a Member State and if during the period of public discussion the Commission did not receive comments and proposals (reviews) on the draft technical regulation and the set of documents specified in paragraph 12 of this Procedure, the developer ensures the metrological examination of the draft technical regulation and draft lists of standards within 30 working days from the date of receipt from the Commission of the information specified in paragraph three of clause 20 of this Procedure.
If the developer is the Commission and if during the period of public discussion the Commission did not receive comments and proposals (reviews) on the draft technical regulation and the set of documents specified in paragraph 12 of this Procedure, the Commission within 30 working days from the date of completion of the public discussion of the draft technical of the regulation sends them to the public authority of one of the Member States, authorized in accordance with the legislation of this Member State to perform work in the field of ensuring the uniformity of measurements, to conduct a metrological examination of the draft technical regulation and lists of standards.
25. The developer prepares a finalized draft technical regulation and a set of documents, which includes:
a) draft lists of standards;
b) a draft program for the development of interstate standards;
c) a list of international standards (rules, directives, recommendations and other documents adopted by international standardization organizations), and in their absence - regional documents (regulations, directives, decisions, standards, rules and other documents), national (state) standards , national technical regulations or their drafts, on the basis of which a draft technical regulation was developed;
d) draft decisions of the Council of the Commission on the adoption of technical regulations and decisions of the Collegium of the Commission on the entry into force of the adopted technical regulation and on transitional provisions in relation to this technical regulation;
e) an explanatory note to the draft technical regulation;
f) an explanatory note to the draft lists of standards;
g) summary of reviews;
h) conclusion based on the results of the metrological examination of the draft technical regulation and draft lists of standards or the conclusion that metrological examination is not required;
i) minutes of the meeting of the working group specified in paragraph 23 of this Procedure.
26. If the developer is a public authority of a Member State, the finalized draft technical regulation and the set of documents specified in paragraph 25 of this Procedure shall be submitted by the developer to the Commission in electronic form and on paper.
The draft technical regulation and the set of documents referred to in paragraph 25 of this Procedure received by the Commission are considered by the member of the Board of the Commission, whose authority includes technical regulation issues, within no more than 10 working days from the date of receipt.
If, in the course of consideration of the received draft technical regulation and the set of documents specified in paragraph 25 of this Procedure, a member of the Board of the Commission, whose authority includes technical regulation issues, reveals their inconsistency with the Treaty, international treaties and acts constituting the law of the Union, or incompleteness of information submitted in the set of documents specified in paragraph 25 of this Procedure, this member of the Board of the Commission ensures the preparation of an opinion and its submission to the developer in order to finalize the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure.
27. The developer, within 15 working days after receiving the conclusion specified in paragraph 26 of this Procedure, finalizes the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure, and sends them to the Commission no later than 5 working days from the date of completion of the revision of the draft technical regulations and a set of documents to it.
28. The Commission ensures the preparation of an opinion on the assessment of the regulatory impact on the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure.
In order to prepare a conclusion on the regulatory impact assessment, the Department of the Commission, whose area of activity includes issues related to technical regulation, ensures that the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure are sent to the Department of the Commission, whose area of activity includes issues related to business conditions.
Department of the Commission, whose field of activity includes issues related to the conditions for doing business, with the participation of the developer and the department of the Commission, whose field of activity includes issues related to technical regulation, within 15 calendar days from the date of receipt of the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure, ensures the preparation of a conclusion on the regulatory impact assessment.
When preparing a conclusion on the regulatory impact assessment, the comments and suggestions (reviews) included in the summary of reviews are also considered.
When preparing a conclusion on the regulatory impact assessment, the conclusions on the regulatory impact assessment (regulatory impact analysis) in relation to the draft technical regulation prepared by the authorized bodies of the Member States (if any) are taken into account.
The conclusion on the regulatory impact assessment is signed by the head of the working group for the regulatory impact assessment of draft decisions of the Commission, and in his absence - by the deputy head.
A copy of the opinion on the regulatory impact assessment is sent by the department of the Commission, whose area of activity includes issues related to the conditions for doing business, to the department of the Commission, whose area of activity includes issues related to technical regulation, within 3 working days from the date of signing the conclusion.
29. If, during the consideration of the draft technical regulation in accordance with paragraph 26 of this Procedure, a member of the Board of the Commission, whose authority includes technical regulation issues, does not reveal any discrepancy between the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure, the Agreement, international treaties and acts constituting the law of the Union, or the incompleteness of the information provided in the set of documents specified in paragraph 25 of this Procedure, the Commission, within 5 working days from the date of completion of the said review, sends the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure, for consideration by the governments of member states.
If during the consideration of the draft technical regulation in accordance with paragraph 26 of this Procedure, a member of the Board of the Commission, whose authority includes technical regulation issues, reveals a discrepancy between the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure, the Agreement, international treaties and acts constituting the law of the Union, or the incompleteness of the information provided in the set of documents specified in paragraph 25 of this Procedure, and a corresponding conclusion was sent to the developer, the Commission within 5 working days from the date of submission in accordance with paragraph 27 of this Procedure by the developer of the finalized draft of the technical regulation and the set documents specified in paragraph 25 of this Procedure, sends them for consideration to the governments of the Member States.
The governments of the Member States, within 30 working days from the date of receipt of the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure, ensure their consideration and, if necessary, submit comments and proposals to the Commission.
The comments and proposals of the Member States are submitted to the Commission in accordance with paragraph 99 of the Regulations.
The Commission, within 60 calendar days from the date of sending the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure to the governments of the Member States, ensures that negotiations are held between the heads (deputy heads) of the interested public authorities of the Member States or, as an exception, other authorized representatives of the interested public authorities of the Member States.
During these negotiations, the conclusion prepared by the Commission in accordance with paragraph 28 of this Procedure on the assessment of the regulatory impact on the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure is considered.
The results of these negotiations are formalized in a protocol, which is signed by a member of the Board of the Commission, whose authority includes issues of technical regulation, and sent by the Commission to the governments of the Member States no later than 5 working days from the date of signing.
If, following the results of consideration in accordance with this paragraph, the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure are considered in the Member States without submitting comments and proposals, negotiations of the heads (deputy heads) of the interested public authorities of the Member States are not held .
30. If necessary, following the results of the negotiations specified in paragraph 29 of this Procedure, the developer, within 10 working days from the date of signing the protocol, ensures the finalization of the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure. If the developer is a public authority of a Member State, the revision is carried out by him together with the Commission and the finalized draft technical regulation and the set of documents specified in paragraph 25 of this Procedure are submitted to the Commission within the specified period.
31. The Commission, no later than 10 calendar days from the date of receipt by the Commission of the draft technical regulation and the set of documents specified in paragraph 25 of this Procedure, finalized in accordance with paragraph 30 of this Procedure, shall ensure that the draft technical regulation and documents according to the list in accordance with Appendix No. 4 are sent to the governments Member States for internal coordination and their placement on the official website of the Union.
32. Domestic approval of the draft technical regulation and documents specified in Appendix No. 4 to this Procedure is carried out in the manner determined by the legislation of the Member States.
Decisions of the Member States based on the results of domestic approval of the draft technical regulation and the documents specified in Appendix No. 4 to this Procedure are sent to the Commission within a period not exceeding 60 calendar days from the date of receipt from the Commission of the draft technical regulation and the documents specified in Appendix No. 4 to this Order.
In exceptional cases, if the decision of the Member State, based on the results of intrastate coordination, cannot be sent to the Commission within the specified period due to the need for additional consideration or additional information, the public authority of the Member State authorized to interact with the Commission, in writing informs the Commission about the term for preparing the said decision, which cannot exceed 90 calendar days from the date of receipt from the Commission of the draft technical regulation and the documents specified in Appendix No. 4 to this Procedure.
33. The comments and proposals of the Member States, submitted as a result of intrastate coordination, are sent to the developer within 5 working days from the date of their receipt by the Commission.
The developer, with the participation of interested bodies of the Member States, within 30 working days from the date of receipt from the Commission of comments and proposals submitted following the results of domestic approval of the draft technical regulation and documents specified in Appendix No. 4 to this Procedure, ensures consideration of these comments and proposals, finalizes draft technical regulation and documents specified in Appendix No. 4 to this Procedure, and submit them to the Commission.
34. The finalized draft technical regulation and the documents specified in Appendix No. 4 to this Procedure, or the documents specified in paragraph 47 of this Procedure (if the draft amendments to the technical regulation have been prepared in accordance with paragraph 47 of this Procedure), are considered at a meeting of the Consultative committee no later than 30 working days from the date of receipt by the Commission.
Based on the results of consideration by the Advisory Committee, a decision is made on the possibility of submitting a draft technical regulation for consideration by the Collegium of the Commission in accordance with the established procedure for making a decision on including the issue of adopting the technical regulation on the agenda of the meeting of the Council of the Commission, which is drawn up in minutes.
If necessary, the developer, within the period established by the Advisory Committee, finalizes the draft technical regulation and documents specified in Appendix No. 4 to this Procedure.
35. Disagreements between the Member States on the draft technical regulation and the documents specified in Appendix No. 4 to this Procedure, which have not been settled at a meeting of the Consultative Committee, are considered by the Board of the Commission and the Council of the Commission in the manner prescribed by the Regulations.
36. The member of the Board of the Commission, whose authority includes issues of technical regulation, in accordance with the decision of the Advisory Committee specified in paragraph 34 of this Procedure, ensures the preparation of a set of documents according to the list in accordance with Appendix No. 5 for consideration by the Board of the Commission.
37. If, when finalizing a draft technical regulation, significant changes were made to it based on the results of a legal examination and legal editing by the Commission, a decision on the procedures for its further consideration is made at a meeting of the Board of the Commission.
38. The draft decision of the Council of the Commission on the adoption of technical regulations is approved by the order of the Board of the Commission.
The technical regulation is adopted by the decision of the Council of the Commission.
If, based on the results of consideration of the draft technical regulation and the set of documents specified in Appendix No. 5 to this Procedure, at a meeting of the Board of the Commission or the Council of the Commission, a decision is made on the need to finalize them, the procedure for finalizing the draft technical regulation and documents specified in Appendix No. 5 to of this Procedure, is determined accordingly by the Collegium of the Commission or the Council of the Commission, or is carried out in the manner prescribed by the Regulations.
In the decision of the Council of the Commission on the adoption of the technical regulation, the term for the entry into force of the technical regulation shall be established, which may not be less than 180 calendar days from the date of adoption of the said decision.
The decision to put into effect the adopted technical regulation and on transitional provisions in relation to this technical regulation is taken by the Board of the Commission after the adoption of the technical regulation.
39. The Commission, no later than 180 calendar days before the date of entry into force of the technical regulation, approves the lists of standards in accordance with the procedure for the development and approval of lists of international and regional (interstate) standards, and in their absence - national (state) standards, as a result application of which on a voluntary basis ensures compliance with the requirements of the technical regulations of the Eurasian Economic Union, and lists of international and regional (interstate) standards, and in their absence - national (state) standards containing rules and methods of research (tests) and measurements, including sampling rules necessary for the application and implementation of the requirements of the technical regulation of the Eurasian Economic Union and the assessment of the conformity of objects of technical regulation approved by the Commission.
40. From the date of entry into force of the technical regulation, in order to ensure monitoring and control of the application of the adopted technical regulation, the Commission requests information from the Member States on the progress of its application.
The request for the provision of this information is sent to the governments of the Member States.
Information from the Member States on the progress of application of the technical regulation, which is formed, inter alia, taking into account applications from representatives of the business community, scientific and public organizations, and other interested persons, is submitted to the Commission by the authorized state authorities of the Member States within a period not exceeding 30 calendar days from the date of receipt by the governments of the Member States of the Commission's request.
The Commission ensures that the specified information is sent to the developer for consideration and (if necessary) preparation of proposals for amending the technical regulation.
III. The procedure for changing and canceling technical regulations
41. Draft amendments to technical regulations are developed in accordance with the plan, taking into account the results of monitoring and control over the application of the adopted technical regulation.
By decision of the Council of the Commission, draft amendments to the technical regulation may be developed on the basis of proposals from the Member States or the Commission outside the plan, while the said decision of the Council of the Commission must determine the developer and co-developers of the draft amendments to the technical regulation.
42. The developer, within 90 calendar days from the date of his determination as a developer, prepares the first version of the draft amendments to the technical regulation and a set of documents, which includes:
a) draft amendments to the lists of standards and an explanatory note to draft amendments to the lists of standards (if necessary);
b) draft amendments to the program for the development of interstate standards (if necessary);
c) a list of international, regional (interstate) and national (state) standards, requirements of other documents (rules, directives, recommendations and other documents adopted by international standardization organizations), and in their absence - regional documents (regulations, directives, decisions , rules and other documents), national technical regulations of the Member States (their drafts), on the basis of which the draft amendments to the technical regulation were developed (not prepared if the amendments to the technical regulation are editorial in nature and do not change the requirements of the technical regulation);
d) draft decisions of the Council of the Commission on amendments to the technical regulations and decisions of the Board of the Commission on the entry into force of amendments to the technical regulations and on transitional provisions regarding the introduction of these amendments;
e) an explanatory note to the draft amendments to the technical regulation;
f) a draft notification on the development of draft amendments to the technical regulation in the form provided for in Appendix No. 1 to this Procedure.
43. The explanatory note to the draft amendments to the technical regulation specifies:
a) the legal basis for the adoption of amendments to the technical regulation;
b) the purpose of adopting amendments to the technical regulation;
c) the composition and general characteristics of the objects of technical regulation, in respect of which a draft amendment to the technical regulation has been prepared (not indicated if the amendments to the technical regulation are of an editorial nature and do not change the requirements of the technical regulation);
d) analysis of international experience and the experience of the Member States in the field of establishing mandatory requirements, in respect of which a draft amendment to the technical regulation has been prepared (not indicated if the amendments to the technical regulation are of an editorial nature and do not change the requirements of the technical regulation);
e) a description of the amendments to the technical regulation of mandatory requirements established in the draft that differ from the provisions of international, regional (interstate) standards or mandatory requirements in force on the territories of the Member States, with a brief justification for their introduction (not indicated if the changes to the technical regulation are editorial in nature and do not change the requirements of the technical regulation);
f) information on the compliance of the draft amendments to the technical regulation with the requirements in the field of ensuring the uniformity of measurements (not indicated if the amendments to the technical regulation are editorial in nature and do not change the requirements of the technical regulation);
g) information on the unified sanitary requirements and procedures, veterinary-sanitary and quarantine phytosanitary requirements included in the technical regulation (not indicated if the changes to the technical regulation are of an editorial nature and do not change the requirements of the technical regulation);
h) the expected date for the entry into force of the mandatory requirements provided for by the amendments to the technical regulations;
i) financial and economic justification of the draft amendments to the technical regulations, containing a description of the economic effect from the implementation of amendments to the technical regulations, an assessment of the impact of the implementation of amendments to the technical regulations on the Union's budget expenditures;
j) a description of the problems to be solved by the development of draft amendments to the technical regulation;
k) the circle of persons whose interests are protected by the development of draft amendments to the technical regulation (not indicated if the amendments to the technical regulation are of an editorial nature and do not change the requirements of the technical regulation);
l) recipients of regulation, including business entities, and the impact exerted on them by regulation provided for by the draft amendments to the technical regulation (not indicated if the amendments to the technical regulation are of an editorial nature and do not change the requirements of the technical regulation);
o) a mechanism for resolving the problem that the draft amendments to the technical regulation aims to solve and achieving the goal of regulation, provided for by the draft amendments to the technical regulation (description of the relationship between the proposed regulation and the problem being solved) (not indicated if the amendments to the technical regulation are editorial nature and do not change the requirements of the technical regulation);
o) a description of other possible ways of resolving problems that the draft amendments to the technical regulation are intended to solve (not indicated if the amendments to the technical regulation are editorial in nature and do not change the requirements of the technical regulation);
p) other information related, in the opinion of the developer, to the basic information about the draft amendments to the technical regulation.
44. Coordination and amendments to the technical regulations are carried out in accordance with paragraphs 15-36 of this Procedure.
45. The developer of draft amendments to the technical regulation forms, in accordance with paragraph 10 of this Procedure, a working group to develop draft amendments to the technical regulation or involves the working group specified in paragraph 10 of this Procedure in the development of draft amendments to the technical regulation, taking into account the updating of its composition ( if necessary).
46. In exceptional cases, in the event of circumstances leading to an immediate threat to human life and (or) health, property, the environment, life and (or) health of animals and plants, and (or) circumstances of a socio-economic nature that require prompt response, and (or) in case of making changes to the technical regulation that are editorial in nature and do not change the requirements of the technical regulation, and (or) if it is necessary to bring the provisions of the technical regulation in line with the provisions of the Treaty or international treaties within the Union, by decision of the Council of the Commission, changes in technical regulations can be adopted without public discussion procedures, including without preparing a conclusion on regulatory impact assessment.
If the draft amendments to the technical regulation have not been subject to public discussion and revision based on the results of the public discussion, a summary of comments on the draft amendments to the technical regulation shall not be submitted to the Commission.
47. In the event that changes are made to the unified sanitary requirements in accordance with the procedure for the development, approval, modification and application of unified sanitary requirements and procedures approved by the Commission in relation to the requirements provided for in the technical regulation (hereinafter referred to as the changes made to the unified sanitary requirements) The Commission, not later than 30 calendar days from the date of entry into force of the decision of the Board of the Commission on the approval of such changes, prepares a draft of the relevant changes to the technical regulation, as well as a set of documents containing:
draft changes to the lists of standards and an explanatory note to the draft changes to the lists of standards (if necessary);
draft amendments to the program for the development of interstate standards (if necessary);
draft order of the Board of the Commission on the approval of the draft decision of the Council of the Commission on amendments to the technical regulations;
a draft decision of the Council of the Commission on amendments to the technical regulations and a draft decision of the Board of the Commission on the entry into force of the adopted amendments to the technical regulation and on transitional provisions (if necessary);
an explanatory note to the draft amendments to the technical regulation;
a summary of comments and proposals received during the public discussion of changes made to the unified sanitary requirements;
conclusion on the assessment of the regulatory impact of changes made to the unified sanitary requirements;
financial and economic substantiation of the project of amendments to the technical regulations;
conclusion on the conformity of the draft order of the Board of the Commission on the approval of the draft decision of the Council of the Commission on amendments to the technical regulations and the draft decision of the Council of the Commission on amendments to the technical regulations with international treaties and decisions of the Union bodies constituting the law of the Union;
comments and proposals of the Member States on the changes made to the uniform sanitary requirements received by the meeting of the Board of the Commission in the manner prescribed by the Regulations.
With regard to the said draft amendments to the technical regulation and the set of documents, the Commission ensures that the procedures are carried out in accordance with paragraphs 34 and 38 of this Procedure.
48. The draft decision of the Council of the Commission on amendments to the technical regulations is approved by the order of the Board of the Commission.
Changes to the technical regulations are made by the decision of the Council of the Commission.
The decision of the Council of the Commission on introducing amendments to the technical regulations establishes the period for the entry into force of these changes, which cannot be less than 180 calendar days from the date of adoption of the said decision of the Council of the Commission.
The decision to put into effect changes to the technical regulation and on transitional provisions in relation to these changes is taken by the Board of the Commission after the introduction of changes to the technical regulation.
49. Changes to the lists of standards are approved by the Commission in accordance with the procedure for the development and adoption of lists of international and regional (interstate) standards, and in their absence, national (state) standards, as a result of which, on a voluntary basis, compliance with the requirements of the technical regulation is ensured, and lists of international and regional (interstate) standards, and in their absence - national (state) standards containing the rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and fulfillment of the requirements of the technical regulation and the assessment conformity of objects of technical regulation approved by the Commission, not later than 180 calendar days before the date of entry into force of amendments to the technical regulation.
50. Amendments to the decision of the Board of the Commission on the entry into force of the technical regulation and on transitional provisions in relation to this technical regulation are carried out on the basis of proposals from the Member States or the Commission, which should contain a draft of the changes to be made to the decision of the Board of the Commission, and an explanatory note to it justifying the need for such changes.
Submission to the Commission of the proposals of the Member States on amendments to the decision of the Board of the Commission on the entry into force of the technical regulation and on transitional provisions in relation to this technical regulation is carried out by the public authorities of the Member States authorized to interact with the Commission.
The Commission ensures that the draft amendments to be made to the decision of the Board of the Commission on the entry into force of the technical regulation and on transitional provisions in relation to this technical regulation, and an explanatory note to it on the official website of the Union for at least 60 calendar days for public discussion in accordance with paragraphs 18-22 of this Procedure, as well as the preparation of a conclusion on the regulatory impact assessment in accordance with paragraph 28 of this Procedure.
In exceptional cases, in the event of circumstances leading to a direct threat to human life and (or) health, property, the environment, life and (or) health of animals and plants, and (or) circumstances of a socio-economic nature that require prompt response, by decision of the Council of the Commission, amendments to the decision of the Board of the Commission on the entry into force of the adopted technical regulation and on transitional provisions in relation to this technical regulation can be carried out without public discussion procedures, including without preparing a conclusion on the regulatory impact assessment.
The draft amendments to the said decision of the Board of the Commission, finalized as a result of public discussion, and the explanatory note to it are submitted to the Commission by the public authority of the Member State authorized to interact with the Commission.
The member of the Board of the Commission, whose powers include issues of technical regulation, ensures consideration of the changes finalized following the results of the public discussion of the draft amendments to the said decision of the Board of the Commission, and the explanatory note to it by the Board of the Commission.
51. The decision to cancel the technical regulation is taken in agreement with the Member States on the basis of the proposals of the Member States and (or) proposals of the Commission.
Cancellation of technical regulations is carried out in a manner similar to the procedure provided for the development of technical regulations.
Annex 1. Notification on the development of a draft technical regulation of the Eurasian Economic Union (draft amendments to the technical regulation of the Eurasian Economic Union)
Appendix No. 1
changes and cancellations of technical regulations
Eurasian Economic Union
(the form)
4. Object of technical regulation | |
5. Purpose of project development | |
6. Basis for project development | |
7. Postal address, telephone and fax numbers, e-mail address (if any) for sending comments and suggestions (reviews) on the project | |
8. Estimated date of completion of the public discussion of the project |
(signature) |
Annex 2. Notification of the completion of public discussion of the draft technical regulation of the Eurasian Economic Union (draft amendments to the technical regulation of the Eurasian Economic Union)
Appendix No. 2
to the Procedure for the development, adoption,
changes and cancellations of technical regulations
Eurasian Economic Union
(the form)
1. Name of the draft technical regulation of the Eurasian Economic Union (draft amendments to the technical regulation of the Eurasian Economic Union) (hereinafter referred to as the draft) | |
2. Member state of the Eurasian Economic Union or the Eurasian Economic Commission responsible for the development of the project | |
3. The public authority of the state - a member of the Eurasian Economic Union, responsible for the development of the project | |
4. Object of technical regulation(*) | |
5. Estimated completion date of the project development |
Member of the Board (Minister) for Technical Regulation | |||
(signature) |
________________
* Indicated if the objects of technical regulation were changed as a result of the public discussion of the project.
Appendix 3. Form of summary of comments on the draft technical regulation of the Eurasian Economic Union (on the draft amendments to the technical regulation of the Eurasian Economic Union) and the rules for filling it out
Appendix No. 3
to the Procedure for the development, adoption,
changes and cancellations of technical regulations
Eurasian Economic Union
I. Form of summary of comments on the draft technical regulation of the Eurasian Economic Union (on the draft amendments to the technical regulation of the Eurasian Economic Union)
Structural | Names | Remark or | Conclusion |
II. Rules for filling out the form for summarizing feedback on the draft technical regulation of the Eurasian Economic Union (on the draft amendments to the technical regulation of the Eurasian Economic Union)
1. In the form of a summary of comments on the draft technical regulation of the Eurasian Economic Union (on the draft amendments to the technical regulation of the Eurasian Economic Union) (hereinafter, respectively, the technical regulation, the Union), the following shall be indicated:
a) in column 1 - the numbers of the article, paragraph, subparagraph:
draft technical regulation (draft amendments to the technical regulation);
draft lists of international and regional (interstate) standards, and in their absence - national (state) standards, as a result of which, on a voluntary basis, compliance with the requirements of technical regulations is ensured, and lists of international and regional (interstate) standards, and in their absence - national (state) standards containing the rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and fulfillment of the requirements of technical regulations and the assessment of compliance of objects of technical regulation with the requirements of technical regulations (draft amendments to the specified lists of standards );
a draft program for the development (amendment, revision) of interstate standards, as a result of which, on a voluntary basis, compliance with the requirements of technical regulations is ensured, and interstate standards containing rules and methods of research (testing) and measurements, including the rules for sampling necessary for applying and fulfilling the requirements of technical regulations and assessing the compliance of objects of technical regulation with the requirements of technical regulations (draft amendments to the specified program);
list of international standards (rules, directives, recommendations and other documents adopted by international standardization organizations), and in their absence - regional documents (regulations, directives, decisions, standards, rules and other documents), national (state) standards, national technical regulations or their drafts, on the basis of which a draft technical regulation was developed (draft amendments to a technical regulation);
a draft decision of the Council of the Eurasian Economic Commission on the adoption of a technical regulation (on introducing amendments to the technical regulation) and a draft decision of the Board of the Eurasian Economic Commission on the entry into force of the adopted technical regulation (changes to the technical regulation) and transitional provisions in relation to this technical regulation (changes to the technical regulations);
an explanatory note to the draft technical regulation (to the draft amendments to the technical regulation);
other document posted in the information and telecommunications network "Internet".
A summary of feedback on the draft technical regulation (on the draft amendments to the technical regulation) is compiled on the basis of the comments and suggestions (reviews) received in the following sequence:
draft technical regulation (draft amendments to the technical regulation) as a whole;
articles, paragraphs, subparagraphs, annexes in the order of presentation of the draft technical regulation (draft amendments to the technical regulation);
further - in the sequence provided in accordance with the third - eighth paragraphs of this subparagraph;
b) in column 2 - the names of the state - a member of the Union, public authority, organization or person of the state - a member of the Union or a third state that submitted a comment or proposal (review);
c) in column 3 - the content of each remark or proposal (review). Comments and proposals of the same type (reviews) are grouped into a general position of a summary of comments on the draft technical regulation (on the draft amendments to the technical regulation) indicating all public authorities, organizations and persons of the Member States of the Union or third states that submitted such comments and proposals (reviews );
d) in column 4 - the conclusion of the developer of the technical regulation on each remark or proposal (review) (with justification) using one of the following entries:
"accepted" - if the remark or proposal (feedback) is accepted in full;
"partially accepted" - if the remark or suggestion (feedback) is accepted incompletely. At the same time, the reasons for rejecting the comment or proposal (review) and the number of the paragraph of the new version of the draft technical regulation (draft amendments to the technical regulation) are indicated, taking into account the comments or proposals (reviews) on the previous version of the draft technical regulation (draft amendments to the technical regulation);
"noted" - if the developer agrees with the comment or proposal (review), which is not directly related to the draft technical regulation (draft amendments to the technical regulation);
"rejected" - if the comment or suggestions (review) is not accepted by the developer of the technical regulation. At the same time, the reasons for rejecting the remark or proposal (review) are indicated.
Annex 4. List of documents for internal approval of the draft technical regulation of the Eurasian Economic Union (draft amendments to the technical regulation of the Eurasian Economic Union)
Appendix No. 4
to the Procedure for the development, adoption,
changes and cancellations of technical regulations
Eurasian Economic Union
1. Draft lists of international and regional (interstate) standards, and in their absence - national (state) standards, as a result of which, on a voluntary basis, compliance with the requirements of the technical regulations of the Eurasian Economic Union (hereinafter referred to as the technical regulation), and lists of international and regional (interstate) standards, and in their absence - national (state) standards containing the rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and execution of the requirements of technical regulations and for assessing the conformity of objects of technical regulation of the requirements of technical regulations (hereinafter referred to as the lists of standards) (draft amendments to the lists of standards).
2. Draft program for the development (amendment, revision) of interstate standards, as a result of which, on a voluntary basis, compliance with the requirements of technical regulations is ensured, and interstate standards containing rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and fulfillment of the requirements of technical regulations and the assessment of the compliance of objects of technical regulation with the requirements of technical regulations (draft amendments to the specified program).
3. List of international standards (rules, directives, recommendations and other documents adopted by international standardization organizations), and in their absence - regional documents (regulations, directives, decisions, standards, rules and other documents), national (state) standards , national technical regulations or their drafts, on the basis of which a draft technical regulation (draft amendments to the technical regulation) has been developed.
4. Draft decision of the Council of the Eurasian Economic Commission on the adoption of a technical regulation (on introducing amendments to the technical regulation) and a draft decision of the Board of the Eurasian Economic Commission on the entry into force of the adopted technical regulation (changes to the technical regulation) and on transitional provisions in relation to this technical regulation ( changes in the technical regulations).
6. Explanatory note to the draft lists of standards (draft amendments to the lists of standards), prepared in accordance with the procedure for the development and adoption of lists of international and regional (interstate) standards, and in their absence - national (state) standards, as a result of which application on on a voluntary basis, compliance with the requirements of the technical regulation, and lists of international and regional (interstate) standards, and in their absence, national (state) standards containing the rules and methods of research (testing) and measurements, including the rules for sampling necessary for application and fulfillment of the requirements of the technical regulation and the assessment of the conformity of the objects of technical regulation approved by the Commission.
7. Summary of feedback on the draft technical regulation (on the draft amendments to the technical regulation).
8. Conclusion based on the results of the metrological examination of the draft technical regulation (draft amendments to the technical regulation) and draft lists of standards (draft amendments to the lists of standards) or a conclusion that metrological examination is not required.
9. Conclusion on the assessment of the regulatory impact on the draft technical regulation (draft amendments to the technical regulation) and a set of documents to it.
10. Protocol of negotiations of heads (deputy heads) of interested public authorities of the member states of the Eurasian Economic Union.
Appendix N 5. List of documents for consideration by the Board of the Eurasian Economic Commission of the draft technical regulation of the Eurasian Economic Union (draft amendments to the technical regulation of the Eurasian Economic Union)
Appendix No. 5
to the Procedure for the development, adoption,
changes and cancellations of technical regulations
Eurasian Economic Union
1. Draft technical regulation of the Eurasian Economic Union (hereinafter respectively - the technical regulation, the Union) (draft amendments to the technical regulation).
2. List of international standards (rules, directives, recommendations and other documents adopted by international standardization organizations), and in their absence - regional documents (regulations, directives, decisions, standards, rules and other documents), national (state) standards , national technical regulations or their drafts, on the basis of which a draft technical regulation (draft amendments to the technical regulation) has been developed.
3. Draft order of the Board of the Eurasian Economic Commission (hereinafter - the Commission) on the approval of the draft decision of the Council of the Commission on the adoption of the technical regulation (on amending the technical regulation).
4. Draft decision of the Council of the Commission on the adoption of the technical regulation (on introducing amendments to the technical regulation).
5. Explanatory note to the draft technical regulation (to the draft amendments to the technical regulation).
6. Summary of feedback on the draft technical regulation (on the draft amendments to the technical regulation).
7. Conclusion based on the results of the metrological examination of the draft technical regulation (draft amendments to the technical regulation) and draft lists of international and regional (interstate) standards, and in their absence - national (state) standards, as a result of which, on a voluntary basis, compliance is ensured requirements of technical regulations, and lists of international and regional (interstate) standards, and in their absence - national (state) standards containing the rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and fulfillment of the requirements technical regulations and the assessment of compliance of objects of technical regulation with the requirements of technical regulations (draft amendments to the specified lists of standards), or a conclusion that metrological examination is not required.
8. Conclusion on the assessment of the regulatory impact on the draft technical regulation (draft amendments to the technical regulation) and a set of documents to it.
9. Financial and economic justification of the draft technical regulation (draft amendments to the technical regulation).
10. Certificate outlining the progress of work on the draft technical regulation (on the draft amendments to the technical regulation).
11. Final materials of consideration of the draft technical regulation (draft amendments to the technical regulation) by the Advisory Committee on technical regulation, application of sanitary, veterinary and phytosanitary measures.
12. Conclusion on the compliance of the draft order of the Board of the Commission on the approval of the draft decision of the Council of the Commission on the adoption of the technical regulation (on amending the technical regulation) with international treaties and acts constituting the law of the Union.
13. Documents outlining the positions of the Member States of the Union on the draft technical regulation (draft amendments to the technical regulation) with a set of documents to it, submitted at the request of the Commission (if any).
14. Other documents and information that are relevant for making a decision on the draft technical regulation (on the draft amendments to the technical regulation).
Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"
The procedure for developing, adopting, amending and canceling technical regulations is discussed in detail in Art. 9 chapter 2 of the Law "On technical regulation". Before creating a draft technical regulation, the following concepts should be clearly formulated:
1) the object for which, in fact, the technical regulation will be created;
2) the objectives of the development of this regulation;
3) a list of basic requirements for the object;
4) a list of mandatory requirements for the facility established on the territory of the Russian Federation;
5) a list of International standards that present their requirements for the object.
Further, the above-mentioned normative act very clearly formulates the main points of the development of a draft technical regulation. So, any person can act as a developer of a draft technical regulation: an individual and a legal entity.
The stages of development of technical regulations are formulated, which include:
Stage 1: collection of applications for the development of technical regulations. Applicants can be government agencies, organizations, various public associations, scientific and technical societies, companies and firms, and private entrepreneurs;
Stage 2: the organizational stage, at which all work on the organization of the project is carried out by the Federal Agency for Technical Regulation and Metrology;
Stage 3: the draft technical regulation in the first edition must be brought into line with the current legal framework, as well as with international rules and regulations and national standards of foreign countries;
Stage 4: there is a publication of a notice on the development of a technical regulation in one of the printed publications of the Federal Executive Body for Technical Regulation, as well as in an information source of the so-called "public use", as a rule, in electronic digital form. There are special recommendations on the content of the notice of the work on the creation of a draft technical regulation.
Thus, this notification should include information on the following issues:
1) for which product, processes of production, storage, transportation, use, sale and disposal requirements are being developed;
2) for what purpose this regulation is being developed;
3) a direct statement of the necessary requirements that are not a repetition of already existing requirements set out in any international regulations or national standards;
4) information about how familiarization with the created document will take place in the future;
5) the name of the organization or the initials of the person developing this draft regulation, its postal and electronic coordinates, with the use of which the comments of interested parties are received;
Stage 5: public discussion of the project;
Stage 6: getting feedback on the project;
Stage 7: analysis of received feedback;
Stage 8: finalization of the project with the introduction of changes that take into account the received written comments from interested parties;
Stage 9: holding a public discussion of the draft technical regulation;
Stage 10: adoption of the draft in the first reading;
Stage 11: compiling a list of received written comments with a mandatory summary of the essence of these comments, as well as the results of their discussion;
Stage 12: conducting an examination of the finished draft technical regulation in a commission of experts on technical regulation, which may include representatives of various federal executive authorities, as well as representatives of scientific institutions, public organizations, various funds and institutions of consumers and entrepreneurs;
Stage 13: adoption of the finished and revised draft in the second reading. It also provides for the procedure for the adoption and consideration of the draft Law of the Russian Federation "On Technical Regulations" in the State Duma and, further, in the government of the Russian Federation. The draft Law of the Russian Federation “On Technical Regulations” sent from the State Duma to the Government of the Russian Federation is considered within a calendar month, during which a review must be sent to the State Duma, created taking into account the provisions of the opinion issued by the expert commission on technical regulation. The draft Law of the Russian Federation “On Technical Regulations” prepared in this way is sent by the State Duma to the government of the Russian Federation for the second reading, but not later than one month before the consideration of the above draft in the State Duma, also in the second reading. The government of the Russian Federation is also obliged to send its opinion to the State Duma on this project within a month, which also takes into account the conclusions received from the expert commission on technical regulation. Amendments and additions to the technical regulations adopted in this way or its cancellation occur in the same order.
Development, examination, adoption, amendment and cancellation of technical regulations.
2. The Committee for Technical Regulation and Metrology of the Ministry for Investments and Development of the Republic of Kazakhstan (Kaneshev B.B.) shall ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, sending a copy of it for official publication in print periodicals and the information and legal system "Adilet";
3) placement of this order on the Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;
4) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submission to the Legal Department of the Ministry for Investments and Development of the Republic of Kazakhstan of information on the implementation of the measures provided for in subparagraphs 1), 2) and 3) of paragraph 2 of this order.
3. To impose control over the execution of this order on the supervising Vice-Minister for Investments and Development of the Republic of Kazakhstan.
4. This order shall enter into force ten calendar days after the day of its first official publication.
"AGREED"
Minister of Agriculture
Republic of Kazakhstan
A. Mamytbekov
"AGREED"
Minister of Health
and social development
Republic of Kazakhstan
T. Duisenova
"AGREED"
Minister of Finance
Republic of Kazakhstan
B. Sultanov
"AGREED"
Minister of National Economy
Republic of Kazakhstan
E. Dosaev
"AGREED"
Minister of Internal Affairs
Republic of Kazakhstan
K. Kasymov
"AGREED"
Minister of Energy
Republic of Kazakhstan
rules
development, examination, adoption, modification and cancellation
technical regulations
1. General Provisions
1. These Rules for the development, examination, adoption, amendment and cancellation of technical regulations (hereinafter referred to as the Rules) are developed in accordance with subparagraph 19) of Article 7 of the Law of the Republic of Kazakhstan dated November 9, 2004 "On Technical Regulation" (hereinafter referred to as the Law) and determine the procedure development, examination, adoption, amendment and cancellation of technical regulations.
2. These Rules do not apply to procedures for the development, adoption, amendment and cancellation of technical regulations adopted within the framework of the Eurasian Economic Union and in the manner determined by the Treaty on the Eurasian Economic Union, concluded in Astana on May 29, 2014, ratified by the Law of the Republic of Kazakhstan dated October 14, 2014 "On Ratification of the Treaty on the Eurasian Economic Union".
2. Procedure for the development of technical regulations
3. Proposals for the development, amendment, addition or cancellation of technical regulations are prepared by state bodies whose competence includes the establishment of mandatory rules and regulations, taking into account the proposals of the technical committees for standardization, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, interested parties and are submitted to the authorized body in the field technical regulation (hereinafter - the authorized body).
The authorized body, on the basis of proposals, forms and approves a plan for the development of technical regulations in accordance with subparagraph 21) of Article 7 of the Law.
The technical regulation is developed in the presence of a concept approved by the Commission on technical regulation and metrology, created by the Decree of the Government of the Republic of Kazakhstan dated June 12, 2010 No. 558 "On the establishment of the Commission on technical regulation and metrology" (hereinafter referred to as the Commission).
The concept should contain:
1) the name of the technical regulation;
2) the purpose of developing technical regulations;
3) the scope and objects of the technical regulation, indicating the commodity position within the codes of the unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union (hereinafter - TN VED EAEU);
4) subjects of entrepreneurial and other activities whose interests will be affected by the technical regulation;
5) information about the problems, the regulation of which needs to be established in order to minimize their negative impacts;
6) dangerous factors (risks);
7) information on the availability and status of the regulatory legal framework of the Republic of Kazakhstan and the Eurasian Economic Union (laws, regulations, sanitary, construction, fire and other norms and rules that establish requirements for the object of the technical regulation);
8) information on the availability of normative documents of the international level (international treaties, directives, technical regulations of other countries and others);
9) information on the state of the production, testing base and the industry as a whole.
The information should contain information on the number of testing laboratories and conformity assessment bodies that have the material and technical ability to confirm the conformity of products, their geographical location and production capacities;
10) information on the measures, the adoption of which is necessary for the implementation of the technical regulation;
11) expected results from the implementation of the technical regulation, including information on the positive and negative impact of the implementation of the technical regulation on manufacturers, consumers and the country's economy as a whole, forecasting possible technical barriers;
12) information on production volumes in the Republic of Kazakhstan and volumes of imports of products subject to the developed (amended/cancelled) technical regulations.
The state bodies responsible for the development of the draft technical regulation, before submitting the concept to the Commission, send it for consideration to the interested state bodies, the National Chamber of Entrepreneurs of the Republic of Kazakhstan and accredited associations of private business entities.
4. State bodies responsible for the development of the draft technical regulation:
1) place in the official print publication of the authorized body and the public information system a notification of the established form on the development of a draft technical regulation, amendments and (or) additions or cancellation of the technical regulation no later than one month from the date of the start of the development of drafts, amendments and additions or cancellation of regulatory legal acts;
2) involve representatives of interested state bodies, expert councils in the field of technical regulation under interested state bodies, technical committees for standardization, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, accredited associations of private businesses and other interested parties in the development of a draft technical regulation;
3) organizes the analysis of the scientific and technical level of technical regulations and related standards;
4) organize a public discussion of the draft technical regulation within a period equal to at least sixty calendar days from the date of publication of the notice of their development until the day of publication of the notice of completion of the public discussion;
5) provide, at the request of the interested parties, the received comments to the draft technical regulation;
6) finalize the draft technical regulation taking into account the comments received and place it in the official print publication of the authorized body and the public information system;
7) send to the authorized body a notification of the completion of the public discussion of the draft technical regulation for placement in the official printed publication of the authorized body and the public information system, which should contain information on the method of familiarization with the draft and the list of comments received, the name of the state body that developed the draft technical regulation , his postal and email address.
5. Technical regulations are developed on the basis of scientifically substantiated and (or) statistical data.
The norms and standards of foreign states, international and regional organizations can be used as a basis for the development of technical regulations in whole or in part, if they correspond to the goals provided for in paragraph 1 of Article 4 of the Law.
6. The requirements established in the technical regulation must comply with the interests of the state policy in the field of technical regulation, the development of the material and technical base and the level of scientific and technological development, as well as the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
7. When establishing the minimum required requirements for products or for products and processes related to product requirements, all types of risks inherent in this product at all stages of its life cycle are taken into account.
8. Technical regulations that establish requirements for the same product are interconnected in order to ensure a unified composition and content of mandatory requirements for products.
9. The development of technical regulations is carried out in the following order:
1) the scope is determined, where an exhaustive list of products (according to the classifier "TN VED EAEU") and processes that are subject to the requirements established by the technical regulation and the hazards (risks) that should be avoided, as well as the criteria and methods of identification for the purposes of application of the technical regulation;
2) terms and definitions are established. The terms and definitions used in the technical regulation should not contradict the terms established by international standards and the Law, as well as the Law of the Republic of Kazakhstan dated July 5, 2008 "On accreditation in the field of conformity assessment", the Law of the Republic of Kazakhstan dated June 7, 2000 "On ensuring unity of measurements".
3) the conditions for the circulation of products on the market of the Republic of Kazakhstan are determined, where provisions are established that the products must comply with the requirements established by the technical regulation, and ways to bring information about this to the consumer (an indication of compliance with the technical regulations in the accompanying documentation, the availability of a certificate of conformity or a declaration conformity or certificate of state registration, technical or regulatory documentation or instructions for the correct operation or use of products, including appropriate warnings, assembly diagrams, and others);
4) requirements are established for the safety of products and processes of its life cycle, where, taking into account the degree of risk of causing harm, the minimum necessary requirements are established to ensure their safety. The technical regulation, taking into account the degree of risk of causing harm, may contain special requirements for the objects of technical regulation in accordance with paragraph 6 of Article 18 of the Law.
Requirements are established only for products and, if necessary, for the processes of its life cycle associated with the possibility of direct harm to human life and health and the environment.
The minimum required requirements are established by a specific description of the required safety end result for each type of potentially hazardous factor (risk) inherent in a given product and process. At the same time, the methods for achieving the safety goal are not regulated, except for cases when this goal can be achieved solely by using the specified method.
The numerical values of the technical characteristics of products can be set in cases where they have a constant value: "no more", "no less", "no content is allowed".
Safety indicators can be issued as an annex to the technical regulation.
If it is not possible to determine the requirements for products, the long-term use of which may cause harm, the occurrence of which depends on factors that do not allow determining the degree of acceptable risk, the technical regulation must contain requirements regarding informing the consumer about the possible harm of the product and the factors on which it depends;
5) rules for sampling and testing products, rules and forms of conformity assessment, including conformity assessment schemes may be established (the choice of forms and schemes for conformity assessment should be carried out taking into account the total risk from unreliable assessment and damage from the use of products that have passed conformity assessment) and (or) requirements for terminology, packaging, marking or labeling and rules for their application;
6) the terms and conditions for the entry into force of the technical regulation are established, establishing the time of the transition period, during which issues must be taken into account for the entry into force of the technical regulation, the development and (or) adjustment of regulatory or technical documentation, as well as issues related to the release of products ;
7) a list of standards is established as a result of the application of which, on a voluntary basis, compliance with the requirements of the technical regulation is ensured, as well as a list of standards containing the rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and implementation of the requirements of the technical regulation and assessment (confirmation) of conformity of products (hereinafter referred to as lists), which are drawn up as an annex to the draft technical regulation.
The development of lists is carried out by including in them regulatory documents on standardization in the forms provided for in Appendix 1 and to these Rules.
The state bodies responsible for the development of the draft technical regulation ensure the preparation and submission to the authorized body at least once a year of reasonable proposals for making changes and updating the lists based on the results of monitoring the adoption, application, updating and cancellation of the relevant standards.
10. The requirements established by paragraphs 7 and these Rules do not partially apply to independent technical regulations that establish only requirements for conformity assessment procedures, with the exception of the requirements provided for by the Law.
3. Examination of technical regulations
11. Draft technical regulation, copies of feedback from interested organizations, a summary of feedback reflecting the submitted comments and suggestions to the draft technical regulation and drawn up in a tabular form indicating the author of the comments and suggestions, the current and proposed edition, as well as the conclusion of the developer on the comments and suggestions submitted are sent for consideration to:
1) an authorized body in order to establish compliance with the goals provided for in paragraph 1 of Article 4 of the Law and international treaties in the field of technical regulation;
2) interested state bodies and (or) expert councils, in order to establish the sufficiency of the minimum necessary requirements to ensure the safety of products and (or) processes, compatibility of requirements with the international obligations of the republic, compliance with the scientific and technical level of development and material and technical base.
Consideration of the draft technical regulation and the materials attached to it, set out in this paragraph, is carried out within 30 (thirty) calendar days from the date of their receipt.
12. The state bodies responsible for the development of the draft technical regulation, after receiving the conclusions, as well as comments and suggestions in accordance with paragraph 11 of these Rules, within 30 (thirty) calendar days, send the finalized draft technical regulation to the authorized body, which organizes its adoption for consideration by the Commission.
Based on the results of the meeting of the Commission, a protocol is drawn up and sent to the state bodies responsible for the development of the draft technical regulation within 10 (ten) calendar days.
4. Adoption, amendment and cancellation of technical regulations
13. Adoption and cancellation of technical regulations are carried out in accordance with Article 19 of the Law, as well as in accordance with the Law of the Republic of Kazakhstan dated March 24, 1998 "On regulatory legal acts".
14. Amendments and additions to the technical regulations are carried out in accordance with Chapters 2 and these Rules.
The list of standards, as a result of the application of which
on a voluntary basis, compliance
requirements of the technical regulation
Notes:
1. Column 2 indicates the elements of the technical regulation, compliance with which can be ensured by fulfilling the requirements of the standard (paragraph, subparagraph, paragraph, article, appendix).
2. Column 3 indicates the designation of the standard as a whole and/or sections (paragraphs, subparagraphs) of the standard, if compliance with the requirements of the technical regulation can be ensured by the use of individual sections (paragraphs, subparagraphs) of the standard.
List of standards containing the rules and methods of research
(tests) and measurements, including sampling rules,
necessary for the application and fulfillment of the requirements
technical regulations and implementation
evaluation (confirmation) of product conformity
Notes:
1. Column 2 indicates the elements of the technical regulation, compliance with which can be confirmed by applying the rules and methods of research (tests) and measurements, including the rules for sampling established in the standard (paragraph, subparagraph, paragraph, article, appendix).
2. Column 3 indicates the designation of the standard as a whole and/or sections (clauses, sub-clauses) of the standard, if the application of individual sections (clauses, sub-clauses) of the standard can be ensured to assess (confirm) the conformity of products with the requirements of the technical regulation.
3. Column 5 shall contain information on the expiry date of the application of the standard, which has been replaced by a replacement standard (day - in two Arabic numerals, month - in two Arabic numerals, year - in four Arabic numerals), and (or) information on the establishment, if necessary, of a transition period during which both the superseded and the superseding standard may apply.
The technical regulation may be adopted by an international treaty of the Russian Federation, subject to ratification in the manner prescribed by the legislation of the Russian Federation, or in accordance with an international treaty of the Russian Federation, ratified in the manner established by the legislation of the Russian Federation. Such technical regulations are developed, adopted and canceled in the manner adopted in accordance with the international treaty of the Russian Federation, ratified in the manner prescribed by the legislation of the Russian Federation.
Before the entry into force of a technical regulation adopted by an international treaty of the Russian Federation subject to ratification in the manner prescribed by the legislation of the Russian Federation, or in accordance with an international treaty of the Russian Federation ratified in the manner established by the legislation of the Russian Federation, a technical regulation may be adopted federal law, or a decree of the President of the Russian Federation, or a decree of the Government of the Russian Federation, or a regulatory legal act of the federal executive body for technical regulation in accordance with the provisions of this Federal Law.
developer draft technical regulation can be any person. A notification on the development of a draft technical regulation must be published in the printed edition of the federal executive body for technical regulation and in the public information system in electronic digital form . Notification on the development of a draft technical regulation should contain information on which products or what processes related to the requirements for it will be established by the developed requirements, with a brief statement of the purpose of this technical regulation, justification for the need for its development.
From the moment of publication of the notification on the development of a draft technical regulation, the relevant draft technical regulation should be available to interested persons for familiarization. Developer finalizes the project of the technical regulation, taking into account the comments received in writing from interested parties, conducts a public discussion of the draft technical regulation and draws up a list of comments received in writing from interested parties with a summary of the content of these comments and the results of their discussion.
Public Comment Deadline draft technical regulation from the date of publication of the notice on the development of the draft technical regulation until the day of publication of the notice of completion of public discussion may not be less than two months. A notice of the completion of the discussion is also published in the press.
Application the subject of the right to legislative initiative of the draft federal law on technical regulations to the State Duma is carried out in the presence of the following documents:
justification for the need to adopt a federal law on technical regulations indicating those requirements that differ from the provisions of the relevant international standards or mandatory requirements in force on the territory of the Russian Federation at the time of development of the draft technical regulation;
financial and economic justification for the adoption of the federal law on technical regulations;
a list of comments received in writing from interested parties.
The draft federal law on technical regulations submitted to the State Duma with the attachment of the documents specified in this paragraph shall be sent by the State Duma to the Government of the Russian Federation.
Examination of draft technical regulations is carried out by expert commissions for technical regulation, which include representatives of federal executive bodies, scientific organizations, self-regulatory organizations, public associations of entrepreneurs and consumers on an equal footing. If the technical regulation is inconsistent with the interests of the national economy, the development of the material and technical base and the level of scientific and technical development, as well as international norms and rules put into effect in the Russian Federation in the prescribed manner, the Government of the Russian Federation or the federal executive body for technical regulation are obliged to begin change procedure to the technical regulation or cancellation of the technical regulation.
In accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation, a technical regulation may be adopted by a regulatory legal act. federal executive body for technical regulation. Such technical regulations are developed in the manner established by this Federal Law and adopted in the manner established for the adoption of normative legal acts of federal executive bodies. Project of a technical regulation, adopted in the form of a normative legal act of the federal executive body for technical regulation, is submitted by the developer to the federal executive body for technical regulation. The project is sent for review.
On the basis of the conclusion of the expert commission on technical regulation on the possibility of adopting a technical regulation, the federal executive body for technical regulation makes a decision on the adoption of a technical regulation or on the rejection of its draft. The adopted technical regulation must be published. Subject to state registration.
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