1. Technical regulation can be adopted international treaty 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, 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 a federal body executive power on 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 printed edition federal executive body for technical regulation and information system common use 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, justification of the need for its development and an indication of those developed requirements that differ from the provisions of the relevant international standards or mandatory requirements operating on the territory of the Russian Federation at the time of the development of the draft of this technical regulation, and information on the method of familiarization with the draft technical regulation, the name or surname, name, patronymic of the developer of the draft of this technical regulation, postal address and, if available, address Email, according to which the reception should be carried out in writing stakeholder comments.
(see text in previous edition)
4. From the moment of publication of the notification on the development of a draft technical regulation, the corresponding draft technical regulation must be available 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 placed in the public information system in electronic digital form no later than thirty days before the day 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, on a parity basis, include representatives of federal executive authorities, scientific organizations, self-regulatory organizations, public associations of entrepreneurs and consumers. 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. In the event that 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 in due course, Government of the Russian Federation or federal agency executive authorities 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 amendments to the Regulations on the procedure for the development, adoption, amendment and cancellation of technical regulations of the Customs Union";
- Decision of the Commission of the Customs Union of 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
Application. The procedure for the development, adoption, amendment and cancellation of the technical regulations of the Eurasian Economic Union
Application
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
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 stages (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) conducting 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. 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 referred to as the developers) provided for by the plan, and the bodies involved in their development (hereinafter - 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 "EAEU TR", serial number and the 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. Developer forms working group on the development of 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 states members, 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 to the developer proposals for the draft technical regulation. Decisions of the working group are made by a majority vote of total number 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 paragraph one 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 unified sanitary-epidemiological and hygiene requirements to products (goods) subject to sanitary and epidemiological supervision (control) approved by the Commission (hereinafter referred to as 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) composition and general characteristics 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 brief justification 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 economic effect from the implementation of the technical regulation and an assessment of the impact of the implementation of the technical regulation on the expenses of the Union's budget;
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 subjects entrepreneurial activity, 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 paragraph 12 of this Procedure, and the protocol of the meeting of the working group specified in paragraph one of this paragraph shall be submitted by the developer to the Commission in in electronic format and on paper.
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. In order to conduct a public discussion of the draft technical regulation, the Commission shall post on the official website of the Union a notice 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 transmitted 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 during the 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 conclusion 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 concerned 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 coordination 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 obtaining additional information, the public authority of the Member State authorized to interact with the Commission, shall inform the Commission in writing of the term for preparing the said decision, which may not 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 Order.
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 Advisory 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 resolved 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. In the event that, when finalizing the draft technical regulation, significant changes based on the results of the Commission's legal expertise and legal editing, 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 of 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) the recipients of regulation, including business entities, and the impact exerted on them by the 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, when circumstances arise that lead to an immediate threat to human life and (or) health, property, environment life and (or) health of animals and plants, and (or) circumstances of a socio-economic nature that require prompt response, and (or) in the event of amendments 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 agreements within the Union, by decision of the Council of the Commission, changes to the technical regulation may be adopted without public discussion procedures, including without preparing a conclusion on the 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. If 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, are amended in relation to the requirements provided for in the technical regulation (hereinafter - 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 the 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 draft 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 Board 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, no 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 amendments 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.
Appendix 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 are indicated. new edition draft technical regulation (draft amendments to the technical regulation), taking into account 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"
Paragraph 1 of Art. 9 of Federal Law No. 184-FZ "On Technical Regulation" establishes that legal form adoption of technical regulations is a federal law or a decree of the Government of the Russian Federation.
on the safety of machinery and equipment;
on the safety of low-voltage equipment;
about security building materials and products;
on the safety of buildings and structures;
about security medicines;
on the safety of elevators;
about security power stations and networks;
on the safety of equipment operating under excessive pressure;
on electromagnetic compatibility;
about wheel safety Vehicle;
about product safety medical purpose;
about the safety of funds personal protection;
on the safety of chemical products;
about security food products;
about safety of the devices working at gaseous fuel;
about safety of the equipment for work in explosive environments;
about the safety of packaging.
The developer of a draft technical regulation can be any legal or individual(Section 2, Article 9). On the one hand, this provision contributed to the wide involvement of various specialists in the process of developing draft technical regulations. On the other hand, many developers are experiencing significant difficulties in correct spelling and execution of projects in accordance with the Law. In this regard, it is advisable to pay attention to Guidelines on the development and preparation for the adoption of draft technical regulations, approved by order of the Ministry of Industry and Energy of Russia dated April 12, 2006 No. 78.
The procedure for developing a draft technical regulation provides for the implementation of a number of mandatory procedures, which can be conditionally divided into two stages.
The law stipulates the main content of the notification, which makes it possible to determine which products or which processes of design (including surveys), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal related to the requirements for it will be subject to the requirements of the project, the purpose of developing the project , justification for the need for development, including project requirements that differ from the requirements of international standards or mandatory requirements in force on the territory of the Russian Federation, as well as a way to familiarize yourself with the project, information about the developer and the address for sending comments on the project.
The form of notification of the development of a draft technical regulation is determined by Decree of the Government of the Russian Federation dated November 5, 2003 No. 673 (as amended on August 2, 2005) “On the publication and amount of payment for the publication of documents on the development, discussion and peer review draft technical regulations, draft legislative and other regulatory legal acts on technical regulations”. (hereinafter referred to as Resolution No. 673). The publication of the notification is paid and, on the basis of paragraph 2 of the Decree, costs 1,000 rubles.
This Decree also instructs the publication of notifications on the development of draft technical regulations to the Federal Agency for Technical Regulation and Metrology in the Agency's printed publication - the journal "Vestnik Tekhnicheskogo Regulirovaniya" or in an appendix to it and on the Agency's official website on the Internet (www.gost.ru).
2. Public discussion of the draft technical regulation.
The term of discussion in accordance with paragraph 4 of Article 9 of the Law may not be less than two months. From the moment of publication of the notification on the development of the relevant draft technical regulation should be available to interested parties for review. The developer is obliged, at the request of the interested person, to provide him with a copy of the draft technical regulation free of charge or for a fee that cannot exceed the cost of making a copy of the project. At this stage, 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 notification of the completion of the public discussion of the project must contain information about the method of familiarization with the project and the list of comments, information about the developer to contact him.
From the date of publication of the notice of the completion of the public discussion of the draft technical regulation, the finalized draft and the list of comments received in writing should be available to interested parties for review.
Stage 2
Consideration of draft technical regulations in the form of a federal law or a decree of the Government of the Russian Federation has its own characteristics.
1. Acceptance technical regulation in the form of a federal law.
The subject of the right of legislative initiative (deputy, authority or other authorized person) submits a draft federal law on technical regulations to the State Duma (paragraph 7 of Article 9 of the Law) with a set accompanying 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 is sent State Duma to the Government of the Russian Federation, which, within ninety days, sends a response to it to the State Duma, prepared taking into account the conclusion of the expert commission on technical regulation (paragraph 7 of Article 9 of the Law). However, the draft federal law on technical regulations may be considered by the State Duma in the first reading without recalling the Government of the Russian Federation if the review of the Government of the Russian Federation was not submitted to the State Duma within the specified period.
The draft federal law on technical regulations, adopted by the State Duma in the first reading, is published in the Bulletin of Technical Regulation or in an appendix to it and on the official website of Rostekhregulirovanie (www.gost.ru). Amendments to the draft federal law on technical regulations adopted in the first reading are published no later than 1 month before the State Duma considers the draft law in the second reading (clause 8 of Article 9 of the Law).
A draft federal law on technical regulations prepared for the second reading shall be sent by the State Duma to the Government of the Russian Federation no later than sixty days before the said draft is considered by the State Duma in the second reading. The Government of the Russian Federation on the draft law on technical regulations within sixty days sends to the State Duma a review prepared taking into account the conclusion of the expert commission on technical regulation (clause 8 of article 9 of the Law). In the absence of the Government's recall within the specified period, the draft federal law on technical regulations may be considered by the State Duma in the second reading without the said recall.
2. Acceptance technical regulations in the form of a decree of the Government of the Russian Federation.
Draft on technical regulations, prepared for consideration at a meeting of the Government of the Russian Federation, no later than thirty days before the day of its consideration, it is sent for examination to the appropriate expert commission on technical regulation. Within the same period, the project 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.
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.
Examination of draft technical regulations is carried out by expert commissions for technical regulation, which, on a parity basis, include representatives of:
federal executive authorities;
scientific organizations;
self-regulatory organizations;
public associations of entrepreneurs and consumers.
The procedure for the creation and activities of expert commissions for technical regulation is regulated by the Regulations on the creation and activities of expert commissions for technical regulation, approved by Decree of the Government of the Russian Federation of August 21, 2003 No. 513 "On approval of the regulation on the creation and activities of expert commissions for technical regulation" and the Order Ministry of Industry and Energy of Russia dated April 3, 2006 N 66 "On approval of the procedure for the formation of expert commissions for technical regulation." It is planned to create separate expert commissions for each draft technical regulation.
The conclusions of expert commissions on technical regulation are subject to mandatory publication in the journal "Technical Regulation Bulletin" or in an appendix to it and on the official website of Rostekhregulirovanie (www.gost.ru).
At the same time, Article 10 of the Law provides for a special procedure for the development and adoption of technical regulations.
Firstly, in exceptional cases, when circumstances arise that lead to a direct threat to the life or health of citizens, the environment, the life or health of animals and plants, and in cases where, in order to ensure product safety or design processes related to the requirements for it (including research), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal, it is necessary to immediately adopt the relevant regulatory legal act on technical regulations, the President of the Russian Federation has the right to issue technical regulations without public discussion.
Secondly, the technical regulation can be adopted by an international agreement (including an agreement with the member states of the Commonwealth Independent States), subject to ratification in the manner prescribed by the legislation of the Russian Federation or by an intergovernmental agreement concluded in the manner established by the legislation of the Russian Federation. In this case, the draft technical regulation must undergo public discussion in accordance with the Law (paragraphs 2-6 of Article 9).
At the same time, the federal law is the priority form for the adoption of technical regulations. The law provides that “From the day the federal law on technical regulations comes into force, the relevant technical regulation issued by a decree of the President of the Russian Federation or a decree of the Government of the Russian Federation becomes invalid” (clause 4, article 10).
STANDARDIZATION
The law establishes the fundamental terms "standardization", "standard" and "mark of conformity".
Standardization- activities to establish rules and characteristics for the purpose of their voluntary multiple use, aimed at achieving orderliness in the areas of production and circulation of products and increasing the competitiveness of products, works or services.
Standard - a document in which, for the purpose of voluntary reuse, product characteristics, implementation rules and characteristics of design processes (including surveys), production, construction, installation, commissioning, operation, storage, transportation, sale and disposal, performance of work or provision of services are established. The standard may also contain rules and methods for research (testing) and measurements, rules for sampling, requirements for terminology, symbols, packaging, marking or labels and rules for their application.
Compliance mark - a designation used to inform purchasers about the compliance of the certification object with the requirements of the voluntary certification system or the national standard;
According to Article 11 of the Law standardization goals are:
Improving the level of safety of life and health of citizens, property of individuals and legal entities, state and municipal property, objects, taking into account the risk of occurrence emergencies natural and man-made nature, increasing the level of environmental safety, safety of life and health of animals and plants;
Ensuring the competitiveness and quality of products (works, services), uniformity of measurements, rational use resources, interchangeability technical means(machinery and equipment, their components, components and materials), technical and information compatibility, comparability of the results of research (tests) and measurements, technical and economic and statistical data, analysis of the characteristics of products (works, services), execution of government orders, voluntary confirmation conformity of products (works, services);
Assistance in compliance with the requirements of technical regulations;
· creation of classification and coding systems for technical, economic and social information, systems for cataloging products (works, services), systems for ensuring the quality of products (works, services), data retrieval and transmission systems, assistance in unification work.
Standardization principles defined by Article 12 of the Law.
1. Voluntary application of standards. This principle is essentially not a principle of standardization activity, but determines the legal status of standards as non-binding documents.
2. maximum consideration in the development of standards of the legitimate interests of interested parties;
3. application of an international standard as the basis for the development of a national standard, except in cases where such application is recognized as impossible due to the inconsistency of the requirements of international standards with the climatic and geographical features of the Russian Federation, technical and (or) technological features or for other reasons, or the Russian Federation in accordance with established procedures opposed the adoption of an international standard or a separate provision of it. The main form of implementation of this principle is the harmonization of the national standards of the Russian Federation with international standards, primarily with the standards international organization for standardization - ISO (International Organization for Standardization - ISO) and the International Electrotechnical Commission - IEC (International Electrotechnical Commission - IEC). Symbols of such identical international national standards are as follows - GOST ISO, GOST R ISO, GOST IEC, GOST R IEC, GOST ISO / IEC, GOST R ISO / IEC. For example, GOST ISO 1833-2001 “Textile materials. Quantitative methods chemical analysis two-component mixtures of fibers”, GOST R ISO 10532-99 “Earth-moving machines. Towing device. Technical requirements", GOST R ISO / IEC 14764-2002 " Information technology. Software maintenance”, GOST R IEC 60335-2-53-2001 “Safety of household and similar electrical appliances. Additional requirements to heaters for saunas and test methods”.
4. the inadmissibility of creating obstacles to the production and circulation of products, the performance of work and the provision of services to a greater extent than is the minimum necessary to fulfill the goals of standardization;
5. the inadmissibility of establishing such standards that are contrary to technical regulations;
6. providing conditions for the uniform application of standards.
To the documents in the field of standardization used on the territory of the Russian Federation, the Law refers (Article 13)
national standards. Decree of the State Standard of the Russian Federation dated January 30, 2004 No. 4 “On National Standards of the Russian Federation” (registered with the Ministry of Justice of the Russian Federation on February 13, 2004, registration N 5546) from July 1, 2003, state and interstate standards adopted by the State Standard of Russia are recognized as national standards before July 1, 2003. In accordance with the same resolution, until the entry into force of the newly developed relevant rules, norms and recommendations on standardization, it was considered expedient to retain the symbols "GOST" and "GOST R" for the current state and interstate standards and the national standards being developed;
classifications applied in accordance with the established procedure, all-Russian classifiers technical, economic and social information;
organization standards;
rules of thumb..
National standards and all-Russian classifiers of technical, economic and social information, including the rules for their development and application, constitute a national standardization system.
STRUCTURE OF TECHNICAL REGULATIONS
1. Application area regulations and objects of technical regulation
The scope of this TR, the relationship with other TRs, the list of objects of technical regulation to which this TR applies and does not apply are indicated.
2. Basic concepts
Terms are given that are important for an unambiguous understanding of the provisions of the TR, and their definitions (i.e. key concepts).
3. General provisions for placement on the Russian market
It is indicated that products cannot be placed on the Russian market if they can have a harmful effect on people, property, and the environment; methods of sale (through catalogs, via the Internet, shops, markets, etc.)
4. Product Requirements .
5. Application of standards (presumption of conformity)
Principle presumptions of conformity lies in the fact that the general (minimum necessary) requirements of the technical regulation can be ensured by the fulfillment of the detailed requirements of national standards harmonized with this regulation.
Simultaneously with the draft technical regulation, a draft list of harmonized standards proposed for use in order to comply with the relevant requirements of this regulation should be developed.
The section should establish specific provisions for the case where harmonized standards do not exist or the manufacturer does not wish to apply them.
6. Confirmation of compliance
The objects of confirmation of conformity are determined, the form of mandatory confirmation of conformity is indicated - declaring or mandatory certification(priority form according to the Federal Law on technical regulation is declaration, mandatory certification is applied in case of a high degree of potential danger of products)
7. State control (supervision )
The procedures for the implementation of control and supervision are described.
8. Appointment of a federal executive body responsible for the implementation of the TR.
The technical regulation is adopted federal law in the order established for the adoption of federal laws:
· Development of the TR project ;
· Publication notice on the development of a draft TR in the print publication of the federal executive body for technical regulation - the Ministry of Industry and Energy of Russia ("Bulletin of Technical Regulation") and in the public information system in electronic digital form (for example, the online publication " Russian newspaper»);
· Acquaintance with the TR project all interested parties, making comments and suggestions;
· Refinement of the draft TR taking into account comments and suggestions;
· Public discussion of the draft TR ;
· Publication of the notice of completion of the public discussion of the draft TR in the printed edition of the Ministry of Industry and Energy of Russia (Bulletin of Technical Regulation) and in the public information system in electronic digital form (for example, the online edition Rossiyskaya Gazeta);
· Submission to the State Duma draft federal law on technical regulations;
The State Duma sends the draft Federal Law on TR to the Government of the Russian Federation , which gives review for a project prepared taking into account the conclusion of the expert commission on technical regulation, and sends it to the State Duma of the Russian Federation;
· The State Duma considers the draft federal law on TR in the first reading, adopts amendments, then considers the draft federal law on TR in the second reading and adopts this law.
In exceptional cases, in the event of circumstances leading to an immediate threat to the life and health of citizens, the environment, President of the Russian Federation has the right to issue a TR without its public discussion.
In some cases, TRs are accepted Decree of the Government of the Russian Federation, bypassing the State Duma, and international treaty(when importing products into the territory of the Russian Federation by import)
There are currently 14 regulations in force:
- Technical regulation on the safety of buildings and structures, Federal Law No. 384-FZ of December 30, 2009
- Technical regulation on safety requirements for blood, its products, blood-substituting solutions and technical means used in transfusion-infusion therapy. Approved by Decree of the Government of the Russian Federation dated January 26, 2010 No. 29.
- Technical regulation on the safety of machinery and equipment, approved by Decree of the Government of the Russian Federation of September 15, 2009 No. 753.
- Technical regulation on the safety of wheeled vehicles, approved by Decree of the Government of the Russian Federation of September 10, 2009 No. 720.
- Technical regulation on requirements for automobile and aviation gasoline, diesel and marine fuel, jet fuel and heating oil, approved by Decree of the Government of the Russian Federation No. 118 of February 27, 2008.
- Technical regulation for tobacco products, Federal Law No. 268-FZ of December 22, 2008
- Technical regulations for juice products from fruits and vegetables cabbage soup, Federal Law No. 178-FZ of October 27, 2008
- Technical regulation on fire safety requirements and, Federal Law No. 123-FZ of July 22, 2008
- Technical regulations for oil and fat products, Federal Law No. 90-FZ of June 24, 2008
- Technical regulations for milk and dairy products, Federal Law No. 88-FZ of June 12, 2008
- Special technical regulation "On the requirements for emissions of harmful (polluting) substances by automotive equipment put into circulation on the territory of the Russian Federation". Decree of the Government of the Russian Federation of October 12, 2005 No. 609
- Technical regulation on the safety of elevators. Approved by Decree of the Government of the Russian Federation of October 2, 2009 No. 782. (Entered into force on October 12, 2010)
- Technical regulation on the safety of pyrotechnic compositions and products containing them. Approved by Decree of the Government of the Russian Federation of December 24, 2009 No. 1082.
- Technical regulation on the safety of devices operating on gaseous fuels. Approved by Decree of the Government of the Russian Federation of February 11, 2010 N 65 (entered into force on January 1, 2011).
Approved, but not yet entered into force, 9 regulations:
- Technical regulation on the safety of maritime transport facilities. Approved by Decree of the Government of the Russian Federation of August 12, 2010 No. 620. (Entering into force on August 23, 2011)
- Technical regulation on the security of gas distribution and gas consumption networks. Approved by Decree of the Government of the Russian Federation of October 29, 2010 No. 870 (effective from November 8, 2011).
- Technical regulation on the safety of equipment for work in explosive environments. Approved by Decree of the Government of the Russian Federation of February 24, 2010 N 86. (Entering into force on January 1, 2012)
- Technical regulation on the safety of products intended for children and adolescents. Approved by Decree of the Government of the Russian Federation No. 307 of April 7, 2009 (enters into force on 01.01.2012)
- Technical regulation on the safety of indoor facilities water transport . Approved by Decree of the Government of the Russian Federation of August 12, 2010 No. 623. (Entering into force on February 23, 2012)
- Technical regulation on the safety of personal protective equipment. Approved by Decree of the Government of the Russian Federation of December 24, 2009 No. 1213 (effective from July 1, 2012)
- Technical regulation on the safety of high-speed rail transport. Approved by the Decree of the Government of the Russian Federation of 15.07. 2010 No. 533. (Entering into force on July 26, 2013)
- Technical regulation on the safety of railway transport infrastructure. Approved by Decree of the Government of the Russian Federation of July 15, 2010 No. 525. (Entering into force on July 26, 2013)
- Technical regulations on the safety of railway rolling stock. Approved by Decree of the Government of the Russian Federation of July 15, 2010 No. 524. (Entering into force on August 2, 2013)
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.
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, 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.
(as amended by Federal Law No. 104-FZ of April 5, 2016)
(Clause 1 as amended by Federal Law No. 255-FZ of July 21, 2011)
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.
(as amended by Federal Law No. 65-FZ of May 1, 2007)
4. From the moment of publication of a notification 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.
(as amended by Federal Law No. 104-FZ of April 5, 2016)
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. The procedure for publishing notifications and the amount of payment for their publication are established by the Government of the Russian Federation.
8.1. A draft resolution of the Government of the Russian Federation on technical regulations, developed in accordance with the procedure established by paragraphs 2-6 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 was 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 placed in the public information system in electronic digital form no later than thirty days before the day 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.
(Clause 8.1 was introduced by Federal Law No. 65-FZ of May 1, 2007)
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.
(as amended by Federal Laws No. 65-FZ of May 1, 2007, No. 385-FZ of December 30, 2009)
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.
Federal Law "On Technical Regulation"- N 184-FZ - controls the processes and relationships that appear during the development, adoption, application and execution of mandatory requirements for products or related actions for design, construction, transportation, production, installation, storage, commissioning, operation, implementation, conformity assessment, disposal, performance of work or provision of services. It does not extend its power to the area of economic rationing (for pricing, estimated rationing in construction, etc.). He deals with such issues as the procedure for the development, adoption, amendment and cancellation of technical regulations, standardization, goals, principles and forms of conformity assessment, mandatory conformity assessment, violation of the requirements of technical regulations, product recall, accreditation of certification bodies and testing laboratories, etc.