The procedure for technical regulation in the customs union. Technical regulation in the customs union Technical regulation in customs

12.12.2023

Are:

TS commission

¾ Bodies of the State Committee for Taxes and Inspections have the right to:

QUALITY MANAGEMENT SYSTEM IN CONSTRUCTION. BASIC CONCEPTS IN ACCORDANCE WITH THE ISO 9000 SERIES DOCUMENTS. EIGHT PRINCIPLES OF A QUALITY MANAGEMENT SYSTEM.

The quality management system in construction is a product of our time. This is a modern tool for ensuring high-quality execution of construction work, eliminating all kinds of risks that threaten the safe operation of constructed facilities.

Construction is traditionally one of the largest sectors of the country's economy, solving many problems of a governmental nature - GDP growth, and of a social nature - civil construction and home renovation. Therefore, it is very important that this industry functions effectively, including through such a process as the introduction of a quality management system.

The market in this sector of the economy has always been an open organizational and economic system. This system is characterized by the following elements:

1. Subjects of the construction market - that is, performers. These include not only builders and designers, but also investors, manufacturers of materials and equipment.

2. Objects of market relations - construction projects and means of production - equipment, materials, labor resources.

3. Infrastructure of the construction market.

4. Market mechanism - the relationship between supply and demand, state regulation of the activities of construction market entities through taxation and other market regulation mechanisms.

5. State control.

The quality management system in construction or, in other words, the QMS allows one to overcome the negative effects of factors that limit the business activity of construction organizations in various areas of manifestation.

The quality management system is the main component of an organization's management system. It is aimed at ensuring the quality and efficiency of the entire organization as a whole, by ensuring the quality of the organization's production, management and organizational processes. The quality management system is focused, first of all, on ensuring that the organization’s activities satisfy the requirements of consumers. This, in turn, should ensure a reduction in overhead costs and, ultimately, improve the quality of products and services produced.

8 principles of quality management system

1. The organization must know its consumers, focus on their needs and be ready to adapt to their requirements

Consumer requirements include: price and delivery conditions, design, safety, reliability of information, warranty period, production and delivery times, after-sales service, assistance in using products, and much more. There are external and internal consumers: 2. Management leadership The head of the enterprise must demonstrate commitment to quality by personal example. This demonstration can be implemented in writing a long-term quality policy. 3. Mutually beneficial relationships with suppliers The implementation of this principle requires the identification of the organization's main suppliers, the establishment of clear and open direct communications with them, the exchange of information, and the setting of common goals. A quality management system that complies with ISO 9001:2000 must have incentive mechanisms in relation to the supplier. 4. Process approach The design of a quality management system that complies with ISO 9001:2000 is based on a process approach. Process inputs and outputs are defined and measured. The consumers of each process are identified, their needs are identified, and their satisfaction is measured. The interaction of all processes with the functions of the organization is established. Each process is managed, rights, responsibilities and authority are established when executing that process. When designing a process, its resource provision and control influences 5. System approach This involves a transition from quality management to quality management of the entire organization. A separately created quality management system can lead to inconsistency within the organization and even be harmful to business. All processes of an organization create a system of processes. 6. Personnel Engagement The most significant part of an organization is human resources. The company's personnel must be motivated to perform high-quality work and to participate in the process of continuous improvement. E. Deming “96% of problems are caused by an incorrect management system and only 4% by the errors of the performer” There are 3 areas of motivation: coercion, motivation, self-motivation 7. Making decisions based on facts An unshakable requirement of TQM is that all decisions made must be based only on facts, and not on intuition or personal experience of the decision-maker. International experience shows that from 20 to 90% of all product improvement projects fail only in 8. Continuous improvement For continuous improvement, there are 2 methods: Breakthrough method, leading to the revision of existing processes or the introduction of new technologies Step-by-step continuous improvement, usually carried out by working groups in within existing processes

CERTIFICATION OF QUALITY MANAGEMENT SYSTEMS. PROCEDURE FOR CARRYING OUT CERTIFICATION WORK. REQUIREMENTS FOR DOCUMENTS EXECUTED BASED ON THE RESULTS OF CERTIFICATION.

Certification is carried out on an already built and functioning quality system, which implements all the requirements of the GOST ISO 9001 standard.

Preparation for certification.

During this process, the organization determines and implements methods to implement the requirements of the GOST ISO 9001 standard, i.e. Preparation for certification includes all stages of implementing a quality system.

Certification of a quality system is voluntary, therefore the organization itself has the right to decide on the need for such certification, as well as on the choice of a certification body.

Certification of an organization’s quality system is carried out in three stages:

§ The first stage is an analysis of the documentation of the organization’s quality system. At this stage, the certification body checks the organization’s documentation to ensure that it reflects the implementation of all the requirements of the standard.

§ The second stage is an audit of the organization’s quality system. At this stage, auditors of the certification body come to the enterprise and check on site, firstly, the compliance of the documentation with the actual practice of the organization, and secondly, the effectiveness and efficiency of the quality system.

§ The third stage is making a decision on the audit and issuing a certificate. At this stage, the certification body analyzes the audit results and, in case of positive results, makes a decision to issue a certificate.

After certification, the certification body issues a certificate for the quality system. The validity period of such a certificate is usually 3 years. The quality system certificate requires confirmation throughout its entire validity period. To confirm the validity of the certificate, the certification body conducts surveillance audits. Typically, the frequency of such audits is once a year. The specific validity periods of the certificate and the frequency of surveillance audits are established by the rules of the certification system in which the certification body is accredited.

The introduction of a QMS into an organization and its certification makes it possible to:

¾ maintain the quality of your products at a consistently high level;

¾ expand existing ones and find new, including international, sales markets;

¾ satisfy customer requirements at a new level;

¾ improve the information system and production culture.

List of documents and information for analysis of quality management system documentation:

1. The organization’s quality policy (if it is made in the form of a separate document and is not included in the Quality Manual);

2. Structural diagram of the organization being inspected, indicating administrative and engineering services, main and auxiliary units (shops, sections, production sites);

3. Quality manual;

4. Documented procedures established in GOST ISO 9001:

¾ documentation management,

¾ records management,

¾ internal audits,

¾ management of non-conforming products,

¾ corrective actions,

¾ preventive actions.

5. List of QMS documents;

6. Documents necessary for the organization to ensure effective planning, implementation and management of processes in accordance with the current list of QMS documents, including records;

7. Records based on the results of internal audits;

8. Information about the main suppliers of raw materials, materials, components;

9. List of main consumers of products (domestic and foreign).

RUSSIAN TECHNICAL REGULATION SYSTEM. LEGAL BASIS OF TECHNICAL REGULATION. THE CONCEPT OF TECHNICAL REGULATION. MAIN AREAS OF TECHNICAL REGULATION ACTIVITY. UNIFIED TECHNICAL REGULATION SYSTEM IN THE CUSTOMS UNION.

Technical regulation is the legal regulation of relations in the field of establishing, applying and fulfilling mandatory requirements for products or related processes of design (including surveys), production, construction, installation, commissioning, operation, storage, transportation, sales and disposal, as well as the area of establishing and applying on a voluntary basis requirements for products, design processes (including surveys), production, construction, installation, commissioning, operation, storage, transportation, sales and disposal, performance of work or provision of services and legal regulation of relations in the field of conformity assessment.

Technical regulation currently includes:

Numerous mandatory requirements of state standards (GOSTs), industry standards, sanitary rules and regulations (SanPiNov), building codes and regulations (SNiPs), other departmental documents;

Market access systems in relation to the type of activity (licensing, registration) and in relation to products (conformity assessment, declaration, mandatory and voluntary certification, etc.);

State (administrative) control and supervision - technological, sanitary and epidemiological, fire, construction and operational, environmental, etc. Technical regulations are adopted in the status of federal laws. The system of legislative normative acts in the field of technical regulation includes the following main elements:

International agreements adopted by the Russian Federation in the field of technical regulation;

System (set) of general and special technical regulations;

Methods of calculations, tests and control of parameters adopted in accordance with technical regulations by the Government of the Russian Federation.

In addition to mandatory legally approved technical regulations, the technical regulation system of Russia includes national and industry (corporate) standards of voluntary application.

Subjects of technical regulation in the Customs Union are:

Empowered national bodies for technical regulation of the states of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan (hereinafter referred to as the Bodies of the Parties);

Coordination Committee for Technical Regulation, Application of Sanitary, Veterinary and Phytosanitary Measures (hereinafter referred to as the Committee).

TS commission carries out management of technical regulation work. An important function of the Commission is to consider the draft CU TR and its adoption. The Commission accepts documents in the field of technical regulation - unified lists of products (a fragment of the Unified List is shown in Appendix 9), lists of certification bodies and testing laboratories (centers), unified documents, Regulations on the procedure for importing products, etc.

Within the framework of the Customs Union, the following work was carried out:

¾ Authorized bodies are designated (in Russia this is the Ministry of Industry and Trade);

¾ A Unified Register of Testing Laboratories and Certification Centers in the Customs Union has been created;

¾ Unified standard forms of supporting documents have been adopted;

¾ A (unified) list of goods subject to mandatory confirmation of conformity has been created;

¾ A schedule has been drawn up for the adoption of technical regulations for products, many of which have already been adopted during the work of the Customs Union.

OBJECTIVES OF APPLICATION OF TECHNICAL REGULATIONS. TECHNICAL REGULATIONS OF THE CUSTOMS UNION.

In order to form the regulatory legal framework of the Customs Union in the field of technical regulation, a unified list of products has been created for which mandatory requirements are established within the Customs Union. For products included in the unified list, in respect of which the technical regulations of the Customs Union or the technical regulations of the Eurasian Economic Community have not entered into force, the norms of the legislation of the Customs Union and the legislation of the Parties in the field of technical regulation apply. They do not allow the establishment in their legislation of mandatory requirements for products not included in the unified list. The Law “On Technical Regulation” regulates relations arising: – during the development, adoption, application and implementation of mandatory requirements for products, production processes, operation, storage, transportation, sale and disposal; – development, adoption, application and implementation on a voluntary basis of requirements for products, production processes, operation, storage, transportation, sales and disposal, performance of work or provision of services; – assessment of product compliance with mandatory requirements. The law establishes rules in the field of regulation, standardization, certification, declaration of conformity, state and other types of control on the market, in the production, storage, transportation and disposal of products. Since the Law came into force (July 1, 2003), ministries and departments do not have the right to issue mandatory acts in the field of technical regulation, but can only issue advisory documents. According to the definition given in the Law, “technical regulations are a document that is adopted by an international treaty of the Russian Federation, ratified in the manner established by the legislation of the Russian Federation, or a federal law, or a decree of the President of the Russian Federation, or a decree of the Government of the Russian Federation and establishes mandatory and fulfillment of requirements for objects of technical regulation (products, as well as buildings, structures and structures, production processes, operation, storage, transportation, sales and disposal).” Other requirements can only be introduced by amendments and additions to this regulation. In accordance with the Law “On Technical Regulation”, the regulations should include only those requirements that ensure the achievement of the following goals: – safety of life or health of citizens; – safety of property of individuals or legal entities, state or municipal property: – environmental protection; – protection of life or health of animals and plants; – prevention of actions that mislead consumers. The Russian Federation has general technical regulations and special technical regulations. Mandatory requirements for certain types of products, processes of production, operation, storage, transportation, sales and disposal are determined by a set of requirements of general technical regulations and special technical regulations. The requirements of the general technical regulations are mandatory for application and compliance with respect to any types of products, production processes, operation, storage, transportation, sales and disposal. The requirements of special technical regulations take into account technological and other features of certain types of products, processes of production, operation, storage, transportation, sales and disposal. General technical regulations are adopted on the following issues: safe operation and disposal of machinery and equipment; safe operation of buildings, structures, structures and safe use of adjacent territories; fire safety; biological safety; electromagnetic compatibility; environmental safety; nuclear and radiation safety.

The procedure for development, adoption, amendment and cancellation of TR:

The developer of technical regulations can be any person.

The beginning of the development of a draft technical regulation is notified by publishing a special notice in the printed organ of the federal executive body for technical regulation, which is currently the “Bulletin of Technical Regulation” of the Ministry of Industry and Trade of the Russian Federation.

The notification contains information about which products and which stages of their life cycle will be subject to the requirements being developed. It briefly outlines the purpose of this technical regulation, substantiates the need for its development and indicates 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 development of the draft technical regulation.

From the moment the notification is published, the technical regulations must be available to interested parties for review. For this purpose, constant publications are carried out on the progress of the development of technical regulations, making it possible to become familiar with the texts of projects at all stages. The developer is obliged, at the request of the interested party, to provide him with a copy of the draft technical regulations. The project is being finalized taking into account the written comments received from interested parties.

Then a public discussion is held, and based on its results, a draft technical regulation is drawn up, to which is attached a list of comments received in writing from interested parties with a brief summary of the content of the comments and the results of their discussion.

Submission by a subject of law of a legislative initiative on a draft federal law on technical regulations to the State Duma is carried out if the following documents are available:

¾ justification for the need to adopt a federal law on technical regulations indicating 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 technical regulations;

¾ financial and economic justification for the adoption of the federal law on technical regulations;

¾ list of comments received in writing from interested parties.

The draft federal law on technical regulations submitted to the State Duma, with the documents attached to it, is sent by the State Duma to the Government of the Russian Federation. On the presented draft federal law on technical regulations, the Government of the Russian Federation sends a review to the State Duma, prepared taking into account the conclusion of the expert commission on technical regulation.

The draft federal law on technical regulations, adopted by the State Duma in the first reading, is published in the “Bulletin of Technical Regulation”. Amendments to the draft federal law on technical regulations adopted in the first reading after the deadline for their submission are published on the public information network.

The draft federal law on technical regulations, prepared for the second reading, is sent by the State Duma to the Government for the preparation of a review by an expert commission. The conclusion of the expert commission is subject to mandatory publication in the “Bulletin of Technical Regulation” and comes into force no earlier than 6 months after official publication.

Then the draft federal law on technical regulations is considered in the second reading, and then the established procedure for adopting it as a legislative act follows.

Technical regulations are adopted in the manner established for the adoption of federal laws. In addition, the Federal Law “On Technical Regulation” also provides for a special procedure for the development and adoption of technical regulations. This occurs in exceptional situations when circumstances arise that lead to an immediate threat, and in other cases when it is necessary to immediately adopt the relevant normative legal act on technical regulations. In this case, the President of the Russian Federation has the right to issue a decree on the adoption of technical regulations without public discussion.

State control and supervision (GKiN) is carried out by the following entities:

¾ federal executive authorities;

¾ executive authorities of the constituent entities of the Russian Federation;

¾ state institutions authorized in accordance with the law to conduct state control and supervision.

¾ Bodies of the State Committee for Taxes and Inspections have the right to:

¾ require the manufacturer (seller) to present documents confirming compliance with the TR (declaration of conformity or certificate of conformity);

¾ issue orders to eliminate violations of technical regulations within a specified period of time;

¾ make decisions on a ban on the transfer of products, as well as on the complete or partial suspension of life cycle processes, if other measures cannot eliminate violations of the technical regulations;

¾ suspend or terminate the declaration of conformity or certificate of conformity;

¾ hold the manufacturer (seller) liable under the legislation of the Russian Federation.

The main form of government control and supervision is random inspection. During the verification process, tests, measurement control, technical inspection, identification, and other activities are carried out to ensure the reliability and objectivity of the results.

State supervision over compliance with mandatory requirements of state standards and certified products is carried out by a state inspector or a commission headed by him.

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

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

Documents regulating technical regulation processes

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

The main regulatory documents are:

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

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

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

Within the framework of the Customs Union, the following work was carried out:

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

How technical regulation is carried out within the customs union

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

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

It has already become a tradition to hold scientific and practical conferences on technical regulation issues in the Customs Union (CU). One of these conferences took place in Minsk at the end of June.

One of these conferences took place in Minsk at the end of June. Representatives of Ukraine, Kazakhstan, and a number of Eastern European countries took part in it. The organizer of the conference was the Belarusian State Institute of Standardization and Certification (BelGISS), whose director was appointed before the conference I.I. Osmola.

The guests of honor were members of the Board (ministers) of the Eurasian Economic Commission V.N. Koreshkov And
S.S. Sidorsky

The businesslike tone of the conference was set by the report of the Chairman of the State Committee for Standardization of the Republic of Belarus V.V. Nazarenko In order to bring the legislation of the Republic of Belarus into compliance with the regulatory framework of the Customs Union, work is being carried out to revise the laws “On technical regulation and standardization” and “On assessing compliance with the requirements of technical regulatory legal acts in the field of technical regulation and standardization.”

Currently, 31 TRTS have already been adopted, and another 21 TRTS are being developed.

The decision of the Government of the Republic of Belarus identified government bodies responsible for the development of CU TR assigned to Belarus, and participation in international negotiations on CU TR projects developed by the Russian Federation and the Republic of Kazakhstan.

In order to prevent the creation of technical barriers in mutual trade, national TRs for products for which the CU TRs have been adopted have been abolished. There are still 6 TRs of the Republic of Belarus in force.

Currently, the main efforts are concentrated on implementing the activities necessary for the implementation of the CU TR. A special place is occupied by work on creating the necessary infrastructure, in particular on the accreditation of certification bodies and testing laboratories. It is very important to involve all interested organizations in carrying out this work. including government bodies.

The Belarusian State Accreditation Center, created in the republic in 2010, carries out targeted work on cooperation with international and regional accreditation organizations, as well as with accreditation bodies of other countries (including the CU).

In order to protect consumers from dangerous and counterfeit products, establish fair competition, and increase the competitiveness of products, it is necessary to create an effective market surveillance system at the national level and in the SES.

The practice of application by industry of the first unified CU TRs has revealed problems that require prompt joint solutions by government bodies, industry and the EEC.

It is necessary to reform the interstate standardization system at the CIS level, including improving the processes of planning, financing, and information support for the development of interstate standards. It is necessary to intensify the work of interstate technical committees on standardization.

The industrial complex of Belarus will have to focus on the transition to progressive international standards and actively participate in the work of international and European technical committees for standardization.

Due to the fact that it is practically impossible and impractical to adopt legislation for each type of product that is produced or may be developed, the Belarusian side proposed the development of legislation on general product safety, the main purpose of which is to ensure that all products placed on market is safe, regardless of whether mandatory requirements are established for it or not.

In the context of the creation of the SES, it is necessary to increase the competitiveness of domestic enterprises. Solving this problem largely depends on improving the management efficiency of organizations.

The implementation of the requirements of the CU TR in the conditions of the SES requires that manufacturers have conditions that ensure the stable production of products that meet the established requirements. This is achieved through the introduction of effective management systems, the application of international standards based on effective management techniques and best practices.

The topics raised by the chairman of Belstandart were developed by his deputies in their reports and speeches V.P. Gurevich And S.A. Ivlev. The first of them highlighted the problems of implementing the adopted TR CU for mechanical engineering and electrical products, the second focused on the development of a national reference base, increasing technical and personnel potential, increasing the level of metrological services at enterprises, primarily those with a large fleet of testing and measuring equipment.

As always, his presentation was informative V.N. Koreshkov. He emphasized that the practice of implementing the CU TR showed the need to modernize production and testing facilities, improve management and marketing policies of business. Many may say that this requires significant costs. In fact, this is an investment in increasing the competitiveness of products.

To ensure a smooth transition to unified requirements, decisions on their implementation established transition periods, during which previously approved conformity assessment documents continue to be valid, and goods are supplied with previously applied markings. The total period of transition periods varies from one and a half years or more.

To implement the requirements of the CU TR, it is necessary to update the existing standards base. The CU uses interstate standards (GOST). The programs for the development of these standards for 16 TR CU contain 1186 GOSTs for mechanical engineering, packaging, toys, light industry products, gasoline, roads and other products. It is the development of unified GOSTs based on the best international and European requirements, with leading indicators, that is the target direction for interstate standardization.

The preferential transition to declaring product compliance with unified requirements directly to market participants instead of third-party certification contributes to a shift in the emphasis of responsibility for product safety and quality towards manufacturers and importers.

The issue of harmonization of national legislations in terms of establishing uniform principles of supervision over the implementation of uniform requirements and equivalent measures of liability for violations in the field of technical regulation is becoming increasingly urgent. It is necessary to develop a draft international agreement on general product safety.

Establishing uniform mandatory requirements and improving the instruments of standardization, accreditation, and ensuring the uniformity of measurements and control procedures associated with their application will create a common legal framework in the field of ensuring product safety, eliminate technical barriers to trade, simplify the work of industry and business, and expand international cooperation between participating states. TS.

First Deputy Chairman of the Committee of the Russian Union of Industrialists and Entrepreneurs for Technical Regulation, Standardization and Conformity Assessment A.N. Pilotsmanov told the conference participants about the close cooperation of the RSPP Committee with a number of ministries and departments of Russia.

A special place is occupied by interaction with the Ministry of Industry and Trade of the Russian Federation. More than 60 RSPP experts worked on the creation of the CU TR (and previously the Russian TR) in various working groups under the Ministry of Industry and Trade, as well as Rosstandart.

Today on the agenda is active and, most importantly, effective participation in legislative activities - the approval of the law “On Standardization”, TR CU, the finalization and adoption of the law “On accreditation in the national accreditation system”. A very important task is to monitor the application of already approved CU TRs and advise enterprises on their practical use. Work in the field of international standardization will continue.

Today, the need to increase the share of products requiring mandatory confirmation of conformity, based on the approaches adopted in the EU countries, as well as to strengthen the fight against manufacturers and suppliers of counterfeit and falsified products, and increase responsibility for issuing counterfeit certificates, is becoming increasingly obvious. Industry representatives need to formulate their position and develop specific proposals aimed at solving this problem.

The conference was held on the eve of the entry into force of CU TR 7 in the field of food products on July 1, 2013, so the main discussions at plenary sessions and in the thematic sections concerned the status and procedure for the development and approval of lists of standards.

Deputy Director of BelGISS A.G. Leskova believes that the process of creating lists of standards is not as simple as it might seem at first glance. At this stage, lists of standards are prepared on the basis of existing GOSTs, often outdated, and national standards - without conducting a detailed in-depth analysis of how they implement the requirements of the CU TR. When forming the lists, each country initiates the inclusion of its standards in them, and the requirement to select, based on the consent of the parties, one of the national standards that most corresponds to the goals of the CU TR is not fulfilled. A situation also arose when GOSTs included in the lists were not put into effect on the territory of the CU member states. A significant number of GOSTs adopted in recent years turned out to be unpublished, which did not allow them to be put into effect in the territory of one or more parties.

In the current situation, even the next update of the approved lists of standards does not allow us to quickly solve the accumulated problems at this stage.

A prompt solution to these problems is possible by amending the Regulations on the procedure for developing and approving lists of standards.

A.G. Leskova raised another issue: due to the lack of GOST for test methods, it is possible, before their development, to apply various departmental methods of the CU member states included in the list of standards for test methods. The development of standards for test methods to confirm compliance with the requirements of the CU TR is a priority task today. The development of such standards will entail the need for technical re-equipment of testing laboratories to switch to internationally recognized testing methods.

Due to the fact that all adopted TR CU for food products and lists of standards for them did not undergo metrological examination, they were included in the lists of outdated standards and industry methodologies that do not allow solving the tasks set in the TR CU. Of the adopted TR CU for food products, only the List of standards to the TR CU for juice products from fruits and vegetables has been updated.

An important issue about the methodological basis for fulfilling the requirements of the CU TR in the field of food safety was highlighted in the speech I.N. Primakova- head of the BelGISS department, who proved that the principles of HACCP 1 contribute to its successful solution.

Effective implementation of the HACCP principles is impossible without meeting the requirements of good production and hygienic practices, including requirements for raw materials, production facilities, equipment, food disposal processes, personnel hygiene, etc.

Experience has shown that the main problems preventing the effective functioning of HACCP systems are insufficient interest and responsibility on the part of senior management, insufficient level of competence of personnel, including the HACCP group, insufficient allocation of resources to maintain the production environment and increase the effectiveness and improvement of HACCP systems.

Acute problems of practical implementation of TR CU in the field of mechanical engineering and electrical engineering were discussed at the section of the same name. Their content is presented in the article by P.V. Filippova. Among other participants in the section, I would like to note the speech L.G. Black from the State Institution of Higher Professional Education "Belarusian-Russian University" "Technical regulation of electrical equipment intended for operation in explosive environments."

In conclusion, the conference presidium assured that all comments and suggestions would be summarized and presented in the form of recommendations.
1. Hasard Analysis and Critical Control Point - risk analysis and critical control points

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

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

From January 1, 2010, the authorized state executive bodies of the CU member states will issue licenses and permits for the export and import of goods in accordance with the Agreement on the Rules of Licensing in the Sphere of Foreign Trade in Goods dated June 9, 2009.

Establish that export and import licenses or other permits for the export or import of goods issued by authorized state executive bodies of the CU member states before January 1, 2010 are valid until their expiration date.

The agreement on the circulation of products subject to mandatory assessment (confirmation) of conformity in the customs territory of the Customs Union was adopted by Decision of the InterState Council of the EurAsEC No. 27 of December 11, 2009 for the purposes of:

Creation of a customs territory and the formation of the Customs Union;

Creating conditions to ensure free circulation of products (goods) in the customs territory of the Customs Union;

Determining the procedure for importing into the customs territory and moving between the territories of the CU member states of products subject to mandatory assessment (confirmation) of conformity.

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

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

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

Products for which the CU members have established the same mandatory requirements, the same forms and schemes for confirming conformity, and also apply the same or comparable methods of research (testing) and measuring products when confirming conformity, are allowed for circulation in the Unified Customs Territory if they have passed the established procedures for confirming compliance on the territory of any of the CU states subject to the following conditions:

Certification of OS included in the Unified Register;

Carrying out tests in IL (IC) included in the Unified Register;

Certificates of conformity and declarations of conformity are issued according to the Unified Form

When confirming product conformity, product test results (test reports) obtained in any CU state are recognized as the OS included in the Unified Register of another CU state - the country of destination, subject to the following conditions:

Application of identical or comparable methods of research (testing) and product measurements;

Conducting tests in IL (IC) included in the Unified Register.

By decision of the Customs Union Commission No. 319 of June 18, 2010 “On technical regulation in the Customs Union” the following were approved and entered into force on July 1, 2010:

Regulations on the procedure for including certification bodies and testing laboratories (centers) in the Unified Register of OS and IL (IC) CU, as well as its formation and maintenance

Regulations on the procedure for the formation and maintenance of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up according to the Unified Form

Unified forms of certificate of conformity and declaration of conformity

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

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

Unified list of products subject to mandatory assessment (confirmation) of conformity within the Customs Union

Products not included in the Unified List are subject to mandatory assessment (confirmation) of conformity in accordance with the national legislation of the CU member states. The validity period of the certificate of conformity issued in accordance with the Unified Form and the declaration of conformity for products in accordance with the Unified Form must not exceed 5 years. As one of the documents for issuing a declaration of conformity in the Unified Form for products included in the Unified List, certificates of conformity issued in the national conformity assessment (certification) systems of the CU member states by conformity assessment bodies included in the Unified Register of Compliance Bodies can be used. certification and testing laboratories (centers) of the Customs Union. Tests for issuing certificates of conformity and issuing declarations of conformity in the Unified Form are carried out by IL (IC) included in the Unified Register. The issuance of certificates of conformity and registration of declarations of conformity in the Unified Form for products included in the Unified List are carried out by certification bodies (conformity assessment (confirmation)) included in the Unified Register.

Certificates of conformity issued in accordance with the Unified Form and accepted declarations of conformity of products are documents confirming the compliance of products with the requirements of the national legislation of the CU member states. The unified list is valid for a specific type of product until the entry into force of the unified technical regulation(s) for this type of product for the CU member states. Products are excluded from the Unified List from the date of entry into force of the specified regulations in all CU member states. When sold on the territory of a CU member state, products included in the Unified List must be labeled in accordance with the national legislation of that state. For the purposes of using the Unified List, it is necessary to be guided by the names of products, as well as codes of the Commodity Nomenclature of Foreign Economic Activity of the Customs Union.

National lists of products subject to mandatory assessment (confirmation) of conformity and the Unified List of Products are used.

Provide:

Formation and maintenance of national parts of the Unified Register of OS and IL (IC) of the Customs Union;

formation and maintenance of national parts of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in accordance with the Unified Form, as well as their prompt placement on their official websites, providing access to them;

issuance of certificates of conformity forms produced according to the Unified form;

Organization of work on certification and registration of declarations of conformity for products included in the Unified List of Products.

Submission of a customs declaration for products must be accompanied by the submission to the customs authorities of one of the following documents of compliance:

Certificate of Conformity/Declaration of Conformity and other documents provided for by the legislation of the CU member state in whose territory the goods are placed under customs procedures;

Certificate of conformity of the Customs Union, issued according to the Unified Form, for goods included in the Unified List.

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

Application of mandatory certification only for products whose circulation is associated with a high risk of harm to the life and health of citizens;

Preventing simultaneous mandatory assessment (confirmation) of conformity of finished products and their components (materials, components and assemblies).

Until 01/01/2012, for products included in the Unified List of Products, at the applicant's choice, certificates/declarations of conformity are issued in accordance with the Unified Forms and/or certificates/declarations of conformity in accordance with the laws of the CU member states. For foreign manufacturers located outside the territory of the CU member states, declarations of conformity according to the Unified Form are not issued. Labeling of products included in the Unified List of Products is carried out in accordance with the legislation of the country of destination. By 09/01/2010, proposals must be prepared for the transition from 01/01/2011 to the notification (declaration) procedure for filing a declaration of conformity, including ensuring the possibility of its submission in electronic form and for the harmonization of CU legislation in the field of confirmation compliance, taking into account the practice of the European Union, regarding the transition from mandatory certification to declaration of conformity.

Decision No. 343 of August 17, 2010 “On issues of technical regulation in the Customs Union” The CCC approved the Unified Register of Certification Bodies and Testing Laboratories (Centers) of the Customs Union and approved the draft Regulations on the procedure for developing, adopting, amending and canceling technical regulations of the Customs Union. Among the most important details of this decision it is worth noting:

Technical regulations of the Customs Union are developed only in relation to products included in the Unified List, if technical regulations of the EurAsEC have not been adopted in relation to such products. If the EurAsEC technical regulation is adopted in relation to products for which the technical regulation of the Customs Union has been adopted, the validity of the technical regulation of the Customs Union or its corresponding part is terminated from the date of entry into force of the technical regulation of the EurAsEC. Technical regulations of the Customs Union are approved by the Customs Union and have direct effect throughout the customs territory of the Customs Union.

The technical regulations of the Customs Union may contain specific requirements that reflect features associated with the climatic and geographical characteristics of the CU member states or technological factors, and are valid only on the territory of such states. Mandatory confirmation of product compliance with the requirements of technical regulations of the Customs Union is carried out in the forms of declaration of conformity or certification. Procedures for assessing (confirming) conformity are established in the technical regulations of the Customs Union on the basis of standard schemes for assessing (confirming) conformity.

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

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

Violation by the manufacturer (person performing the functions of a foreign manufacturer, seller) of the requirements of technical regulations or other mandatory requirements for products established in accordance with the legislation on technical regulation, as well as the release into circulation (sale) of products that do not meet the requirements of technical regulations.

Failure to provide or evasion by the manufacturer (a person performing the functions of a foreign manufacturer, seller) from presenting products, documents or information necessary for the implementation of state control (supervision);

Submission of unreliable results of research (tests) and (or) measurements of products for the purpose of assessing or confirming compliance by an accredited testing laboratory (center);

Violation of the rules for performing certification work, as well as the issuance of a certificate of conformity or the adoption of a declaration of conformity in violation of the requirements of the legislation on technical regulation.

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

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

In this case, the products must comply with the requirements of the legislation of the CU member state on the territory of which the above products are put into circulation, and the registration of the above declarations of conformity must be carried out with a certification body accredited in accordance with the requirements of the legislation of this state.

SOLUTION

On technical regulation in the customs union

Customs Union Commission decided:

1. Approve:

Regulations on the procedure for including certification bodies and testing laboratories (centers) in the Unified Register of certification bodies and testing laboratories (centers) of the Customs Union, as well as its formation and maintenance (Appendix No. 1);

Unified forms of certificate of conformity and declaration of conformity (Appendix No. 3);

Regulations on the procedure for importing products (goods) subject to mandatory assessment (confirmation) of conformity into the customs territory of the Customs Union (Appendix No. 4);

Regulations on the Coordination Committee for Technical Regulation, Application of Sanitary, Veterinary and Phytosanitary Measures (Appendix No. 5);

A unified list of products subject to mandatory assessment (confirmation) of conformity within the customs union with the issuance of unified documents (hereinafter referred to as the Unified List of Products) (Appendix No. 6).

2. Instruct the authorized body of the Russian Federation, together with the authorized bodies of the Republic of Belarus and the Republic of Kazakhstan, to prepare for publication a Unified List of Products, including a list of regulatory documents establishing uniform mandatory requirements for the above products from among the interstate and national (state) standards of the member states of the Customs Union.

3. The Secretariat of the Customs Union Commission, authorized bodies of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan, before June 30, 2010, publish a Unified List of Products, taking into account paragraph 2 of this Decision.

4. The governments of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, from July 1, 2010, apply lists of products subject to mandatory assessment (confirmation) of conformity, in accordance with the legislation of the member states of the Customs Union (hereinafter referred to as national lists) and the Unified List of Products in accordance with Appendix No. 6 to this Decision.

5. From July 1, 2010, the authorized bodies of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation must ensure:

formation and maintenance of national parts of the Unified Register of certification bodies and testing laboratories (centers) of the Customs Union in accordance with Appendix No. 1 to this Decision;

formation and maintenance of national parts of the Unified Register of issued certificates of conformity and registered declarations of conformity, drawn up in the Unified Form, as well as their prompt posting on their official websites, providing access to them in accordance with Appendix No. 2 to this Decision;

issuance of certificates of conformity forms made according to the Unified form in accordance with Appendix No. 3 to this Decision;

organization of work on certification and registration of declarations of conformity for products included in the Unified List of Products, issuedin accordance with Appendix No. 3 to this Decision.

6. The authorized bodies of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation in the field of customs administration from July 1, 2010, when carrying out customs control of products (goods) included in the Unified List of Products and national lists, shall be guided by Appendix No. 4 to this Decision.

7. The parties, before October 1, 2010, prepare proposals for the unification of product nomenclatures of national lists from January 1, 2011, taking into account:

Application of mandatory certification only for products whose circulation is associated with a high risk of harm to the life and health of citizens;

Preventing simultaneous mandatory assessment (confirmation) of conformity of finished products and their components (materials, components and assemblies).

8. The authorized bodies of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, before October 1, 2010, prepare proposals for the inclusion of perfumery, cosmetics and food products in the Unified List of Products from January 1, 2011.

9. Establish that:

Until January 1, 2012, for products included in the Unified List of Products, at the applicant's choice, certificates of conformity are issued and declarations of conformity are issued in uniform forms and/or certificates of conformity and declarations of conformity in accordance with the laws of the member states of the Customs Union;

For products of foreign manufacturers located outside the territory of the member states of the customs union, certificates of conformity or declarations of conformity are issued in accordance with the legislation of the member state of the customs union, or certificates of conformity in the Unified Form;

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

11. The authorized body of the Russian Federation, by June 25, 2010, must submit to the authorized bodies of the Republic of Belarus and the Republic of Kazakhstan, agreed upon by the member states of the Customs Union, a layout of the certificate form issued in a single form in accordance with Appendix 3 to this Decision, for its further production in the states - members of the customs union.

12. To the parties:

12.1. together with the Secretariat of the Customs Union Commission, before August 1, 2010, develop and submit to the Commission for consideration the basic principles of harmonization of the laws of the member states of the customs union in terms of liability measures applied to legal entities and individuals for violating the requirements of the legislation of the member states of the customs union and legislation customs union in the field of technical regulation, including for unreliable (unfounded) declaration;

prepare proposals for introducing changes before January 1, 2011 in the legislation of the member states of the customs union in accordance with the specified principles approved by the Commission;

Upon the transition from January 1, 2011 to the notification (application) procedure for filing a declaration of conformity, including ensuring the possibility of its submission to the authorized bodies in the field of technical regulation of the member states of the Customs Union in electronic form;

- on harmonizing the legislation of the Customs Union in the field of conformity assessment, taking into account the practice of the European Union, in terms of the transition from mandatory certification to declaration of conformity.

13. The Parties, before June 25, 2010, submit to the Secretariat of the Customs Union Commission a list of certification bodies and testing laboratories (centers) in accordance with Appendix No. 1 to this Decision, notifying the other two Parties about the decision made.

14. Request the Parties to consider the draft Procedure for the development, adoption, amendment and repeal of the technical regulations of the Customs Union and submit it to the Secretariat of the Customs Union Commission (Appendix No. 7) by July 10, 2010.

15. Paragraph 1 of this Decision comes into force on July 1, 2010.

Members of the Customs Union Commission:

From the Republic Belarus	From the Republic Kazakhstan	From Russian Federation
A. Kobyakov	U. Shukeyev	I. Shuvalov