AGREEMENT on the implementation of a coordinated policy in the field of technical regulation, sanitary and phytosanitary measures (as amended on May 19, 2011)
Source: http://docs.cntd.ru/document/902207253
This Agreement has been suspended since January 1, 2015 on the basis of the International Treaty of October 10, 2014
Document with changes made: International Protocol of May 19, 2011 (Bulletin of International Treaties, No. 8, 2012) (entered into force on December 26, 2011).
The governments of the member states of the Eurasian Economic Community (hereinafter - EurAsEC), hereinafter referred to as the Parties,
Based on uniform principles to ensure the free movement of goods,
In order to deepen the integration processes in the Eurasian Economic Community and create a customs union,
Recognizing the expediency of pursuing an agreed policy in the field of technical regulation, sanitary, veterinary and sanitary and phytosanitary measures (hereinafter referred to as sanitary and phytosanitary measures),
Bearing in mind the rules and principles established by the Agreement on Technical Barriers to Trade and the Agreement on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization, adopted at the Uruguay Round of multilateral trade negotiations on April 15, 1994,
Recognizing that no Party is hindered from taking measures necessary to ensure the quality of its exports, protect human life and health, property, protect the environment, life and health of animals and plants, and prevent actions that mislead consumers,
Striving to eliminate unreasonable restrictions in mutual trade,
Have agreed as follows:
Article 1
The terms used in this Agreement mean the following:
"accreditation" - the official recognition by the accreditation body of the competence of the body (laboratory) for the assessment (confirmation) of compliance with the requirements for the performance of work in a certain area of the assessment (confirmation) of compliance;
"safety" - the absence of unacceptable risk associated with the possibility of harm and (or) damage;
"state control (supervision)" - verification by an authorized state body of compliance with the requirements of technical regulations, compliance with sanitary and phytosanitary measures by an individual or legal entity engaged in entrepreneurial activity and taking measures based on the results of the audit;
"declaration of conformity to the technical regulations of the EurAsEC" - a document by which the manufacturer (the person authorized by the manufacturer, the seller) certifies the conformity of the products put into circulation with the requirements of the technical regulations of the EurAsEC;
"declaration of conformity" is a form of confirmation by a manufacturer (a person authorized by the manufacturer, a seller) of the conformity of the products put into circulation with the requirements of the technical regulations of the EurAsEC;
"single customs territory" - a territory consisting of the customs territories of the states - members of the customs union;
"unified mark of product circulation on the market of the EurAsEC member states" - a designation used to inform purchasers (consumers) of the compliance of products put into circulation with the requirements of the EurAsEC technical regulations;
"international standard" - a standard adopted by an international organization;
"authorized national bodies of the states of the Parties" - the bodies of state administration of the states of the Parties carrying out and (or) coordinating work on technical regulation, sanitary and phytosanitary measures;
"national (state) standard" - a standard adopted by the national standardization body of the State of the Party;
"accreditation body" - a body or legal entity authorized in accordance with the legislation of the State of the Party to conduct accreditation;
"certification body (assessment (confirmation) of conformity)" - a body accredited and (or) appointed in accordance with the legislation of the State of the Party to carry out confirmation of conformity;
"conformity assessment" is a direct or indirect determination of compliance with the requirements for an object of technical regulation;
"confirmation of conformity" - documentary evidence of the conformity of products or other objects, processes of production, operation (use), storage, transportation (transportation), sale and disposal of products, performance of work or provision of services to the requirements of technical regulations, standards and other documents containing product characteristics and related processes, which may be voluntary or mandatory;
"product" - the result of activity, presented in material form and intended for further use for economic and other purposes;
"regional standard" - a standard adopted by a regional organization for standardization, including the Interstate Council for Standardization, Metrology and Certification of the Commonwealth of Independent States or the Interstate Scientific and Technical Commission for Standardization and Technical Regulation in the Construction of the Commonwealth of Independent States;
"risk" - a combination of the probability of causing harm and the consequences of this harm for human life or health, property, environment, life or health of animals and plants;
"sanitary and phytosanitary measures" - mandatory sanitary, veterinary-sanitary and phytosanitary requirements and procedures applied for the purposes of:
protecting human and animal life and health from risks arising from the addition of pollutants, toxins or pathogens in food, beverages, feed and other products;
protection of life and health of animals and plants from risks arising from the penetration, establishment (consolidation) or spread of plant pests, pathogens of plants and animals, plants (weeds), disease carriers or pathogens that are of quarantine importance for the states of the Parties;
protecting human life and health from the risks arising from diseases carried by animals, plants or products from them;
prevention or limitation of other damage caused by the penetration, rooting (consolidation) or spread of plant pests, pathogens of plants and animals, plants (weeds), pathogens, which are of quarantine importance for the states of the Parties, including in the case of their transfer or spread by animals and ( or) plants, with products, goods, materials, vehicles;
"certificate of conformity to technical regulations of the EurAsEC" - a document by which the certification (assessment (confirmation) of conformity) body certifies the conformity of products or other objects to the requirements of technical regulations of the EurAsEC;
"certification" is a form of mandatory confirmation of conformity by a certification body (assessment (confirmation) of conformity) of products or other objects to the requirements of technical regulations of the EurAsEC;
"standard" - a document in which, for the purpose of voluntary repeated use, the characteristics of products, rules for implementation and characteristics of processes of production, operation (use), storage, transportation (transportation), sale and disposal, performance of work or provision of services are established. The standard may also contain rules and methods of research (testing) and measurements, rules for sampling, requirements for terminology, symbols, packaging, marking and labels, rules for their application. The standard is adopted with the general agreement of the participants in the development of the standard on fundamental issues. The standard and information about it should be available to interested parties;
"technical regulations of the EurAsEC" - a document adopted by an international agreement between the states of the Parties within the framework of the EurAsEC and establishing mandatory requirements for the application and execution of the objects of technical regulation (products or processes related to the requirements for products of production, installation, adjustment, operation (use), storage, transportation (transportation), sale and disposal).
EurAsEC technical regulations may contain rules and forms of conformity assessment (confirmation), identification rules, requirements for terminology, packaging, marking, labels and rules for their application;
"technical regulation" - legal regulation of relations in the development and application of technical regulations, standards, in the field of conformity assessment (confirmation), state control (supervision), carried out in accordance with international treaties and legislation of the states of the Parties;
"manufacturer's authorized person" - a legal or natural person registered in accordance with the established procedure by the state of the Party, which is determined by the manufacturer on the basis of an agreement with him to act on his behalf when confirming compliance and placing products in the customs territories of the states of the Parties, as well as to impose responsibility for non-compliance of products with the requirements of technical regulations of the EurAsEC.
Article 2
1. The Parties pursue an agreed policy in the field of technical regulation, sanitary and phytosanitary measures through:
a) taking measures necessary to harmonize the legislation of the states of the Parties;
b) development and adoption of technical regulations of the EurAsEC, establishing mandatory requirements for the application and implementation of the objects of technical regulation;
c) ensuring the unity of mandatory requirements for the object of technical regulation on the territory of their state;
d) adoption of uniform rules for carrying out work on technical regulation, development of sanitary and phytosanitary measures to ensure the required level of sanitary, veterinary and phytosanitary safety of the territory of the states of the Parties;
e) harmonization of standards;
f) application of uniform forms and rules of conformity assessment;
g) harmonization of conformity assessment procedures;
h) development and application of comparable test methods (control and measurement) when assessing (confirming) the conformity of products or processes related to the requirements for products of production, installation, commissioning, operation (use), storage, transportation (transportation), sale and disposal;
i) accreditation and (or) appointment of certification bodies (confirmation of conformity) and accreditation of testing laboratories (centers) participating in the process of mandatory confirmation of conformity.
2. To implement the provisions stipulated by this Agreement, the Parties give appropriate powers to the state administration bodies of the States of the Parties, carrying out and (or) coordinating work on technical regulation, sanitary and phytosanitary measures.
3. The national authorities of the states of the Parties vested with powers shall take measures to protect the territory of the state of each Party from epidemics and epizootics, as well as to prevent:
the spread of diseases in humans and animals;
spread of pests of plants, pathogens of plants and animals, plants (weeds) of quarantine significance for the states of the Parties from the territory of one of the states of the Parties to the territory of any of the states of the Parties.
4. Peculiarities of technical regulation in relation to defense products (works, services) supplied under the state defense order, products (works, services) used to protect information constituting a state secret or related to other limited information protected in accordance with the legislation of the Parties. access, products (works, services), information about which constitutes a state secret, products (works, services) and objects for which requirements are established related to ensuring nuclear and radiation safety in the field of atomic energy use, design processes (including surveys), production, construction, installation, adjustment, operation, storage, transportation, sale, disposal,burial of the specified products and specified objects are established by the legislation of the states of the Parties.
(The item is additionally included from December 26, 2011 by the International Protocol of May 19, 2011 )
Article 3
The coordination of activities in the field of technical regulation, sanitary and phytosanitary measures is carried out by the Commission on Technical Regulation, Sanitary, Veterinary and Phytosanitary Measures in Trade under the EurAsEC Integration Committee in accordance with international treaties of the states of the Parties.
The authorized national bodies of the states of the Parties or, on their behalf, the authorized bodies of the states of the Parties conduct consultations aimed at harmonizing the positions of their states in the field of accreditation, on the harmonization of national (state) standards in relation to products subject to mandatory assessment (confirmation) of conformity, and assessment procedures compliance.
The authorized national bodies of the states of the Parties conduct consultations on technical regulation and development of technical regulations with other interstate associations in order to harmonize mandatory requirements for products.
Article 4.
1. The parties acknowledge:
a) national (state) standards, identical to international and regional standards, corresponding to international standards, prescriptions and recommendations for sanitary and phytosanitary measures, except for cases when such documents do not correspond to the objectives of technical regulation, including due to the action of climatic, geographic factors or technological problems;
b) national (state) measurement standards of units of physical quantities that meet the conditions of the International Metric Convention of May 20, 1875 and have passed an intercomparison;
c) documents on confirmation of conformity issued by certification bodies (assessment (confirmation) of conformity) and testing laboratories (centers) of the states of the Parties, subject to the provisions of paragraph 2 of this article;
d) the rules, procedures and results of the assessment (confirmation) of conformity in force on the territory of the states of the Parties, subject to the fulfillment of the provisions established by paragraph 2 of this article;
e) results of state control (supervision) over compliance with the requirements of technical regulations of the EurAsEC.
2. The parties on the basis of separate agreements recognize:
accreditation certificates issued by accreditation bodies;
the rules and procedures for accreditation established on the territory of the states of the Parties that meet the requirements of international standards.
Article 5.
1. Technical regulations of the EurAsEC are adopted in order to protect human life and health, property, environmental protection, life and health of animals and plants, to prevent actions that mislead consumers.
Adoption of technical regulations of the EurAsEC for other purposes is not allowed.
Technical regulations of the EurAsEC are mandatory for the states of the Parties and are subject to introduction on the territory of the states of the Parties in the manner prescribed by their legislation.
2. As a basis for the development of technical regulations of the EurAsEC, the relevant international standards, requirements and other documents (rules, directives and recommendations adopted by international standardization organizations and other documents) are applied, and in their absence, regional documents (regulations, directives, decisions, standards, rules and other documents), national (state) standards, national technical regulations or their drafts in the final version, except for cases when such documents do not meet the goals of technical regulation, including due to the action of climatic, geographical factors or technological problems.
3. An international treaty on the adoption of technical regulations of the EurAsEC is subject to ratification in the manner prescribed by the legislation of the state of each Party.
4. The procedure for the development and adoption of technical regulations of the EurAsEC is determined by a separate agreement of the Parties.
Article 6.
1. Products subject to the technical regulations (technical regulations) of the EurAsEC are released into circulation on the territory of the state of any of the Parties, provided that they have passed the procedures for assessing (confirming) conformity on the territory of the state of either Party established by the technical regulations (technical regulations) of the EurAsEC ...
Conformity assessment established in the technical regulations of the EurAsEC is carried out in the form of registration, testing, confirmation of conformity (declaration of conformity, certification), examination, as well as state control (supervision) and in another form.
Mandatory assessment (confirmation) of compliance is carried out only in cases established by the relevant technical regulations of the EurAsEC, and only for compliance with their requirements.
The rules for assessing (confirming) compliance at the stage of product circulation in the form established in the technical regulations of the EurAsEC may be regulated by the legislation of the State of the Party, if this is provided for by the technical regulations of the EurAsEC.
Uniform forms of documents on the assessment (confirmation) of conformity are established by a separate agreement of the Parties.
Mandatory confirmation of the conformity of the products put into circulation with the requirements of the technical regulations of the EurAsEC is carried out prior to its release into circulation.
The Parties ensure that products that comply with the EurAsEC technical regulations are circulated on the territory of their state without presenting additional product requirements to those contained in the EurAsEC technical regulations and without carrying out additional conformity assessment (confirmation) procedures, except for the cases established by this Agreement.
At the same time, the rights of each of the states of the Parties to conduct state control (supervision) are not limited, including in terms of the application (compliance) of sanitary and phytosanitary measures.
State control (supervision) is carried out in the manner prescribed by the legislation of the State of the Party.
2. In order to assess (confirm) the conformity of products to the requirements of technical regulations of the EurAsEC, by mutual agreement of the Parties, international and regional standards may be applied on a voluntary basis, and in their absence - national (state) standards of the states of the Parties. For this purpose, the Parties draw up an appropriate list of standards.
3. With regard to the products put into circulation that meet the requirements of the technical regulations of the EurAsEC, the Parties shall ensure the use of a single mark of product circulation on the market of the EurAsEC member states.
The procedure for the development and application of a unified product circulation mark on the market of the EurAsEC member states is established by a separate agreement of the Parties.
Article 7
1. Documents on the assessment (confirmation) of conformity of products, in respect of which the technical regulations of the EurAsEC, issued by the certification body of one of the states of the Parties, are equally valid on the territory of the states of the Parties without additional procedures for assessment (confirmation) of conformity.
2. Prior to the enactment of technical regulations of the EurAsEC, products for which the Parties have established the same mandatory requirements, as well as the same forms and schemes of mandatory assessment (confirmation) of conformity (declaration of conformity and (or) certification), are allowed to be circulated on a single customs territory, if it has passed the established procedures for assessing (confirming) compliance on the territory of any of the states of the Parties.
3. In the states of the Parties, documents on confirmation of conformity are drawn up in Russian and, if necessary, in the state language of the state of the Party.
Article 8
1. The Parties harmonize national (state) standards and ensure compliance with the following principles:
a) voluntary application of standards;
b) openness and transparency of standards development processes;
c) availability of national (state) standards, information on the procedure for their development, adoption (approval) and publication;
d) application of international standards as a basis for the development of draft national (state) standards, except for cases when such documents do not correspond to the goals of technical regulation, including due to the action of climatic, geographical factors or technological problems;
e) inadmissibility of adopting (approving) standards that contradict the technical regulations of the EurAsEC.
2. The Parties give priority (preference) to the adoption of national (state) standards harmonized (primarily identical) with international and regional standards.
Article 9.
1. If a product is found that does not meet mandatory requirements and (or) is subject to mandatory assessment (confirmation) of conformity, and (or) arrives or is in circulation without documents on mandatory confirmation of conformity and (or) without labeling provided for by mandatory requirements, vested with powers national authorities of the states of the Parties shall take measures to prevent these products from being put into circulation, as well as to immediately withdraw them from circulation.
At the request of the authorized national authorities of the States of the Parties, the corresponding authorized national authorities of other States of the Parties shall provide documents for the assessment (confirmation) of conformity.
Confidential information is provided in accordance with the procedure established by the agreement, the parties to which are the states of the Parties.
2. Documents for the assessment (confirmation) of conformity received outside the common customs territory, including the results of tests and products from third countries imported for circulation in the common customs territory, are recognized if all the states of the Parties have joined the relevant international treaties.
Article 10.
The Parties shall ensure that sanitary and phytosanitary measures are applied only to the extent necessary to protect human life and health, property, environmental protection, life and health of animals and plants, based on principles that have sufficient scientific justification, as well as international, regional standards, prescriptions and (or) recommendations, except for cases when such documents do not meet the objectives of technical regulation, including due to climatic, geographic factors or technological problems.
In the event that the urgent application of sanitary and phytosanitary measures is necessary, and the appropriate scientific justification is insufficient or cannot be provided in the required time frame, sanitary and (or) phytosanitary measures in relation to certain types of products can be applied by the authorized national authorities of the states of the Parties on the basis of the available information, including information received from relevant international organizations, foreign states, information on relevant measures applied by other states or other information.
Sanitary and phytosanitary measures may include verification of compliance with requirements for products, methods of processing and production, testing procedures, inspection, assessment (confirmation) of compliance, quarantine rules, including requirements related to the transportation of animals and plants, materials necessary to ensure life and animal and plant health during transport, as well as sampling methods and procedures, research methods and risk assessment.
The Parties shall, as soon as possible, notify each other of the application and introduction of sanitary and phytosanitary measures and their changes.
Article 11.
The Parties develop and apply sanitary and phytosanitary measures based on scientific data, as well as taking into account the relevant international standards, recommendations and other documents of international organizations in order to comply with the required level of sanitary, veterinary and sanitary and phytosanitary protection, which is determined taking into account the degree of actual scientifically substantiated risk ...
These measures should provide the states of the Parties with no less security level than the level provided for by the legislation of the state of either Party.
When assessing the degree of risk, the Parties shall take into account the following factors:
a) provisions of international standards, recommendations and (or) prescriptions of international organizations;
b) data on the prevalence of diseases in humans and animals;
c) data on the prevalence of pests of plants, causative agents of diseases of plants and animals, plants (weeds), organisms - carriers of diseases or pathogens, which are of quarantine importance for the state of either Party;
d) environmental conditions;
e) economic consequences associated with possible harm;
f) the cost of preventing harm and the measures taken by suppliers to combat plant pests, pathogens of plants and animals, plants (weeds), disease-carrying organisms or disease-causing organisms.
The issues of mutual recognition in the field of sanitary and phytosanitary measures of the EurAsEC member states are established by separate agreements of the Parties.
Article 12.
1. The authorized national authorities of the states of the Parties:
a) inform each other about certification bodies (conformity assessment (confirmation)) and testing laboratories (centers), accreditation bodies of their states;
b) exchange information on standardization, including the developed and current national (state) standards, and coordinate their activities in this area;
c) provide each other with information about products that do not comply with the technical regulations of the EurAsEC, established during the assessment (confirmation) of compliance, as well as during state control (supervision).
2. To exchange information, an EurAsEC information system is being created in the field of technical regulation, sanitary and phytosanitary measures (hereinafter - the EurAsEC information system).
The procedure for the creation and operation of the EurAsEC information system is determined by a separate agreement of the Parties.
3. The Parties create (designate) national information centers in their states in the field of technical regulation, sanitary and phytosanitary measures, take measures to ensure their functioning and submit data to the EurAsEC information system.
4. The national authorities of the states of the Parties vested with powers in cases of establishing, during the assessment (confirmation) of conformity or during state control (supervision), the non-conformity of products supplied, including from third countries, with the requirements of technical regulations of the EurAsEC or the mandatory requirements of their Party for products, in relation to which the technical regulations of the EurAsEC have not been adopted, and the classification of products put into circulation as products posing a danger to human life and (or) health, property, environmental protection, life and (or) health of animals and plants, as soon as possible (or at the same time with the establishment of such a discrepancy or the identification of hazardous products) send the relevant information to the EurAsEC information system,notify the authorized national authorities of the states of the Parties about this and take measures to prevent such products from entering the territory of the states of the Parties.
Article 13.
The national bodies of the states of the Parties vested with powers exercise state control (supervision) over compliance with the requirements of the technical regulations of the EurAsEC, sanitary and phytosanitary measures in accordance with the legislation of their state, unless otherwise provided by international treaties in this area.
Article 14
Disputes related to the application or interpretation of the provisions of this Agreement are resolved through consultations and negotiations between the Parties, and in case of failure to reach an agreement, they are referred to the Court of the Eurasian Economic Community for consideration.
Article 15.
By agreement of the Parties, this Agreement may be amended, which are formalized in separate protocols.
Article 16
This Agreement shall enter into force from the date of receipt by the depositary of the third written notification of the implementation by the Parties of the domestic procedures necessary for its entry into force.
Done in Moscow on January 25, 2008 in one original copy in Russian.
The original copy of this Agreement is kept by the Integration Committee of the Eurasian Economic Community, which, being the depositary of this Agreement, will send each Party its certified copy.
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The agreement entered into force for the Russian Federation on June 4, 2009.
