of June 20, 2012 No. 48
About the Procedure for development, acceptance, change and cancellation of technical regulations of the Eurasian Economic Union
According to article 52 of the Agreement on the Eurasian Economic Union of May 29, 2014 Council of the Eurasian economic commission DECIDED:
1. Approve the enclosed Procedure for development, acceptance, change and cancellation of technical regulations of the Eurasian Economic Union.
2. Recognize to invalid:
- the paragraph 3 Items 1 of the Decision of the Commission of the Customs union of November 18, 2010 No. 453 "About draft documents in the field of technical regulation of the Customs union";
- Item 2 of the Decision of the Commission of the Customs union of January 28, 2011 No. 527 "About regulations of the Commission of the Customs union in the field of technical regulation";
- The decision of the Commission of the Customs union of April 7, 2011 No. 606 "About modification of the Regulations on procedure for development, acceptance, modification and cancellation of technical regulations of the Customs union";
- The decision of the Commission of the Customs union of August 16, 2011 No. 752 "About the project of change in Regulations on procedure for development, acceptance, modification and cancellation of technical regulations of the Customs union".
3. To bring boards of the Eurasian economic commission into accord with Item 1 of this Decision Regulations on procedure for forming of lists of the international and regional (interstate) standards, and in case of their absence – the national (state) standards providing the observance of requirements of the technical regulation of the Customs union and necessary for implementation of assessment (confirmation) of compliance approved by the Decision of the Commission of the Customs union of April 7, 2011 No. 629, taking into account the change approved by the Decision of Board of the Eurasian economic commission of May 31, 2012 No. 57.
4. This Decision becomes effective after 30 days from the date of its official publication.
Members of 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 |
Approved by the Decision of Council of the Eurasian economic commission of June 20, 2012 , No. 48
1. This Procedure is developed according to the Agreement on the Eurasian Economic Union of May 29, 2014 (further - the Agreement) and establishes procedure for development and adoption of technical regulations of the Eurasian Economic Union (further respectively - technical regulations, the Union), and also procedure for modification of technical regulations and their cancellations.
2. Project development of technical regulations and projects of changes in technical regulations includes the following stages (procedures):
a) preparation and approval by the Eurasian economic commission (further - the Commission) the plan of development of technical regulations and introduction of changes in them (further - the plan), changes in the plan;
b) preparation of the draft of the technical regulation, project of the changes made to the technical regulation (further - the project of changes in the technical regulation);
c) carrying out public discussion of the draft of the technical regulation (the project of changes in the technical regulation);
d) completion of the draft of the technical regulation (the project of changes in the technical regulation) following the results of public discussion, including metrological examination and assessment of the regulating impact;
e) carrying out interstate approval of the draft of the technical regulation (the project of changes in the technical regulation);
e) conducting legal examination and legal editing the draft of the technical regulation (the project of changes in the technical regulation);
g) adoption of the technical regulation by the Commission (changes in the technical regulation).
3. The commission approves the plan for the purpose of ensuring coordination of works on project development of technical regulations and projects of changes in technical regulations.
The plan is created in coordination with state members of the Union (further - state members) based on offers of the state members provided to the Commission by the public authorities of state members authorized on interaction with the Commission and (or) the Commissions.
4. Offers of state members on inclusion of action for project development of the technical regulation (the project of changes in the technical regulation) in the plan shall contain the explanatory note in which are specified:
a) the basis or scientific reasons (in the presence) project developments of the technical regulation (the project of changes in the technical regulation);
b) the purposes of project development of the technical regulation (the project of changes in the technical regulation);
c) scope of the technical regulation offered to project development (the project of changes in the technical regulation) with determination of objects of technical regulation and the sphere of its action (products to which action of the technical regulation does not extend whether action of the technical regulation extends to packaging, marking and rules of its drawing and other);
d) the offer on developer and terms of project development of the technical regulation (the project of changes in the technical regulation);
e) number of line item (number of line items) in the single list of products concerning which mandatory requirements within the Union, approved by the Commission are established (further - the single list of products).
5. In the plan the following data are specified:
a) the name of the draft of the technical regulation (the project of changes in the technical regulation);
b) responsible developers of the draft of the technical regulation (the project of changes in the technical regulation);
c) the planned date of termination of interstate approval of the draft of the technical regulation (the project of changes in the technical regulation);
d) number of line item (number of line items) in the single list of products.
6. Responsible developers of the draft of the technical regulation (the project of changes in the technical regulation) are state members.
All state members and the Commission take part in project development of the technical regulation (the project of changes in the technical regulation).
State members in time, not exceeding 30 calendar days from the effective date the decision of Council of the Commission on approval of the plan or changes in the plan, determine the public authorities responsible for project development of the technical regulations (projects of changes in technical regulations) (further - developers) provided by the plan and the bodies participating in their development (further - sorazrabotchik), and provide the specified information in the Commission.
Financing of project development of the technical regulation (the project of changes in the technical regulation) is performed by state member according to the legislation of the state member specified in the plan as responsible developer.
The commission can be responsible developer of the project of changes in the technical regulation in the cases specified in Items 53 and 56 of this Procedure.
7. Coordination of works on project development of technical regulations and projects of changes in technical regulations is performed by the Commission according to the procedures established in Sections II and III of this Procedure.
State members take all necessary measures for adherence to deadlines, established by the plan and this Procedure.
8. The commission performs monitoring of accomplishment of the plan on the basis of information on performing procedures, the provided Sections II and III of this Procedure, and also quarterly information on the course of the project development of technical regulations and projects of changes in technical regulations directed to the Commission by developers and sorazrabotchik to the 20th day of the first month of the quarter following reporting.
The commission provides placement of information on monitoring of accomplishment of the plan on the official site of the Union on the Internet (further - the official site of the Union) and its updating to the 25th day of the first month of the quarter following for reporting.
The board of the Commission no later than 180 days of the year following reporting submits in time Council of the Commission the annual report on monitoring of accomplishment of the plan prepared together with state members.
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