DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of August 1, 2025 No. 62

About the Procedure for consideration by the Eurasian economic commission of the address of state member of the Eurasian Economic Union about justification of the measures taken by state control (supervision) body of other state member concerning products which are not conforming to requirements of technical regulations of the Union

According to Item 3 of article 9 of the Agreement of o the principles and approaches of implementation of the state control (supervision) of observance of requirements of technical regulations of the Eurasian Economic Union for the purpose of harmonization of the legislation of state members of the Eurasian Economic Union in the specified sphere of February 16, 2021 and within realization of Item 4.7.3 of the Strategic directions of development of Eurasian economic integration till 2025 approved by the Decision of the Supreme Eurasian economic council of December 11, 2020 No. 12, and Item 4.7.3 of the actions plan on realization of Strategic directions of development of Eurasian economic integration till 2025 approved by the order of Council of the Eurasian economic commission of April 5, 2021 No. 4, Council of the Eurasian economic commission DECIDED:

1. Approve the enclosed Procedure for consideration by the Eurasian economic commission of the address of state member of the Eurasian Economic Union about justification of the measures taken by state control (supervision) body of other state member concerning products which are not conforming to requirements of technical regulations of the Union.

2. This Decision becomes effective from the effective date the Order of interaction of state control (supervision) bodies behind observance of requirements of technical regulations of the Eurasian Economic Union of state members of the Eurasian Economic Union, and also state control (supervision) bodies with bodies or the legal entities authorized according to the legislation of the state member on carrying out accreditation approved by Council of the Eurasian economic commission.

Members of council of the Eurasian economic commission: From the Republic of Armenia

M. Grigoryan

From the Republic of Belarus

N. Petkevich

From the Republic of Kazakhstan

S. Zhumangarin

From the Kyrgyz Republic

D. Amangeldiyev

From the Russian Federation

A. Overchuk

Approved by the Decision of Council of the Eurasian economic commission of August 1, 2025, No. 62

Procedure for consideration by the Eurasian economic commission of the address of state member of the Eurasian Economic Union about justification of the measures taken by state control (supervision) body of other state member concerning products which are not conforming to requirements of technical regulations of the Union

I. General provisions

1. This Procedure determines rules of giving by state member of the Eurasian Economic Union in the Eurasian economic commission (further respectively – state member, the Union, the Commission) addresses about justification of the measures taken by state control (supervision) body of other state member concerning products which are not conforming to requirements of technical regulations of the Union, and the rule of consideration of such address.

This Procedure does not limit the right of state members to address to judicial authorities or to use other mechanisms of the solution of questions of justification of the measures taken by state control (supervision) body of other state member concerning products which are not conforming to requirements of technical regulations of the Union.

The commission considers the address of state member only within application of other state member of provisions of the right of the Union by state control (supervision) body in the field of technical regulation.

2. For the purposes of this Procedure concepts which mean the following are used:

"concerned parties" – the public authorities of state members authorized according to the legislation of state members on interaction with the Commission, which received the notification of the Commission with information on adoption of the appeal to consideration;

"applicant" – the public authority of state member authorized according to the legislation of state member on interaction with the Commission, which made in the Commission inquiry about consideration of the address;

"measure" – the decision made by state control (supervision) body of state member by results of carrying out according to the legislation of the state member of the state control (supervision) and (or) other actions performed by state control (supervision) bodies, directed to suppression of the address in the territory of this state of products which are not conforming to requirements of technical regulations of the Union and (or) to elimination of negative effects of violation of requirements of technical regulations of the Union;

"address" – the request (in writing or in electronic form) sent by the applicant to the Commission, about justification of the measures taken taking into account the requirements established by technical regulations of the Union, state control (supervision) body of other state member concerning products which are not conforming to requirements of technical regulations of the Union, and containing the corresponding proofs;

"notification" – information (in writing or in electronic form) sent by the Commission to the applicant and concerned parties;

"the notification on motivated refusal" – information (in writing or in electronic form) about the termination of consideration of the address sent by the Commission to the applicant.

Other concepts used in this Procedure are applied in the values defined by the Agreement on the Eurasian Economic Union of May 29, 2014 and the acts of bodies of the Union concerning questions of technical regulation.

II. Rules of submission of the address

3. The basis for the direction the applicant of the appeal to the Commission is lack of consent between state control (supervision) bodies of state members following the results of the negotiations held according to the Order of interaction of state control (supervision) bodies behind observance of requirements of technical regulations of the Eurasian Economic Union of state members of the Eurasian Economic Union, and also state control (supervision) bodies with bodies or the legal entities authorized according to the legislation of state member on carrying out accreditation approved by Council of the Commission.

4. The applicant sends the appeal to the Commission no later than 30 working days from the date of completion of the negotiations specified in Item 3 presents of the Procedure in any form with submission of the following information and documents on products which are not conforming to requirements of technical regulations of the Union:

a) full name of state control (supervision) body of the state member which took the disputed measures for results of carrying out the state control (supervision) concerning products;

b) full name and designation of products, its name (in the presence), the date of production and expiration date (service life) of products and other data on products providing its identification (the trademark, number of model and (or) type, batch number or series, code of the CN FEA EEU, the description of products and its packaging (if necessary));

c) full name of the manufacturer (authorized by the manufacturer of person, the importer) products which is specified in marking of products and documents on assessment of conformity of products to requirements of technical regulations of the Union its location (the address of the legal entity) and the address (addresses) of the place of implementation of activities (if addresses differ) – for the legal entity or surname, name, middle name (in the presence), the residence and the address (addresses) of the place of implementation of activities (if addresses differ) – for the physical person registered as the individual entrepreneur and also phone numbers and e-mail addresses (in the presence);

d) full name of the seller of products, its location (the address of the legal entity) and the address (addresses) of the place of implementation of activities (if addresses differ) – for the legal entity or surname, name, middle name (in the presence), the residence and the address (addresses) of the place of implementation of activities (if addresses differ) – for the physical person registered as the individual entrepreneur and also phone numbers and e-mail addresses (in the presence of such information at the applicant);

e) copies of documents (test reports, the certificate of conformity or the declaration of conformity, etc.) and (or) data which confirm passing of assessment procedures of compliance of products to requirements of technical regulations of the Union;

e) the description and date of establishment of discrepancy of products to requirements of technical regulations of the Union, the copy of the documents confirming acceptance of state member of measures by state control (supervision) body as a result of the carried-out state control (supervision), the copy of the documents confirming such discrepancy;

g) copies of documents on results of the negotiations specified in Item 3 presents of the Procedure including on results of testing of products concerning which measures for results of the state control (supervision) are taken (in the presence);

h) other proofs and information concerning the address (in the presence).

III. Procedure for adoption by the Commission of the appeal to consideration

5. The commission takes cognizance of the address on condition of observance by the applicant of the rules of submission of the address provided by the Section II of this Procedure.

6. Submission by the applicant of the appeal to the Commission is not the basis for suspension of application of the measures taken by state control (supervision) body of other state member.

7. The appeal which arrived in the Commission is sent to the member of Board of the Commission within whose competence questions of technical regulation which within 1 working day from registration date of the appeal to the Commissions transfers him to Department of technical regulation and accreditation of the Commission (further – Department) are.

Receipt date of the appeal to the Commission date of its registration in the Commission is considered.

8. The department within accomplishment of Items 5 and 10 of this Procedure within 2 working days from receipt date of the appeal to Department prepares signed by the member of Board of the Commission within whose competence questions of technical regulation, one of the following notifications are:

a) about adoption of the appeal to consideration and about creation of working group;

b) about motivated refusal (with indication of causes of failure) – in case of establishment by the Commission of the abuses of regulations of submission of the address allowed by the applicant provided by the Section II of this Procedure.

9. In case of elimination by the applicant of the circumstances which formed the basis for motivated refusal, the address is sent for consideration in the Commission repeatedly.

The repeated direction of the appeal to the Commission is performed no later than 20 working days from the date of receipt of the notification on motivated refusal.

The specified address is considered arrived in the Commission from the date of its registration in the Commission after repeated representation.

IV. Forming of working group

10. After adoption of the appeal to consideration by Department creation of the working group consisting of representatives of the applicant, concerned parties, state control (supervision) bodies of the state members given authority in the respective area including state control (supervision) body of state member which measures are appealed, bodies or the legal entities authorized according to the legislation of state member on carrying out accreditation is initiated (further – accreditation bodies) (if the decision made on the document on assessment of conformity), and the representative of the Commission (further – working group is considered).

The notification on adoption of the appeal to consideration and on creation of working group goes to the applicant and concerned parties together with the copy of the address and documents attached to it no later than 1 working day from acceptance date of the appeal to consideration.

11. Information on candidates for inclusion in structure of the working group goes the applicant and concerned parties to the Commission within 15 working days from the date of receipt of the notification specified in Item 10 of this Procedure.

1 representative of the body authorized on interaction with the Commission, no more than 3 representatives of the state control (supervision) bodies given authority in the respective area and also 1 representative of accreditation body is part of working group from each state member (if the decision made on the document on assessment of conformity is considered).

12. The structure of the working group affirms the member of Board of the Commission within whose competence questions of technical regulation, no later than 3 working days from expiry date of submission of information on candidates for the inclusion in structure of the working group specified in Item 11 of this Procedure are.

13. The organization of activities of working group is performed by Department.

Results of meetings of working group are drawn up by protocols.

14. Coordinator of working group is the head or the deputy manager of Department (the representative of the Commission).

15. Coordinator of working group:

a) performs general coordination of activities of working group;

b) determines date, time and the venue of meetings of working group;

c) conducts meetings of working group;

d) corresponds with the applicant and concerned parties within the considered address;

e) signs protocols of meetings of working group.

16. The coordinator of working group has no right to vote when summing up consideration by the working group of the address.

V. Consideration of the address

17. Meetings of working group can be held in internal format and (or) in the video conference mode.

18. The working group within 10 working days from approval date of its structure starts consideration of the address and provided according to this Procedure for information and documents, including:

a) considers information and documents concerning the measures taken by state control (supervision) body of state member by results of the state control (supervision);

b) if necessary requests additional information and documents from public authorities and the expert organizations of state members, initiates attraction to consideration of the address of representatives of the Commission, and also holds meetings and consultations with representatives of the specified bodies and the organizations, in particular with representatives of state control (supervision) bodies and (or) accreditation bodies.

19. Requested according to the subitem "b" of Item 18 of this Procedure information and documents shall be submitted to the Commission within 10 working days from the date of receipt of request.

Non-presentation of required information shall not interfere at the scheduled time with holding the further procedures provided by this Procedure.

The working group considers submitted information and documents within 10 working days from the date of their obtaining.

20. By results of the complex assessment of information and documents specified in item 4 and the subitem "b" of Item 18 of this Procedure, the coordinator of working group draws up results of consideration of the address in the form of the report containing conclusions about justification of the measures taken by state control (supervision) body of state member by results of the state control (supervision) of execution of requirements of technical regulations of the Union (further – the report).

The report is considered at meeting of working group and is accepted by the majority (at least 4) voices of the workgroup members participating in meeting, at the same time workgroup members from state member have in total 1 voice.

VI. Registration of results of consideration of the address

21. Based on the report the coordinator of working group within 5 working days from acceptance date of the report prepares the draft of the recommendation of Board of the Commission of justification of the measures taken taking into account the requirements established by technical regulations of the Union, state control (supervision) body of state member concerning products which are not conforming to requirements of technical regulations of the Union or about groundlessness of the specified measures.

By results of consideration of the address and based on the report Board of the Commission it can be recommended to state member which state control (supervision) body made the decision on application of adequate measure, to review results of actions for the state control (supervision) taking into account the requirements established by technical regulations of the Union.

22. The report and the draft of the recommendation specified in Item of 21 these Procedures are represented by the member of Board of the Commission within whose competence questions of technical regulation, for consideration of the Commission by Board are.

The specified recommendation of Board of the Commission can be applied by state control (supervision) bodies of state members to ensuring uniform approach to taking measures to results of the state control (supervision) to products which are not conforming to requirements of technical regulations of the Union.

VII. Bases for the termination of consideration of the address

23. The working group stops consideration of the address on the following bases:

receipt from the applicant of request about the termination of consideration of the address;

impossibility to reach consent by the majority (4) suffice voices concerning unambiguous conclusion about sufficiency (insufficiency) of the bases (proofs) for forming of conclusions about justification of the measures taken concerning products by state control (supervision) body of state member by results of the state control (supervision).

The coordinator of working group within 3 working days from the date of the termination of consideration of the address goes to the applicant and concerned parties signed by the member of Board of the Commission within whose competence questions of technical regulation, the termination letter of consideration of the address with indication of reasons are.

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