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The draft of the procedure for the elaboration, adoption, amendment and repeal of the technical regulations of the EAEU is being discussed publicly in Russia

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The draft of the procedure for the elaboration, adoption, amendment and repeal of the technical regulations of the EAEU is being discussed publicly in Russia

From April 29 to May 29, 2021, the changes to the procedure for the elaboration, adoption, amendment and repeal of the technical regulations of the EAEU will be publicly discussed in Russia. This document updates the old procedure originally approved by the Council of the Eurasian Economic Commission with the Decision No. 48 of June 20, 2012. In addition, the version that the Council of the Eurasian Economic Commission also adopted with Decision No. 147 of October 18, 2016, will be replaced by the new document. The Technical Regulation set minimum requirements for the safety of products during the EAC Certification , EAC Declaration or state registration .

First and foremost, the aim of the new procedure is to increase the efficiency of the drafting/revision of technical regulations. Therefore, the time is to be shortened and the procedure for the preparation and approval of technical regulations is to be optimized. For this reason, the new version of the draft stipulates the following deadlines for dealing with a proposal to amend a technical regulation:

  • up to 10 working days for the proposal to be forwarded to the governments of the EAEU member states and examined by the Eurasian Economic Commission
  • up to 5 working days for the proposal to be forwarded to the authorities of a Member State which is authorized to interact with the Eurasian Economic Commission
  • up to 10 working days for the proposal to be prepared and forwarded to the Council of the Eurasian Economic Commission for consideration. This step will only be taken if all Member States agree on the proposal

The technical regulations that have already been adopted will be regularly monitored and checked, especially when new changes have to be made. This will ensure that overlaps in the technical regulations and inconsistencies in their requirements are avoided.

The following procedures are specified and simplified in the new version of the document:

  • The proposal will no longer be forwarded for public discussion to the Advisory Committee, which is responsible for technical regulation and the application of sanitary, veterinary and phytosanitary measures
  • The proposal will no longer be forwarded for national discussion after negotiations between the authorities of the EAEU member states
  • The legal impact assessment will be carried out (if it is provided for in the requirements of the EAEU member states)
  • The procedures for changing the technical regulations are simplified in exceptional cases. The exceptional cases are the circumstances that pose a direct threat to human life/health, property, the environment, animals and plants, and the circumstances that require a prompt response. In such situations, the Council of the Eurasian Economic Commission can issue the Technical Regulation without public discussion
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About this article

Aliya Zamaleeva
Aliya Zamaleeva
Working student
TR CU EAEU
18 May 2021

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Aliya Zamaleeva
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