On March 1, 2022, Resolution of the Board of the Eurasian Economic Commission No. 26 of February 22, 2022 on changing the procedure for developing, adopting, amending and canceling the Technical Regulations of the Eurasian Economic Union (TR EAEU) was published and came into force immediately. The new document will replace the decision of the Council of the Eurasian Economic Commission No. 48 of June 20, 2012. The Technical Regulation set minimum requirements for the safety of products during the EAC Certification, EAC Declaration or state registration.
According to the changes, new steps are added in the development and modification of draft technical regulations. Now the procedure is carried out in 7 steps instead of 5. They are as follows:
- The Eurasian Economic Commission prepares and approves the plan for the development of technical regulations and their amendments
- The draft of the TR EAEU/amendments to the TR EAEU is created
- The public discussion about the project is carried out
- The draft is worked out on the basis of the results of the public discussion
- The project is coordinated nationally
- Expert assessment of the legal issues regarding the project and legal processing of the project are carried out
- The Eurasian Economic Commission approves the project
The set of documents for the draft technical regulation is supplemented by a draft list of products that are subject to mandatory EAC conformity assessment. As a rule, such a list is created as required for each technical regulation, but it is only now included in the procedure for creating technical regulations.
The duration of the procedure for the development, acceptance, amendment and cancellation of the TRs EAEU remains unchanged. However, some clarifications were made on the timing of the procedures. For example, it is determined that the drafting of the project should not take longer than 25 working days.
The amendments stipulated that the decision on the adopted Technical Regulations on their entry into force and on transitional provisions will be made no later than 3 months before the date of entry into force of the Eurasian Economic Union.
In addition, the decision to accept the TR EAEU must necessarily include the following deadlines:
- the period of validity of previously accepted certificates of conformity of products and the periods after which the issuance or use of such certificates is not permitted
- deadlines for approval of production and release for circulation in the territories of the EAEU member states of products under the "old" certificates of conformity or without them