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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of April 18, 2018 No. 44

About standard schemes of assessment of conformity

(as amended of Council of the Eurasian economic commission of 23.12.2020 No. 127)

According to Item 5 of the Protocol on technical regulation within the Eurasian Economic Union (appendix No. 9 to the Agreement on the Eurasian Economic Union of May 29, 2014) and Item 42 of appendix No. 1 to the Regulations of work of the Eurasian economic commission approved by the Decision of the Supreme Eurasian economic council of December 23, 2014 No. 98, Council of the Eurasian economic commission solved:

1. Approve enclosed:

standard schemes of assessment of conformity;

the temporary measures applied in case of certification serially of products in the conditions of the adverse epidemiological situation connected with spread of new koronavirusny infection (COVID-19) (further - temporary measures).

2. Determine that:

a) drafts of technical regulations of the Eurasian Economic Union according to which before date of the introduction of this Decision in force procedures of interstate approval in state members of the Eurasian Economic Union according to the Procedure for development, acceptances, changes and cancellations of technical regulations of the Eurasian Economic Union approved by the Decision of Council of the Eurasian economic commission of June 20, 2012 No. 48, were not begun are developed on the basis of the standard schemes of assessment of conformity approved by this Decision;

b) The regulations on procedure for application of standard schemes of assessment (confirmation) for compliance to requirements of technical regulations of the Customs union approved by the Decision of the Commission of the Customs union of April 7, 2011 No. 621, are applied when evaluating compliance of objects of technical regulation to requirements of the technical regulations of the Eurasian Economic Union (Customs union) accepted before date of the introduction of this Decision in force in the part which is not contradicting the provisions established in the specified technical regulations of the Eurasian Economic Union (Customs union) before introduction of changes in them concerning establishment of forms, schemes and assessment procedures of compliance on the basis of the standard schemes of assessment of conformity approved by this Decision.

3. Boards of the Eurasian economic commission:

a) in 3-month time from the date of the introduction of this Decision in force to prepare the draft decision of Council of the Eurasian economic commission about modification of the plan of development of technical regulations of the Eurasian Economic Union and modification of technical regulations of the Customs union approved by the Decision of Council of the Eurasian economic commission of October 1, 2014 No. 79, regarding amendment by its Items providing entering into technical regulations of the Eurasian Economic Union (Customs union) of the changes concerning establishment of forms, schemes and assessment procedures of compliance (including methods of fixing of process and results of researches (testing) and measurements) on the basis of the standard schemes of assessment of conformity approved by this Decision;

b) till June 1, 2019 to bring in the Decision of Board of the Eurasian economic commission of June 30, 2017 No. 80 of change in part of establishment of effective period of the certificate on state registration of products and reduction of the Rules of execution of the certificate on state registration of products approved by the specified Decision in the part concerning execution of the certificate on state registration of products confirming products compliance to requirements of the technical regulation of the Eurasian Economic Union in compliance with the standard schemes of assessment of conformity approved by this Decision.

3-1. To provide to state members of the Eurasian Economic Union:

a) application of temporary measures when evaluating compliance in the form of certification serially products to requirements of technical regulations of the Eurasian Economic Union (Customs union);

b) information collection about the certificates of conformity to requirements of technical regulations of the Eurasian Economic Union (Customs union) issued by the certification bodies included in the unified register of conformity assessment bodies of the Eurasian Economic Union on serially products using temporary measures with quarterly submission to the Eurasian economic commission by authorized bodies of state members of the Eurasian Economic Union of results of monitoring of the specified activities by certification bodies, and also information on the taken measures;

c) strengthening of the state control (supervision) of compliance of products certified using temporary measures, to requirements of technical regulations of the Eurasian Economic Union (Customs union);

d) provision of possibility of recognition of the test reports issued within the international accreditation systems and certification, as the basis for issue of the document on assessment of conformity to requirements of technical regulations of the Eurasian Economic Union (Customs union) when evaluating compliance technically complex products (including serially products), necessary for implementation of priority projects, the organizations of new production lines, implementation of infrastructure projects and not released in the territories of other state members of the Eurasian Economic Union, in the conditions of the adverse epidemiological situation connected with spread of new koronavirusny infection (COVID-19).

3-2. Determine that temporary measures are effective within 12 months from the effective date of the Decision of Council of the Eurasian economic commission of December 23, 2020 with No. 127 "About modification of the Decision of Council of the Eurasian economic commission of April 18, 2018 No. 44".

Periodic assessment of the certified products on which certificates of conformity in case of observance of conditions are issued, stipulated in Item 2 temporary measures shall be carried out by means of the analysis of condition of production or the analysis of condition of production and researches (testing) and measurements of samples (tests) of products without use of remote assessment within 6 months from the date of lifting of restrictions accepted for the purpose of prevention of spread of new koronavirusny infection (COVID-19), as in state member of the Eurasian Economic Union in the territory of which the certification body, and in the state in the territory of which there is place of implementation of activities for production (production) of the certified products performs activities.

Periodic assessment of the certified products on which certificates of conformity are issued in cases, stipulated in Item 4 temporary measures, is carried out within 12 months from date of issue of the certificate of conformity by means of the analysis of condition of production or the analysis of condition of production and researches (testing) and measurements of samples (tests) of products. At the same time application of remote assessment by certification body when carrying out periodic assessment of the certified products depends on conditions of the epidemiological situation connected with spread of new koronavirusny infection (COVID-19).

4. This Decision becomes effective after 30 calendar days from the date of its official publication.

Members of council of the Eurasian economic commission:

From the Republic of Armenia

 

V. Gabriyelyan

From the Republic of Belarus

V. Matyushevsky

From the Republic of Kazakhstan

A. Mamin

From the Kyrgyz Republic

S. Mukanbetov

From the Russian Federation

I. Shuvalov

 

Approved by the Decision of Council of the Eurasian economic commission of April 18, 2018 No. 44

Standard schemes of assessment of conformity

I. General provisions

1. This document is developed for the purpose of realization of provisions of Item 5 of the Protocol on technical regulation within the Eurasian Economic Union (appendix No. 9 to the Agreement on the Eurasian Economic Union of May 29, 2014 (further – the Agreement)), is used in case of development and application of technical regulations of the Eurasian Economic Union (technical regulations of the Customs union) (further respectively – technical regulations, the Union) and establishes standard schemes of assessment of conformity of products or products and the design processes connected with requirements to products (including researches), productions, constructions, installation, adjustment, operation, storage, transportation, realization and utilization (further – products) to requirements of technical regulations.

2. This document contains standard schemes of confirmation of conformity (standard schemes of certification and standard schemes of declaring of compliance) and standard schemes of state registration.

3. Forms, schemes and assessment procedures of compliance of products are established in the technical regulation taking into account this document.

4. The choice of forms and schemes of assessment of conformity is performed taking into account dangerous factors and on the basis of risk analysis, characteristic of products, and also taking into account the circle of applicants in case of assessment of conformity established by the technical regulation.

5. By technical regulations taking into account features of products other forms, schemes and assessment procedures of compliance, than provided by this document can be established.

6. If in the technical regulations accepted earlier concerning products forms, schemes and assessment procedures of compliance are established, in the developed technical regulations similar forms, schemes and assessment procedures of compliance of these products are established.

7. For the purpose of provision to the applicant of option of the scheme of assessment of conformity accepted for it in the technical regulation for certain type of products several schemes of assessment of conformity are established.

8. In the presence of several accredited bodies on certification of products of the state members of the Union (further – state members) included in the unified register of conformity assessment bodies of the Union (further – certification body of products), at the choice of the applicant confirmation of conformity of products to requirements of the technical regulation is carried out in any certification bodies of products having the operating accreditation in required area of accreditation.

9. If the standard scheme provides carrying out researches (testing) and measurements of products in accredited test laboratory (center), for carrying out researches (testing) and measurements of products the applicant or certification body of products in coordination with the applicant has the right to address to any accredited test laboratory (center) having the operating accreditation in required area of accreditation.

II. Determinations

10. For the purposes of this document concepts which mean the following are used:

"accredited test laboratory (center)" – the legal entity registered in the territory of state member according to its legislation performing researches (testing) and measurements officially recognized as accreditation body and included in the unified register of conformity assessment bodies of the Union, or the structural division of such legal entity operating from his name;

"the analysis of condition of production" – the element of the standard scheme of assessment of conformity representing set of the actions performed by certification body of products for the purpose of determination of availability at the manufacturer of necessary conditions for ensuring permanent (stable) compliance to products released on customs area of the Union to requirements of the technical regulation, confirmable (confirmed) in case of certification;

"single product" – separate copy of piece products;

"importer" – the legal entity or physical person registered in the procedure established by the legislation of state member in its territory as the individual entrepreneur which concluded with the foreign manufacturer (seller) the agreement in foreign trade on transfer of products perform release of these products in the address and (or) its realization on customs area of the Union and bear responsibility for its compliance to requirements of technical regulations;

"certification body of systems of management" – the legal entity who is resident of this state member and accredited by accreditation body as the body performing activities for certification of systems of management registered in the procedure established by the legislation of state member in its territory;

"lot of products" – the set of units of production of one name and designation (in the presence) according to the shipping document provided by the applicant for carrying out confirmation of conformity;

"periodic assessment of the certified products" – the systematic assessment of conformity (inspection check-up) performed by accredited body on certification of products for the purpose of establishment of compliance to the certified products to the requirements of the technical regulation confirmed in case of certification of these products;

"seller" – the legal entity or the physical person as the individual entrepreneur selling products under agreements and not being manufacturers registered in the procedure established by the legislation of state member in its territory;

"products of serial production" – the products made according to the same technical documentation with use of single engineering procedure and released on customs area of the Union in the form of consecutive number of units of production or periodically repeating lots of products;

"own test laboratory of the manufacturer" – the legal entity performing researches (testing) and measurements and being in property of the manufacturer registered in the procedure established by the legislation of state member in its territory or the structural division of this legal entity operating from his name;

"the scheme of assessment of conformity" – set of procedures which are performed in case of work on assessment of conformity of products to requirements of technical regulations which results are used for decision making about compliance (discrepancy) of products to requirements of technical regulations;

"the scheme of certification" – set of actions which results are considered as proofs of compliance of products to requirements of technical regulations;

"shipping documents" – the documents determining the nomenclature and product quantity;

"branch of manufacturer" – separate division of the manufacturer, not being the legal entity, located out of the place of its stay and performing all its functions or their part;

"the expert (expert-auditor)" – the physical person having knowledge and skills for confirmation of conformity of products in certain area confirmed according to the procedure, established by the legislation of state member, and performing activities for confirmation of conformity of products in certification body of products.

Other concepts used hereunder are applied in the values determined by the Protocol on technical regulation within the Eurasian Economic Union (appendix No. 9 to the Agreement), the Protocol on recognition of results of works on accreditation of conformity assessment bodies (appendix No. 11 to the Agreement).

III. Standard schemes of certification

11. Standard schemes of certification include the following procedures performed consistently if other is not established by acts of bodies of the Union:

a) giving by the applicant in certification body of products of the work request on certification (further – the request) in which information, stipulated in Item the 13th this document, with application of documents is specified, specified in Item 14 of this document;

b) consideration and the analysis by certification body of products of the request and the enclosed documents, decision making about work on certification or about refusal in work on certifications and informing the applicant on the made decision (it is direct or by the direction of information the registered mail with the inventory of investment and the assurance of receipt);

c) carrying out by certification body products of identification and (or) sampling (tests) of products (standard product samples) (further – samples (tests) of products) for carrying out their researches (testing) and measurements if it is provided by the scheme of certification;

d) attraction of products by certification body on contractual basis (if necessary) for carrying out researches (testing) and measurements of accredited test laboratory (center) from among with what the certification body of products for carrying out researches (testing) and measurements interacts (if carrying out researches (testing) and measurements is provided by the scheme of certification). If the applicant for any reasons considers impossible carrying out researches (testing) and measurements in the attracted accredited test laboratory (center), it shall inform on it certification body of products (with reasons for causes of failure). In this case the certification body of products attracts other accredited test laboratory (center) with which it interacts to carrying out researches (testing) and measurements;

e) carrying out by accredited test laboratory (center) researches (testing) and measurements of the selected samples (tests) of products if it is provided by the scheme of certification;

e) carrying out research products by certification body like products if it is provided by the scheme of certification;

g) carrying out products of research of the project of products by certification body if it is provided by the scheme of certification;

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