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DECISION OF THE COMMISSION OF CUSTOM UNION

of October 18, 2011 No. 826

About adoption of the technical regulation of the Customs union "About requirements to automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil"

(as amended on 19-12-2019)

According to article 13 of the Agreement on the single principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of November 18, 2010 the Commission of the Customs union (further - the Commission) solved:

1. Accept the technical regulation of the Customs union "About requirements to automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil" (TR CU 013/2011) (is applied).

2. Approve the enclosed list of the standards containing rules and methods of researches (testing) and measurements, including the rules of sampling necessary for application and execution of requirements of the technical regulation of the Customs union "About requirements to automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil" (TR CU 013/2011) and implementation of assessment of conformity of objects of technical regulation.

3. Establish:

3.1. The technical regulation of the Customs union "About requirements to automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil" (further - the Technical regulation) becomes effective since December 31, 2012.

3.2. The documents on assessment (confirmation) of compliance to the mandatory requirements established by the legislation of state member of the Customs union or regulatory legal acts of the Customs union, issued or accepted concerning products which are object of technical regulation of the Technical regulation (further - products), about day of entry into force of the Technical regulation, are valid before the termination of term of their action, but no later than June 30, 2014, except for the documents on assessment (confirmation) of compliance to the requirements established by the legislation of state member of the Customs union or regulatory legal acts of the Customs union, issued or accepted concerning fuel for jet engines of the RT brand which are effective till January 1, 2015. The specified documents issued or accepted about day of official publication of this Decision are valid before the termination of term of their action.

From the date of entry into force of the Technical regulation issue or adoption of documents on assessment (confirmation) of compliance of products to the mandatory requirements which are earlier established by regulatory legal acts of the Customs union or the legislation of state member of the Customs union is not allowed.

3.3. Till June 30, 2014 production and release into the stream of commerce of products according to the mandatory requirements which are earlier established by regulatory legal acts of the Customs union or the legislation of state member of the Customs union in the presence of the documents on assessment (confirmation) of compliance of products specified to mandatory requirements, issued or accepted about day of entry into force of the Technical regulation, except for fuel for jet engines of the RT brand which production and release into the stream of commerce in the presence of such documents is allowed till January 1, 2015 is allowed.

The specified products are marked by national mark of conformity (market access mark) according to the legislation of state member of the Customs union.

Marking of such products single market circulation mark of gosudarstvchlen of the Customs union is not allowed.

3.4. The product circulation, released during action of the documents on assessment (confirmation) of compliance specified in subitem 3.2 of this Decision is allowed during the expiration date of products established according to the legislation of state member of the Customs union.

3.5. The documents on assessment (confirmation) of compliance of fuel for jet engines and fuel oil to the requirements established by the Technical regulation issued or accepted about day of entry into force of changes in the Technical regulation according to the Decision of Council of the Eurasian economic commission of June 23, 2014 No. 43 "About modification of the technical regulation of the Customs union "About requirements to automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil" (TR CU 013/2011)", are valid before the termination of term of their action.

The address of fuel for the jet engines and fuel oil released during action of the documents on assessment (confirmation) of compliance specified in paragraph one of this Item is allowed during the expiration date of products established according to the legislation of state member of the Customs union and the Common economic space.

4. To the secretariat of the Commission jointly with the Parties to prepare the draft of the Actions plan, necessary for implementation of the Technical regulation, and in three-months time from the date of entry into force of this Decision to provide representation it on approval by the Commission in accordance with the established procedure.

5. To provide to the Kazakhstan Side with participation of the Parties based on monitoring of results of application of standards preparation of offers on updating of the List of the standards specified in Item 2 of this Decision and representation at least once a year from the date of entry into force of the Technical regulation in the Secretariat of the Commission for approval by the Commission in accordance with the established procedure.

6. To the parties:

6.1. to date of the introduction of the Technical regulation in force to determine the state control (supervision) bodies responsible for implementation of the state control (supervision) of observance of requirements of the Technical regulation and to inform on it the Commission;

6.2. provide carrying out the state control (supervision) of observance of requirements of the Technical regulation from the date of the introduction it in force.

7. This Decision becomes effective in 15 days from the date of its official publication if during this term of the Party do not declare suspension of the approval of the Technical regulation.

Members of the commission of the Customs union:

From the Republic of Belarus

S. Rumas

From the Republic of Kazakhstan

U. Shukeev

From the Russian Federation

I. Shuvalov

 

The technical regulation of the Customs union "About requirements to automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil" TR CU 013/2011

Preface

1. This technical regulation of the Customs union (further – the Technical regulation of TS) is developed according to the Agreement on the single principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of November 18, 2010.

2. This technical regulation of TS is developed for the purpose of establishment on single customs area of the Customs union obligatory for application and execution of requirements to the issued automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil (further – fuel) released on single customs area of the Customs union.

Article 1. Scope

1.1. The technical regulation of TS extends to the fuel released and being in circulation on single customs area of the Customs union.

1.2. The technical regulation of TS establishes requirements to fuel for the purpose of ensuring protection of life and health of the person, property, environmental protection, the prevention of the actions misleading consumers concerning its appointment, safety and energy efficiency.

1.3. The technical regulation of TS does not extend to the fuel delivered according to the state defense order, for export out of limits of single customs area of the Customs union, being stored in the organizations ensuring safety of the state material reserve and also for needs of own consumption on oil fields and drilling platforms.

Article 2. Determinations

2.1. In the Technical regulation of TS the following terms and their determinations are applied:

automobile and aviation gasoline - liquid fuel for use in internal combustion engines with spark ignition;

release into the stream of commerce - primary transition of the passported fuel from the manufacturer to the consumer;

diesel fuel - liquid fuel for use in internal combustion engines with ignition from compression;

the manufacturer - legal or physical person, including the foreign, performing on its own behalf or according to the order production and (or) realization of fuel, TS, responsible for its compliance to requirements of the Technical regulation;

the importer - the resident of state member of CU which signs with the nonresident of the state of TS the agreement in foreign trade on transfer of fuel and enables storage and the realization (wholesale and (or) retail trade) of this fuel and bears responsibility for its compliance to requirements of the Technical regulation of TS;

fuel oil – the fuel received from products of oil refining, gas-condensate raw materials and intended for vehicles, stationary boiler rooms and technological installations;

fuel brand - the verbal and (or) alphabetic, digital reference of fuel including its ecological class for automobile gasoline and diesel fuel;

the address of fuel in the market - the stages of movement of fuel from the manufacturer to the consumer covering everything stages which the passported fuel after release passes it in the address;

octane rating - the indicator characterizing detonation firmness of gasoline, expressed in terms of reference scale;

trial batch - the lot of products produced on again developed worker of documentation for check by testing of compliance to the set technical requirements for the purpose of decision making about possibility of statement on production and (or) proper uses;

fuel batch - the amount of fuel of one brand accompanied with one quality certificate (passport);

the consumer - the legal or physical person having intention to acquire or the acquiring passported fuel for own needs;

additive - the substance added to fuel for the purpose of improvement of its operational properties;

the seller - the legal or physical person which is resident of gosudarstvachlen of TS, enabling wholesale and (or) retail sale of the passported fuel to the consumer according to the national legal system of state member of TS and responsible for placement in the market of the fuel conforming to requirements of the Technical regulation of TS;

ship fuel - the liquid fuel used in ship power power stations;

fuel for jet engines - liquid fuel for use in jet aviation engines;

person authorized by the manufacturer - the legal or physical person registered in accordance with the established procedure by state member of TS which is determined by the manufacturer based on the contract with it for implementation of actions from his name in case of confirmation of conformity and placement of fuel on single customs area of the Customs union, and also for assignment of responsibility for discrepancy of fuel to requirements of the Technical regulation of TS;

cetane number - the indicator characterizing inflammability of diesel fuel, expressed in terms of reference scale;

ecological class of fuel - classification code (To 2, K3, K4, K5) determining safety requirements of fuel.

Article 3. Requirements to the address of fuel in the market

3.1. Release into the stream of commerce and the address of fuel which compliance is confirmed to requirements according to Article 6 of the Technical regulation of TS is allowed.

3.2. In case of realization of automobile gasoline and diesel fuel the seller shall provide to the consumer information about:

name and brand of fuel;

fuel compliance to requirements of the Technical regulation of TS.

In case of retail sale of automobile gasoline and diesel fuel information on the name, fuel brand, including on ecological class, shall be placed in the places available to consumers. On the fuel and distributing equipment takes place and in cash register receipts information on fuel brand is reflected.

At the customer's request the seller shall show the copy of the quality certificate (passport) of fuel.

3.3. Requirements to designation of brand of automobile gasoline and diesel fuel are given in appendix 1.

Article 4. Safety requirements

4.1. Automobile gasoline shall conform to the requirements specified in appendix 2 to the Technical regulation of TS.

4.2. Application in automobile gasoline of the metallic additives (containing manganese, lead and iron) is not allowed.
Use of aromatic amines (monomethylanilines) in the territory of the Republic of Belarus is forbidden.

4.3. Automobile gasoline may contain dyes (except green and blue color) and substances tags.

4.4. Diesel fuel shall conform to the requirements specified in appendix 3 to the Technical regulation of TS.

4.5. Till January 1, 2018 in the Kyrgyz Republic and in the Republic of Kazakhstan along with release into the stream of commerce (address) of the diesel fuel conforming to the requirements provided by appendix 3 to the Technical regulation of TS release into the stream of commerce of the diesel fuel used for the agricultural and off-road machinery with cetane number at least 45 and mass fraction of sulfur no more than 2000 mg/kg and without regulation of indicators "the greasing capability" and "mass fraction of polycyclic aromatic hydrocarbons" on condition of compliance of other characteristics to the requirements provided by appendix 3 to the Technical regulation of TS is allowed.
This fuel is not allowed to realization through gas stations public.

4.6. Application in diesel fuel of metallic additives, except for antistatic additives is not allowed.

4.7. Fuel oil shall conform to the requirements determined by appendix 4 of the Technical regulation of TS.

4.8. Fuel for jet engines shall conform to the requirements determined by appendix 5 of the Technical regulation of TS.

4.9. Fuel for jet engines shall not contain surface-active and other chemicals in the quantity worsening its properties.

4.10. Aviation gasoline shall conform to the requirements determined by appendix 6 of the Technical regulation of TS.

4.11. Aviation gasoline with octane rating is at least 99, and grade at least 130 are might contain by dye of blue color.

4.12. Ship fuel shall conform to the requirements determined by appendix 7 of the Technical regulation of TS.

4.13. Each batch of the fuel released and (or) which is in circulation shall be followed by the quality certificate (passport).

The passport shall contain:

name and designation of brand of fuel;

the name of the manufacturer (authorized by the manufacturer of person) either the importer, or the seller, their location (with indication of the country);

designation of the document establishing requirements to fuel of this brand (in the presence);
the normative values and the actual results of testing confirming compliance of fuel of this brand to requirements of the Technical regulation of TS;

date of issue and passport number;

the signature of person which drew up the passport;

data on the declaration of compliance;

data on availability of additives in fuel.

4.14. The accompanying documentation on batch of the fuel released is carried out in Russian and in state language of state member of TS in the territory of which this batch will be in circulation.

Article 5. Ensuring compliance to safety requirements

5.1. Safety of fuel is ensured by observance of the requirements established by this Technical regulation.

5.2. Rules and the methods of researches (testing), including sampling necessary for execution of requirements of the technical regulation of TS and implementation of assessment (confirmation) of compliance of products, are established in interstate standards, and in case of their absence (before adoption of interstate standards) – national (state) standards of state members of the Customs union.

Article 6. Confirmation of conformity

6.1. Before release of fuel fuel confirmation of conformity to requirements of the Technical regulation of TS in the declaration form of compliance is carried out to the address.

The procedure of confirmation of conformity of fuel is carried out by the applicant.

When declaring compliance of fuel by the applicant there can be TS registered according to the legislation of state member in its territory the legal entity or the physical person which is either the manufacturer, or the authorized representative of the manufacturer, or the importer.

Confirmation of conformity of fuel is carried out according to the schemes of declaring of compliance of fuel established in this Article and described in appendix 8 to the Technical regulation of TS.

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