DECISION OF THE COMMISSION OF CUSTOM UNION

of December 9, 2011 No. 874

About adoption of the technical regulation of the Customs union "About safety of grain"

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 safety of grain" (TR CU 015/2011) (is applied).

2. Approve the 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 safety of grain" (TR CU 015/2011) and implementation of assessment (confirmation) of compliance of products it (is applied).

3. Establish:

3.1. The technical regulation of the Customs union "About safety of grain" (further – the Technical regulation) becomes effective since July 1, 2013, at the same time:

- requirements of Appendix 2 to the Technical regulation for indicator "infectiousness" are effective with wreckers till July 1, 2018, after the specified date the regulation is established it "is not allowed";

- requirements of Appendices 3 and 5 to the Technical regulation for indicator "the creeping bitterling" (on set with other established harmful impurity) are effective till July 1, 2018, after the specified date the regulation "the bitterling creeping is established - it is not allowed";

3.2. The documents on assessment (confirmation) of compliance to the mandatory requirements established by regulatory legal acts of the Customs union or the legislation of state member 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 February 15, 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 February 15, 2015 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 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 state members 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.

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 of 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 lists of the standards specified in Item 2 of this Decision and their 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. Prior to the day 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. From the date of entry into force of the Technical regulation to provide carrying out the state control (supervision) of observance of requirements of the Technical regulation taking into account subitems 3.2-3.4 of this Decision.

7. This Decision becomes effective from the date of its official publication.

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

Approved by the Decision of the Commission of the Customs union of December 9, 2011, No. 874

The technical regulation of the Customs union of TP 015/2011 "About safety of grain"

Preface

1. This technical regulation of the Customs union "About safety of grain" (further - the technical regulation) 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 is developed for the purpose of establishment on single customs area of the Customs union single obligatory for application and execution of requirements to grain, ensuring free movement of the grain released on single customs area of the Customs union.

3. If concerning grain other technical regulations of the Customs union establishing requirements to grain are accepted, then grain shall conform to requirements of all technical regulations of the Customs union which action extends to it.

Article 1. Scope

1. This technical regulation extends to the grain released on single customs area of the Customs union, used for the food and fodder purposes.

This technical regulation does not extend to the grain intended for the seed purposes, grain conversion products.

2. This technical regulation establishes obligatory for application and execution on single customs area of the Customs union of the requirement to grain and the related requirements to production processes, storages, transportations, realization and utilizations of grain, for the purpose of protection of life and health of the person, property, the environment, life and health of animals and plants, and also the prevention of the actions misleading consumers of grain.

3. Identification of grain is performed based on information specified in shipping documents on marking, visual survey of the botanical signs of grain characteristic of this type of culture, and also the distinctive signs specified in appendix 1 to this technical regulation.

If grain cannot be identified based on information specified in shipping documents on marking, visual survey, identification is carried out by analytical method - by check of compliance of physical and chemical indicators of grain according to the standards specified in Article 5 of this technical regulation.

Article 2. Determinations

In this technical regulation the following terms and their determinations are used:

humidity of grain - physical and chemically and the water which is mechanically connected with grain fabrics deleted in standard conditions of determination;

harmful impurity - impurity of plant origin which in the quantities exceeding admissible levels can render the toxic, harmful, damaging or dangerous action on health of the person and (or) animals and (or) plants;

grain release into the stream of commerce - purchase and sale and different ways of transfer of grain on single customs area of the Customs union, starting with the manufacturer or the importer;

gene-modified (transgene) organisms - the organisms received with use of methods of genetic engineering;

golovnevy grain - the grain in parts or in full contaminated by smut disputes;

impurity of grain wreckers - availability in intergrain space of dead wreckers or their parts, and also products of their life activity;

infectiousness of grain wreckers - availability in intergrain space or in separate grains of living wreckers in any stage of their development;

grain - the fruits of cereal, leguminous and oil-bearing crops used for the food and fodder purposes;

grain identification - the procedure of reference of grain to objects of technical regulation of this technical regulation;

the fodder purposes - use of grain as forage for animals and production of compound feeds;

insects wreckers of grain - the grain grinder, the grain grinder, granary weevil, rice weevil, pyralids, granary moth, trogoderma changeable, Mauritian small insect, carpet bug, kaprovy bug, flour hrushchak, bulavousy small хрущак, pretenders, khapra beetles, meal beetles, griboyeda, Nitidulidae, skrytnik, skrytnoyeda, Copeognatha, weevils, leaf rollers;

grain disinfecting - chemical, radiative or physical impact on grain for the purpose of extermination of wreckers and microorganisms;

grain processing - cleaning and (or) drying, and (or) disinfecting of grain for the purpose of ensuring its safety;

purification of grain - removal of impurity for the purpose of grain safety;

grain batch - amount of grain of one name (type), homogeneous on quality, intended to simultaneous acceptance, shipment and (or) storage;

grain transportation - movement of batches of grain in case of its address;

the food purposes - use of grain for conversion in food products;

the delivered grain - the grain which underwent processing and directed to the food or fodder purposes;

foreign smell of grain - the smell not inherent to grain of this name (type) appearing as a result of sorption by grain of odorous foreign substances;

grain production - complex of the agrotechnological actions directed to grain cultivation;

rozovookrashenny grain - the grain executed, shining with pink pigmentation of covers mainly in the field of germ;

ergot - the grain struck with Claviceps purpurea mushroom in the form of the extended dense educations in ear of dark-violet color;

grain drying - lowering of humidity of grain for the purpose of ensuring its safety;

authorized body of state member of the Customs union - the state body of state member of the Customs union given authority exercising the state control (supervision) of observance of requirements of this technical regulation;

grain utilization - use of the grain which is not conforming to requirements of this technical regulation for the purpose of, other than the purposes for which grain is intended and in which it is usually used, or reduction of the grain which is not conforming to requirements of this technical regulation, in the condition not suitable for any its use and application, and also the excluding adverse effect it per capita, animals, plants and the environment;

fuzariozny grain - the grain struck in case of its maturing with sort mushrooms фузариум (puny, lightweight, wrinkled, whitish, sometimes with spots of salmoncolored color);

grain storage - engineering procedure of creation in the granary of conditions for grain safety;

grain examination - measure definition of safety of grain for the purpose of decision making about possibility of its utilization.

Article 3. Rules of release of grain in market circulation

1. The grain delivered on the food and fodder purposes is released on single customs area of the Customs union provided that it underwent necessary assessment procedures (confirmations) of compliance established by this technical regulation, and also other technical regulations of the Customs union which action extends to grain.

2. Each batch of the delivered grain in case of its release into the stream of commerce on single customs area of the Customs union is followed by shipping documents which shall contain information on the declaration of conformity of batch of grain to requirements of this technical regulation.

In case of release into the stream of commerce on single customs area of the Customs union of the grain intended for the direction on storage and (or) processing in the territory of the manufacturing country it is followed by shipping documents without information on the declaration.

3. The delivered grain which compliance to requirements of this technical regulation is not confirmed cannot be marked by single market circulation mark of the states of members of the Customs union and is not allowed to release into the stream of commerce on single customs area of the Customs union.

Article 4. Safety requirements

1. Indicators of toxic elements, mycotoxins, бенз (and) pyrene, pesticides, radionuclides, infectiousnesses wreckers and harmful impurity in the grain delivered on the food purposes shall not exceed the maximum permissible levels specified in appendices 2, 3 to this technical regulation.

2. Indicators of toxic elements, mycotoxins, pesticides, radionuclides, infectiousnesses wreckers and harmful impurity in the grain delivered on the fodder purposes shall not exceed the maximum permissible levels specified in appendices 4, 5 to this technical regulation.

3. Determination of residual amounts of pesticides, except for the pesticides specified in appendices 2, 4 to this technical regulation is carried out based on information on their application provided by the manufacturer (supplier) of grain in case of its release in the address on single customs area of the Customs union. Indicators of their content in grain shall not exceed the maximum permissible levels specified in appendix 6 to this technical regulation.

4. Release into the stream of commerce on single customs area of the Customs union of grain is not allowed if content in it residual amounts of active ingredients of the pesticides registered according to the procedure established by the legislation of state member of the Customs union, and specified in appendices 2, of 4, 6 to this technical regulation exceeds admissible levels.

5. The fertilizers used in case of grain production shall conform to requirements of the legislation of the Customs union, and before entry into force of the corresponding technical regulations of the Customs union - to requirements of the legislation of state member of the Customs union.

6. Storage of grain is performed in the granaries ensuring safety of grain and safety of its consumer properties in case of observance of the requirements to processes of storage of grain established by this technical regulation and also the storage conditions established by the national legal system of state member of the Customs union.

7. Surfaces of walls, ceilings, the bearing designs, doors, half of production rooms, and also silos and bunkers shall be available to their cleaning and disinfecting. The condition of roof and walls of granaries, designs of entrance openings of channels of active ventilation shall provide prevention of hit in them atmospheric precipitation and foreign objects.

8. Engineering procedure of processing of grain in granaries shall provide drying, cleaning and disinfecting of grain to the level providing condition, safe and resistant for storage.

9. It is not allowed to store in granaries together with grain toxic, combustible chemicals, fuels and lubricants and oil products, and also food products of other type and non-food products if it can lead to grain pollution.

10. Process of disinfecting of the grain infected with wreckers shall ensure safety of grain according to the requirements established by this technical regulation.

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