DECISION OF THE COMMISSION OF CUSTOM UNION

of December 9, 2011 No. 877

About adoption of the technical regulation of the Customs union "About safety of wheel vehicles"

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 wheel vehicles" (TR CU 018/2011) (is applied).

2. Ceased to be valid according to the Decision of Board of the Eurasian economic commission of 25.12.2018 No. 219

3. Establish:

3.1. The technical regulation of the Customs union "About safety of wheel vehicles" (further – the Technical regulation) becomes effective since January 1, 2015.

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 July 1, 2016, except for batches of vehicles and components which effective period is limited quantitative quota.

The specified documents issued or accepted about day of official publication of this Decision are valid before the termination of term of their action.

Also these documents can be used as evidentiary materials for the purpose of check of fulfillment of requirements of this technical regulation, including, for distribution of action of the specified documents on the territory of all state members of the Customs union.

In case of distribution the specified in the paragraph one of this Item of documents according to the procedure established by this technical regulation are applied the requirements existing before entry into force of this technical regulation at the time of execution of the specified documents. In similar case effective period of the document issued based on the technical regulation shall correspond to effective period of the document existing before entry into force of this technical regulation.

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;

3.2.1. Approvals like vehicles of categories N 3, of O3 and O 4, issued in the Republic of Belarus and the Russian Federation according to the national legal system before entry into force of the Technical regulation, have direct action in the territory of the Republic of Kazakhstan before the termination of term of their action, but no later than July 1, 2016;

3.2.2. The number of the vehicles released in the territory of the Republic of Kazakhstan according to subitem 3.2.1 of this Decision cannot exceed for category - 2100 pieces, for categories O3 and O4 - 2100 pieces.

3.2.3. The documents on assessment (confirmation) of compliance to the mandatory requirements established by the legislation of the Republic of Kazakhstan, issued or accepted about day of entry into force of the Technical regulation concerning the Toyota vehicle (the commercial name "Fortuner") made in the territory of the Republic of Kazakhstan are valid till March 28, 2017 inclusive;

3.2.4. The number of the vehicles released since July 1, 2016 in the territory of the Republic of Kazakhstan according to subitem 3.2.3 of this Decision cannot exceed 1900 pieces;

3.2.5. Till January 31, 2024 it is inclusive allowed not to equip with the device or system of challenge of the emergency field services or to retrofit the device or system conforming to the mandatory requirements established by the regulatory legal acts of state member of the Eurasian Economic Union adopted according to the paragraph the second Item 1 of the Technical regulation, vehicles (chassis) of categories M 1, M 2, M 3, N 1, N2 and N3 (except for vehicles for transportation of the dangerous goods and vehicles which are specially intended for transportation of children) which are manufactured on customs area of the Eurasian Economic Union and concerning which approvals like the vehicle are effective (approvals like the chassis).

The vehicles (chassis) specified in paragraph one of this subitem shall be retrofitted by the device or system of challenge of the emergency field services of the vehicle (chassis) by the manufacturer till December 31, 2027.

Realization of the vehicles (chassis) released from the date of the introduction of this Decision in force till January 31, 2024 without devices or systems of challenge of the emergency field services specified in paragraph one of this subitem is performed on condition of obligatory informing consumers on need of retrofitting of the vehicle (chassis) by the device or system of challenge of the emergency field services and specifying in the electronic passport of the vehicle (the electronic passport of the vehicle chassis) of the relevant information.

In case of not retrofitting of the vehicles (chassis) made in the territory of one state member of the Eurasian Economic Union and which are in operation in its territory, the device or system of challenge of the emergency field services conforming to requirements of the Technical regulation provisions of paragraph two of subitem 3.2.6 of this Decision extend to such vehicles (chassis) since December 31, 2027.

Control of execution of this Decision is provided with authorized bodies of state members of the Eurasian Economic Union according to the legislation of state members.

3.2.6. Release into the stream of commerce and stay in operation of the vehicles specified in the paragraph the second Item 1 of the Section I of the Technical regulation are allowed on condition of ensuring their safety and only in the territory of state member of the Eurasian Economic Union in which these vehicles are made, except for of the case specified in the paragraph the second this Item. Concerning such vehicles document creation about assessment of conformity, provided by the Technical regulation is not allowed.

Implementation of rights of possession, uses, order of the vehicles specified in the paragraph the second Item 1 of the Section I of the Technical regulation is not allowed in the territories of state members of the Eurasian Economic Union, except for the territories of state member in which these vehicles are made if other is not established by the legislation of other state members concerning such vehicles.

3.2.7. Till February 1, 2024 in the Republic of Armenia, the Republic of Kazakhstan assessment of conformity and release into the stream of commerce of vehicles of categories M and N which are made in the territory of state member of the Eurasian Economic Union is allowed or are imported by official representatives of foreign manufacturers on the territory of such state member of the Eurasian Economic Union, without application of Items 113 and 114 of appendix No. 2 to the Technical regulation and Items 16 and 17 of appendix No. 3 to the Technical regulation.

Till December 31, 2027 in the Republic of Belarus, the Kyrgyz Republic and in the Russian Federation features of evaluating compliance of the released vehicles without application of requirements for equipment of vehicles systems (devices) of challenge of the emergency field services are established according to regulatory legal acts of the Government of the Republic of Belarus, the Cabinet of Ministers of the Kyrgyz Republic or the Government of the Russian Federation respectively.

Till December 31, 2027 in the Republic of Belarus and the Russian Federation establishment of requirements and features of evaluating compliance, and also release into the stream of commerce of the vehicles imported from the third countries by legal entities and individual entrepreneurs from the date of whose production there passed no more than 3 years, according to regulatory legal acts of the Government of the Republic of Belarus and the Government of the Russian Federation respectively are allowed. Concerning such vehicles document creation about assessment of conformity, provided by the Technical regulation is not allowed.

Implementation of rights of possession, uses, orders of the vehicles specified in paragraphs one - third this Item, is not allowed in the territories of state members of the Eurasian Economic Union, except for the territories of state member of the Eurasian Economic Union in which these vehicles are made or on the territory of which they are imported by individual entrepreneurs or legal entities, including official representatives of foreign manufacturers if other is not established by the legislation of the corresponding state members of the Eurasian Economic Union concerning such vehicles.

3.2.8. Till February 1, 2024 in the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan and the Kyrgyz Republic assessment of conformity and release into the stream of commerce of single vehicles of the categories M and N imported for own needs in the territory of these states without application of provisions of the Section 5 of appendix No. 4 to the Technical regulation is allowed.

Implementation of rights of possession, uses, order of the vehicles specified in paragraph one of this subitem is not allowed in the territories of other state members of the Eurasian Economic Union if other is not established by the legislation of the corresponding state members of the Eurasian Economic Union concerning such vehicles.

3.2.9. Release into the stream of commerce and stay in operation of the vehicles specified in paragraph three of Item 1 of the Technical regulation are allowed on condition of ensuring their safety and only in the territory of that state where such vehicles were imported (in the territory of the Republic of Armenia or in the territory of the Republic of Belarus). Concerning such vehicles document creation about assessment of conformity, provided by the Technical regulation is not allowed.

Implementation of rights of possession, uses, order of the vehicles specified in paragraph three of Item 1 of the Technical regulation is not allowed in the territories of state members of the Eurasian Economic Union, except for the territories of the Republic of Armenia or the territory of the Republic of Belarus respectively if other is not established by the legislation of other state members concerning such vehicles.

3.2.10. Release into the stream of commerce and stay in operation of the vehicles specified in paragraph four of Item 1 of the Section I of the Technical regulation are allowed in number of no more than 175 pieces on condition of ensuring their safety and only in the territory of the Republic of Kazakhstan. Concerning such vehicles document creation about assessment of conformity, provided by the Technical regulation is not allowed.

Implementation of rights of possession, uses, order of the vehicles specified in paragraph four of Item 1 of the Section I of the Technical regulation is not allowed in the territories of state members of the Eurasian Economic Union, except for the territories of the Republic of Kazakhstan.

3.2.11. Release into the stream of commerce and stay in operation of the vehicles specified in paragraph five of Item 1 of the Section I of the Technical regulation is allowed on condition of ensuring their safety and only in the territory of the Republic of Kazakhstan. Concerning such vehicles document creation about assessment of conformity, provided by the Technical regulation is not allowed.

Implementation of rights of possession, uses, order of the vehicles specified in paragraph five of Item 1 of the Section I of the Technical regulation is not allowed in the territories of the states of members of the Eurasian Economic Union, except for the Republic of Kazakhstan.

3.3. Till July 1, 2016 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 members of the Customs union or with the Decision of the Commission of September 20, 2010 No. 386.

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 expiration date (service life) of products established according to the legislation of state member of the Customs union.

3.5. In case of approach in 2022 of the term of carrying out the planned control provided by Items 46 and 47 of the Technical regulation according to the statement of the applicant the certification body has the right to make the decision on transfer of carrying out such control for a period of up to 12 months in the presence of confirmation of invariance of engineering procedure of production of the certified products and technical documentation on products.

3.6. Till December 31, 2024:

3.6.1. Item 25 of the Technical regulation is applied taking into account that authorized representatives of the foreign manufacturer have the right to be applicants when carrying out approval like the vehicle (approval like the chassis), distribution or prolongation of its action.

3.6.2. Item 26 of the Technical regulation is not applied.

3.7. Information on state member of the Eurasian Economic Union in the territory of which implementation of rights of possession is allowed of use and orders of the vehicles specified in paragraph four of subitem 3.2.5 and subitems 3.2.7 and 3.2.8 of this Decision is specified in the electronic passport of such vehicle.

In case of retrofitting of such vehicles the device or system of challenge of the emergency field services conforming to requirements of the Technical regulation, information specified in paragraph one of this subitem is excluded from the electronic passport of the vehicle.

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