New procedure for the development, adoption, amendment and cancellation of TR EAEU technical regulations was adopted

On March 1, 2022, by order of the Board of the Eurasian Economic Commission No. 26 of February 22, 2022, a decision on the change of the procedure for the development, adoption, amendment and annulment of the technical regulations of the Eurasian Economic Union (TR EAEU) was adopted and published.

Important information about the document

The newly adopted document will replace the previously binding procedure in the wording adopted by the EAEU Council Decision No. 48 of June 20, 2012. The first changes concern the addition of new, additional stages of developing draft technical regulations and changes to the existing ones.

A new 7-step procedure

Now the procedure will be carried out in 7 steps instead of 5:

  1. Preparation and approval by the EAEU of a plan for the development of technical regulations and their amendments, as well as plan changes.
  2. Preparation of the draft technical regulations of TR EAEU / draft amendments to the technical regulations of TR EAEU.
  3. Conducting a public debate on the project.
  4. Finalization of the project on the basis of the results of public debate, including metrological expertise and regulatory impact assessment (previously it was not a separate item).
  5. Internal project coordination.
  6. Conducting a comprehensive study of the company's condition and legal editing of the project (previously it was not a separate item).
  7. Acceptance of the EAEU document.

What will change in the documentation?

The set of documents for the draft technical regulations has been supplemented with a draft list of products subject to mandatory assessment of compliance with the requirements of the TR EAEU technical regulations, with regard to which, in the case of placing under customs procedures, compliance with the provisions of the technical regulations is confirmed. In practice, such a list is created as needed for each document, but only now has it been included in the procedure of developing the regulations.

Clarifications about the schedule

The main terms of the procedures for the development, adoption, amendment and cancellation of the TR EAEU remain unchanged. However, clarifications have been made regarding the timing of the procedures. It has been specified that the finalization of a given project may not take more than 25 working days. This also applies to the rules for adopting technical regulations. The new edition states that the decision on the adopted technical regulations TR EAEU regarding its entry into force and transitional provisions is made by the Management Board of the EAEU not later than 3 months before the date of entry into force.

It was established that the decision to adopt the technical regulations of the TR EAEU must obligatorily specify the following deadlines:

  • validity of previously adopted documents regarding the assessment of the conformity of products with the mandatory requirements, after which the issuance or acceptance of such documents is not allowed

  • authorization of production and admission to trading in the territories of the EEU member states of products with or without "old" permits.