Technical Regulations of the Customs Union in the sphere of rail transport come into force

Since August 2, Technical Regulations of the Customs Union (CU) “On Safety of Railway Rolling Stock”, “On Safety of High-Speed Rail Transport” and “On Safety of Rail Transportation Infrastructure”, adopted by Decision No. 710 of the CU Commission dated July 15, 2014 have become effective. Technical Regulations of the Customs Union in the sphere of rail transport come into force  Member of the Board – Minister in charge of Technical Regulation of the Eurasian Economic Commission (EEC) Valery Koreshkov noted that transfer to the uniform requirements to products and rules allowing for release thereof into circulation in the sphere of rail transport on the single customs territory is an essential condition of integration within the framework of the Customs Union (CU) and Single Economic Space (SES).     The above mentioned Decision of the CU Commission set a 3-year term for the specified Technical Regulations to become effective and approved the Lists of Standards to these documents. With due regard to the existing practice, Decision No. 285 of the EEC Board dated December 2, 2013 changed transition provisions related to the introduction of regulations. August 1, 2016 was determined as a deadline for the transition to the uniform requirements, including products that had not been compulsorily evaluated before. These changes would enable a gradual transition to the mandatory requirements set forth in the CU Technical Regulations.  Until August 1, 2016, there is a possibility to produce and release to circulation railway rolling stock, high-speed rail transport, and ensure rail transportation infrastructure in accordance with the mandatory requirements set forth before in the regulatory legal acts of the CU and SES or legislation of any CU and SES Member-State subject to availability of documents on assessment (confirmation) of product conformity to the above mandatory requirements issued or adopted before August 2, 2014. Until August 1, 2016, there is a transition period with respect to products, which have not been  subject to obligatorily assessment (confirmation) of compliance to mandatory requirements before August 2, 2014, set forth in the regulatory legal acts of the CU and SES or the legislation of any of the CU and SES Member-State. As of the date of adoption of the Technical Regulations (from July 15, 2011), the product manufacturers, importers, conformity assessment (confirmation) authorities, government bodies of the CU and EEC Member-States have had a chance to analyze, get prepared and gradually proceed to the application of the uniform requirements of the Technical Regulations. Since 2014, the issue or adoption of documents related to the assessment (confirmation) of product compliance with the mandatory requirements, which were set earlier in the regulatory legal acts of the CU and SES and legislation of any CU and SES Member-State, is not allowed. Declarations of Conformity with the Technical Regulation Requirements shall be executed in accordance with the Single Forms, approved by the EEC Board Decision No. 293 dated December 25, 2012. Until the date of the CU Technical Regulation “On Safety of Buildings and Structures, Construction Materials and Products” coming into effect, the assessment (confirmation) of compliance of the rail transportation infrastructure facilities with the requirements of the CU Technical Regulation “On Safety of Rail Transportation Infrastructure” shall be performed in accordance with the laws of a Member-State of the CU and SES by reference to specific features of the rail transport specified in Clauses 73-81, Article 6 of the CU Technical Regulation “On Safety of Rail Transportation Infrastructure”. Authorities and functions regarding implementation of the Technical Regulations, in particular, regarding harmonization of the CU and SES Member-States regulatory legal acts with the Technical Regulations, enactment on the national level of national (state) standards of other states mentioned in the Lists of Standards to be used with the Technical Regulations, accreditation of the CU certifying authorities and test laboratories (centers) to give them a right to perform works relating to assessment (confirmation) of products conformity to the Technical Regulations, determining state authorities for control (supervision) of conformity with the Technical Regulations, remain on the national level. Thus, decisions on the subject taken by Governments of the CU and SES Member-States and, respectively, by state bodies, which are required to ensure the implementation of the requirements of the Technical Regulations.  In March 2014, the Eurasian Economic Commission held a workshop on the issues related to these Technical Regulations coming into effect with participation of competent authorities and organizations of the CU and SES Member-States.    For reference: The issues related to application of the requirements of the Technical Regulations are published for a wide community on the webpage of the EEC Technical Regulation and Accreditation Department on the EEC official website in section "FAQ in implementation of Technical Regulations". 1. The CU Technical Regulation “On Safety of Railway Rolling Stock” (CU TR 001/2011) applies to newly developed (modernized) and manufactured railway rolling stock and its components released into circulation in the CU customs territory for the use on public and non-public railways with 1520 mm track gauge and travel speed of 200 km/hour, inclusive. The railway rolling stock includes: 1) locomotives; 2) multiple unit train and its wagons; 3) locomotive-hauled passenger coaches (hereinafter – passenger coaches); 4) freight coaches; 5) special-purpose railway rolling train. The CU TR 001/2011 requirements are necessary for the design and production of the railway rolling train and its components as well as product conformity assessment.  The CU TR 001/2011 does not apply to the railway rolling trains for specialized use (for industrial transportation), which belong to companies and are designed to carry people and material valuables in the premises of companies and perform terminal operations for companies’ own needs.  Operation requirements to the railway rolling stock in terms of train safety control are set out in the rail transport legislations of the CU Member-States.  The Technical Regulation imposes requirements to the railway rolling stock and its components in order to protect life and health of people, animals and plants, safeguard property, and to prevent any actions that may mislead consumers (users) about its true purpose and safety. 2. The CU Technical Regulation “On Safety of High-Speed Rail Transport” (hereinafter – CU TR 002/2011) applies to high-speed rail transport. High-speed rail transport is the subject of the Technical Regulation CU TR 002/2011, and it includes: a) newly developed (modernized) and manufactured high-speed railway rolling stock and its components released into circulation in the customs territory of the CU Member-States for the use on public railways with 1520 mm track gauge and travel speed more than 200 km/hour;  b) high-speed rail transport infrastructure which includes: high-speed rail transport infrastructure subsystems, such as railway track, railway electric power supply, railway automation and telemechanics, railway telecommunications, as well as station buildings, structures and systems;  subsystem components and subsystem component elements of the high-speed rail transport infrastructure.  The CU TR 002/2011 requirements are necessary for the design (including survey), production, construction, erection, adjustment, startup and commissioning of high-speed railway rolling stock and its components, completed infrastructure facilities of the high-speed rail transport, as well as product conformity assessment. Operation requirements to the high-speed rail transport in terms of train safety control are set out in the rail transport legislations of the CU Member-States.  The Technical Regulation imposes requirements to the high-speed rail transport in order to protect life and health of people, animals and plants, safeguard property, and to prevent any actions that may mislead consumers (users) about its true purpose and safety. 3. The CU Technical Regulation “On Safety of Rail Transportation Infrastructure” (CU TR 003/2011) applies to the rail transportation infrastructure, including public and non-public railways. Rail transportation infrastructure is the subject of the Technical Regulation CU TR 003/2011, and it includes: a) rail transportation infrastructure subsystems, such as railway track, railway electric power supply, railway automation and telemechanics, railway telecommunications, as well as railway station buildings, structures and systems; b) subsystem components and subsystem component elements of the rail transportation infrastructure listed according to Annex 1 of the CU TR 003/2011. The CU TR 003/2011 requirements are necessary for the design (including survey), production, construction, erection, adjustment, startup and commissioning of completed rail transportation infrastructure facilities, as well as product conformity assessment. The CU TR 003/2011 does not apply to the rail transportation infrastructure designed for the trains with travel speed more than 200 km/hour (high-speed rail transport infrastructure), as well as for the railway rolling stocks for specialized use (for industrial transportation), which belong to companies and are designed to carry people and material valuables in the premises of companies and perform terminal operations for companies’ own needs.  Operation requirements to the rail transportation infrastructure in terms of train safety control are set out in the rail transport legislations of the CU Member-States.  The Technical Regulation imposes requirements to the rail transportation infrastructure in order to protect life and health of people, animals and plants, safeguard property, and to prevent any actions that may mislead consumers (users) about its true purpose and safety.