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Agreement on control over compliance with technical regulations' requirements to come into force in EAEU
The Agreement on principles and approaches to exercising state control (supervision) over compliance with the requirements of technical regulations of the Eurasian Economic Union is to come into force on February 24, 2023.
The document establishes common principles for interaction between state authorities controlling (supervising) compliance with the requirements of technical regulations and authorities authorized to conduct accreditation when taking measures
with regard to dangerous products and unreasonably issued documents on conformity assessment. Implementation of the Agreement covers both development of new acts of the Union and harmonization of Member States' national legislation.
The Agreement provides for:
- creating mechanisms for interaction between the state control authorities and accreditation authorities both nationally and between countries with the purpose of identifying dangerous products and withdrawing them from the market, as well as prompt decision-making on suspension or termination of unreasonably issued documents on conformity assessment. To implement the mentioned mechanisms, it is planned to develop the Procedure for interaction between state control authorities and accreditation authorities;
- establishing the Procedure for consideration by the Commission of an EAEU Member State's appeal on disagreement with a measure taken following the activities performed by the state control authority of another Member State. The document will define rules for submitting and considering such appeal and the procedure for deciding on recommendations based on measures taken.
The mentioned Union acts will be adopted by the Commission's Council.
The Agreement also provides for creating a single information system on dangerous products that will ensure prompt exchange of information on measures taken between the state control authorities and accreditation authorities.
Implementation of the Agreement will increase integration of the EAEU countries in the field of state control over compliance with the mandatory requirements of technical regulations. Moreover, that will decrease the number of cases when unreasonable prohibitions in trade are enforced unilaterally.
The key principles in preparing the Agreement were presumption of good faith of market participants; ensuring consumer protection; systemic state control; independence of state control authorities from producers, sellers, service providers and consumers; priority of offence prevention over punishment.
