By the Decision of the Eurasian Economic Commission (EurAsEC) No 293 dated 25.12.2012 there were approved the Common Forms of the Certificate of Conformity and the Declaration of Conformity to Technical Regulations of the Customs Union(Customs Union Certificate-EAC).
Certificates can be issued according to the Technical Regulations of the Customs Union.
Customs Union Certificate-EAC
(TR CU Certificate of Conformity or EAC Certificate)
This document certifies the compliance of the products with the requirements of the Customs Union. In the same time, enables marketing and installation of approved products in the territory of the Customs Union without any additional requirements and additional assessment or permission (such as Rostechnadzor RTN Approval) procedures.
TR Customs Union Certification EAC (TR CU) can be issued for certain quantity, shipment base or for serial production up to 5 years.
The Certificate of Conformity of the CU can only be issued by certification bodies entered in the Unified Register of certification bodies and testing laboratories (centers) of the Customs Union. Main schemes of the certification are:
Scheme 1с : TR Customs Union Certification EAC (TR CU) for products produced in quantity
Scheme 3с : TR Customs Union Certification EAC (TR CU) for a batch of products
Scheme 4с : TR Customs Union Certification EAC (TR CU) for a single product (unit certification)
To provide TR Customs Union Certification EAC (TR CU), factory audit by Experts and sample testing is required. Also, annual inspection control will be applied in the certificate validation period. All Certificates of Conformity of the Customs Union are registered in the Unified Register of certificates of conformity issued using a common form.
Any certificate require a local Applicant Company, which is representing the Producers in the abroad. This company should be registered in the territory of Customs Union.
Customs Union Declaration
(TR CU Declaration of Conformity)
A similar document to the above mentioned certificate. According to the valid publications of EurAsEC, all products divided into two parts and for some of them it is enough to issue TR CU Declaration of Conformity.
TR CU Declaration of Conformity can be issued for certain quantity, shipment base or for serial production up to 5 years.
To provide Customs Union Declaration of Conformity, factory audit by Experts and physical sample testing is NOT required. Annual inspection control is not applicable in the certificate validation period. All Declaration of Conformity of the Customs Union are registered in the Unified Register of Declaration of conformity issued using a common form.
Any Customs Union Declaration require a local Applicant Company, which is representing the Producers in the abroad. This company should be registered in the territory of Customs Union.
Properties of EAC mark
Dimensions: The size of the mark should be not less than 5 mm
The size and design of the mark should guaranty legibility and visibility of the letters with the naked eyes during life time of the product.
Enforced Technical Regulations
ТR СU 004/2011 On safety of low voltage equipment
ТR СU 005 2011 On safety of packages
ТR СU 006/2011 On safety of fireworks
ТR СU 009/2011 On safety of perfumes and cosmetics
ТR СU 010/2011 On safety of machinery and equipment
ТR СU 012/2011 On safety of equipment for work in explosive environments
TR CU 032/2013. Technical Regulations of the Customs Union «On the safety equipment of high pressure
ТR СU 017/2011 On safety of light industry products
TR CU 020/2011 Electromagnetic compatibility of technical equipment
ТR СU 021/2011 On safety of food products
ТR СU 022/2011 Food products in terms of its marking
ТR СU 025/2012 On safety of furniture
ТR СU 026/2012 On safety of small crafts
ТR СU 027/2012 On safety of certain types of specialized food products, including foods for dietary treatment and dietary preventive nutrition
ТR СU 028/2012 On safety of explosives and products based on them
ТR СU 029/2012 Requirements for the safety of food additives, flavorings and technological aids
ТR СU 030/2012 On requirements for lubricants, oils and special fluids
ТR СU 031/2012 On safety of agricultural and forestry tractors and their trailer
ТR СU 018/2011 On safety of wheeled vehicles
ТR СU 019/2011 On safety of personal protective equipment
ТR СU 001/2011 On safety of railway rolling stock
ТR СU 002/2011 On safety of high-speed railway transport
ТR СU 003/2011 On safety of railway transport infrastructure
ТR СU 007/2011 On safety of products, intended for children and adolescents
ТR СU 008/2011 On safety of toys
ТR СU 011/2011 Safety of lifts
ТR СU 013/2011 On requirements to automobile and aviation gasoline, diesel and marine fuel, jet fuel and heating oil
ТR СU 014/2011 Safety of motor road
ТR СU 015/2011 On safety of grain
ТR СU 016/2011 On safety of devices operating on gaseous fuel
ТR СU 023/2011 Technical regulation for juice products of fruits and vegetables
ТR СU 024/2011 Technical regulation on oil and fat products
1. There will be several important changes in certification procedure. First, the applicant for certification and declaration procedure for serial production shell be local company only.
2. But the second change is more essential than the first one. Factory audit becomes obligatory for certification procedure. Of course, we would like to find the easiest way to fulfil those obligations.
There are some important details which you have to know about Custom Union certification and Customs Union Declaration.
1. This certificate was introduced into practice to make easier import and export between 3 countries – Russia, Belarus and Kazakhstan.
2. Pay your attention that it may be obligatory in addition to get Minpromtorg licenses or notifications to clear customs, but it’s outside of certification scope. As a rule a holder of such licenses must be only importer but not manufacturer.
3. Custom Union Certificate cannot replace all kind of special and voluntary certificates in those countries like Telecom certificate, Ex-proof certificate,Customs Union ATEX Certifice (EAC-EX),Russian Fire safety certificate and so on…
4. There is no voluntary Custom Union certification at all.
5. Certification procedures to get Custom Union Certificate are common in 3 countries. Those procedures are based on Technical Reglaments (Technical Reglament is more legislation act than technical).
6. You must mark your product by common certification mark – EAC.
7. Validity period may be up to 5 years in accordance with Technical Reglaments.
8. We can accept CB, EN test reports to issue Custom Union certificate without retesting, but factory audit is obligatory. We can accept CIG23 report from our authorized partners.
9. An applicant for certification and declaration must be local (on Custom Union territory) company only.
If there is no “Technical Regulation” in the Customs Union or in Russia for a product, but proof of conformity is compulsory, a GOST R Certificate or a Declaration of Conformity is still required for the export. Certified products must be identified with the GOST R conformity symbol.
Products, whose safety is not subject to any legal requirements in Russia and in the Customs Union, may granted a voluntary certification with the objective of confirming the conformity with the various regulations and normative-technical documents.
The voluntary certification may be based on standards (national, European, international, industry standards, etc.), approved normative-technical documents or specific product properties.
Labelling with the symbol of a voluntary GOST R certification is permitted.
General Introduction into Customs Union
On January 1, 2010, the Russia-Kazakhstan-Belarus Customs Union came into effect and as of July 1, 2011, all customs borders between these three states were removed.
As a result, customs clearance of goods originating in any of these three states, along with goods that have been imported into one of these three states from other countries and released for free circulation, may be transferred between the three states without undergoing customs clearance and customs control procedures.
In August 2012, Russia joined the WTO which created customs tariff changes for the Customs Union. In the end, it is believed that Russia’s entrance into the WTO will equalize trade among the Customs Union and its trading partners. It is interesting to note that Russia was granted a 3 – 7 year transition period to make a full integration. But some of the most protected industries, such as the automotive market, will not transition to the new rates until the end of this period.
The key aspects in the legislation of the Customs Union include:
Customs Duties by Location
Russia 87.97 %
Belarus 7.33 %
Kazakhstan 4.70 %
1) A Common Economic Space – an economic union which is the ultimate integration of the three countries to achieve common economic development goals followed by the harmonization of the three countries’ various policies, including their economic policy and industrial support policies. The formal establishment of the Economic Union will take some time and effort.
2) Customs duties are posted to a general account and then distributed among the member states of the Customs Union according to a national budget:
Regarding VAT related to trade between the member states, VAT is refunded to the seller of goods in one country (the exporter) while the purchaser in the other country (the importer) pays VAT to the tax authorities of its country. VAT rates are 18 percent in Russia, 20 percent in Belarus and 12 percent in Kazakhstan. It is unlikely that these rates will be unified in the foreseeable future.
Prospects for the future of the Customs Union
The pace of integration towards a unified economic zone has been accelerated through the political leadership of the member states with a long term goal of creating a free space similar to the European Union.
After 16 years of accession negotiations, Russia finally joined the WTO in August 2012 which will have a positive impact on the economy in the long term. The membership of Kazakhstan in the WTO could take place in 2014.
Other countries have expressed an interest in joining the union including Kyrgyzstan and Tajikistan.
The Custom Union’s unified economic zone is becoming increasingly salient in global trade relations, particularly between Europe and Asia. European Union standards have been evident in the emerging technical regulations and rules of the Customs Union and the Single Economic Space right from the start. Experts believe that this will lead to the establishment of an EU-associated free trade area in a portion of the CIS territory as early as 2015 – 2020.
News on Product Certification Legislation(customs union certificate)
The technical regulations are definitions of standards which establish the characteristics of products and their production processes in terms of quality, security, technical requirements, etc. The new legislation has been established to replace the old GOSTR standard which no longer reflects the requirements of modern production and industry. The so called GOSTR which stands for “Gosudarstvenniy standard” or “state standard” is a concept that first appeared in 1928 and had become over the years a formality with certificates being issued often without any further request of documents or samples. Product certification had become to a certain extend a business in which the main concepts of security and quality had disappeared.
In 2003, the Federal law № 184-FЗ “On technical regulation” came into force and GOST and sanitary standards were partially replaced by technical regulations.
The CU Technical Regulations imply obligatory requirements in the field of product security in terms of health, security of property, protection of the environment, energetic efficiency, etc.
With the creating of the Customs Union of Russia, Belarus and Kazakhstan, a unified product certification system became indispensable and in 2010, the three countries decided to introduce the Technical Regulations of the Customs Union. The competences regarding the establishment of the Technical Regulations, as well as the coordinating and controlling function related to it, were assigned to the Commission of the Customs Union. Within the Technical Regulations of the Customs Union, abbreviated as “TR TS” or “TR CU”, the Commission established moreover, a unified list of products for which conformity according to the Technical regulations is obligatory.
Starting from January 1, 2012 with the new Technical Regulations of the Customs Union(customs union certificate) coming into force step by step, the respective national standards will no longer be valid. For example, on February 15, 2013, when the Technical Regulation on the security of elevators came into force, the national norms in this respect expired.
The scheme, elaborated by the Customs Union, introduced 49 regulations of which currently 21 have already come into force, 13 have been approved and another 15 still need to be approved. For goods and machines which have been proved to be compliant with the Technical Regulations, a conformity declaration or certificate is issued. In both cases, the applicant body needs to provide documents assessing the compliance to the security standards such as technical data sheets, construction plans and instructions for use. For the export of used machinery, an assessment in terms of conformity to TR standards is not required although evidence on the remaining useful value needs to be given.
The issued conformity documents are valid in the whole territory of the Customs Union, i.e. Russia, Belarus and Kazakhstan. During the transitional period until 2015, old GOST certificates which are still valid can be used until their expiration date.
One of the new aspects, and probably also the most discussed one is related to the application for conformity certificates or declarations. The applicant body for a TR TS document needs to be a legal entity of one of the countries of the Customs Union which is due to the fact that the responsibility for the certification process, but
also for the security of the product itself, is assumed by the applicant body. The role of the applicant may be performed by the local manufacturer in case of goods manufactured within the Customs Union or by the importer of goods in case the manufacturer is
a foreign company. In the declaration of conformity, for example, the relationship between exporter and importer is put in evidence by indicating the number and date of the delivery contract. The applicant in the certification process can also be another authorized legal entity. Such authorization cannot be given through a simple power of attorney but with a contract on the assumption of responsibility for the quality of the goods.
TR documents may be issued for a certain delivery with indication of the invoice and attachment to the delivery contract or for serial production. Nevertheless, a conformity certificate for serial production also requires additional quality control in the form of an inspection of the production site by representatives of the certification authorities. Both types of conformity documents may be issued for a period from 1 up to 5 years whereas for conformity declarations, a validity of 5 years will rarely be adopted and only with additional obligations.
Moreover, conformity declarations are distinguished by seven schemes, starting from 1D for the lowest level of danger and products whose safety factors are resistant to changes in production and use, arriving up to 7D for complex products with high safety risk indicators with requirements increasing respectively.
Such classification norms, as the new legislation in a whole, are aiming to increase the transparency of the certification process and to simplify the import of goods into countries of the Customs Union as well.