The procedure for changing and canceling technical regulations. On the procedure for the development, adoption, amendment and cancellation of the technical regulations of the Eurasian Economic Union

As a basis for the development of draft technical regulations, International Standards should be used in whole or in part, except for the following cases:

if such use is deemed impossible due to climatic and geographical features Russian Federation, technical and/or technological features;
if the Russian Federation, in accordance with established procedures, opposed the adoption international standards or some of their provisions.

National standards can also be used in whole or in part as a basis for developing draft technical regulations.

Before the date of entry into force of the technical regulation, the Government of the Russian Federation approves a list of national standards containing the rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and execution of the adopted technical regulation and for conformity assessment.

In the absence of these national standards in relation to certain requirements of the technical regulation or objects of technical regulation, the Government of the Russian Federation, before the date of entry into force of the technical regulation, approves the rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and implementation of the adopted technical regulations and the implementation of conformity assessment.

In order to ensure compliance of technical regulation with the interests national economy, the level of development of the material and technical base and the level of scientific and technological development, as well as international norms and rules, the Government of the Russian Federation approves a program for the development of technical regulations (indicating the form for their adoption), the implementation of which is fully or partially financed by federal budget and which must be updated and published annually. Technical regulations can also be developed outside the approved program.

Any person can be a developer of a draft technical regulation. The technical regulation is adopted by a federal law or a decree of the Government of the Russian Federation and enters into force no earlier than six months from the date of its official publication.

The procedure for the development and adoption of technical regulations includes:

1. Publication of a notice of a draft technical regulation in printed edition federal executive body for technical regulation and information system general use in electronic digital form. Such a printed publication is the Bulletin federal agency on technical regulation and metrology.
2. From the moment of publication of a notice on the development of a draft technical regulation, the relevant draft technical regulation shall be available to interested persons for familiarization. The developer is obliged, at the request of the interested person, to provide him with a copy of the draft technical regulation. The fee charged for the provision of this copy may not exceed the cost of its production.

The developer finalizes the draft technical regulation taking into account the comments received in writing from interested parties, conducts a public discussion of the draft technical regulation and compiles a list of comments received in writing from interested parties with summary the content of these comments and the results of their discussion. The period of public discussion of a draft technical regulation from the date of publication of a notice on the development of a draft technical regulation to the day of publication of a notice of completion of the public discussion may not be less than two months.

3. Notification of the completion of the public discussion of the draft technical regulation must be published in the printed edition of the federal executive body for technical regulation and in the public information system in electronic digital form.
4. The submission by the subject of the right of legislative initiative of the draft federal law on technical regulations to the State Duma is carried out in the presence of the following documents:
- justification for the need to adopt a federal law on technical regulations indicating those requirements that differ from the provisions of the relevant international standards or mandatory requirements operating on the territory of the Russian Federation at the time of development of the draft technical regulation;
- financial and economic justification for the adoption of the federal law on technical regulations;
- documents confirming the publication of a notification on the development of a draft technical regulation;
- documents confirming the publication of a notice of completion of the public discussion of the draft technical regulation;
- a list of comments received in writing from interested parties.

The draft federal law on technical regulations, submitted to the State Duma, together with the said documents, shall be sent by the State Duma to the Government of the Russian Federation. Within 90 days, the Government of the Russian Federation sends a response to the draft federal law on technical regulations to the State Duma, prepared taking into account the conclusion of the expert commission on technical regulation.

5. The draft federal law on technical regulations, adopted by the State Duma in the first reading, is published in the printed edition of the federal executive body for technical regulation and in the public information system in electronic digital form.

Amendments to the draft federal law on technical regulations adopted in the first reading after the deadline for their submission are published in the public information system in electronic digital form no later than one month before the State Duma considers the draft federal law on technical regulations in the second reading.

A draft federal law on technical regulations prepared for the second reading shall be sent by the State Duma to the Government of the Russian Federation not later than 60 days before the said draft is considered by the State Duma in the second reading. The Government of the Russian Federation shall, within 60 days, send a response to the draft federal law on technical regulations to the State Duma, prepared taking into account the conclusion of the expert commission on technical regulation.

6. A draft resolution of the Government of the Russian Federation on technical regulations, developed in accordance with the established procedure and prepared for consideration at a meeting of the Government of the Russian Federation, is sent for examination to the relevant expert commission on technical regulation no later than 30 days before the day of its consideration. Further, the draft resolution of the Government of the Russian Federation on technical regulations is considered at a meeting of the Government of the Russian Federation, taking into account the conclusion of the relevant expert commission on technical regulation.
7. Examination of draft technical regulations is carried out by expert commissions for technical regulation, which, on an equal basis, include representatives of the federal executive authorities, scientific organizations, self-regulatory organizations, public associations entrepreneurs and consumers. The procedure for the creation and operation of expert commissions for technical regulation is approved by the Government of the Russian Federation. The federal executive body for technical regulation approves the composition of expert commissions for technical regulation and ensures their activities. Meetings of expert commissions on technical regulation are open.

The draft resolution of the Government of the Russian Federation on technical regulations must be published in the printed edition of the federal executive body for technical regulation and posted in the public information system in electronic digital form no later than 30 days before the date of its consideration at a meeting of the Government of the Russian Federation.

8. If the technical regulation is inconsistent with the interests of the national economy, the development of the material and technical base and the level of scientific and technological development, as well as international norms and rules put into effect in the Russian Federation in the prescribed manner, the Government of the Russian Federation is obliged to start the procedure for amending the technical regulation or cancellation of technical regulation.
9. In exceptional cases, to ensure the safety of products, as well as in the event of an immediate threat to the life or health of citizens, environment it is necessary to immediately adopt a normative legal act on technical regulations. In such cases, there is a special procedure for the development and adoption of technical regulations, under which the President of the Russian Federation has the right to issue a technical regulation without its public discussion.

The Russian Federation adopted technical regulations “On the safety of machinery and equipment”, “On the safety building materials and products”, “On the safety of medicines”, “On electromagnetic compatibility”, “On the safety of wheeled Vehicle”, “On the safety of medical devices”, “On the safety of chemical products”, “On the safety of food products”, “On the safety of packaging”.

In order to establish in the customs territory Customs Union uniform mandatory for the application and fulfillment of requirements for manufactured and imported products are the technical regulations of the Customs Union.

In the period from 2011 to 2014, more than 20 technical regulations were developed and approved, including the technical regulations "On the safety of toys", "On the safety of products intended for children and adolescents", "On the safety of perfumery and cosmetic products", "On the safety Food Products” and “Technical Regulations for Juice Products from Fruits and Vegetables”.

Taking into account the importance of quality control of goods intended for children, the technical regulation of the Customs Union "On the safety of products intended for children and adolescents" was adopted, approved by the Decision of the Board of the Eurasian Economic Commission dated 05.03.2013 No. 28.

Products covered by the technical regulation include:

products for child care (milk nipples, pacifiers, dishes, cutlery, sanitary and haberdashery products, toothbrushes and gum massagers);
clothing, textiles, leather and fur, knitwear and ready-made piece textiles;
shoes and leather goods;
baby carriages and bicycles;
publishing books and magazines, school stationery.

The technical regulation does not apply to:

for products designed and manufactured for medical use;
for products for baby food;
for perfumery and cosmetic products;
for sports products and equipment;
on the study guides, textbooks, electronic educational publications;
for toys, printed board games;
for furniture;
for products made to order.

The Technical Regulations of the Customs Union "On the safety of toys" of 2012 was developed in order to establish uniform mandatory requirements for the use and implementation of requirements for toys in the territory of the Customs Union in order to protect the life and health of children and persons looking after them, as well as to prevent misleading actions purchasers (consumers) of toys regarding their purpose and safety.

When using a toy, the risk of harm to health due to contact with chemicals in the respiratory tract, on the skin, mucous membranes, eyes or stomach should be minimized. The level of migration and the release of harmful chemicals from toys must comply with the hygienic safety requirements established by the technical regulations.

Hygienic safety requirements for toys include:

1. Organoleptic indicators (smell, taste).
2. Physical factors(sound level, electrostatic field strength level, radio frequency electromagnetic field strength level, electric field strength level, intensity level of the integral infrared radiation flux, local vibration level, specific effective activity of natural radionuclides).
3. Sanitary and chemical indicators (migration of harmful chemicals into the model environment, the list of which is determined depending on chemical composition material).
4. Toxicological and hygienic indicators (irritating effect on mucous membranes, toxicity index).
5. Microbiological indicators (total number of microorganisms, yeast, etc.).

Availability of certificates of conformity of the declared materials used by the manufacturer in children's toys, clothing and footwear to the requirements Russian legislation is a mandatory condition at the time of crossing the state border.

Radio-controlled models of military equipment, helicopters, airplanes, cars and children's radio intercoms move across the border with the conclusion of the Committee of the Russian Federation for Radio Frequency Control on the admissibility of such devices in the territory of the Customs Union.

All of the above documents for children's products confirm compliance with the standards established in the standards for the following indicators: composition of raw materials, color fastness to washing, sweat, friction, hygroscopicity, air permeability, specific surface electrical resistance, free formaldehyde content, etc.

1. A technical regulation may be adopted by an international treaty of the Russian Federation, subject to ratification in the manner established by law Russian Federation, or in accordance with an international treaty of the Russian Federation, ratified in the manner prescribed by the legislation of the Russian Federation. Such technical regulations are developed, adopted and canceled in the manner adopted in accordance with the international treaty of the Russian Federation, ratified in the manner prescribed by the legislation of the Russian Federation.

Before the entry into force of a technical regulation adopted by an international treaty of the Russian Federation subject to ratification in the manner prescribed by the legislation of the Russian Federation, or in accordance with an international treaty of the Russian Federation ratified in the manner established by the legislation of the Russian Federation, the technical regulation may be adopted by decree of the President of the Russian Federation , or a decree of the Government of the Russian Federation, or a regulatory legal act federal executive body for technical regulation in accordance with the provisions of this federal law.

The technical regulations developed in accordance with the procedure established by this article shall be adopted by a decree of the Government of the Russian Federation.

(as amended by Federal Law No. 104-FZ of April 5, 2016)

(Clause 1 as amended by Federal Law No. 255-FZ of July 21, 2011)

2. The developer of a draft technical regulation may be any person.

3. A notification about the development of a draft technical regulation must be published in the printed edition of the federal executive body for technical regulation and in the public information system in electronic digital form.

The notification on the development of a draft technical regulation should contain information on which products or what processes of design (including surveys), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal related to the requirements for it will be established by the developed requirements, with a brief statement of the purpose of this technical regulation, a justification for the need for its development and an indication of those requirements being developed that differ from the provisions of the relevant international standards or mandatory requirements in force on the territory of the Russian Federation at the time of the development of the draft of this technical regulation, and information on how to familiarize yourself with draft technical regulation, the name or surname, name, patronymic of the developer of the draft technical regulation, postal address and, if available, the address Email on which comments from interested parties should be received in writing.

(as amended by Federal Law No. 65-FZ of May 1, 2007)

4. From the moment of publication of a notice on the development of a draft technical regulation, the relevant draft technical regulation shall be available to interested persons for familiarization. The developer is obliged, at the request of the interested person, to provide him with a copy of the draft technical regulation. The fee charged for the provision of this copy may not exceed the cost of its production.

The developer is obliged to keep the comments received in writing from interested parties until the date of entry into force of the technical regulation adopted by the relevant regulatory legal act and provide them to representatives of state authorities and the expert commissions for technical regulation specified in paragraph 9 of this article at their request.

(as amended by Federal Law No. 104-FZ of April 5, 2016)

The period of public discussion of a draft technical regulation from the date of publication of a notice on the development of a draft technical regulation to the day of publication of a notice of completion of the public discussion may not be less than two months.

5. Notification of the completion of the public discussion of the draft technical regulation must be published in the printed edition of the federal executive body for technical regulation and in the public information system in electronic digital form.

The notification of the completion of the public discussion of the draft technical regulation should include information on the method of familiarization with the draft technical regulation and the list of comments received in writing from interested parties, as well as the name or surname, name, patronymic of the developer of the draft technical regulation, postal address and, if available, address e-mail, through which the developer can be contacted.

From the date of publication of the notice of the completion of the public discussion of the draft technical regulation, the finalized draft technical regulation and the list of comments received in writing from interested parties should be available to interested parties for review.

6. The federal executive body for technical regulation is obliged to publish notices in its printed publication about the development of a draft technical regulation and the completion of the public discussion of this draft within ten days from the date of payment for the publication of notices. The procedure for publishing notifications and the amount of payment for their publication are established by the Government of the Russian Federation.

8.1. The draft resolution of the Government of the Russian Federation on technical regulations, developed in accordance with the procedure established by paragraphs 2-6 of this article and prepared for consideration at a meeting of the Government of the Russian Federation, no later than thirty days before the day of its consideration, is sent for examination to the appropriate expert commission on technical regulation, which was established and operates in the manner prescribed by paragraph 9 of this article. The draft resolution of the Government of the Russian Federation on technical regulations is considered at a meeting of the Government of the Russian Federation, taking into account the conclusion of the relevant expert commission on technical regulation.

The draft resolution of the Government of the Russian Federation on technical regulations must be published in the printed edition of the federal executive body for technical regulation and posted in the public information system in electronic digital form no later than thirty days before the day of its consideration at a meeting of the Government of the Russian Federation. The procedure for publishing and posting the said draft resolution is established by the Government of the Russian Federation.

(Clause 8.1 was introduced by Federal Law No. 65-FZ of May 1, 2007)

9. Examination of draft technical regulations is carried out by expert commissions for technical regulation, which include representatives of federal executive bodies, scientific organizations, self-regulatory organizations, public associations of entrepreneurs and consumers on an equal footing. The procedure for the creation and operation of expert commissions for technical regulation is approved by the Government of the Russian Federation. The federal executive body for technical regulation approves the composition of expert commissions for technical regulation and ensures their activities. Meetings of expert commissions on technical regulation are open.

The conclusions of the expert commissions on technical regulation are subject to mandatory publication in the printed edition of the federal executive body for technical regulation and in the public information system in electronic digital form. The procedure for publishing such conclusions and the amount of payment for their publication are established by the Government of the Russian Federation.

10. If the technical regulation is inconsistent with the interests of the national economy, the development of the material and technical base and the level of scientific and technological development, as well as international norms and rules put into effect in the Russian Federation in the prescribed manner, the Government of the Russian Federation or the federal executive body for technical regulation are obliged to start the procedure for amending the technical regulation or canceling the technical regulation.

(as amended by Federal Laws No. 65-FZ of May 1, 2007, No. 385-FZ of December 30, 2009)

Amendments and additions to the technical regulation or its cancellation shall be carried out in the manner prescribed by this Article and Article 10 of this Federal Law in terms of the development and adoption of technical regulations.

Federal Law "On Technical Regulation"- N 184-FZ - controls the processes and relationships that appear during the development, adoption, application and execution of mandatory requirements for products or related actions for design, construction, transportation, production, installation, storage, commissioning, operation, implementation, conformity assessment, disposal, performance of work or provision of services. It does not extend its power to the area of economic rationing (for pricing, estimated rationing in construction, etc.). He deals with such issues as the procedure for the development, adoption, amendment and cancellation of technical regulations, standardization, goals, principles and forms of conformity assessment, mandatory confirmation of conformity, violation of the requirements of technical regulations, product recall, accreditation of certification bodies and testing laboratories, etc.

Development, examination, adoption, amendment and cancellation of technical regulations.

2. The Committee for Technical Regulation and Metrology of the Ministry for Investments and Development of the Republic of Kazakhstan (Kaneshev B.B.) shall ensure:

1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, sending a copy of it for official publication in periodicals and the information and legal system "Adilet";

3) placement of this order on the Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submission to the Legal Department of the Ministry for Investments and Development of the Republic of Kazakhstan of information on the implementation of the measures provided for in subparagraphs 1), 2) and 3) of paragraph 2 of this order.

3. To impose control over the execution of this order on the supervising Vice-Minister for Investments and Development of the Republic of Kazakhstan.

4. This order shall enter into force ten calendar days after the day of its first official publication.

"AGREED"

Minister of Agriculture

Republic of Kazakhstan

A. Mamytbekov

"AGREED"

Minister of Health

and social development

Republic of Kazakhstan

T. Duisenova

"AGREED"

Minister of Finance

Republic of Kazakhstan

B. Sultanov

"AGREED"

Minister of National Economy

Republic of Kazakhstan

E. Dosaev

"AGREED"

Minister of Internal Affairs

Republic of Kazakhstan

K. Kasymov

"AGREED"

Minister of Energy

Republic of Kazakhstan

Rules
development, examination, adoption, modification and cancellation
technical regulations
1. General Provisions

1. These Rules for the development, examination, adoption, amendment and cancellation of technical regulations (hereinafter referred to as the Rules) are developed in accordance with subparagraph 19) of Article 7 of the Law of the Republic of Kazakhstan dated November 9, 2004 "On Technical Regulation" (hereinafter referred to as the Law) and determine the procedure development, examination, adoption, amendment and cancellation of technical regulations.

2. These Rules do not apply to the procedures for the development, adoption, amendment and cancellation of technical regulations adopted within the framework of the Eurasian Economic Union and in the manner determined by the Treaty on the Eurasian Economic Union, concluded in Astana on May 29, 2014, ratified by the Law of the Republic of Kazakhstan dated October 14, 2014 "On Ratification of the Treaty on the Eurasian Economic Union".

2. Procedure for the development of technical regulations

3. Proposals for the development, amendment, addition or cancellation of technical regulations are prepared by state bodies whose competence includes the establishment binding rules and norms, taking into account the proposals of the technical committees for standardization, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, interested parties and are provided in authorized body in the field of technical regulation (hereinafter referred to as the authorized body).

The authorized body, on the basis of proposals, forms and approves a plan for the development of technical regulations in accordance with subparagraph 21) of Article 7 of the Law.

The technical regulation is developed in the presence of a concept approved by the Commission on technical regulation and metrology, created by the Decree of the Government of the Republic of Kazakhstan dated June 12, 2010 No. 558 "On the establishment of the Commission on technical regulation and metrology" (hereinafter referred to as the Commission).

The concept should contain:

1) the name of the technical regulation;

2) the purpose of developing technical regulations;

3) the scope and objects of the technical regulation, indicating the commodity item within the codes of the unified Commodity Nomenclature foreign economic activity the Eurasian Economic Union (hereinafter referred to as the FEACN of the EAEU);

4) subjects of entrepreneurial and other activities whose interests will be affected by the technical regulation;

5) information about the problems, the regulation of which needs to be established in order to minimize their negative impacts;

6) dangerous factors (risks);

7) information on the availability and status of the regulatory legal framework of the Republic of Kazakhstan and the Eurasian Economic Union (laws, regulations, sanitary, construction, fire and other norms and rules that establish requirements for the object of the technical regulation);

8) availability information normative documents international level (international treaties, directives, technical regulations of other countries and others);

9) information on the state of the production, testing base and the industry as a whole.

The information should contain information on the number of testing laboratories and conformity assessment bodies that have the material and technical ability to confirm the conformity of products, their geographical location and production capacities;

10) information on the measures, the adoption of which is necessary for the implementation of the technical regulation;

11) expected results from the implementation of the technical regulation, including information on the positive and negative impact of the implementation of the technical regulation on manufacturers, consumers and the country's economy as a whole, forecasting possible technical barriers;

12) information on production volumes in the Republic of Kazakhstan and volumes of imports of products subject to the developed (amendable/cancelled) technical regulation.

The state bodies responsible for the development of the draft technical regulation, before submitting the concept to the Commission, send it for consideration to interested parties. government bodies, the National Chamber of Entrepreneurs of the Republic of Kazakhstan and accredited associations of private business entities.

4. State bodies responsible for the development of the draft technical regulation:

1) place in the official print publication of the authorized body and the public information system a notification of the established form on the development of a draft technical regulation, changes and (or) additions or cancellation of the technical regulation no later than one month from the date of the start of the development of projects, changes and additions or cancellation of regulatory legal acts;

2) involve representatives of interested state bodies, expert councils in the field of technical regulation under interested state bodies, technical committees for standardization, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, accredited associations of private businesses and other interested parties in the development of a draft technical regulation;

3) organizes the analysis of the scientific and technical level of technical regulations and related standards;

4) organize a public discussion of the draft technical regulation within a period equal to at least sixty calendar days from the date of publication of the notice of their development until the day of publication of the notice of completion of the public discussion;

5) provide, at the request of the interested parties, the received comments to the draft technical regulation;

6) finalize the draft technical regulation taking into account the comments received and place it in the official print publication of the authorized body and the public information system;

7) send to the authorized body a notification of the completion of the public discussion of the draft technical regulation for placement in the official printed publication of the authorized body and the public information system, which should contain information on the method of familiarization with the draft and the list of comments received, the name of the state body that developed the draft technical regulation , his postal and email address.

5. Technical regulations are developed on the basis of scientifically substantiated and (or) statistical data.

The norms and standards of foreign states, international and regional organizations can be used as a basis for the development of technical regulations in whole or in part, if they correspond to the goals provided for in paragraph 1 of Article 4 of the Law.

6. The requirements established in the technical regulation must comply with the interests of the state policy in the field of technical regulation, the development of the material and technical base and the level of scientific and technological development, as well as the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

7. When setting the minimum necessary requirements to products or to products and processes related to product requirements, all types of risks inherent in this product at all stages of its life cycle.

8. Technical regulations that establish requirements for the same product are interconnected in order to ensure a unified composition and content of mandatory requirements for products.

9. The development of technical regulations is carried out in the following order:

1) the scope is determined, where an exhaustive list of products (according to the classifier "TN VED EAEU") and processes that are subject to the requirements established by the technical regulation and the hazards (risks) that should be avoided, as well as the criteria and methods of identification for the purposes of application of the technical regulation;

2) terms and definitions are established. The terms and definitions used in the technical regulation should not contradict the terms established by international standards and the Law, as well as the Law of the Republic of Kazakhstan dated July 5, 2008 "On accreditation in the field of conformity assessment", the Law of the Republic of Kazakhstan dated June 7, 2000 "On ensuring unity of measurements".

3) the conditions for the circulation of products on the market of the Republic of Kazakhstan are determined, where provisions are established that the products must comply with the requirements established by the technical regulations, and ways to bring information about this to the consumer (an indication of compliance with the technical regulations in the accompanying documentation, the availability of a certificate of conformity or a declaration compliance or certificate of state registration, technical or normative documentation or instructions for the correct operation or use of the product, including appropriate warnings, assembly diagrams, and others);

4) requirements are established for the safety of products and processes of its life cycle, where, taking into account the degree of risk of causing harm, the minimum necessary requirements are established to ensure their safety. The technical regulation, taking into account the degree of risk of causing harm, may contain special requirements for the objects of technical regulation in accordance with paragraph 6 of Article 18 of the Law.

Requirements are established only for products and, if necessary, for the processes of its life cycle associated with the possibility of direct harm to human life and health and the environment.

The minimum required requirements are established by specifying the required safety end result for each type of potentially dangerous factor(risk) inherent in a given product and process. At the same time, methods for achieving the safety goal are not regulated, except for cases when given goal can only be achieved by using this method.

Numeric values specifications products can be established in cases where they have a constant value: "no more", "no less", "no content is allowed".

Safety indicators can be issued as an annex to the technical regulation.

If it is impossible to determine the requirements for products, the long-term use of which can cause harm, the occurrence of which depends on factors that do not allow determining the degree of acceptable risk, the technical regulation should contain requirements regarding informing the consumer about the possible harm to products and the factors on which it depends;

5) rules for sampling and testing products, rules and forms of conformity assessment, including conformity assessment schemes may be established (the choice of forms and schemes for conformity assessment should be carried out taking into account the total risk from an unreliable assessment and damage from the use of products that have passed conformity assessment) and (or) requirements for terminology, packaging, marking or labeling and rules for their application;

6) the terms and conditions for the entry into force of the technical regulation are established, establishing the time transition period, during which issues should be taken into account for the introduction of technical regulations, the development and (or) adjustment of normative or technical documentation, as well as issues related to the release of products;

7) a list of standards is established as a result of the application of which, on a voluntary basis, compliance with the requirements of the technical regulation is ensured, as well as a list of standards containing the rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and implementation of the requirements of the technical regulation and assessment (confirmation) of conformity of products (hereinafter referred to as lists), which are drawn up as an annex to the draft technical regulation.

The development of lists is carried out by including in them regulatory documents on standardization in the forms provided for in Appendix 1 and to these Rules.

The state bodies responsible for the development of the draft technical regulation ensure the preparation and submission to the authorized body at least once a year of reasonable proposals for making changes and updating the lists based on the results of monitoring the adoption, application, updating and cancellation of the relevant standards.

10. The requirements established by paragraphs 7 and these Rules do not partially apply to independent technical regulations that establish only requirements for conformity assessment procedures, with the exception of the requirements provided for by the Law.

3. Examination of technical regulations

11. Draft technical regulation, copies of feedback from interested organizations, a summary of feedback reflecting the submitted comments and suggestions to the draft technical regulation and drawn up in a tabular form indicating the author of the comments and suggestions, the current and proposed edition, as well as the conclusion of the developer on the comments and suggestions submitted are sent for consideration to:

1) an authorized body in order to establish compliance with the goals provided for in paragraph 1 of Article 4 of the Law and international treaties in the field of technical regulation;

2) interested state bodies and (or) expert councils, in order to establish the sufficiency of the minimum necessary requirements to ensure the safety of products and (or) processes, compatibility of requirements with the international obligations of the republic, compliance with the scientific and technical level of development and material and technical base.

Consideration of the draft technical regulation and the materials attached to it, set out in this paragraph, is carried out within 30 (thirty) calendar days from the date of their receipt.

12. The state bodies responsible for the development of the draft technical regulation, after receiving the conclusions, as well as comments and suggestions in accordance with paragraph 11 of these Rules, within 30 (thirty) calendar days, send the finalized draft technical regulation to the authorized body, which organizes its adoption for consideration by the Commission.

Based on the results of the meeting of the Commission, a protocol is drawn up and sent to the state bodies responsible for the development of the draft technical regulation within 10 (ten) calendar days.

4. Adoption, amendment and cancellation of technical regulations

13. Adoption and cancellation of technical regulations are carried out in accordance with Article 19 of the Law, as well as in accordance with the Law of the Republic of Kazakhstan dated March 24, 1998 "On regulatory legal acts".

14. Amendments and additions to the technical regulations are carried out in accordance with Chapters 2 and these Rules.

The list of standards, as a result of the application of which
on a voluntary basis, compliance
requirements of the technical regulation

Notes:

1. Column 2 indicates the elements of the technical regulation, compliance with which can be ensured by fulfilling the requirements of the standard (paragraph, subparagraph, paragraph, article, appendix).

2. Column 3 indicates the designation of the standard as a whole and/or sections (paragraphs, subparagraphs) of the standard, if compliance with the requirements of the technical regulation can be ensured by the use of individual sections (paragraphs, subparagraphs) of the standard.

List of standards containing the rules and methods of research
(tests) and measurements, including sampling rules,
necessary for the application and fulfillment of the requirements
technical regulations and implementation
evaluation (confirmation) of product conformity

Notes:

1. Column 2 indicates the elements of the technical regulation, compliance with which can be confirmed by applying the rules and methods of research (tests) and measurements, including the rules for sampling established in the standard (paragraph, subparagraph, paragraph, article, appendix).

2. Column 3 indicates the designation of the standard as a whole and/or sections (clauses, sub-clauses) of the standard, if the application of individual sections (clauses, sub-clauses) of the standard can be ensured for the assessment (confirmation) of product compliance with the requirements of the technical regulation.

3. Column 5 shall contain information on the expiration date of the application of the standard, which has been replaced by a replacement standard (day - in two Arabic numerals, month - in two Arabic numerals, year - in four Arabic numerals), and (or) information on the establishment, if necessary, of a transition period during which both the superseded and the superseding standard may apply.

Article 10 1. The developer sends a proposal to the subject of the legislative initiative to submit a draft technical regulation for consideration by the State Duma of the Federal Assembly of the Russian Federation. The subject of the right of legislative initiative has the right to apply to the Government of the Russian Federation to obtain a response to the draft technical regulation. Draft technical regulation together with the conclusion of the expert commission, explanatory note justifying the need for its adoption, and a list of disagreements is submitted to the State Duma of the Federal Assembly of the Russian Federation by the subject of the legislative initiative in the prescribed manner.

2. The developer of a draft technical regulation adopted by a decree of the Government of the Russian Federation sends a proposal to submit a draft technical regulation for consideration by the Government of the Russian Federation at its own discretion to members of the Government of the Russian Federation, federal executive authorities and other state authorities.
If a decision is made to submit a draft technical regulation for consideration by the Government of the Russian Federation, the draft technical regulation, together with the opinion of the expert commission, an explanatory note substantiating the need for its adoption, and a list of disagreements, shall be submitted for consideration by the Government of the Russian Federation without discussion with interested bodies and organizations.
The Government of the Russian Federation, within a period of not more than one month, considers the submitted draft technical regulation at a meeting of the Government of the Russian Federation.
3. The State Duma of the Federal Assembly of the Russian Federation considers the draft technical regulation in three readings.
The draft technical regulation in the first reading is voted as a whole, amendments to it are not allowed. In case of rejection, the draft technical regulation undergoes a revision procedure in accordance with the requirements established by Article 9 of this Federal Law.
When considering a draft technical regulation in the second reading, amendments to the draft technical regulation in terms of changing the requirements for the technical characteristics of products, processes (methods) of production, operation and disposal may be made subject to the procedure for their development in accordance with the requirements established by Article 9 of this Federal law.
In the third reading, the draft technical regulation is voted on as a whole, amendments to it are not allowed.
4. When the Government of the Russian Federation considers a draft technical regulation, amendments to it are not allowed. In case of rejection, the draft technical regulation undergoes a revision procedure in accordance with the requirements established by Article 9 of this Federal Law.
5. If the circumstances or goals that led to the adoption of a technical regulation have changed or ceased to exist, it is subject to change or cancellation.
The relevant federal executive body, upon the occurrence of the circumstances specified in paragraph one of this paragraph, is obliged to begin the procedure for changing or canceling the technical regulation.
The notification on the development of amendments and additions to the technical regulation is published in the manner established for the development of the technical regulation. Amendments and additions to the technical regulations are carried out in the manner prescribed for newly developed technical regulations.
6. A technical regulation cannot be put into effect earlier than six months after its official publication.
The timing of the entry into force of a technical regulation adopted by a decree of the Government of the Russian Federation is determined by the Government of the Russian Federation upon adoption of the said technical regulation.
7. The Government of the Russian Federation, within three months from the date of the official publication of this Federal Law, to adopt a program for the development of technical regulations. In the future, such a program should be updated annually in accordance with the procedure for developing technical regulations.

The technical regulation may be adopted by an international treaty of the Russian Federation, subject to ratification in the manner prescribed by the legislation of the Russian Federation, or in accordance with an international treaty of the Russian Federation, ratified in the manner established by the legislation of the Russian Federation. Such technical regulations are developed, adopted and canceled in the manner adopted in accordance with the international treaty of the Russian Federation, ratified in the manner prescribed by the legislation of the Russian Federation.

Before the entry into force of a technical regulation adopted by an international treaty of the Russian Federation subject to ratification in the manner prescribed by the legislation of the Russian Federation, or in accordance with an international treaty of the Russian Federation ratified in the manner established by the legislation of the Russian Federation, the technical regulation may be adopted by decree of the President of the Russian Federation , or a decree of the Government of the Russian Federation, or a regulatory legal act of the federal executive body for technical regulation in accordance with the provisions of this Federal Law.

The technical regulations developed in accordance with the procedure established by this article shall be adopted by a decree of the Government of the Russian Federation.

Any person can be a developer of a draft technical regulation.

A notification about the development of a draft technical regulation must be published in the printed edition of the federal executive body for technical regulation and in the public information system in electronic digital form.

The notification on the development of a draft technical regulation should contain information on which products or what processes of design (including surveys), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal related to the requirements for it will be established by the developed requirements, with a brief statement of the purpose of this technical regulation, a justification for the need for its development and an indication of those requirements being developed that differ from the provisions of the relevant international standards or mandatory requirements in force on the territory of the Russian Federation at the time of the development of the draft of this technical regulation, and information on how to familiarize yourself with draft technical regulation, the name or surname, first name, patronymic of the developer of the draft technical regulation, postal address and, if available, e-mail address, which should be used to receive comments in writing of interested parties.

From the moment of publication of the notification on the development of a draft technical regulation, the relevant draft technical regulation should be available to interested persons for familiarization. The developer is obliged, at the request of the interested person, to provide him with a copy of the draft technical regulation. The fee charged for the provision of this copy may not exceed the cost of its production.

The notice of the completion of the public discussion of the draft technical regulation must be published in the printed edition of the federal executive body for technical regulation and in the public information system in digital form.

The federal executive body for technical regulation is obliged to publish notices on the development of a draft technical regulation and the completion of a public discussion of this draft within ten days from the date of payment for the publication of notices in its printed publication. The procedure for publishing notifications and the amount of payment for their publication are established by the Government of the Russian Federation.

The draft resolution of the Government of the Russian Federation on technical regulations, developed in accordance with the procedure established by paragraphs 2-6 of this article and prepared for consideration at a meeting of the Government of the Russian Federation, no later than thirty days before the day of its consideration, is sent for examination to the appropriate expert commission on technical regulation, which was established and operates in the manner prescribed by paragraph 9 of this article. The draft resolution of the Government of the Russian Federation on technical regulations is considered at a meeting of the Government of the Russian Federation, taking into account the conclusion of the relevant expert commission on technical regulation.

The draft resolution of the Government of the Russian Federation on technical regulations must be published in the printed edition of the federal executive body for technical regulation and posted in the public information system in electronic digital form no later than thirty days before the day of its consideration at a meeting of the Government of the Russian Federation. The procedure for publishing and posting the said draft resolution is established by the Government of the Russian Federation.

Examination of draft technical regulations is carried out by expert commissions for technical regulation, which include representatives of federal executive bodies, scientific organizations, self-regulatory organizations, public associations of entrepreneurs and consumers on an equal footing. The procedure for the creation and operation of expert commissions for technical regulation is approved by the Government of the Russian Federation. The federal executive body for technical regulation approves the composition of expert commissions for technical regulation and ensures their activities. Meetings of expert commissions on technical regulation are open.

If the technical regulation is inconsistent with the interests of the national economy, the development of the material and technical base and the level of scientific and technical development, as well as international norms and rules put into effect in the Russian Federation in the prescribed manner, the Government of the Russian Federation or the federal executive body for technical regulation are obliged start the procedure for amending the technical regulation or canceling the technical regulation.

Amendments and additions to the technical regulation or its cancellation shall be carried out in the manner provided for by this Article and Article 10 of this Federal Law in terms of the development and adoption of technical regulations.

The procedure for changing and canceling technical regulations. On the procedure for the development, adoption, amendment and cancellation of the technical regulations of the Eurasian Economic Union

Rules development, examination, adoption, modification and cancellation technical regulations 1. General Provisions

2. Procedure for the development of technical regulations

3. Examination of technical regulations

4. Adoption, amendment and cancellation of technical regulations

The list of standards, as a result of the application of which on a voluntary basis, compliance requirements of the technical regulation

List of standards containing the rules and methods of research (tests) and measurements, including sampling rules, necessary for the application and fulfillment of the requirements technical regulations and implementation evaluation (confirmation) of product conformity

Rules
development, examination, adoption, modification and cancellation
technical regulations
1. General Provisions

The list of standards, as a result of the application of which
on a voluntary basis, compliance
requirements of the technical regulation

List of standards containing the rules and methods of research
(tests) and measurements, including sampling rules,
necessary for the application and fulfillment of the requirements
technical regulations and implementation
evaluation (confirmation) of product conformity