Technical Regulation in Belarus (Energy Efficiency, Radio/Telecom) and Eurasian Economic Union – BELLIS Letter No.: 151 dated 22.02.2018

Dear Partners,

ENERGY EFFICIENCY REQUIREMENTS: BELARUS FROM 01.09.2017/01.07.2018; EURASIAN ECONOMIC UNION FROM (approximately) 01.01.2022/01.01.2024.

Please be informed that 06.02.2018 a videoconference organized by Eurasian Economic Commission was held with participation of authorized bodies of the EAEU Member States devoted to developing unified EAEU Technical Regulation on Energy Efficiency (EE). In course of discussions, comments to the draft of the EE EAEU Technical Regulation were considered as well as dates of its approval and implementation. Taking into account a big number of serious unsolved problems and contradictions between the EAEU Member States (in particular, rules and forms of Energy Labelling (EL) and consumer informing have not been developed; a list of standards harmonized with the EE EAEU Technical Regulation is not available; metrological review of the standards has not been performed; evaluation of the regulatory impact has not been performed, etc.), the EE EAEU Technical Regulation (TR) will not be developed and approved before July 1^st 2018.

Based on proposals from the Parties, it is expected that the EE EAEU Technical Regulation will be implemented in 36 months after its approval date (that is approximately from 01.02.2022) with a transitional period of 24 months, after which the EE EAEU Technical Regulation requirements will become mandatory in the EAEU Member States (that is approximately from 01.02.2024).

On the other hand, implementation of National Energy Efficiency and Energy Labelling requirements in Belarus is being performed in accordance with the established schedule of which we informed you previously. In the beginning of February this issue was considered at the level of the Council of Ministers of Belarus, the implementation dates and product list were reconfirmed as stipulated in the Resolution of the Council of Ministers of Belarus No.: 849 dated 21.10.2016 in edition of the Resolution of the Council of Ministers of Belarus No: 77 dated 27.01.2017.

This means that in addition to the Energy Efficiency requirements that were successfully enforced in Belarus from September 1^st, 2017 for motors and external power supplies (adaptors); from July 1^st, 2018 mandatory Energy Efficiency and (where applicable) Energy Labelling requirements will be enforced for a range of household appliances (refrigerators, washing machines, air-conditioners, etc.), audio-video (TV sets, TV monitors), lighting equipment and information technology equipment (printers, scanners, etc.) – full list of covered products see ANNEX 1 to this letter. Taking into account that only 4 months are left until enforcement of the requirements and that besides Energy Efficiency certification, it’s necessary to fulfill the requirements on Energy Labelling and consumer informing (in the Russian/Belarussian language), it is recommended to start application process without delay. A sample of BELLIS Energy Efficiency Certificate and Energy Label for TV Set as an example – see in ANNEX 2.

NOTE: Taking into account a big number of inquiries, we would like to herewith clarify that personal computers, tablets, servers, notebooks are not subject from 01.07.2018 to mandatory Energy Efficiency certification requirements in acc. with the Resolutions No.: 849/77, as currently they are not included in the List of Products to the Resolution No.: 849 (ANNEX 3). 

BELLIS is finalizing development of a set of Methodological Guides on fulfilling Belarus mandatory Energy Efficiency and (where applicable) Energy Labelling requirements for each product category. Currently the Methodological Guides have been finalized and available (both in the Russian and English languages) for the following product categories: TV sets,  refrigerators and washing machines.

RADIO/TELECOM REQUIREMENTS IN BELARUS

Radio/Telecom requirements are mandatory in Belarus from 01.02.2017/01.05.2017 in accordance with the   Resolution of the Council of Ministers of Belarus No.: 849 dated 21.10.2016 in edition of the Resolution of the Council of Ministers of Belarus No: 77 dated 27.01.2017 – the list of regulated products see cl. 10 in the ANNEX 3 to this letter or via the following link http://www.bellis.by/en/news/1226-implementation-dates-of-belarus-energy-efficiency-3.html  That in particular means that in order to import to Belarus products with built-in radio modules (e.g. notebook, mobile phone, etc.) besides CU EAC Certificate, a Belarus National Radio/Telecom Approval is required.

Currently a draft of the Belarus National Technical Regulation on Radio/Telecom has been developed and is undergoing approval process in the Council of Ministers of Belarus. It will replace the requirements set forth in the Resolutions No.: 849/77. This new Technical Regulation shall broaden the scope of products which fall under Radio/Telecom requirements in Belarus. Upon its approval we will provide you detailed information on the new requirements and their enforcement date.  

RESULTS OF MARKET SURVEILLANCE ACTIVITIES IN BELARUS IN 2017. LOCAL REPRESENTATIVE AS AN APPLICANT FOR CU EAC CERTIFICATION 

Based on results of the market surveillance activities conducted in Belarus in January – December 2017 by the State Surveillance Authorities, it has been revealed that over 75% of electrotechnical products do not comply with the requirements of applicable EAEU Technical Regulations and standards. 243 EAEU Conformity Approvals were cancelled in 2017 (180 CU EAC Certificates and 63 CU EAC Declarations). Over 95% of CU EAC Certificates/Declarations for the non-conforming products has been issued/registered by the Russian Certification Bodies. Full list of cancelled CU EAC Certificates/Declarations is published on the website of the Belarus Market Surveillance Authority: http://gosstandart.gov.by/registers-of-product-bans,-certificates-and-declarations

In course of analysis of the market surveillance activity results, a range of certification bodies accredited in the Russian Federation have been identified which issue CU EAC Conformity Approvals connected with facts of supplying dangerous products to the territory of Belarus, namely:

·         “GARANT PLUS” Ltd. (Moscow), Accreditation Certificate No.: РОСС0001.11АЛ16; 36 Certificates and 2 Declarations cancelled (electrotechnical products)

·         “Sertifikatsiya productsii “STANDART-TEST” Ltd. (Moscow), Accreditation Certificate :  RA.RU.11АВ24, 12 Certificates cancelled (electrotechnical products)

·         "ROSTEST-Moscow" CJSC “Regional Body for certification and testing” (Moscow), Certificate of Accreditation No.: RU.0001.10АЯ46, 10 Certificates cancelled (electrotechnical products and clothing)

·         “Certifikatsia i ekspertiza" (Moscow), Certificate of Accreditation No.: РОСС0001.10АУ04,  9 Certificates cancelled (electrotechnical products and furniture).

It has been determined that all Certificates/Declarations for non-conformity products have been issued with violation of applicable rules and procedures (with respect to conducting tests and/or factory inspections). We would like to draw your attention that in accordance with the legislation, the manufacturers/importers shall bear responsibility not only for supplying non-conforming products, but also for supplying products with Certificates/Declarations issued with violation of the procedure. Such Certificates/Declarations can be cancelled in Belarus with applying relevant penalties. 

In course of the market surveillance activities it has been revealed that in most Certificates issued with violation of the procedure, improper local authorized representatives were indicated as Applicants – that is those who in violation of the EAEU Treaty do not place products on the market (are not importers). As a consequence, indication in the CU EAC Certificate of improper local representative as an Applicant shall be additional grounding for checking such Certificates by Market Surveillance Authorities to verify whether established certification rules and procedures have been fulfilled. Herewith it should be noted that the list of parties who can be an Applicant for Certification is determined in the EAEU Technical Regulations.

If a Technical Regulation (as CU TR 004/2011 Safety of Low Voltage equipment and CU TR 020/2011 EMC) allow to be the Applicant for certification not only to manufacturer (including foreign manufacturer), but also to a local representative authorized by the manufacturer – it should be a proper local representative that fulfills the requirements set forth in the EAEU Treaty with respect to “releasing products to the EAEU territory” and capability to bear «responsibility for non-compliance of products with the requirements of EAEU Technical Regulations.

Note: One of the most odious improper local representatives is “R-GROUP” Ltd. (Moscow), Registration No.: 7719418985, the company with founding capital of 180 USD, consisting of a few people, which being a local representative for over 190 foreign companies, in violation of the EAEU Treaty, does not place products on the EAEU territory and is not capable to bear responsibility for the products quality. In course of the market surveillance activities it has been determined that the absolute majority of the CU EAC Certificates, where “R-GROUP” Ltd. is indicated as a local representative, are issued with violation of the rules and procedures (without testing and/or factory inspections), and these Certificates are in the high risk group. Activities of “R-GROUP” Ltd. as well as legal entities affiliated with it (in particular, GMA Consult Group/”GMA Consult LP”) which perform consultancy services, have signs of fraud which is violation of legislation and further can be the basis for partners to initiate relevant claims/suits.

Information about improper local representatives as well as above listed certification bodies violating the certification rules and their cancelled certificates have been sent by Gosstandart of Belarus to the Government of the Russian Federation for initiation of relevant actions. 

ENFORCING CONTROL AFTER ISSUING/USING CU EAC CERTIFICATES FROM RUSSIAN CERTIFICATION BODIES  

Taking into account massive issuing of CU EAC Certificates by Russian Certification Bodies with violation of the certification procedure (without tests and factory inspections; using improper local representatives), Federal Customs Service of Russia enforces control after the Russian Certificates – a joint Clarification from Federal Customs Service (FCS) of Russia and Russian Accrediting Authorities (Rosakkreditatsia) dated 29.12.2017 is published on the Russia FCS website.

In particular Russian FCS will require confirmation that a test sample was crossing the border and was tested locally. Bellis clarification on this issue will be provided shortly in a separate letter. These actions, unfortunately, in the situation of absence of proper testing infrastructure in the Russian Federation and impossibility to create it within a short period of time, as well as absence of proper control after accreditation of Russian Certification Bodies and Testing Laboratories will lead to inevitable use of corruption schemes, which may have serious consequences for all the Parties involved.

SITUATION WITH ACCEPTANCE BY RUSSIAN CUSTOMS (FCS of RUSSIA) OF CU EAC CERTIFICATES ISSUED BY BELARUS CERTIFICATION BODIES

First Vice Prime Ministers of 5 EAEU Member States have adopted the Decision (Decision of the Council of the Eurasian Economic Commission No.: 20 dated 28.04.2017) which obliges Russian Customs to accept CU EAC Certificates/Declarations which have been issued/registered in any of the EAEU Member State. In case a problem arises with acceptance by Russian Customs of BELLIS Certificates, it will be promptly solved via providing by BELLIS of additional documents and clarifications. In case such a problem arises – please immediately send information in a written form to BELLIS and a copy to Gosstandart of Belarus (with indicating at what customs office the problem arose, numbers of relevant Certificates and additional requirements from the customs – attach the letter from the Customs):

Gosstandart of Belarus

Chairman of State Committee for Standardization of the Republic of Belarus

Mr. Viktor Nazarenko

220053, Minsk, Starovilensky trakt 93

eac@cu-tr.org

When choosing Partners for CU EAC Certification, it should be taken into account that the recognition mode for CU TR 004/2011 Safety of Low Voltage equipment and CU TR 020/2011 EMC can be only exercised by IECEE National Certification Bodies (IECEE NCBs) – one organization in Belarus and one organization in Russia.

We will continue to timely inform you on the current situation and planned changes in the technical regulation system of Belarus and Eurasian Economic Union. Please feel free to contact us via eac@cu-tr.org for any additional information.