Department of Technical Regulation of NCE RK "Atameken" clarifies the application of the technical regulations of the Customs Union

The acting regulations (from 1^st of July 2013) "on horizontal technical regulations" "On food safety" stipulate the requirements for conformity assessment in the following forms:

- Confirmation (declaration) of conformity assessment of food products;

- State registration of specialized food products (food products for children's nutrition, including drinking water, baby food and food products for the medical and dietary prophylactic nutrition, natural mineral water, therapeutic-table water, medical mineral water);

- State registration of new types of food products;

- Veterinary and sanitary expertise (processed food products of animal origin are subject to expertise before release into circulation - meat, milk, eggs). It is conducted by the Veterinary Service (The Ministry of Agriculture).

By the decision of the Commission of the Customs Union dated by 9^th of December 2011 on the adoption of technical regulations was defined the transitional period for the introduction of it action. So, on 15th of February  2015 expired the validity of the document on (confirmation) compliance with mandatory requirements established by normative legal acts of the Customs Union and the Single Economic Space, or the law of the Member State of Customs Union and the Single Economic Space, issued or taken in relation to food products before 1^st of July 2013. Up to 15^th of February of this year their production and release was allowed. However, food products, released into circulation until February 15, 2015 in the presence of documents on assessment (confirmation) of conformity issued or accepted in accordance with the national legislation before 1^st of July 2013, circulate on the territory of the Member State of the Customs Union and the Single Economic Space in accordance with legislation of which was issued or adopted a document on compliance for a shelf life of products, established in accordance with the legislation of a Member State of the Customs Union and the Single Economic Space and are marked by the national conformity label in accordance with the law of the State - a member of the Customs Union or the Decision of the Commission dated by 20^th of September 2010 # 386. Labeling of such products with a single label for circulation of products on the market of Member States of CU (EAEU) is not allowed.

The technical regulations stipulate that the applicant in the evaluation (confirmation) of conformity of food products can be registered as an individual entrepreneur on its territory in accordance with the law of the Member State of the Customs Union. It can be a physical or legal entity, the manufacturer, the seller or the one who performs the functions of a foreign manufacturer on the basis of an agreement.

In addition, by the decision of the Board of the Eurasian Economic Commission dated by 25^th of December 2012 # 293 was approved the unified form of the certificate of conformity and a declaration of conformity with technical regulations of the Customs Union and the rules of their registration.

It should be noted that, in accordance with this decision, a copy of the issued certificate of conformity, if necessary, is made by an applicant and is certified by his or her signature and a seal; a copy of the registered declaration of conformity, if necessary, is made by a person who accepted a declaration of conformity (manufacturer, seller, person authorized by the manufacturer) and certified by his signature and stamp.

"Vertical technical regulations" of Customs Union "On safety of milk and dairy products" and "On safety of meat and meat products" were also adopted and entered into force (from 1^st of May 2014).

In accordance with these regulations conformity assessment is carried out in the following forms:

Milk and dairy products

1. The declaration of conformity;

2. The state registration of infant foods;

3. The state registration of a new type of dairy products;

4. The veterinary-sanitary examination of raw milk, raw skim milk and raw cream delivered to the plant for further processing.

Meat and meat products

1. products of slaughter (raw products) (including products of slaughter for baby food) before release into the customs territory of the Customs Union shall be subject to veterinary and sanitary inspection;

2. meat products (food products made by processing, processing of products of slaughter) (other than meat products for baby food and meat products of a new kind) before release into circulation in the customs territory of the Customs Union is subject to declaration of conformity in accordance with established procedure.

In addition, in accordance with paragraph 10 of Chapter IV of the technical regulations on CU "On the safety of meat and meat products" "During circulation on the customs territory of the Customs Union products of slaughter are accompanied by a veterinary certificate issued by the competent authorities of a Member State and shipping documentation". Meat products moved between Member States, which s subject to veterinary control (supervision), imported from third countries or produced in the customs territory of the Customs Union, must be accompanied by a veterinary certificate issued by the competent authorities of the Member States without a veterinary-sanitary examination, which confirms the epizootic well-being. Each batch of products of slaughter and meat products, which is subject to veterinary inspection shall be imported to the customs territory of the Customs Union in the presence of a veterinary certificate issued by the competent authority of the country of origin".

Fish

Until the day of entry into force of the technical regulations of the Customs Union, which establishes the requirements for fish and fish products and processes of production, storage, transportation, marketing and utilization, in respect of such products are applied provisions of normative legal acts of the vehicle or the law of the Member State of the Union.

On the territory of Kazakhstan also act technical regulations "On safety requirements for fish and fish products", approved by Resolution of the Government of the Republic of Kazakhstan dated by May 19, 2009, according to which when placing products on the internal trade facilities, it is necessary to ensure that the fish and fish products to the requirements of technical regulations , animal health and sanitary rules and regulations, as well as to ensure the availability of documents confirming its safety and traceability (veterinary certificate, commodity-related documentation).

Fishery products are subject to mandatory conformity according to the unified list of products subject to mandatory assessment (confirmation) of the Customs Union with the issuance of a single document approved by the Commission's decision on CU dated by 18^th of June 2010

Eggs

Requirements for food safety of eggs at the moment are stipulated by the technical regulations "On food safety". Prior to its adoption in relation to eggs and egg products operate our national technical regulations on the territory of Kazakhstan.

Eggs and egg products imported and in circulation on the territory of the Republic of Kazakhstan must comply with national technical regulations "Safety requirements for eggs and egg products", approved by the Government of the Republic of Kazakhstan dated by November 5, 2010, and also accompanied by documents proving their safety and traceability ( veterinary certificate, veterinary certificate, commodity-related documentation).

The decision of the Board of Eurasian Economic Commission on a single form of the certificate of conformity and a declaration of conformity with technical regulations of the Customs Union and the rules of registration dated by 25^th of December 2012 # 293

Letter of the Committee for Technical Regulation and Metrology of the Ministry of Investment and Development

Letter from the State Revenue Committee of Ministry of Finance of RK regarding the legality of the use of the declaration of conformity by common forms of CU

Useful links hereinafter.

https://www.memst.kz/about/rukovodstvo.php (Committee for Technical Regulation of  MNE of RK)

http://kzpp.gov.kz/rus/ (Consumer Protection Committee)

http://www.eurasiancommission.org/ru/act/texnreg/deptexreg/tr/Pages/default.aspx (Eurasian Economic Commission)