electrical product compliance in eurasian …...037/2016 on rohs eu rohs recast directive 2011/65/eu...

Electrical Product Compliance in

Eurasian Economic Union

(EAEU)

Presented by Livia Kecerova

Regulatory Specialist

Compliance & Risks

[email protected]

1

mailto:[email protected]

Contents

I. Overview of the Eurasian Economic Union (EAEU) and the Union’s Product Safety Compliance

i. Eurasian Economic Union (EAEU) – Situation Past and Present

ii. EAEU’s regulatory regime and requirements for electrical products

• Hierarchy of normative documents

o The Treaty, International Agreements, Orders and Decisions of the Union’s bodies, Technical

Regulations and other Acts and Rules

• Compliance of electrical products placed on the market in the Eurasian Economic Union

i. Unified List of products for which the mandatory requirements are Established within the

Customs Union and the List of Products Subject to Mandatory Conformity

ii. Importation of electrical products

iii. Mandatory requirements for safety aspects of electrical products found in applicable Technical

Regulations

II. Three Regulatory areas related to the Electrical Product Compliance across the EAEU

i. Restriction of Hazardous Substances in Electrical and Electronic Equipment

ii. Requirements for the Energy Efficiency of Energy-consuming Devices

iii. Waste electrical and electronic equipment Management

2 2

I. Overview of the Eurasian Economic Union (EAEU) and the Union’s Product

Safety Compliance

Eurasian Economic Union (EAEU) – Situation Past and Present

Historical facts

• In 1995, Belarus, Kazakhstan and the Russian Federation signed the ‘Troika’ Agreement on the Customs

Union

• The Eurasian Economic Community known as the ‘EurAsEC’ was established in 2000 originally

comprising of Belarus, Kazakhstan, Kyrgyzstan, the Russian Federation and Tajikistan

• The year was 2007 and Belarus, Kazakhstan and the Russian Federation signed a Treaty on the Single

Customs Territory which essentially formed the Customs Union. The Common Economic Space was

officially launched in 2010 by the three countries.

• The ‘four freedoms’: Free movement of goods, services, capital and labor were implemented in 2012,

same year the Eurasian Economic Commission began to ‘operate’

• May 2014 – Member States of the Customs Union and the Common Economic Space signed the Treaty

on the Eurasian Economic Union concluding the formation process

3


Safety Compliance

Eurasian Economic Union (EAEU) – Situation Past and Present

Present situation

• Year 2015 saw the new stage of the Eurasian integration from the commencement of the Eurasian

Economic Union’s operation through signing the Treaty of Accession of the Republic of Armenia in

January, to the accession of the Kyrgyz Republic in May

• The head of Member States joined in the mutual aspiration and hope that the EAEU will bring a common

good for the member nations, strengthen stability in the Eurasian space and encourage further movement

and trade within the Eurasian region

• Despite number of set-backs (anti-Russian sanctions imposed in the aftermath of Crimea’s annexation)

and doubts as to the Union’s preparedness, Tajikistan and Uzbekistan expressed their interests

• Discussions proposing establishing trade and economic relations, partnership and cooperation also

started with likes of Vietnam, China, potentially Turkey, Iran, India, Mongolia and Azerbaijan

• Today, the Union consists of Armenia, Belarus, Kazakhstan, Kyrgyz Republic and Russia

4

I. Overview of the Eurasian Economic Union (EAEU) and the Union’s

Product Safety Compliance The EAEU’s regulatory regime and requirements for electrical products

Hierarchy of the Union’s Laws

5

The Treaty of the Eurasian

Economic Union

International Treaties within the

Union

Decisions and Orders of the Supreme Eurasian Economic Council

International Agreements of the Union with a Third

Party

Decisions of the Eurasian Economic Commission

Acts, Lists, Rules and Technical Regulations

approved by the Decisions and

OrdersDecisions of the Intergovernmental

Council



Compliance of electrical products placed on the market in the Eurasian Economic Union

i. Unified List of products for which the mandatory requirements are established within the Customs

Union and the List of products subject to Mandatory Conformity Assessment

• Two Unified Lists were approved through the enactment of Decision No. 526 of 2011 as amended;

and Decision No. 620 of 2011 respectively.

• Accordingly, the mandatory requirements within the Customs Union were issued for 66 product

types, not limited to:

o Machinery and Low voltage equipment

o High voltage equipment

o Telecommunication equipment

o Elevators

for which there are mandatory requirements in existence.

• Furthermore, Decision No. 620 of 2011 stipulates that electrical equipment is subject to Mandatory

Conformity Verification. Thankfully, it also provides respective standards compliance to which shall

be tested.

6




ii. Importation of electrical products

What needs to be submitted to the

Customs authorities for imported electrical

products during Customs clearance?

Decision governing the Importation of electrical products into the EAEU

Commission Decision No. 294 of 25 December 2012 on Importation into

the Customs Union Territory products for

which Mandatory Requirements are

established within the Custom Union

Documents proving the compliance of such

products (goods) with mandatory requirements or information about such

documents, including

Conformity assessment (confirmation) document provided under the applicable

Technical Regulations of the Union

Any other documents provided for by the legislation of the Member State in whose

territory the goods/products are placed under the customs procedure

Customs Declaration

Certificate of Conformity or Declaration of Conformity of the Customs Union in an approved

format;

Certificate of Conformity or Declaration of Conformity issued under the legislation of the

Member State in whose territory the goods are placed under the customs procedure

7


Safety Compliance The EAEU’s regulatory regime and requirements for electrical products



Regulations (TR)

• The safety of any product circulated within the territory of the Eurasian Economic Union is ensured through the

application of TRs

• Generally adopted by the Eurasian Economic Commission

• TRs applicable to electronics cover all aspects of the product’s life cycle from safe and effective design, through

the packaging, labelling, conformity assessment/ certification and testing, to the provision of convenient

disassembly at the end of their life

• EAEU’s TRs are directly applicable in all the Member States whilst ensuring the harmonization of the legislation

and product safety rules across the Union

• In order to meet the requirements of Technical Regulations, the applicable international, regional (interstate) or

national standards may be followed/applied creating the presumption of conformity with TR

8





Regulations (TR)

• Current number of effective TRs of the EAEU: 44

• Current number of draft TRs of the EAEU: 11

• Number of Lists of harmonized standards provided as integral part of the TRs: 35

TRs particularly relevant to electrical products:

• TR CU 004/2011 on the safety of low-voltage equipment

• TR CU 010/2011 on the safety of machinery and equipment

• TR CU 020/2011 on the electromagnetic compatibility of technical means

• TR EAEU 037/2016 on the restriction of hazardous substances in electrical and electronic equipment

Other possibly relevant TRs:

• TR CU 005/2011 on the safety of packaging

• TR CU 012/2011 on the safety of equipment intended for work in explosive environments

• TR CU 032/2013 on the safety of equipment operating under excessive pressure

• Draft TR on energy efficiency requirements for energy-consuming devices

9

II. Three Regulatory areas related to the Electrical Product Compliance across the

EAEU


Scope of application

10

TR EAEU 037/2016 aims to protect the consumer, the environment, and

human life and health and to prevent activities that mislead consumers (end-

users) of electrical and electronic equipment (EEE) regarding the content of

hazardous substances.

It will come into force on 1 March 2018.

EEE means all in-scope electrical and electronic equipment intended to be

placed on the market in the territory of the EAEU (Union)

10


EAEU


Requirements 1 – Restrictions & Exemptions

Technical Regulation requires EEE to be designed and manufactured not containing:

a) Hazardous substances as per Annex 2;

b) Homogeneous materials containing hazardous substances in concentrations above the maximum

allowable level as specified in Annex 2 to this Technical Regulation.

11

Special restrictions and exemptions from Annex 2

restrictions applicable to specific equipment and their

applications are set in Annex 3.

11


EAEU


Requirements 1 – Restrictions & Exemptions

Hazardous substances

Permissible concentration of hazardous

substance by weight in homogeneous

materials (percentile) not exceeding

Cadmium (CAS No: 7440-43-9) 0,01%

Hexavalent chromium (CAS No: 18540-29-9) 0,1%

Lead (CAS No: 7439-92-1) 0,1%

Mercury (CAS No: 7439-97-6) 0,1%

Polybrominated Biphenyl (CAS No: 59536-65-1) 0,1%

Polybrominated Diphenyl Ethers (PBDE) 0,1%

• Majority of special exemptions/restrictions laid down in Annex 3 to the EAEU RoHS are

identical to those appearing in Annex III of the RoHS 2 Directive 2011/65/EU.

12

13



Similarities with and deviations from the European Union RoHS Recast Directive 2011/65/EU

Notable distinctions exist between the EU RoHS Recast Directive and the EAEU’s RoHS TR

EAEU Technical

Regulation 037/2016 on

RoHS

EU RoHS Recast Directive

2011/65/EU

Products in scope

1. Electrical apparatus and

appliances for household

use

2. Electronic computers and

their peripherals (connected

to them)

3. Telecommunication

(terminal

telecommunication)

equipment

1. Large household appliances

2. Small household appliances

3. IT and telecommunications

equipment

14

Products in scope

4. Copiers and other electrical

office equipment

5. Electrical tools (manual and

portable electric machines)

6. Sources of light and lighting

equipment, including

equipment built into furniture

7. Electrical music tools

8. Vending machines and

gaming machines

9. Cash registers, ticket

printers, ID card readers,

information kiosks, ATMs,

card terminals

10. Cables, wires, cords

intended for use at a rated

voltage below 500 V AC/DC,

except for fiber optic cables

11. Automatic switches and

residual current devices;

12. Fire, security and fire-

security alarms/detectors

4. Consumer equipment

5. Lighting equipment

6. Electrical and electronic

tools

7. Toys, leisure and sports

equipment

8. Medical devices

9. Monitoring and control

instruments including

industrial monitoring and

control instruments

10. Automatic dispensers

11. Other EEE not covered by

any of the categories above.

EAEU Technical

Regulation 037/2016 on

RoHS


2011/65/EU

15

Products not in scope

EAEU Technical Regulation

037/2016 on RoHS


2011/65/EU

1. Products designed for use

at nominal voltage

exceeding 1000 V AC or

1500 V DC unless

otherwise provided in

Annex 1;

2. Products designed solely

for use as components of

electrical and electronic

equipment that are not

listed in Annex 1;

3. Electric toys;

4. Photovoltaic panels/ solar

panels used as part of the

electrical and electronic

equipment;

1. Equipment which is

necessary for the

protection of the essential

interests of the security of

Member States, including

arms, munitions and war

material intended for

specifically military

purposes;

2. Equipment designed to be

sent into space;

16



037/2016 on RoHS


2011/65/EU

5. Products designed to be

used in land-based and

orbiting space objects;

6. Products intended solely for

the use of air, water, ground

and underground transport;

7. Batteries and

accumulators, including

those put into circulation on

the territory of the CU as

part of electrical products;

3. Equipment which is

specifically designed, and is

to be installed, as part of

another type of equipment

that is excluded or does not

fall within the scope of this

Directive, which can fulfil its

function only if it is part of

that equipment, and which

can be replaced only by the

same specifically designed

equipment;

4. Large-scale stationary

industrial tools;

5. Large-scale fixed

installations;

6. Means of transport for

persons or goods, excluding

electric two-wheel vehicles

which are not type-approved;

17



037/2016 on RoHS


2011/65/EU

5. Used electrical and

electronic equipment;

6. Measuring instruments;

and

7. Medical devices

7. Non-road mobile machinery

made available exclusively

for professional use;

8. Active implantable medical

devices;

9. Photovoltaic panels intended

to be used and installed by

professionals for public,

commercial, industrial and

residential applications;

10.Equipment specifically

designed solely for the

purposes of research and

development only made

available on a business-to-

business basis.

1818

Substance Restrictions


037/2016 on RoHS


2011/65/EU

No surprises as far as the restrictions of 6 core substances are

concerned

DEHP, BBP, DBP and DIBP:

Not regulated

- Thus far

DEHP, BBP, DBP and DIBP:

0,1% by weight in

homogeneous materials

- Effective 22 July 2019

19

Special Restrictions &

Exemptions


037/2016 on RoHS


2011/65/EU

Mercury in linear

halophosphate lamps with

tube > 28 mm

- Expires 1 March 2020

Mercury in linear

halophosphate lamps with

tube > 28 mm

- Expired 13 April 2012

Lead in solders used in

powerful loudspeakers

- No expiry date set

Absence of provisions on a

mechanism for renewing or

applying for new

exemptions

Lead alloys as solder for

transducers used in high-

powered loudspeakers

- Expired 24 September 2010

The application requirements

for an exemption and the

criteria to inform the decision

on whether or not to grant it

are clearly set out

20

Conformity Assessment


037/2016 on RoHS


2011/65/EU

Option 1: declaration of

conformity by one of the

following schemes:

Declaration Schemes 1d, 2d,

3d or 4d, 6d

Option 2: certification

according to one of the

following schemes:

1c, 2c, 3c, 6c.

Declaration of Conformity is

subject to REGISTRATION

as prescribed by the

Decision N 76 of the College

of the Eurasian Economic

Commission of April 9, 2013

Testing standards: GOST EN

50581-2016 based on EN

50581-2016; and GOST IEC

62321 parts 1, 2, 3, 4 and 5.

Manufacturers are to draw up

the required technical

documentation and carry out

the internal production control

procedure in line with module

A.

Module A = Internal production

No requirement to register

the Declaration of

conformity

Obligation to keep record of

non-compliant products

Presumption of conformity

21

Labelling & Marking


037/2016 on RoHS


2011/65/EU

• Name and (or) product

designation and type,

make, model (if any)

• Main parameters and

characteristics,

• The name and (or)

trademark of the

manufacturer,

• The name of the State in

which the product is made

On a product or alternatively

on its packaging and in the

EEE’s accompanying

documentation

• Registered trade name or

registered trade mark, and

• The address at which they

can be contacted;

• The address must indicate

a single point at which the

manufacturer can be

contacted

• A type, batch or serial

number or other element

allowing its identification.

Required information must be

shown on a product or on the

packaging or in a document

accompanying the EEE

22

Transitional provisions


037/2016 on RoHS


2011/65/EU

1 March 2020: Compliance

deadline: end of transitional

period for equipment without

conformity assessment

22 July 2021 - Compliance

Deadline: default expiry date

for exemptions for EEE in

categories 8 and 9, except for

industrial monitoring and

control instruments for which

the deadline is 22 July 2024;

where not otherwise specified

22 July 2019: Extension of

scope to other electrical and

electronic equipment not

covered by categories 1-10

+

Compliance deadline: limit on

bis (2-ethylhexyl) phthalate,

butyl benzyl phthalate,

dibutylphthalate and diisobutyl

phthalate in EEE except for

medical devices and

monitoring and control

instruments for which this

deadline is 22 July 2021

23


ii. Requirements for the Energy Efficiency of Energy-consuming Devices

• Draft Technical Regulation on Energy Efficiency of Energy-related products was first issued on 20 June 2016;

revised on 14 March 2017

• Developed taking into account the provisions of the EU Directives and Regulations on a subject

• Will apply to electrical appliances made available in EAEU Member States, which have a significant daily and/

or annual electricity consumption and thus have an impact on energy security, environment and ecology, such

as: Refrigerators, freezers, electric induction motors, televisions, household washing machines, dishwashers,

electric lamps, circulation pumps, fans, vacuum cleaners, air conditioners, computers and computer servers,

etc.

• The label must contain:

o The name and/ or designation of the device in question (type, make, model if available),

o Its main features and energy efficiency characteristics,

o The name and/ or the manufacturer's trade mark and

o The place of manufacture.

The information referred to in the labelling should be applied to the power consuming devices, and specified in

the annexed operational documents.

24


iii. Waste electrical and electronic equipment Management

Case Study: Russian Federation Approach

• To date, no harmonized rules on waste electrical and electronic equipment and by extension, the producer’s

extended responsibility (EPR) has been established within the EAEU

• Member States of the EAEU must apply their national waste provisions when dealing with WEEE & EPR

• In Russia, for instance, there isn’t one single piece of legislation applicable to waste electrical and electronic

equipment exclusively, as is the case in the European Union.

• Recent introduction of the EPR principle into the crucial piece of legislation – the Federal Law on Waste

Production and Consumption (FZ No. 89, 1998) in 2015

• The proper implementation of this important amendment was facilitated by number of measures:

o Government Order 1886-p, 2015 “approving the list of finished goods and packaging subject to

recycling after losing their consumer properties”

o Resolution No. 2491/2015 stipulating mandatory collection targets

25

The End

Thank you for your attention.

For more information contact:

Livia Kecerova, Regulatory Specialist

[email protected]

mailto:[email protected]