Technical Regulations TR EEU 037/2016

TECHNICAL REGULATION
of the Eurasian Economic Union "On the Restriction of the Use
of Hazardous Substances in Electrical and Radio‑Electronic Products"
(TR EAEU 037/2016)

I. Scope

1. This Technical Regulation has been developed in accordance with the Treaty on the Eurasian Economic Union of 29 May 2014. Its purpose is to protect human life and health and the environment, and to prevent actions that mislead consumers (users) of electrical and radio-electronic products regarding the hazardous substances they contain.
This Technical Regulation establishes requirements for the restriction of the use of hazardous substances in electrical and radio-electronic products placed on the market in the territory of the Eurasian Economic Union (hereinafter, the Union). These requirements are mandatory for application and fulfilment in the territory of the Union and ensure the free movement of such products.
If other Technical Regulations of the Union (Customs Union) establishing requirements for electrical and radio-electronic products have been adopted, such products shall comply with the requirements of all Technical Regulations of the Union (Customs Union) that apply to them.
2. This Technical Regulation applies to electrical and radio-electronic products placed on the market in the territory of the Union according to the list in Annex No. 1.
3. This Technical Regulation does not apply to:
a) electrical and radio-electronic products intended for use at a rated voltage above 1000 V alternating current and 1500 V direct current, unless otherwise provided by Annex No. 1 to this Technical Regulation;
b) electrical and radio-electronic products intended exclusively for use as components of electrical equipment not included in the list provided in Annex No. 1 to this Technical Regulation;
c) electrical toys;
d) photovoltaic panels (solar batteries) forming part of electrical and radio-electronic products;
e) electrical and radio-electronic products intended for use as part of ground-based and orbital space facilities;
f) electrical equipment intended exclusively for use in air, water, land and underground transport;
g) electric batteries and accumulators, including those placed on the market in the territory of the Union as part of electrical and radio-electronic products;
h) used (previously operated) electrical and radio-electronic products;
i) measuring instruments;
j) medical devices.

II. Basic Terms

4. For the purposes of this Technical Regulation, the following terms have the following meanings:
"toy" means a product or material intended for play by a child (children) under 14 years of age;
"electrical toy" means a toy with at least one function powered by electrical energy;
"electrical and radio-electronic products" means products whose intended functioning depends on the presence, use, generation, conversion, transmission and distribution of electric currents and (or) electromagnetic fields, and which are intended for direct use or are built into machines, mechanisms, apparatus, instruments and other equipment;
"importer" means a resident of a Member State of the Union who has concluded a foreign trade contract with a non-resident of a Member State of the Union for the transfer of electrical and radio-electronic products, sells these products and is responsible for their compliance with the requirements of this Technical Regulation;
"homogeneous material" means a material of uniform composition throughout its entire volume, consisting of one substance or a combination of substances and (or) materials that cannot be separated mechanically (by disassembly, cutting, crushing, grinding or other mechanical action).

III. Rules for the Circulation of Electrical
and Radio‑Electronic Products on the Union Market

5. An electrical or radio-electronic product is placed on the market in the territory of the Union if it complies with this Technical Regulation and with other Technical Regulations of the Union (Customs Union) that apply to it. It must also have undergone conformity confirmation in accordance with Section VII of this Technical Regulation and in accordance with other Technical Regulations of the Union (Customs Union) that apply to it.
6. An electrical or radio-electronic product whose compliance with the requirements of this Technical Regulation and with the requirements of other Technical Regulations of the Union (Customs Union) has not been confirmed shall not be marked with the single mark of product circulation on the market of the Union.

IV. Requirements for the Restriction of the Use of Hazardous Substances

7. An electrical or radio-electronic product shall be designed and manufactured so that it does not contain:
a) hazardous substances according to the list in Annex No. 2;
b) homogeneous materials containing hazardous substances in concentrations exceeding the permissible level specified in the list provided in Annex No. 2 to this Technical Regulation.
8. Special requirements for the restriction of the use of hazardous substances in electrical and radio-electronic products are established in accordance with Annex No. 3.

V. Requirements for Marking and Operating Documents

9. The following information shall be applied to the electrical
and radio-electronic product and stated in the operating documents supplied with it: the name and (or) designation of the product (type, brand, model (if any)), its principal parameters and characteristics, the name and (or) trademark of the manufacturer, and the name of the country in which the electrical or radio-electronic product was manufactured.
In addition, the name and (or) designation of the electrical or radio-electronic product (type, brand, model (if any)) and the name and (or) trademark of the manufacturer shall also be applied to the packaging.
10. If the information provided for in paragraph 9 of this Technical Regulation cannot be applied to the electrical or radio-electronic product, it may be stated only in the operating documents supplied with the product. In this case, the name and (or) designation of the electrical or radio-electronic product (type, brand, model (if any)) and the name and (or) trademark of the manufacturer shall be applied to the packaging.
11. The marking of an electrical or radio-electronic product shall be legible and easy to read. It shall be applied to the electrical or radio-electronic product in a place accessible for inspection without disassembly using tools.
12. The operating documents for an electrical or radio-electronic product shall contain:
a) the information specified in paragraph 9 of this Technical Regulation;
b) information on the intended use of the product;
c) the characteristics and parameters of the product;
d) the rules and conditions for operation (use), installation, storage, carriage (transportation), sale and disposal of the product (where necessary, the relevant requirements);
e) information on the measures to be taken if a malfunction of the product is detected;
f) the name and location of the manufacturer (person authorised by the manufacturer) and of the importer, and their contact details;
g) information on the month and year of manufacture of the product and (or) on the place where this information is applied, or on the method for determining the year of manufacture.
13. Marking shall be applied and operating documents shall be drawn up in Russian. Where the legislation of the Member States of the Union (hereinafter, the Member States) so requires, they shall also be in the state language (state languages) of the Member State in whose territory the products are sold. Units of measurement, letter trademarks, proper names, names of localities and other names and details in the marking and operating documents may be given in other languages.
Operating documents shall be issued on paper. A set of operating documents on an electronic medium may be attached to them. Operating documents supplied with electrical and radio-electronic products not intended for household use may be issued on an electronic medium only.

VI. Ensuring Compliance of Electrical
and Radio‑Electronic Products with the Requirements of the Technical Regulation

14. Compliance of an electrical or radio-electronic product with this Technical Regulation is ensured by fulfilling its requirements for the restriction of the use of hazardous substances.
15. The methods of testing and measurement of electrical and radio-electronic products are established by the standards included in the list of standards containing rules and methods of testing and measurement, including sampling rules, necessary for the application and fulfilment of the requirements of this Technical Regulation and for conformity assessment of products.

VII. Conformity Assessment of Electrical
and Radio‑Electronic Products

16. Conformity assessment of electrical and radio-electronic products is carried out in the form of conformity confirmation.
17. For conformity confirmation of electrical and radio-electronic products, the applicant may be a legal entity or a natural person registered as an individual entrepreneur in the territory of a Member State in accordance with its legislation, who is a manufacturer, an importer (seller) or a person authorised by the manufacturer.
18. Electrical and radio-electronic products are subject to conformity confirmation in the form of declaration of conformity under one of the following schemes:
a) for serially manufactured products – schemes 1d, 3d and 6d;
b) for a batch of products – schemes 2d and 4d.
19. For the declaration of conformity of electrical
and radio-electronic products, the applicant may be:
a) for schemes 1d, 3d and 6d – the manufacturer (person authorised by the manufacturer);
b) for schemes 2d and 4d – the manufacturer (person authorised by the manufacturer) or the importer (seller).
20. The declaration scheme for electrical and radio-electronic products is selected by the applicant.
21. Declaration of conformity of electrical and radio-electronic products under schemes 1d and 2d is carried out by the applicant on the basis of own evidence. At the applicant's choice, testing of samples of electrical and radio-electronic products is carried out in the applicant's testing laboratory, in an accredited testing laboratory (center) included in the Unified Register of Certification Bodies and Testing Laboratories (Centers) of the Customs Union (hereinafter – the Unified Register), or in another testing laboratory.
Declaration of conformity of electrical and radio-electronic products under schemes 3d, 4d and 6d is carried out by the applicant on the basis of own evidence and evidence obtained
with the participation of an accredited testing laboratory (center) included in the Unified Register.
22. For the declaration of conformity of electrical and radio-electronic products, the applicant:
a) compiles and analyses the documents confirming the conformity of the products with the requirements of this Technical Regulation, including:
technical specifications (if available);
operating documents;
the test report (test reports) for samples of the products and (or) their components, materials and parts for conformity with the requirements of this Technical Regulation and (or) other documents selected by the applicant that served as the basis for confirming the conformity of the products with the requirements of this Technical Regulation (if available) (schemes 1d, 2d, 3d, 4d and 6d);
the supply contract (contract) and shipping documentation (if available) (for a batch of products or a single product) (schemes 2d and 4d);
the certificate for the quality management system (a copy of the certificate) (scheme 6d);
b) carries out product identification in order to determine whether the products fall within the scope of this Technical Regulation;
c) ensures production control and takes all necessary measures to ensure that the production process guarantees the conformity of the products with the requirements of this Technical Regulation;
d) takes all necessary measures to ensure the stable functioning of the quality management system (scheme 6d);
e) adopts the declaration of conformity, which is drawn up
in accordance with the uniform form and rules approved by Decision of the Board of the Eurasian Economic Commission No. 293 of 25 December 2012;
f) affixes the single mark of product circulation on the market of the Union after completion of the conformity confirmation procedure;
g) after completion of the conformity confirmation procedure, compiles a set of documents that includes the documents specified in subparagraph "a" of this paragraph and the declaration of conformity.
23. The declaration of conformity is subject to registration in accordance with the procedure established by Decision of the Board of the Eurasian Economic Commission No. 76 of 9 April 2013.
24. The period of validity of the declaration of conformity for serially manufactured electrical and radio-electronic products is not more than 5 years. For a batch of electrical and radio-electronic products, no period of validity of the declaration of conformity is established.
25. At the applicant's choice, conformity confirmation of electrical and radio-electronic products in the form of declaration of conformity may be replaced by conformity confirmation
in the form of certification under one of the following schemes:
a) for serially manufactured products – schemes 1s, 2s and 6s;
b) for a batch of products – scheme 3s.
26. For the certification of electrical and radio-electronic products, the applicant may be:
a) for schemes 1s, 2s and 6s – the manufacturer (person authorised by the manufacturer);
b) for scheme 3s – the manufacturer (person authorised by the manufacturer) or the importer (seller).
27. The certification scheme for electrical and radio-electronic products is selected by the applicant.
28. For the certification of electrical and radio-electronic products, the applicant:
a) takes all necessary measures to ensure that the production process is stable and guarantees the conformity of the products with the requirements of this Technical Regulation;
b) compiles the following technical documentation:
technical specifications (if available);
operating documents;
the supply contract (contract) and shipping documentation (if available) (for a batch of products) (scheme 3s);
the certificate for the quality management system (a copy of the certificate) (scheme 2s);
other documents selected by the applicant that served as the basis for confirming the conformity of the products with the requirements of this Technical Regulation (if available);
c) submits a certification application for the products (with the technical documentation attached) to a certification body included in the Unified Register. The application states information on the document against whose requirements the quality management system has been certified (scheme 2s), as well as the identifying features of the batch of products and of the product units it contains
(scheme 3s);
d) affixes the single mark of product circulation on the market of the Union after completion of the conformity confirmation procedure;
e) notifies the certification body in advance of any changes to the design of the products or their production technology that may affect the conformity of such products with the requirements of this Technical Regulation (scheme 1s);
f) after completion of the conformity confirmation procedure, compiles a set of documents that includes the documents specified in subparagraph "b" of this paragraph, the test report (test reports), the results of the production condition analysis (scheme 1s) and the certificate of conformity.
29. For the certification of electrical and radio-electronic products, the certification body included in the Unified Register:
a) analyses the technical documentation submitted by the applicant and informs the applicant of its decision (stating the conditions for certification);
b) carries out identification of product samples and takes them from the applicant for testing;
c) ensures testing of product samples (of a batch of products (a sample from the batch) (scheme 3s)) in an accredited testing laboratory (center) included in the Unified Register;
d) carries out a production condition analysis at the applicant's site, the results of which are documented in a report (scheme 1s);
e) if the results of the tests and of the production condition analysis are positive, draws up the certificate of conformity in accordance with the uniform form approved by Decision of the Board of the Eurasian Economic Commission No. 293 of 25 December 2012, and issues it to the applicant;
f) enters information on the certificate of conformity into the unified register of issued certificates of conformity and registered declarations of conformity;
g) carries out surveillance of the certified products throughout the entire period of validity of the certificate of conformity by testing product samples in an accredited testing laboratory (center) included in the Unified Register and (or) by production condition analysis (scheme 1s);
h) carries out surveillance of the certified products throughout the entire period of validity of the certificate of conformity by testing product samples in an accredited testing laboratory (center) included in the Unified Register and by analysing the results of the surveillance of the certified quality management system carried out by the quality management system certification body (scheme 2s);
i) if the results of surveillance are positive, confirms the validity of the certificate of conformity and makes a corresponding entry in the surveillance report; if the results of surveillance are negative, decides to suspend or revoke the certificate of conformity and informs the applicant of the decision taken (schemes 1s and 2s).
30. Where conformity confirmation (declaration of conformity or certification) is carried out under schemes that provide for certification of the quality management system, the certification of such a system is performed by a quality management system certification body registered in the territory of a Member State in accordance with the legislation of that State and accredited in the national accreditation system of the Member State.
31. The period of validity of the certificate of conformity for serially manufactured electrical and radio-electronic products is not more than 5 years. For a batch of electrical and radio-electronic products, no period of validity of the certificate of conformity is established.
32. The set of documents compiled after conformity confirmation of electrical and radio-electronic products is kept:
a) for serially manufactured products – by the applicant for at least 10 years from the date on which the declaration of conformity or the certificate of conformity ceases to be valid;
b) for a batch of products – by the applicant for at least 10 years from the date on which the sale of the batch of products is completed;
c) for a product – by the manufacturer (person authorised by the manufacturer) for at least 10 years from the date on which this product is discontinued (production ceases).

VIII. Marking with the Single Mark of Product Circulation
on the Market of the Union

33. An electrical or radio-electronic product that meets the requirements of this Technical Regulation and has undergone the conformity confirmation procedure in accordance with Section VII of this Technical Regulation must bear the single mark of product circulation on the market of the Union.
34. Marking with the single mark of product circulation on the market of the Union is carried out before the electrical or radio-electronic product is placed on the market of the Union.
35. The single mark of product circulation on the market of the Union is affixed to each electrical or radio-electronic product by any method that ensures a clear and legible image throughout the entire service life of the product, and is also shown in the operating documents accompanying the product.
If it is impossible to affix the single mark of product circulation on the market of the Union to the electrical or radio-electronic product, it may be affixed only to the packaging of the product and shown in the operating documents accompanying it.
36. An electrical or radio-electronic product is marked with the single mark of product circulation on the market of the Union if it complies with the requirements of all Technical Regulations of the Union (Customs Union) that apply to it.

ANNEX No. 1
to the Technical Regulation
of the Eurasian Economic Union
"On the Restriction of the Use of Hazardous 
Substances in Electrical
and Radio-Electronic Products" (TR EAEU 037/2016)

LIST
of electrical and radio‑electronic products,
to which the Technical Regulation
of the Eurasian Economic Union “On the Restriction of the Use of
Hazardous Substances in Electrical and Radio‑Electronic Products”
(TR EAEU 037/2016) applies

1. Household electrical appliances and devices:
a) for food preparation and storage and the mechanization of kitchen work, as well as other kitchen equipment;
b) for the treatment (washing, ironing, drying, cleaning) of laundry, Clothing and Footwear;
c) for cleaning and tidying premises;
d) for maintaining and regulating the indoor microclimate;
e) sanitary and hygienic;
f) for the care of hair, nails and skin;
g) for heating the body;
h) vibratory massage;
i) gaming, sports and fitness equipment;
j) audio and video equipment, television and radio broadcast receivers;
k) sewing and knitting machines;
l) power supplies, chargers and voltage stabilizers;
m) for gardening and horticulture;
n) for aquariums and garden ponds;
o) electric pumps;
p) electric and electronic clocks;
q) calculators;
r) electrical installation products;
s) extension cords.
2. Electronic computers and devices connected to them, including combinations thereof:
a) servers, system units of personal computers;
b) laptops;
c) tablet, pocket, palmtop and other small-sized computers;
d) keyboards, pointing devices, trackers and other control and input devices (computer mice, joysticks, helmets, glasses);
e) removable data storage devices;
f) monitors;
g) printers;
h) scanners;
i) acoustic systems and headphones;
j) multimedia projectors;
k) biometric information readers;
l) web cameras;
m) modems;
n) uninterruptible power supply units.
3. Telecommunications facilities (terminal telecommunication devices):
a) fixed-line and mobile telephones;
b) payphones;
c) telefaxes;
d) telexes;
e) portable and mobile radio stations;
f) radio frequency identification tags.
4. Copying machines and other electrical office equipment.
5. Electrified tools (hand-held and portable electric machines).
6. Light sources and lighting equipment, including equipment built into furniture.
7. Electric musical instruments.
8. Gaming and vending machines.
9. Cash registers, ticket-printing machines, identification card readers, ATMs and information kiosks.
10. Cables, wires and cords intended for use at a rated voltage of not more than 500 V alternating and (or) direct current, except for fiber-optic cables.
11. Automatic circuit breakers and residual current devices.
12. Fire, security and fire-and-security detectors.

APPENDIX No. 2
to the Technical Regulation
of the Eurasian Economic Union
“On the Restriction of the Use of Hazardous Substances
in Electrical
and Radio-Electronic Products” (TR EAEU 037/2016)

LIST
of hazardous substances the content of which in electrical and
radio-electronic products in excess of the permissible concentration
in homogeneous materials used
in the structures of electrical and radio-electronic products,
 to which the Technical Regulation
of the Eurasian Economic Union “On the Restriction of the Use of
 Hazardous Substances in Electrical and Radio-Electronic Products”
(TR EAEU 037/2016) applies, is prohibited

APPENDIX No. 3
to the Technical Regulation
of the Eurasian Economic Union
“On the Restriction of the Use of Hazardous Substances
in Electrical
and Radio-Electronic Products” (TR EAEU 037/2016)

SPECIAL REQUIREMENTS
for restricting the use of hazardous substances in
electrical and radio-electronic products

* Validity period means that, as of the specified date, electrical and radio-electronic products may be placed on the market only if the requirements for the content of Hazardous Substances set out in Clause 7 of the Technical Regulation are met.