The agreement on technical barriers to trade of the WTO defines two particular type of tools that states can use for the purposes of protecting consumers and the environment technical regulations and standards. The authorities of the Russian Federation, pursuing the objective of harmonizing its legislation with international ones and especially the European, have begun to change Gost standards to Technical regulations.
On January 1st 1995, almost three years since the first application for admission of the newly formed Russian Federation to the GATT agreement, the first widely accepted multilateral agreement to regulate a particular type of non-tariff barrier to free trade, came into effect: the agreement TBT or agreement on technical barriers to trade.
As mentioned, the TBT Agreement deals with defining the regulatory framework for measures that the various signatory states may take in the protection of consumers and the environment on a technical level. Especially with the aim of making these legislation harmonics with the international free trade.
Role and the practical use of technical compliance, which from a commercial point of view are easily categorized as barriers, are undoubtedly important and complex. For this reason this agreement was rarely used before the dispute settlement body in order to settle a controversy between states on this matter.
The agreement defines two particular types of tools that states can use for the purposes listed above: technical regulations and standards, both are normative documents, which contain requirements for the use of subject treated, both shall establish guidelines for the manufacturer, the exporter, the agent or distributor in relation to a wide range of productions. The main difference between the two documents is that the technical regulation is binding for all productions subject to it, while respecting the standard remains at the discretion of the manufacturer.
Taking two simple examples: while the production and sale of hairspray is subjected to technical regulations on gas emissions, therefore it is forbidden to use "greenhouse gases", electrical outlets are subject to standard regarding type and size, this means that sales of other types different from the standard bathing is not prohibited, despite the standard contains precise parameters, applicable and useful.
The authorities of the Russian Federation, pursuing the objective of harmonizing its legislation with international ones and especially the European, since 2008 have begun to change with increasing speed parts of the famous standards GOST R the most modern TR Technical Regulations.
The legislation of the Russian standard certifications is rapidly evolving in the direction suggested by international agreements, the standard GOST R, which in contrast to what was seen previously, it may be mandatory and therefore binding for producers, is in an intense period of redefinition that has already resulted in nearly twenty product categories to be transferred under the aegis of the new technical regulations.
The Technical Regulations, sometimes represented by the letters TR, by the Russian authorities are considered so significant that they can get to replace the special permission of Rostekhnadzor for hazardous situations.
Technical regulations involve sensitive areas for both the Russian economy and foreign exports. These documents regulate the certification of for example milk, cheese and other dairy products, animal fats and vegetables such as oil and butter, building materials, fruit juices and vegetables juices, production of machinery, etc. ...
The acceleration of activities predict a replacement of GOST R to TR increasingly rapid and regular, in connection with the forthcoming entry into the WTO.
