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RUSSIAN
FEDERATION
FEDERAL LAW
No.
184-ŌĒ, dated 27.12.2002
On Technical
Regulating
Adopted
15.12.2002 by State Duma
Approved 18.12.2002 by Council of Federation
Chapter 1. GENERAL PROVISIONS
A r t i c l e
1. Scope of This Federal Law
1. This
Federal law regulates the relations arising during:
development,
adoption, application and execution of obligatory requirements for products,
processes of production, operation, storage, transportation, marketing and
utilization;
development,
adoption, application and execution on a voluntary basis of the requirements
for products, processes of production, operation, storage, transportation,
marketing and utilization, executing of works or rendering of services;
conformity
assessment.
This
Federal law also defines the rights and duties of the participants, whose
relations are regulated by this Federal law.
2.
The requirements for operation of uniform communication network of the Russian
Federation and for products connected with ensuring of integrity, stability of
operation of the specified communication network and its safety, the relations
connected with ensuring of integrity of the uniform communication network of
the Russian Federation and using of radiofrequency spectrum, are respectively
established and regulated by the legislation of the Russian Federation in the
field of communications.
3.
The validity of this Federal law does not apply to the state educational
standards, to provisions (standards) for accounting and rules (standards) for
auditor activity, to standards for article issue and offering circulars of
article issue.
A r t i c l
e 2. Basic Concepts
The
following basic concepts are used for the purposes of this Federal law:
Accreditation – is the official recognition, by
accreditation body, of the competence of a natural or legal person to perform
operations in definite area of conformity assessment;
Safety
of products, processes of production, operation, storage, transportation,
marketing and utilization (hereinafter referred to as safety) –
is the condition during which there is no inadmissible risk connected with
causing of harm to life or health of people, to property of natural or legal
persons, to state or municipal property, to environment, to life or health of
animals and plants;
Veterinary-sanitary
and phytosanitary measures – are the obligatory requirements and
procedures, established for the purpose of protection against the risks,
arising in connection with penetration, assimilation or spreading of harmful organisms,
diseases, carriers of sicknesses or pathogenic organisms, including the cases
of their transfer or spreading by animals and (or) plants, products, cargoes,
materials and vehicles, in connection with the presence of additives,
contaminants, toxins, pests, weeds, pathogenic organisms, including those in
foodstuffs or forages, and also the obligatory requirements and procedures
established with a view of preventing any other harm connected with spreading
of harmful organisms;
Declaring
of conformity – is the form of conformity assurance of products
to the requirements of technical regulations;
Supplier’s
declaration – is the
document certifying the conformity of the released product to the requirements
of technical regulations;
Applicant –
is the natural or legal person carrying out the obligatory assurance of conformity;
Mark
of market access – is the
label intended for informing of purchasers on conformity of released products
to the requirements of technical regulations;
Mark
of conformity – is the
designation intended for informing of purchasers on conformity of certification
object to the requirements of voluntary certification system or the national
standard;
Identification
of products – is the ascertaining of identity of product
performances to its essential attributes;
Control
(supervision) over observance of the technical regulation requirements
– is the inspection of execution by a natural or legal person of the
technical regulation requirements for products, processes of production,
operation, storage, transportation, marketing and utilization, and taking
appropriate measures by inspection results;
International
standard – is the
standard, adopted by international organization;
National
standard – is the standard approved by national standardization
body of the Russian Federation;
Certification
body – is the natural or
legal person, accredited in accordance with the established procedure for
executing of works on certification;
Conformity
assessment – is the direct or indirect estimation of observance of
the requirements being lodged for an object;
Conformity assurance
– is the documentary certifying of conformity of products or other objects,
processes of production, operation, storage, transportation, marketing and
utilization, executing of works or rendering of services to the requirements of
technical regulations, provisions of standards or conditions of contracts;
Product –
is the result of activity, presented in physical form and designed for further
use with economic and other purposes;
Risk – is the probability of causing harm to
life or health of people, to property of natural or legal persons, to state or
municipal property, to environment, life or health of animals and plants,
taking into account the weight of this harm;
Certification –
the form of conformity assurance of objects to the requirements of technical
regulations, to provisions of standards or conditions of contracts, realized by
certification body;
Conformity
certificate – is the document certifying the conformity of an
object to the requirements of technical regulations, to provisions of standards
or conditions of contracts;
Certification
system – is the set of rules for executing of works on
certification, its participants and rules for operation of the certification
system as a whole;
Standard – is the document establishing, for the
purposes of voluntary multiple use, the product performances, the rules for
realization and the characteristics of processes of production, operation,
storage, transportation, marketing and utilization, executing of works or
rendering of services. The standard may also contain the requirements for
terminology, symbology, packing, marking or labeling, and the rules for their
affixing;
Standardization – is the activity on establishing of rules and performances
for the purpose of their voluntary multiple use, aimed at achievement of
orderliness in the spheres of production and circulation of products, and at
heightening of competitiveness of products, works or services;
Technical
regulating – is the legal
regulating of relations in the field of establishing, application and executing
of obligatory requirements for products, processes of production, operation,
storage, transportation, marketing and utilization, and also in the field of
establishing and application, on a voluntary basis, of the requirements for
products, processes of production, operation, storage, transportation,
marketing and utilization, executing of works or rendering of services, and
legal regulating of relations in the field of conformity assessment;
Technical
regulation – is the document, which is adopted either by the
Russian Federation international treaty ratified in accordance with the
legislation of the Russian Federation, or by the federal law, or by decree of
President of the Russian Federation, or by decree of the Russian Federation
Government, and which establishes the obligatory requirements for technical
regulating objects (for products, including buildings, structures and
constructions, for processes of production, operation, storage, transportation,
marketing and utilization);
Form
of conformity assurance –
is the definite order of documentary certifying of conformity of products or
other objects, processes of production, operation, storage, transportation,
marketing and utilization, executing of works or rendering of services to the
requirements of technical regulations, to provisions of standards or conditions
of contracts.
A r t i c l
e 3. Principles of Technical Regulating
The
technical regulating shall be carried out in accordance with the principles of:
application
of uniform rules for establishing of the requirements for products, processes
of production, operation, storage, transportation, marketing and utilization,
executing of works or rendering of services;
conformity
of technical regulating to a level of national economy, material basis, and
technology development;
independence
of accreditation and certification bodies from manufacturers, sellers,
developers and purchasers;
uniform system
and rules of accreditation;
unity of
rules and methods of researches (tests) and measurements when conducting the
procedures of obligatory conformity assessment;
unity
of application of the technical regulation requirements irrespective of types
or peculiar
properties of bargains;
inadmissibility
of competition limitation during accreditation and certification;
inadmissibility
of combining the powers of state control (supervision) body and certification
body;
inadmissibility
of combining the accreditation and certification powers by one body;
inadmissibility
of off-budget financing of the state control (supervision) over observance of
the technical regulation requirements.
A r t i c l e 4. Legislation of the Russian
Federation on Technical Regulating
1.
The legislation of the Russian Federation on technical regulating consists of
this Federal law, the federal laws adopted according to it and other normative
legal acts of the Russian Federation.
2.
Provisions of the federal laws and other normative legal acts of the Russian
Federation, regarding the sphere of application of this Federal law (including
those directly or indirectly providing for control (supervision) over
observance of the technical regulation requirements), shall be applied
regarding their parts not contradicting to this Federal law.
3.
Federal executive bodies have the right to issue in the sphere of technical
regulating only the acts of recommendatory character, except for the cases
established by Article 5 of this Federal law.
4. If the
international treaty of the Russian Federation in the sphere of technical
regulating establishes other rules, than those stipulated by this Federal law,
then the rules of the international treaty shall be applied. And if the
international treaty provides for issuing of a national act for application of
the treaty, then the rules of the international treaty and the Russian
Federation legislation adopted on its basis shall be applied.
A r t i c l e 5. Peculiarities of technical regulating regarding the defensive and state secret-safeguarded
products (works, services)
1.
In case of absence of technical regulation requirements for the defensive
products (works, services) delivered for federal state needs under the state
defensive order, for the products (works, services) used for the purpose of
safeguarding the state secret data or categorized as the information of
restricted access and safeguarded according to the legislation of the Russian
Federation, and for the state secret-safeguarded products (works, services),
the obligatory requirements shall be those for products, their performances and
requirements for processes of production, operation, storage, transportation,
marketing and utilization, established by federal executive bodies being the
state customers of the defensive order within the limits of their competence,
and (or) by the state contract.
2. The
order of development, adoption and application of documents on standardization
regarding the products (works, services), specified in Clause 1 of this
Article, shall be established by the Government of the Russian Federation.
3.
The conformity assessment (including the state control (supervision) over
observance of obligatory requirements for products (works, services), specified
in Clause 1 of this Article, shall be carried out in the order, established by
the Government of the Russian Federation.
4.
The obligatory requirements for products (works, services), specified in Clause
1 of this Article, shall not contradict the technical regulation requirements.
Chapter 2. TECHNICAL REGULATIONS
A r t i c l
e 6. The Purposes of Adoption of Technical Regulations
1.
The technical regulations shall be adopted for the purpose of:
protection
of life or health of people, property of natural or legal persons, state or
municipal property;
protection
the environment, life or health of animals and plants;
prevention
of actions misleading the purchasers.
2. Adoption of technical regulations for other purposes
is not allowed.
A r t i c l
e 7. The Matter and Application of Technical Regulations
1.
The technical regulations, taking into account the risk degree of causing harm,
shall establish the minimally necessary requirements, providing:
emanation
safety;
biological
safety;
explosion
safety;
mechanical
safety;
fire safety;
industrial safety;
thermal
safety;
chemical
safety;
electrical
safety;
nuclear and
radiation safety;
electromagnetic
compatibility regarding safety operation of devices and equipment;
uniformity of
measurements.
2.
The requirements of technical regulations may not serve as a barrier to
realization of business activity in the greater degree, than it is minimally
necessary for execution of the purposes specified in Clause 1 of Article 6 of
this Federal law.
3.
The technical regulation shall contain the exhausting list of products,
processes of production, operation, storage, transportation, marketing and
utilization, in relation to which its requirements are established, and the
rules for identification of technical regulating object for the purposes of
application of the technical regulation. The technical regulation, with a view
of its adoption, may contain the rules and forms of conformity assessment
(including the schemes of conformity assurance), defined in view of a risk
degree, deadlines of conformity assessment in relation to every technical
regulating object and (or) the requirements for terminology, packing, marking
or labeling and the rules of their affixing.
The
conformity assessment shall be carried out in the form of state control
(supervision), accreditation, testing, registration, conformity assurance,
acceptance and commissioning of an object whose construction is completed, and
in other forms.
The
obligatory requirements, contained in technical regulations, for products,
processes of production, operation, storage, transportation, marketing and
utilization, the rules and forms of conformity assessment, the rules of
identification, the requirements for terminology, packing, marking or labeling
and the rules of their affixing shall be exhausting, shall have direct action
in the whole territory of the Russian Federation and may be changed only by
inserting of amendments and addenda in the appropriate technical regulation.
The
requirements for products, processes of production, operation, storage,
transportation, marketing and utilization, the rules and forms of conformity
assessment, the rules of identification, the requirements for terminology,
packing, marking or labeling and the rules of their affixing, not included into
technical regulations, may not be the obligatory ones.
4. The
technical regulation shall contain the requirements for product performances,
processes of production, operation, storage, transportation, marketing and
utilization, but shall not contain the requirements for design and
modification, except for the cases, when the reaching of the purposes of the
technical regulation adoption, specified in Clause 1 of Article 6 of this
Federal law, is not ensured because of absence of the requirements for design
and modification in view of a risk degree of causing harm.
5.
The technical regulations, in view of a risk degree of causing harm, may
contain the special requirements for products, processes of production,
operation, storage, transportation, marketing and utilization, the requirements
for terminology, packing, marking or labeling and the rules of their affixing,
providing the protection of separate categories of people (minors, pregnant
women, nursing mothers, invalids).
6.
The technical regulations shall be applied in identical way and in equal measure
irrespective of the country and (or) place of product origin, realization of
processes of production, operation, storage, transportation, marketing and
utilization, types or peculiarities of
bargains and (or) natural and (or) legal persons being manufacturers,
executors, sellers, purchasers, taking into account the provisions of Clause 9
of this Article.
7.
The technical regulation may not contain the requirements for the products,
causing harm to life or health of people, which is accumulated during long use
of these products and depends on other factors, not allowing to determine the
degree of permissible risk. In these cases the technical regulation may contain
the requirement concerning the informing of the purchaser on possible harm and
on factors upon which it depends.
8.
The international standards and (or) national standards may be used in full or
in part as a basis for development of draft technical regulations.
9.
The technical regulation may contain the special requirements for products, processes
of production, operation, storage, transportation, marketing and utilization,
terminology, packing, marking or labeling and the rules of their affixing,
applied in separate places of the products origin, if the absence of such
requirements can result, taking into account the climatic and geographical peculiarities, in non-reaching of the purposes specified in
Clause 1 of Article 6 of this Federal law.
The
technical regulations shall also establish the minimally necessary
veterinary-sanitary and phytosanitary measures in relation to products
originating from the separate countries and (or) places, including the
restriction of import, use, storage, transportation, marketing and utilization,
providing biological safety (irrespective of the ways of safety assurance used
by the manufacturer).
The veterinary-sanitary and phytosanitary measures
may provide for the requirements for products, for methods of product
processing and production, for procedures of product testing, inspection,
conformity assurance, the quarantine rules, including the requirements
connected with transportation of animals and plants, for materials necessary to
ensure life or health of animals and plants during their transportation, and
also for methods and procedure of sampling, for methods of research and
evaluating of risk and other requirements contained in technical regulations.
The
veterinary-sanitary and phytosanitary measures shall be developed and applied
on the basis of scientific data, and also taking into account the appropriate
international standards, recommendations and other documents of the
international organizations with a view of observance the necessary level of
veterinary-sanitary and phytosanitary protection, which is defined taking into
account the degree of actual scientifically justified risk. When evaluating the
risk degree there may be taken into consideration the provisions of the
international standards, recommendations of the international organizations,
whose participant is the Russian Federation, prevalence of diseases and pests, and also the measures taken by suppliers for
struggle against diseases and pests, the ecological conditions, the economic
consequences connected with possible causing of harm, the volume of expenses
for preventing of causing the harm.
When
the urgent application of veterinary-sanitary and phytosanitary measures is
necessary for achievement of the purposes of veterinary-sanitary and
phytosanitary protection, and the appropriate scientific substantiation is
insufficient or can not be obtained in proper time, the veterinary-sanitary and
phytosanitary measures, provided for by technical regulations in relation to
definite types of products, may be applied on the basis of available
information, including the information obtained from the appropriate
international organizations, authorities of the foreign states, information on
appropriate measures applied by others states or other information. Before
adoption of the appropriate technical regulations in the case, established by
this paragraph, veterinary-sanitary and phytosanitary measures are valid
according to Clause 5 of Article 46 of this Federal law.
The
veterinary-sanitary and phytosanitary measures shall be applied taking into
account the appropriate economic factors - potential injury from reduction of
volume of product manufacturing or sales in case of penetration, assimilation
or spreading of any pest or disease, expenses for struggle against them or
their liquidation, efficiency of application of alternative measures for
limitation of risks, and also the necessity of minimizing the effect of the
pest or disease on environment, production and circulation of products.
10.
The technical regulation, adopted by the federal law or by decree of the
Government of the Russian Federation, inures not earlier than in six months
from the date of its official publication.
11.
The rules and methods of researches (tests) and measurements, and also the
rules of sampling for carrying out the researches (tests) and measurements,
necessary for application of technical regulations, shall be developed, with
observance of provisions of Article 9 of this Federal law, by federal executive
bodies within the limits of their competence within six months from the date of
official publication of technical regulations, and shall be affirmed by the
Government of the Russian Federation.
12.
The government of the Russian Federation shall develop proposals on ensuring of
conformity of technical regulating to interests of the national economy, to a
level of development of material basis and technological level, and also to the
international norms and rules. For these purposes the Government of the Russian
Federation shall affirm the program of development of technical regulations
which is specified and published yearly.
The
Government of the Russian Federation shall organize the continuous registration
and analysis of all the cases of causing harm, as a result of violation of
requirements of technical regulations, to life or health of people, property of
natural or legal persons, state or municipal property, environment, life or
health of animals and plants, taking into account the weight of this harm, and
also shall organize the informing of purchasers, manufacturers and sellers on
the situation in the field of observance of technical regulation requirements.
A r t i c l
e 8. Types of Technical Regulations
1.
The following technical
regulations are valid in the Russian Federation:
general
technical regulations;
special
technical regulations.
Obligatory
requirements for separate types of products, processes of production,
operation, storage, transportation, marketing and utilization shall be defined
by set of requirements of general technical regulations and special technical
regulations.
2. The
requirements of general technical regulation are obligatory for application and
observance in relation to any kinds of products, processes of production,
operation, storage, transportation, marketing and utilization.
3.
The requirements of express technical regulation shall take into account
technological and other peculiarities of
separate types of products, processes of production, operation, storage,
transportation, marketing and utilization.
4. General technical
regulations shall be adopted regarding:
safe operation and utilization
of machines and equipment;
safe operation of buildings, structures, constructions and safe use of
territories adjoining to them;
fire safety;
biological safety;
electromagnetic compatibility;
ecological safety;
nuclear and radiation safety.
5.
Special technical regulations shall establish the requirements only for those
separate types of product, processes of production, operation, storage,
transportation, marketing and utilization, in relation to which the purposes,
defined by this Federal law for adoption of technical regulations, are not
ensured by the requirements of general technical regulations.
Special
technical regulations shall establish the requirements only for those separate
types of products, processes of production, operation, storage, transportation,
marketing and utilization, whose risk degree of causing harm is higher than the
risk degree of causing harm, taken into account by general technical
regulation.
A r
t i c l e 9. Order of Developing, Adoption, Amending and Cancellation of
Technical Regulation
1. The
technical regulation shall be adopted by a federal law in the order established
for adoption of federal laws, taking into account the provisions of this
Federal law.
2.
Any person may be the developer of draft technical regulation
3.
The
notification about development of draft technical regulation shall be published in the print of
federal executive body on technical regulating and in information system of general-purpose in electronic-digital
format.
The
notification about development of draft technical regulation shall contain the
information on products, processes of production, operation, storage,
transportation, marketing and utilization, in relation to which the
requirements being developed shall be established, with summary of the purpose
of this technical regulation, with substantiation of necessity of its
development and with specifying of those requirements being developed which
differ from provisions of the appropriate international standards or obligatory
requirements, which are valid in the territory of the Russian Federation at the
moment of development of this draft technical regulation, and besides that the
information on a method of familiarization with
draft technical regulation, the denomination or surname, name and patronymic of
the developer of the given draft technical regulation, the postal and e-mail
(if any) addresses for receipt of written notices from the interested persons.
4.
From the moment of publication of the notification on development of draft technical
regulation this draft shall be available to the interested persons for familiarization. The developer is obliged on demand of the
interested person to give him the copy of draft technical regulation. The
payment for giving of this copy may not exceed an expenditure for its
manufacture.
The
developer shall update draft technical regulation taking into account the
written notices of the interested persons, shall carry out public discussion of
draft technical regulation and make the list of written notices of the
interested persons with summarized contents of these notices and results of the
discussion.
The
developer is obliged to save written notices of the interested persons up to
the date of coming into force of technical regulation, adopted by the appropriate
normative legal act, and to grant them to deputies of State Duma, to
representatives of federal executive bodies and expert commissions on technical
regulating, specified in Clause 9 of this Article, at their inquiries.
The
period of public discussion of draft technical regulation from the date of
publication of the notification about development of draft technical regulation
up to the date of publication of the notification about completion of public
discussion may not be less than two months.
5. The
notification about completion of public discussion of draft technical
regulation shall be published in the print of federal executive body on
technical regulating and in general-purpose information system in
electronic-digital format.
The
notification about completion of public discussion of draft technical
regulation shall include the information on a method of familiarization with draft technical regulation and the list of
written notices of the interested persons, and also the denomination or surname,
name and patronymic of the developer of draft technical regulation, the postal
and e-mail (if any) addresses for contact with the developer.
From
the date of publication of notification about completion of public discussion
of draft technical regulation the updated draft technical regulation and the
list of written notices of the interested persons shall be available to the
interested persons for familiarization.
6.
The federal executive body on technical regulating is obliged to publish in the
print the notification about development of draft technical regulation and of
completion of public discussion of this draft within ten days from the moment
of payment for publication of notices. The order of publication of notices and
amount of payment for their publication shall be established by the Government
of the Russian Federation.
7.
The submission of draft federal law on technical regulation to State Duma by a
subject of legislative leadership right shall be carried out in the presence of
the following documents:
substantiation
of necessity of adoption of federal law on technical regulation with specifying
of those requirements, which differ from provisions of the appropriate
international standards or obligatory requirements, which are valid in the
territory of the Russian Federation at the moment of development of draft
technical regulation;
financial
and economic substantiation of adoption of federal law on technical regulation;
documents
confirming the publication of notification about development of draft technical
regulation according to Clause 3 of this Article;
documents
confirming the publication of notification about completion of public
discussion of draft technical regulation according to Clause 5 of this Article;
list
of written notices of the interested persons specified in Clause 4 of this
Article.
Draft
federal law on technical regulation with attached documents specified in this
Clause, submitted to State Duma, shall be addressed by State Duma to the
Government of the Russian Federation. Within one month after that the
Government of the Russian Federation shall address to State Duma its comments
for draft federal law on technical regulation, prepared in view of a conclusion
of the expert commission on technical regulating.
8.
Draft federal law on technical regulation, adopted by State Duma in the first
reading, shall be published in the print of federal executive body on technical
regulating and in general-purpose information system in electronic-digital
format.
The
corrections to draft federal law on technical regulation, adopted in the first
reading, after termination of a period of their handing in shall be published
in general-purpose information system in electronic-digital format not later
than one month prior to consideration by State Duma of draft federal law on
technical regulation in the second reading.
Federal
executive body on technical regulating is obliged to publish in its print the
draft federal law on technical regulation within ten days from the moment of
payment for its publication. The order of publication of draft federal law on
technical regulation and amount of payment for its publication shall be
established by the Government of the Russian Federation.
Draft
federal law on technical regulation, prepared for the second reading, shall be
addressed by State Duma to the Government of the Russian Federation not later
than one month before consideration of the specified draft by State Duma in the
second reading. Within one month after that the Government of the Russian
Federation shall address to State Duma its comments for draft federal law on
technical regulation, prepared in view of a conclusion of the expert commission
on technical regulating.
9.
The expertise of draft technical regulations shall be carried out by expert
commissions on technical regulating, which consist, on an equal footing, of
representatives of federal executive bodies, scientific organizations,
self-regulated organizations, public associations of businessmen and consumers.
The order of
creation and functioning of expert commissions on technical regulating shall be
affirmed by the Government of the Russian Federation. Federal executive body on
technical regulating shall affirm the personnel of expert commissions on
technical regulating and shall provide its functioning. The sessions of expert
commissions on technical regulating shall be open.
The
conclusions of expert commissions on technical regulating are subject to
obligatory publication in the print of federal executive body on technical
regulating and in general-purpose information system in electronic-digital
format. The order of publication of such conclusions and amount of payment for
their publication shall be established by the Government of the Russian
Federation.
10.
In case of noncompliance of technical regulation with the interests of the
national economy, with development of material basis and technological level,
and also with the international norms and rules, the Government of the Russian
Federation is obliged to start the procedure of inserting the
amendments into the technical regulation or procedure of cancellation of the
technical regulation.
The
inserting of amendments and addenda into technical regulation or its
cancellation shall be carried out in the order, provided for in this Article
and Article 10 of this Federal law regarding development and adoption of
technical regulations.
A r t i c l e 10. Special order of development and
adoption of technical regulations
1.
In case of arising of unusual circumstances, resulting in direct threat to life
or health of people, to environment, life or health of animals and plants, and
in cases when for safety assurance of products, processes of production,
operation, storage, transportation, marketing and utilization it is necessary
to adopt immediately the appropriate normative legal act about technical
regulation, President of the Russian Federation has the right to publish the
technical regulation without its public discussion.
2.
Technical regulation may be adopted by an international treaty (including the
treaty with the CIS countries), subject to ratification in the order
established by the legislation of the Russian Federation.
In this case the draft technical regulation shall be developed in the order
established by Clauses 2 to 6 of Article 9 of this Federal law.
3.
Before coming into force of the federal law on technical regulation the
Government of the Russian Federation shall have
the right to publish a decree about appropriate technical regulation, developed
in the order established by Clauses 2 to 6 of Article 9 of this Federal law.
Draft
decree of the Government of the Russian Federation on technical regulation,
prepared for consideration at session of the Governments of the Russian
Federation, not later than one month before its consideration shall be sent for
expertise to appropriate expert commission on technical regulating, which is
created and realizes its activity in the order, established by Clause 9 of
Article 9 of this Federal law. The draft decree of the Government of the Russian Federation about technical regulation shall be
considered at session of the Government of the Russian Federation in view of the conclusion of appropriate expert
commission on technical regulating.
Draft
decree of the Government of the Russian
Federation about technical
regulation shall be published in the print of federal executive body on
technical regulating and in general-purpose information system in
electronic-digital format not later than one month before its consideration at
session of the Government of the Russian
Federation. The order of
publication of the specified draft decree shall be established by the
Government of the Russian
Federation.
4.
The appropriate technical regulation, issued by decree of President of the Russian
Federation or decree of the Government of the Russian
Federation, loses force from the date of coming into force of
federal law on technical regulation.
Chapter 3. STANDARDIZATION
A r t i c l
e 11. The Purposes of Standardization
Standardization
shall be carried out for the purposes of:
heightening
the safety level of life or health of people, property of natural or legal
persons, state or municipal property, ecological safety, safety of life or
health of animals and plants and assistance to observance of the requirements
of technical regulations;
heightening
the safety level of objects taking into account the risk of arising of extreme
situations of natural and man-caused character;
assurance of
scientific and technical progress;
heightening of
competitiveness of products, works and services;
efficient use
of resources;
technical and
information compatibility;
comparability
of results of researches (tests) and measurements, technical and
economic-statistical data;
interchangeability of products.
A r t i c l
e 12. Principles of Standardization
Standardization shall be carried out according to the principles of:
voluntary application of standards;
maximal
responsiveness of lawful interests of the interested persons during development of
standards;
application
of the international standard as a basis for development of the national
standard, except for the cases when such application is recognized to be
impossible as a result of noncompliance of requirements of the international
standards with climatic and geographical peculiarities of the Russian Federation, with technical and (or) technological peculiarities, or by other reasons, or if the Russian
Federation opposed against adoption of the international standard or its
separate provision in accordance with the established procedures.
inadmissibility
of creation the barriers to production and circulation of products, executing
of works and rendering of services in the greater degree, than it is minimally
necessary for execution of the purposes specified in Article 11 of this Federal
law;
inadmissibility
of establishing such standards which contradict technical regulations;
assurance of conditions for uniform application of
standards.
A r t i c l
e 13. Documents in the Field of Standardization
The
following documents shall be referred to documents in the field of
standardization, used in the territory of the Russian Federation:
national
standards;
rules
of standardization, norms and recommendations in the field of standardization;
classifications
applied in accordance with the established procedure, all-Russian classifiers
of technical and economic and social information;
standards of organizations.
A r
t i c l e 14. National Standards Body of the Russian Federation,
Technical Committees on Standardization
1.
National standards body of the Russian Federation (hereinafter referred to as
national standards body) shall:
affirm
national standards;
adopt the
program of development of national standards;
organize the
expertise of draft national standards;
ensure
the conformity of national standardization system to the interests of the
national economy, to condition of material basis and scientific and technical
progress;
realize
the registration of national standards, rules of standardization, norms and
recommendations in this area and shall ensure their availability for the
interested persons;
create
technical committees on standardization and shall coordinate their activity;
organize
publication and distribution of national standards;
participate,
according to charts of the international organizations, in development of the
international standards and shall ensure the taking into account of interests
of the Russian Federation in process of their adoption;
affirm the
image of a mark of conformity to national standards;
represent
the Russian Federation in the international organizations carrying out activity
in the field of standardization.
2.
The government of the Russian Federation shall define the body, authorized for
execution of functions of national standards body.
3. With a
view of this Article the publication of the national standard by national
standards body shall be understood as the publication of the national standard
in Russian in the print and in general-purpose information system in
electronic-digital format.
4.
The technical committees on standardization may include, on an equal footing
and voluntary basis, the representatives of federal executive bodies,
scientific organizations, self-regulated organizations, public associations of
businessmen and customers.
The order
of creation and functioning of technical committees on standardization shall be
affirmed by national standards body.
The
sessions of technical committees on standardization shall be open.
A r t i c l e 15. National Standards, All-Russian
Classifiers of Technical and Economic and Social Information
1.
The national standards and all-Russian classifiers of technical and economic
and social information, including the rules of their development and
application, represent the national standardization system.
2.
The national standards shall be developed in the order established by this
Federal law. National standards shall be affirmed by national standards body
according to rules of standardization, norms and recommendations in this area.
The
national standard shall be applied on a voluntary basis similarly and to equal
extent irrespective of the country and (or) place of a product origin,
processes of production, operation, storage, transportation, marketing and
utilization, executing of works and rendering of services, types or peculiarities of bargains and (or) the persons being
manufacturers, executors, sellers, purchasers.
Application
of the national standard shall be confirmed by a mark of conformity to the
national standard.
3. The
all-Russian classifiers of technical and economic and social information
(hereinafter referred to as all-Russian classifiers) are the normative
documents arranging the technical and economic and social information according
to its classification (classes, groups, types, etc.). The classifiers are
obligatory for application when creating the state information systems and
information resources and during interdepartmental information interchange.
The
order of development, adoption, enactment, maintenance and application of
all-Russian classifiers in socio economic area (including forecasting, statistical account, bank activity, taxation,
interdepartmental information exchange, creation of information systems and
information resources) shall be established by the Government of the Russian
Federation.
A r
t i c l e 16. Rules of Development and Approval of National Standards
1.
National standards body shall develop and approve the program of development of
national standards. The national standards body shall ensure the availability
of the program of development of national standards to the interested persons
for familiarization.
2. Any person
may be the developer of the national standard.
3.
The notification about development of the national standard shall be addressed
to national standards body and shall be published in general-purpose
information system in electronic-digital format and in the print of federal
executive body on technical regulating. The notification about development of
the national standard shall contain the information on those provisions,
contained in draft national standard, which differ from provisions of the
appropriate international standards.
The
developer of the national standard shall ensure availability of draft national
standard to the interested persons for familiarization. The developer is obliged, on demand of the
interested person, to grant him the copy of draft national standard. The
payment for granting of the specified copy may not exceed an expenditure for
its manufacture.
In
case the developer of the national standard is the federal executive body, the
payment for granting the copy of draft national standard shall be effected to
the federal budget.
4.
The developer shall update the draft national standard in view of written
notices of the interested persons, shall carry out public discussion of the
draft national standard and shall make the list of written notices of the
interested persons with summary of the notices contents and results of their
discussion.
The
developer is obliged to save written notices of the interested persons up to
approval of the national standard and to represent them to national standards
body and technical committees on standardization upon their inquiries.
The
period of public discussion of draft national standard from the date of
publication of notification about development of draft national standard up to
the date of publication of notification about completion of public discussion
may not be less than two months.
5.
The notification about completion of public discussion of draft national
standard shall be published in the print of federal executive body on technical
regulating and in general-purpose information system in electronic-digital
format.
From
the date of publication of notification about completion of public discussion
of draft national standard the updated draft national standard and the list of
written notices of the interested persons shall be available for the interested
persons for familiarization.
6. The
order of publication of notification about development of draft national
standard and notification about completion of public discussion of draft
national standard and the amount of payment for their publication shall be
established by the Government of the Russian Federation.
7.
Draft national standard simultaneously with the list of written notices of the
interested persons shall be represented by the developer to technical committee
on standardization, which organizes the conducting of expertise of the given
draft.
8.
On the basis of documents, specified in Clause 7 of this Article, and taking
into account the expertise results the technical committee on standardization
shall prepare the motivated proposal on approval or rejection of draft national
standard. The given proposal shall be addressed to national standards body
simultaneously with the documents and expertise results specified in Clause 7
of this Article.
The
national standards body on the basis of documents, represented by technical
committee on standardization, shall make a decision on approval or rejection of
the national standard.
The
notification about approval of the national standard is subject to publication
in the print of federal executive body on technical regulating and in
general-purpose information system in electronic-digital format within thirty
days from the date of the approval of the national standard.
In
case the national standard is rejected, the motivated decision of national
standards body with attachment of the documents, specified in Clause 7 of this
Article, shall be addressed to developer of the draft national standard.
9.
The national standards body shall affirm and publish in the print of federal
executive body on technical regulating and in general-purpose information
system in electronic-digital format the list of national standards which may be
applied on a voluntary basis for observance of the requirements of technical
regulations.
A r t i c l
e 17. Standards of Organizations
1.
Standards of organizations, including the mercantile, public, scientific,
self-regulated organizations and associations of legal persons may be developed
and affirmed by them independently proceeding from necessity of application of
these standards for the purposes specified in Article 11 of this Federal law,
for perfecting of production and quality assurance of product, executing of
works, rendering of services, and also for spreading and using of results of
researches (tests), measurements and developments, obtained in different fields
of knowledge.
The order
of development, approval, registration, amendment and cancellation of
standards of organizations shall be established by them independently taking
into account the provisions of Article 12 of this Federal law.
The draft
standard of organization may be represented by the developer to technical
committee on standardization, which organizes the expertise of the given draft.
On the basis of expertise results of the given draft the technical committee on
standardization shall prepare the conclusion, which is addressed to developer
of this draft standard.
2.
Standards of organizations shall be applied similarly and to equal extent
irrespective of the country and (or) place of a product origin, production
processes, operation, storage, transportation, marketing and utilization,
executing of works and rendering of services, types or peculiarities of bargains and (or) persons being manufacturers, executors, sellers or
purchasers.
Chapter 4. CONFORMITY
ASSURANCE
A r t i c l
e 18. The Purposes of Conformity Assurance
Conformity
assurance shall be carried out with the purposes of:
certifying
the conformity of products, processes of production, operation, storage,
transportation, marketing and utilization, works, services or other objects to
technical regulations, standards, conditions of contracts;
assistance
to purchasers in competent selection of products, works and services;
heightening
of competitiveness of products, operations and services in the Russian and
international markets;
creation
of conditions for assurance of free migration of goods in the territory of the
Russian Federation, and also for implementing of international economic,
scientific and technical cooperation and international trade.
A r t i c l
e 19. Principles of Conformity Assurance
1.
Conformity assurance shall be carried out on the basis of:
availability
of information on procedure of conformity assurance for the interested persons;
inadmissibility
of application of obligatory conformity assurance for the objects, in relation
to which the requirements of technical regulations are not established;
establishing
of the list of forms and schemes of obligatory conformity assurance in relation
to definite types of products in appropriate technical regulation;
reduction
of periods of obligatory conformity assurance and expenditures of an applicant;
inadmissibility
of forcing to voluntary conformity assurance, including any definite system of
voluntary certification;
protection
of property interests of applicants, observance of commercial secret in
relation to data obtained during conformity assurance;
inadmissibility
of substitution of obligatory conformity assurance by voluntary certification.
2.
Assurance of conformity shall be developed and applied similarly and to equal
extent irrespective of the country and (or) place of a product origin,
processes of production, operation, storage, transportation, marketing and
utilization, executing of works and rendering of services, types or peculiarities of bargains and (or) persons being manufacturers,
executors, sellers or purchasers.
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