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FEDERAL LAW
No. 184-ФЗ, 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
Article 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.
Article 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 russian 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 russian 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;
Russian certification – the form of conformity assurance of objects to the requirements of technical regulations, to provisions of standards or conditions of contracts, realized by russian certification body;
Conformity certificate (russian certificate of conformity) – 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 russian certification, its participants and rules for operation of the russian 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.
Article 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 russian 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 russian certification;
inadmissibility of combining the powers of state control (supervision) body and russian certification body;
inadmissibility of combining the accreditation and russian certification powers by one body;
inadmissibility of off-budget financing of the state control (supervision) over observance of the technical regulation requirements.
Article 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.
Article 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.
© 1997 INO «IQC» - GOST R certification in Russia. Russian certificate of compliance, gost certificate of quality in certification system GOST R (Rostechnadzor). Russian testing lab Rostest.