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Law No. 163 Of June 24, 2015 On National Standardization

Original Language Title: LEGE nr. 163 din 24 iunie 2015 privind standardizarea naţională

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LEGE no. 163 163 of 24 June 2015 on national standardisation
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 470 470 of 30 June 2015



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law establishes the legal framework for the organization of national standardization activity, Romania's participation in European and international standardization and the necessary measures to apply the provisions Regulation (EU) No 1.025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Directives 89 /686/EEC and 93 93 /15/EEC of the Council and Directives 94 /9/EC , 94 94 /25/EC , 95 95 /16/EC , 97 97 /23/EC , 98 98 /34/EC , 2004 2004 /22/EC , 2007 2007 /23/EC , 2009 2009 /23/EC and 2009 2009 /105/EC of the European Parliament and of the Council and repealing the Decision 87 /95/EEC of the Council and Decision no. 1.673/2006/EC of the European Parliament and of the Council, published in the Official Journal of the European Union (JOUE), L series, no. 316 316 of 14 November 2012, hereinafter referred to as Regulation (EU) No 1.025/2012 . + Article 2 (1) For the purposes of this law, the following terms and expressions have the following meanings: a) standardisation-the specific activity carried out by a recognised body through which standards and other standardisation documents for common and repeated use are developed, approved, revised, amended, adopted and cancelled; b) national standardisation-standardisation taking place at national level by the recognised national standardisation body; c) national standardisation programme-the annual work programme of the national standardisation body, containing the list of themes covered by the standardisation work; d) National conflict standard-the national standard having the same scope with a European standard and containing conditions in contradiction with those of the European standard; e) compliance with a standard-meeting all requirements of a standard; f) the mark of conformity-the protected mark, applied or issued on the basis of the rules of a conformity assessment system, indicating with a sufficient degree of confidence that the product, process or service in question complies with the requirements of the standard national; g) regulation-the document containing binding rules and adopted by an authority of the state or at European level; h) technical committee-the working structure carrying out standardisation work on specific areas without legal personality established within a recognised standardisation body and where stakeholders designate representatives; i) interested party-person, group or organisation, including public authorities, who have an interest or concern in the work of standardisation. ((2) For the purposes of this Law, the terms "standard", "international standard", "European standard", "harmonised standard", "European standardisation document", "technical specification", "draft standard", "product", "service", " organisation of European standardisation "," international standardisation body "and" national standardisation body " have the meaning provided for in Regulation (EU) No 1.025/2012 . + Article 3 National standardisation activity is an activity of general public interest and contributes to: a) increasing competitiveness of the national economy b) removing technical barriers to trade; c) the proper application of regulations and public policies; d) promoting the results of R & D and innovation; e) protection of consumer and environmental interests; f) sustainable use of resources; g) representation of national interests in international and European standardisation work. + Article 4 The following principles shall apply in national standardisation: a) elaboration and adoption of the Romanian standards on the basis of consensus of the stakeholders; b) transparency, coherence and public availability; c) participation of all stakeholders; d) the voluntary nature of the Romanian standards; e) independence from any possible predominant interest; f) compliance with European and international standards; g) correlation of Romanian standards with the evolution of legislation; h) representation of national interests in international and European standardisation work. + Chapter II Romanian standards + Article 5 (1) The Romanian standards are the standards that are developed and approved in the framework of national standardisation. They shall be identified with the indication of the SR logo, the standard number and the year of its publication. The SR logo signifies "Roman standard" and applies only to Roman standards. When the Romanian standards adopt European and/or international standards, the SR logo will be followed by the combination of letters that identify the European and/or international standards adopted. (2) The Romanian standards must contain provisions that do not contravene the legislation in force. (3) European standards, international standards and other standardisation documents shall be adopted at national level as Romanian standards by one of the following methods: a) the confirmation note; b) the confirmation tab; c) Romanian version. + Article 6 (1) The application of Romanian standards is voluntary. (2) The application of a Romanian standard may become mandatory, in whole or in part, throughout the territory, on the local area or on a local level, only through a regulation, if considerations of public order, of protection of life, of health and the security of individuals, the environment and the interests of consumers make such a measure necessary. + Article 7 (1) The references to standards in legislation must explicitly provide that their application is the recommended way, without being alone, in order to demonstrate compliance with the requirements of the respective normative acts. (2) The regulations contain only references to the Romanian standards developed and approved at national level, as well as to Romanian standards that adopt at national level European standards, international standards or other standardization documents, according to art. 5 5 para. ((3). (3) To facilitate the use of the standards referred to in 5 5 para. ((3) lit. a) and b), they shall be published in Romanian version, within a maximum of 2 years after the entry into force of the regulation, under the conditions provided in art. 17. + Article 8 (1) The Romanian standards, European standards, international standards and European and international standardisation documents, including their projects, are considered scientific documentation in the sense Law no. 8/1996 on copyright and related rights, with subsequent amendments and completions, and are protected by copyright. (2) The full or partial reproduction and dissemination of the Romanian, European and international standards and of the European and international standardisation documents shall be admitted only if there is in advance the written consent of the national body of standardization. ((3) Anyone who declares compliance with a Romanian standard, by a mark, declaration or certificate, must provide proof of legal possession of the respective standard under the conditions of this law. + Chapter III National standardisation body + Article 9 (1) The national standardisation activity is carried out by the Association of Standardization in Romania-ASRO, hereinafter referred to as ASRO, which is the national standardisation body recognized by Government decision, notified to the European Commission and published in the Official Journal of the European Union ((2) ASRO is the legal person of private law, of general public interest, having legal status of association without patrimonial purpose, which applies the principles of national standardization provided in art. 4 and performs the duties provided in art. 12 12 para. ((1). (3) The ASRO Statute must comply with the provisions of this Law (4) The management body of ASRO is the general meeting, which includes all the members of the association and which is structured in the following colleges: a) College A-College of accredited bodies; b) College B-College of beneficiaries; c) College C-consumer college; d) College D-College of Research and Development and Innovation; e) College E-college of authorities. (5) The ASRO Board of Directors is the organizational structure made up of the elected members of the ASRO, which ensures the execution of the decisions of the general assembly, and is led by the ASRO president. (6) The members of the Board of Directors shall choose from among their Vice-Presidents ASRO. The designated representative of the Ministry of Economy, Trade and Tourism also holds the position of Vice President of ASRO. + Article 10 ((1) By way of derogation from provisions art. 15 15 of Law no. 213/1998 on public property, as amended, the Ministry of Education and Scientific Research provides ASRO, in use, on the basis of lease agreement, a space with the destination of headquarters in Bucharest, str. Mendeleev nr. 21-25, Sector 1. ((2) The contract shall produce its effects until ASRO can operate in another establishment. + Article 11 (1) ASRO represents Romania, as a member, in the following European and international standardization organizations: a) CEN-European Committee for Standardisation; b) CENELEC-European Committee for Standardisation in Electrotechnics; c) ETSI-European Institute for Standardisation in Telecommunications; d) ISO-International Organization for Standardization; e) CEI-International Electrotechnical Commission. ((2) The amounts representing the contributions related to the membership in the standardisation organizations referred to in par. (1) is allocated from the state budget, through the budget of the Ministry of Economy, Trade and Tourism. + Article 12 (1) ASRO has the following main tasks: a) the establishment of the national standardisation methodology, in accordance with the provisions Regulation (EU) No 1.025/2012 , of the present law and with the rules of European and international standardization; b) participation in European and international standardisation work; c) the development, publication and annual implementation of the national standardisation programme; d) elaboration, approval and publication of Romanian standards; e) examination, modification, revision, reconfirmation and cancellation of Romanian standards; f) adoption of European and international standards as Romanian standards; g) adoption of other standardisation documents as Romanian standards; h) establishment and provision of the necessary framework for the functioning of the national technical standards committees i) to provide the methodological framework for participation in European and international standardisation of stakeholders; j) fulfilling the obligations of Romania's representation in European and international standards organizations; k) ensuring public information through the publication and dissemination of Romanian standards and other relevant publications on national standardisation; l) marketing of Romanian standards; m) the marketing of international standards and national standards of other countries, including import/export standards; n) management of the national documentary fund of Romanian standards, including private technical specifications; o) the monthly elaboration and publication of the Standardization Bulletin; p) provision of consulting services, expertise, training, knowledge transfer, technical assistance and the like in the field of standardization; q) granting of the right of use of the conformity marks to the Romanian standards, upon request, for products and services in accordance with the Romanian standards, based on their own procedures; r) issue of an advisory opinion, at the request of the authorities, in the process of elaboration of normative acts related to standards or standardization; s) the performance of the activity reporting tasks provided in art. 24 24 para. ((1) of Regulation (EU) No 1.025/2012 ; s) participation in the exchange of information on standards and standardisation work within the European and international standardisation system, according to art. 3 3 and 4 of Regulation (EU) No 1.025/2012 and Law no. 133/1994 for the ratification of the Marrakech Agreement establishing the World Trade Organisation, the International bovine Meat Agreement and the International Dairy Agreement concluded in Marrakech on 15 April 1994; t) participation in research in standardisation, programmes and research projects with national, European and/or international funding. (2) ASRO has the exclusivity of exercising the powers provided in par. ((1) lit. a)-l), n), o) and q)-s). (3) The national standardisation activity shall be carried out on the basis of the national standardisation methodology referred to in par. ((1) lit. a) and published on the ASRO website. (4) For the services provided in par. ((1) lit. d)-h), l), m), p) and q), as well as for other services, ASRO has the right to establish and collect tariffs. (5) The rates established by ASRO for the services provided in par. (4) shall be endorsed by the Ministry of Public Finance. + Chapter IV Transparency and participation in standardisation + Article 13 (1) The national standardisation programme referred to in art. 12 12 para. ((1) lit. c), is elaborated annually by ASRO, according to art. 3 3 of Regulation (EU) No 1.025/2012 , and is endorsed by the Ministry of Economy, Trade and Tourism. (2) The national standardisation programme, in the project, shall be subject to public consultation for a period of 30 days, by publishing it on the ASRO website. The national standardisation programme, in final form, shall be published on the ASRO website. (3) Any interested party may formulate and submit to ASRO proposals for the elaboration, modification, revision or adoption of a Romanian standard, in compliance with the national standardization methodology. + Article 14 The national standardisation programme shall comprise European standards, national standards, the drafting or revision of which shall be required, and international standards or other standardisation documents identified as necessary following consultations. public authorities and other private stakeholders. + Article 15 (1) European standards, international standards and other standardisation documents are applicable in Romania only in the form of Romanian standards, which are adopted at national level. (2) All European standards must be adopted as Romanian standards and national conflicting standards shall be cancelled. (3) International standards and other standardisation documents shall be adopted as Romanian standards, at the request of the interested parties. + Article 16 (1) Any interested party in Romania may participate, through ASRO, in European and international standardisation, in compliance with the national standardisation methodology. ((2) The ASRO shall formulate and transmit the national vote to the draft European and international standards or other standardisation documents in the public inquiry, on the basis of the views expressed by the interested parties. + Article 17 In order to achieve the national standardisation programme and to support the application of regulations or the promotion of public policies in its own areas of competence, public authorities shall conclude service contracts with ASRO, for the adoption of European standards, as Romanian standards, the elaboration, modification, or revision of Romanian standards or the adoption of international standards or other standardisation documents as national standards. + Chapter V Relations with ASRO + Article 18 (1) Public authorities have the obligation to consult ASRO in the process of elaboration of normative acts referring to or related to national standards or standardization. (2) In order to ensure consistency between national regulations and standards, public authorities shall participate in the standardisation work by nominating representatives in technical committees of interest. + Article 19 As coordinator of quality infrastructure and conformity assessment, Ministry of Economy, Trade and Tourism: a) perform the tasks provided by Regulation (EU) No 1.025/2012 in relation to the ASRO, the Member States and the European Commission; b) ensure the necessary measures to link national policies with the policies of the European Union which include aspects of standardisation; c) ensure and take measures, where appropriate, that ASRO, through its policies, strategy and practices, respond with competence, timeliness and openness to requests in relation to standardisation; d) shall, in advance, endorse any change in the status of ASRO; e) designate, by order of the Minister of Economy, Trade and Tourism, a representative of his, who has the status of Vice President of ASRO with the right of veto in making decisions regarding national policy in the field of standardization. + Chapter VI Financing of national standardisation + Article 20 Sources of funding for national standardisation are mainly: a) tariffs charged according to art. 12 12 para. ((4), on the basis of contracts concluded with beneficiaries, including contracts financed on the basis of art. 3 3 para. (2) of Government Ordinance no. 20/2010 on the establishment of measures for the uniform application of European Union legislation harmonising the conditions for the marketing of products, approved with amendments by Law no. 50/2015 , as amended, by providing in the budgets of ministries and public authorities the amounts necessary for the payment of service contracts concluded with ASRO; b) allocation from the state budget, through the budget of the Ministry of Economy, Trade and Tourism, within the limits of the budgetary provisions approved annually with this destination, based on the framework contract of financing for public interest activities, in the field of standardisation, which is renewed annually. + Article 21 (1) The activities of public interest provided in art. 20 lit. b) are those related to ASRO's tasks, established in art. 12 12 para. ((1) lit. b), j), n), o), r), s) and s). (2) ASRO organizes a separate bookkeeping for the activities referred to in par. ((1). + Article 22 In order to encourage and increase the participation of Romanian experts in European and international standardisation in areas of national interest, the public authorities concerned may finance the costs of these participations. + Chapter VII Transitional and final provisions + Article 23 (1) The marks of conformity with the Romanian standards set out in the Annex which are an integral part of this Law are the property of ASRO and are registered with the State Office for Inventions and Trademarks. (2) The conformity marks referred to in par. (1) may be used by interested entities only with the ASRO agreement. + Article 24 (1) Within 90 days from the entry into force of this Law, the Ministry of Economy, Trade and Tourism shall develop and approve, by order, the framework contract for the financing of public interest activities in the field of standardization to art. 21 21 para. ((1). (2) Until the approval of the tariffs by the Ministry of Public Finance, according to art. 12 12 para. (5), ASRO will provide the services provided in art. 12 12 para. (4) at the tariffs charged on the date of entry into force of this Law. + Article 25 On the date of entry into force of this Law, Government Ordinance no. 39/1998 on national standardisation activity, published in the Official Gazette of Romania, Part I, no. 43 of 30 January 1998, approved with amendments and additions by Law no. 355/2002 , as amended and supplemented, shall be repealed. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALERIU-STEFAN ZGONEA SENATE PRESIDENT CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, June 24, 2015. No. 163. + Annex CONFORMITY MARKS with Romanian standards The brands of compliance with the Romanian standards are as follows: SR and SR-S. The symbols of the SR and SR-S brands are those in the figure below. Symbols image The SR brand is awarded to products certified according to the requirements of a Romanian standard. The SR-S brand is awarded to products certified in accordance with the requirements of a Romanian standard that provides for security requirements. NOTE: The size of the marks are -mark SR: 38 mm height/37 mm long; -brand SR-S: 38 mm height/41 mm long. The colour of the mark shall be chosen by the holder, provided that the mark is distinct in context. If the mark has to be increased or decreased, it is necessary to respect the proportions shown in the figure above. The vertical dimension of the mark shall not be less than 10 mm. ------