On Certification Of Products And Services

Original Language Title: О сертификации продукции и услуг

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expused force since July 1, 2003- Federal Law Law 27.12.2002 N 184-FZ A O N. About the product and services certification (In the edition of federal laws from 27.12.95 g. N 211-FZ; of 02.03.98 N 30-FZ; 31.07.98 N 154-FZ; of 25.07.2002 N 116-FZ; dated 10.01.2003 N 15-FZ) This Law establishes the legal basis for mandatory and voluntary certification of products, services and other objects (hereinafter products) in the Russian Federation, as well as rights, duties and obligations liability of the participants in the certification. Section I GENERAL Article 1. The concept of certification Product certification (remainder-certification)-procedure for demonstrating compliance, by which an independent manufacturer (seller, performer) and consumer (s) shall certify in writing that the produce meets the requirements. (In the wording of the Federal Law No. 31.07.98) N 154-FZ) Certification is carried out for the purposes of: creating conditions for the activities of organizations and entrepreneurs in the single commodity market of the Russian Federation, as well as for participation in the international economic, trade and economic cooperation. Scientific and technical cooperation and international trade; (In the wording of Federal Law of 31.07.98) n 154-FZ ) consumer product selection assistance to consumers; consumer protection against manufacturer's bad faith (seller, executor); { \cs6\f1\cf6\lang1024 } Environment { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Environment { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Health { \cs6\f1\cf6\lang1024 } Certification may be mandatory and voluntary. Article 2. Russian Federation's legislation on certification Relations in the field of certification are regulated by this Law and by the laws of the Russian Federation THE RUSSIAN FEDERATION Article 3. International treaties If the international treaty of the Russian Federation sets other rules than those contained in the legislation of the Russian Federation on certification, the rules are applied. international treaty. Article 4. SpecialityFederal { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Certification Authority{ \cs6\f1\cf6\lang1024 } (In the Federal Law dated 31.07.98 g. N 154-F) Specially authorized by the federal executive authority in the field of certification in accordance with this Law: (In the wording of Federal Law dated 31.07.98 g. N 154-FZ ) forms and implements state policy in the field certification, sets general rules and recommendations for certification in the territory of the Russian Federation and publishes official information about them; performs state registration of certification systems and conformity signs in effect in the Russian Federation; publishes official information about of the Russian Federation { \cs6\f1\cf6\lang1024 } International { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } } (regional) certification schemes, and may also , in the established procedure, conclude agreements with international (regional) organizations on mutual recognition of results certification; represents the Russian Federation in the prescribed manner in International (regional) certification organizations as the national authority of the Russian Federation for certification. Article 5. Certification Scheme 1. The certification system is created by the federal executive authorities, the organizations and is a collection of certification participants who certify by the rules established in the system in accordance with this Law. (In the wording of Federal Law 31.07.98) N154-FZ) The certification system can include enterprises, institutions, and organizations regardless of form of ownership, as well as public associations. A certification system can include multiple systems homogenous products. 2. The certification schemes are subject to State registration in the procedure established by the designated federal executive authority in the field of certification. (In the wording of Federal Law of 31.07.98) N 154-F) Article 6. Certificate and compliance mark 1. A certificate of compliance (hereinafter-the certificate)-a document, issued by the rules of the certification system to confirm the compliance of certified products with the installed requirements. The required integral part of the certificate of compliance is a fire safety certificate. (The paragraph is supplemented by the Federal Law of 27.12.95). N 211-FZ )The State Fire Service of the Federal Executive responsible for the organization and conduct of certification of products and services in the field of fire safety Emergency prevention and disaster management, in consultation with the designated federal executive authority in the field of certification. (The paragraph is amended by the Federal Act of 27 December 1995. N 211-FZ (Federal Law of 31.07.98) N 154-FZ; of 25.07.2002 N 116-FZ 2. The compliance mark is registered in the { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b } { \b Requirements. The procedure for state registration of conformity marks shall be established by a specially authorized federal executive authority in the field of certification. (In the wording of Federal Law from 31.07.98 g. N 154-F) 3. The rules for the application of conformity marks shall be established in accordance with the rules laid down by the specially authorized federal executive authority in the field of certification. class="ed"> (In the Federal Law of 31.07.98) N 154-F) Section II REQUIRED CERTIFICATION Article 7. Mandatory certification 1. Mandatory certification is carried out in the cases of the Russian Federation's legislative acts. The certificate and the compliance mark are distributed throughout the territory of the Russian Federation. (The paragraph is supplemented by the Federal Law of 31.07.98). N 154-F) 2. The organization and conduct of compulsory certification works are assigned to the specially authorized federal executive authority in the field of certification, and in cases stipulated by Russian legislative acts. Federations for certain products may be attributed to other federal executive bodies. (In the wording of Federal Law of 31.07.98) N 154-F) 3. The form of mandatory product certification is established by a specially authorized federal executive authority in the field of certification or by other federal executive authorities. authorized by this article, taking into account established international and international practice. (In the wording of Federal Law of 31.07.98) N154-FZ) 4. Compliance can also be demonstrated by acceptance by the manufacturer (seller, perpetrator) of the declaration of conformity. The compliance declaration is a document in which the manufacturer (the seller, the executor) certifies that the delivered (s) products meet the requirements. The lists of products, which can be confirmed by the declaration of conformity, the requirements of the declaration of conformity and the procedure for its adoption shall be approved by the Government of the Russian Federation. The compliance declaration adopted in accordance with the established procedure is registered with the certification authority and has legal effect on the same basis as the certificate. class="doclink "href=" ?docbody= &prevDoc= 102024126&backlink=1 & &nd=102054698" target="contents "title=" "> from 31.07.98 g. N154-FZ) 5. Advertising of products subject to compulsory certification is carried out in accordance with the procedure established by the legislation of the Russian Federation on advertising. (...) (...) N 30-FZ) (Paragraph 4 should be considered as paragraph 5 of the Federal Law of 31.07.98). N 154-FZ) Article 8. Mandatory certification participants Members of compulsory certification are the federal executive authority in the field of certification, other federal authorities competent authorities, authorized to carry out compulsory certification work, certification authorities, testing laboratories (centres), manufacturers (sellers, perpetrators), and central authorities of certification systems, Organization and coordination, as appropriate Work in a homogeneous product certification scheme. (In the wording of Federal Law of 31.07.98) N154th FZ) It is possible to work on compulsory certification of an organization, regardless of their organizational and legal form and form of ownership if they are not manufacturers (sellers, ) and the consumer (s) of the products they certify, subject to their accreditation in due course. (In the wording of the federal laws of 31.07.98, N154-FZ; dated 10.01.2003; N 15 -FZ) Article 9. The powers of the federal executive authorities (as amended by the Federal Law of 31.07.98) N 154-FZ) Specially authorized by the federal executive authority in the field of certification and other federal executive authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION href=" ?docbody= &prevDoc= 102024126&backlink=1 & &nd=102054698 "target="contents" title= " "> dated 31.07.98 g. N 154-FZ ) Create a uniform product certification system and set the rules of procedure and management for certification in these systems; confirmation of compliance products with regulatory documents (certification forms); define central certification system bodies; accredit certification authorities and testing laboratories (Centres); (In the wording of Federal Law dated 10.01.2003. N 15-FZ) maintains state registry of participants and objects certification; set rules for recognition of foreign certificates, conformity marks and test results; set the accreditation rules; (In the Federal Law of 10.01.2003) N 15-FZ ) performs state control and supervision and establishes the procedure for the inspection of the certification rules for certified products; appeals on certification issues; (Paragraph 11 is excluded-Federal Law of 31.07.98) N 154-FZ) Article 10. Central Organ of the System Certification Central Authority of the Certification Scheme: organizes, coordinates, and sets rules procedures and controls in the system it leads certification; deals with applicants ' appeals against the actions of the organs on certification, testing laboratories (centers). Article 11. Certification authority Certification Authority: will identify the products submitted for certification in accordance with the rules of the Certification Scheme; Federal law of 31.07.98 N 154-FZ) Certify products, issues certificates; (In the wording of Federal Law of 10.01.2003) N 15-FZ) performs inspection control of certified products in the prescribed manner; (New paragraph 4 complemented by Federal Law dated 31.07.98 g. N154-FH) suspends or cancellates the validity of certificates issued by ; provides the applicant with the required information within its jurisdiction. Article 12. Test Laboratory (s) Test laboratories (centres) accredited in accordance with the established procedure shall carry out specific product tests or specific tests and issue test reports for purposes of testing. Certification. (In the wording of Federal Law of 31.07.98) N 154-FZ) Article 13. The responsibilities of manufacturers (sellers, performers) Manufacturers (sellers, performers) of products subject to mandatory certification and implemented in the territory of the Russian Federation are obliged: implement these products only if there is a certificate issued by or recognized by theor the declaration of compliance adopted in accordance with the established procedure; Law dated 31.07.98 g. N 154-FZ to ensure that the product is compliant regulatory documents to which it was certified and labeling it sign of compliance in prescribed order; specify information about the certificate or declaration of compliance and the regulatory documents that the product should conform to in the accompanying technical documentation. Ensure that this information is communicated to the customer (customer, customer); (In the wording of Federal Law of 31.07.98) N154th FZ) Suspend or terminate a product if it does not meet the requirements of a regulatory document that is certified or confirmed by a declaration of conformity, The expiry of the certificate, the declaration of conformity or expiration of the product, the length of its service and, if the certificate is suspended or cancelled by the certification authority's decision; class="doclink " href=" ?docbody= &prevDoc= 102024126&backlink=1 & &nd=102054698 "target="contents" title= " "> dated 31.07.98 g. N154-FZ ) To ensure that its powers are freely exercised by the mandatory certification of products and the control of certified products; notify the certification authority, in accordance with the procedure specified by them, of changes made to the technical documentation or to the workflow process for the production of certified products. Article 14. Import conditions of imported product 1. Under the terms of contracts (contracts) concluded for the supply to the Russian Federation of products subject to the legislation of the Russian Federation of compulsory certification, the presence of a certificate and sign should be made available. Compliance with the requirements. These certificates and conformity marks shall be issued or recognized by the designated official as the federal executive authority. (In the wording of Federal Law dated 31.07.98 g. N 154-F) 2. Certificates or certificates of recognition shall be submitted to the Customs authorities together with the Customs Goods declaration and are necessary documents for obtaining a permit for the importation of products into the territory of the Russian Federation. In exceptional cases, the Government of the Russian Federation has the right to grant permission to import products intended for the production needs of a specific organization without a submission to the customs authorities of certificates or certificates of recognition, subject to the subsequent certification of the products in the territory of the Russian Federation. (The paragraph is supplemented by the Federal Law of 31.07.98). N 154-F) 3. The importation into the Russian Federation of products subject to compulsory certification is established by the federal executive authority in the customs case and by a specially authorized official by the federal executive authority in the field of certification in accordance with the legislative acts of the Russian Federation. (In the wording of Federal Law dated 31.07.98 g. N 154-FZ) Article 15. State control and supervision of compliance with the rules of compulsory certification and for certified products 1. State control and supervision of compliance by manufacturers (sellers, perpetrators), testing laboratories (centres), certification authority certification bodies and certified products are provided by By a specially authorized federal executive authority in the field of certification, other specially authorized federal executive authorities within their competence. (In the wording of Federal Law of 31.07.98) N 154-F) 2. Directly state control and supervision of compliance with the rules of certification and certified products are carried out by government officials control and supervision of compliance of the mandatory requirements of the State standards. These officials exercise State control and supervision of compliance with rules on certification and certified products in order and under the conditions established by the Russian Law Federation of "O Standardization". Article 16. Funding for certification and State control and supervision 1. Mandatory public funding is subject to: development of certification development forecasts, rules and recommendations for its implementation; provision of official information in the field of certification; participation in international (regional) organizations ' work on the certification and operations with foreign national certification bodies; development and (or) participation in the development of international (regional) certification rules and recommendations; { \cs6\f1\cf6\lang1024 } Develop { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b State control and supervision of compliance with the certification and certified products; Maintenance of the State Certification Register and accreditation and archival of materials state registration of certification systems and signs compliance; other mandatory certification work, defined by Russian legislation. 2. Payment for compulsory certification of a specific product is made by the applicant in the manner prescribed by the specially authorized federal executive authority in the field of certification and class="ed"> Federal executive authorities, for which the legislative acts of the Russian Federation are entrusted with the organization and implementation of compulsory certification, in consultation with the federal executive branch Authorities in the area of finance The amount spent by the claimant on the mandatory certification of its products refers to its cost price. (In the wording of Federal Law of 31.07.98) N 154-F) Section III VOLUNTARY CERTIFICATION Article 17. Voluntary Certification 1. Voluntary certification is initiated by applicants (manufacturers, sellers, performers) to confirm product compliance with standards, specifications, receptors and other documents defined by the applicant. Voluntary certification shall be made under the terms of the contract between the applicant and the certification authority. 2. Voluntary certification of products subject to mandatory certification cannot substitute for the mandatory certification of such products. (The article in the Federal Law of 31.07.98) N 154-FZ Article 18. Voluntary Certification Organization 1. Voluntary certification is carried out by voluntary certification bodies that are part of a voluntary certification scheme established by any legal entity that has registered the system and is authorized by a specially authorized person The federal executive authority in the field of certification, in accordance with the procedure established by it. The voluntary certification authority may be a legal entity that has formed a voluntary certification scheme, as well as a legal entity that has assumed the functions of a voluntary certification body under a contract with a legal entity. by the person who created the system. The Voluntary Certification Authority: performs product certification, issues certificates, and the terms of the contract with the applicant gives it the right to use the conformity sign; suspends or cancers the validity of the issued certificates. 2. The legal entity, which has formed a voluntary certification scheme, establishes the rules for the conduct of the certification system, the manner of payment for such works and determines the members of the voluntary certification scheme. 3. Voluntary certification may also be subject to a mandatory certification system, where this is required by the mandatory certification system and if the system has a registered compliance mark in the system voluntary certification. (Article as amended by the Federal Law of 31.07.98) N 154-F) Article 19. The applicant's rights When concluding a certification contract, the applicant is entitled to receive the necessary information from the voluntary certification authority on the rules for product certification, as well as to determine form of certification. Section IV ACCOUNTABILITY FOR VIOLATION OF THIS ZACK Article 20. Criminal, administrative or civil liability Legal and natural persons, as well as federal executive authorities, guilty of breaches of the rules The criminal, administrative or civil liability is liable to criminal, administrative or civil liability in accordance with the legislation in force. (In the wording of Federal Law of 31.07.98) N 154-FZ) President of the Russian Federation B. Yeltsin Moskva House, House of the Russian Federation 10 June 1993 N 5151-1