On Certification Of Products And Services

Original Language Title: О сертификации продукции и услуг

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102024126

Lost effect with July 1, 2003 year-federal law from 27.12.2002 N 184-FZ z and c o n RUSSIAN FEDERATION on certification of products and services (as amended by the federal laws of 27.12.95 N 211-FZ; from 02.03.98 N 30-FZ; from 31.07.98 N 154-FZ; from 25.07.2002 N 116-FZ; from 01/10/2003 N 15-FZ) this Act establishes the legal framework for mandatory and voluntary certification of products, services and other objects (hereinafter referred to as products) in the Russian Federation, as well as the rights, duties and responsibilities of participants in the certification.
Section I GENERAL PROVISIONS Article 1. The concept of certification product certification (hereinafter certification) the conformity attestation procedure whereby independent from the manufacturer (seller) and consumer (buyer) the Organization certifies in writing that the product complies with the established requirements. (As amended by the Federal law of 31.07.98 N 154-FZ) certification is carried out in order to: create conditions for the activities of the organizations and businesses in the single market of the Russian Federation, as well as participation in international economic, scientific and technical cooperation and international trade; (As amended by the Federal law of 31.07.98 N 154-FZ) to facilitate users in competent choice of products;
protect the consumer from manufacturer (vendor, artist);
safety management for the environment Wednesday, life, health and property;
confirmation of the indicators of the quality of products made by the manufacturer.
Certification can be obligatory and voluntary character.
Article 2. The legislation of the Russian Federation on certification of Relations in the field of certification are regulated by the present law and issued in accordance with the legislative acts of the Russian Federation.
Article 3. International treaties if an international treaty of the Russian Federation stipulates other rules than those contained in the legislation of the Russian Federation on certification, the rules of the international treaty shall apply.
Article 4. The powers of specifically authorized federal executive body in the field of certification (as amended by the Federal law of 31.07.98 N 154-FZ) specially authorized federal executive body in the field of certification in accordance with this law: (as amended by the Federal law of 31.07.98 N 154-FZ) develops and implements the State policy in the field of certification, establishes the General rules and recommendations for certification in the territory of the Russian Federation and publishes official information about them;
conducting State registration of certification marks of conformity and operating in the Russian Federation;
publishes official information on the existing certification systems in the Russian Federation and conformity signs and presents it in the prescribed manner to the International (regional) Organization on certification;
prepares proposals in accordance with the established procedure of accession to the International (regional) certification schemes, as well as may in the prescribed manner to conclude agreements with international (regional) organizations on mutual recognition of results of certification;
presents in the established order the Russian Federation in international (regional) organizations for certification as a national authority of the Russian Federation on certification.
Article 5. System certification 1. Certification system creates a federal executive bodies, organizations and represents certification participants conducting certification by the rules established in this system in accordance with this law. (As amended by the Federal law of 31.07.98 N 154-FZ) certification system may consist of the enterprises, institutions and organizations irrespective of their form of ownership, as well as public associations.
Certification system may consist of several systems of certification of homogeneous production.
2. Certification systems are subject to state registration in the order established by the specially authorized federal executive body in the field of certification order. (As amended by the Federal law of 31.07.98 N 154-FZ), Article 6. Certificate and conformity mark 1. Conformity certificate (hereinafter certificate) is a document issued by the rules of the certification system for attestation of conformity of certified products.
Mandatory part of the conformity certificate is the certificate of fire safety. (The paragraph is supplemented by federal law from 27.12.95 N 211-FZ) procedure for the Organization and carrying out of certification of products and services in the field of fire safety is determined by the State fire-prevention service of the federal body of executive power responsible for preventing emergencies and elimination of consequences of natural disasters, in agreement with the specially authorized federal executive body in the field of certification. (The paragraph is supplemented by federal law from 27.12.95 N 211-FZ (as amended by the federal laws of 31.07.98 N 154-FZ; from 25.07.2002 N 116-FZ)


2. Conformity mark-mark duly registered, which by the rules established in the certification system, confirmed the conformity of the products with the label requirements.
The order of State registration of marks of conformity is a specially authorized federal executive body in the field of certification. (As amended by the Federal law of 31.07.98 N 154-FZ)
3. Rules for the application of marks of conformity shall be established by a particular certification system in accordance with the rules established by the specially authorized federal executive body in the field of certification. (As amended by the Federal law of 31.07.98 N 154-FZ) Section (II) MANDATORY CERTIFICATION Article 7. Mandatory certification 1. Obligatory certification is carried out in cases stipulated by legislative acts of the Russian Federation.
At obligatory certification and certificate of conformity mark applies to the whole territory of the Russian Federation. (The paragraph is supplemented by federal law from 31.07.98 N 154-FZ)
2. Organization and performance of works on certificate obligatory entrusted to specially authorized federal executive body in the field of certification, and in cases stipulated by legislative acts of the Russian Federation for certain types of products, may be assigned to other federal bodies of executive power. (As amended by the Federal law of 31.07.98 N 154-FZ)
3. Forms of compulsory certification of products installed specially authorized federal executive body in the field of certification or other federal bodies of executive power, authorized in accordance with this article, taking into account the prevailing international and foreign practice. (As amended by the Federal law of 31.07.98 N 154-FZ)
4. Confirmation of compliance can also be done through the adoption of the manufacturer (seller, contractor) Declaration of conformity.
The Declaration of conformity is a document in which the manufacturer (vendor, contractor) certifies that the supplied (sold) products meet the established requirements. Lists of products, compliance with which can be confirmed by a declaration of conformity declaration of conformity requirements and the procedure for its adoption, approved by the Government of the Russian Federation.
Declaration of conformity, adopted in accordance with the established procedure, the certification body and has legal force on a par with the certificate.
(New paragraph 4 is supplemented by federal law from 31.07.98 N 154-FZ)
5. advertising of products liable to obligatory certification is carried out in the manner prescribed by the legislation of the Russian Federation on advertising. (As amended by the Federal law of 02.03.98 N 30-FZ) (Paragraph 4 as subclause 5 as amended by federal law from 31.07.98 N 154-FZ) Article 8. The participants of the compulsory certification compulsory certification Participants are specially authorized federal executive body in the field of certification, other federal executive bodies authorized to conduct mandatory certification, certification bodies, testing laboratories (centers), manufacturers (vendors, performers) products, as well as central authorities of certification systems, defined as appropriate for the Organization and coordination of work in the systems of certification of homogeneous production. (As amended by the Federal law of 31.07.98 N 154-FZ), are permitted to work on certification organizations, regardless of their organizational and legal forms and forms of ownership, if they are not manufacturers (vendors, performers) and consumers (buyers) certifying their products, provided their accreditation in accordance with the established procedure. (As amended by the federal laws of 31.07.98 N 154-FZ; from 01/10/2003 N 15-FZ) Article 9. Powers of federal bodies of executive power (as amended by the Federal law of 31.07.98 N 154-FZ) specially authorized federal executive body in the field of certification and other federal bodies of executive power that the legislative acts of the Russian Federation is entrusted with organizing and carrying out mandatory certification, within the limits of its competence: (as amended by the Federal law of 31.07.98 N 154-FZ) create a system of certification of homogeneous production and establish rules of procedure and administration for certification in these systems;
Choose how to carry out conformity assessment of products to requirements of normative documents (certification form);
define central bodies of certification systems;
accredit certification bodies and test laboratories (centres); (As amended by the Federal law dated 01/10/2003 N 15-FZ) lead the State register participants and certification facilities;
establish rules for the recognition of foreign certificates, marks of conformity and test results;
establish rules for accreditation; (As amended by the Federal law dated 01/10/2003 N 15-FZ)

carry out State control and supervision and establish the procedures for inspection of compliance with the rules of certification for certified products;
hear appeals on certification;
(Paragraph eleven deleted-the Federal law dated 31.07.98 g. N 154-FZ), Article 10. The responsibilities of the central organ of the central organ of certification system: a certification system organizes and coordinates work and establishes the rules of procedure and governance in the certification system;
considers the complainants ' appeals regarding actions of certification bodies, testing laboratories (centers).
Article 11. Obligations of the certification authority Certification Authority: carries out the identity of the products submitted for certification, in accordance with the rules of the certification scheme; (New paragraph 2 is supplemented by federal law from 31.07.98 N 154-FZ) certifies products, issues certificates; (As amended by the Federal law dated 01/10/2003 N 15-FZ) carries out inspection in accordance with the established procedure for the certified products; (new paragraph four supplemented by federal law from 31.07.98 N 154-FZ) suspends or cancels the effect of the issued certificates;
provides the applicant, upon request, the necessary information within the limits of its competence.
Article 12. Duties of the testing laboratory (Center) testing laboratories (centers), accredited in accordance with the established procedure, carry out tests of specific products or specific types of tests and issue test reports for certification purposes. (As amended by the Federal law of 31.07.98 N 154-FZ) Article 13. Responsibilities of manufacturers (vendors, performers), manufacturers (sellers, artist) of products liable to obligatory certification and sold on the territory of the Russian Federation shall be obliged to: implement this product only if you have a certificate issued by, or recognized by the competent authority, or the Declaration of conformity, adopted in accordance with the established procedure; (As amended by the Federal law of 31.07.98 N 154-FZ) of sold products to meet the requirements of regulatory documents on which it has been certified, and labeling of its mark of conformity in accordance with the established procedure;
indicate in the accompanying technical documentation, information about the certificate or declaration of conformity and normative instruments, which should correspond to the products, and ensure that this information is up to the consumer (buyer); (As amended by the Federal law of 31.07.98 N 154-FZ) suspend or terminate sales of products, if it does not meet the requirements of normative documents, which is certified or confirmed by a declaration of conformity, at the expiration of the certificate, Declaration of conformity or the expiry date of the product, its lifetime, as well as if any suspended certificate cancelled by the decision of the certification body; (As amended by the Federal law of 31.07.98 N 154-FZ) to ensure the smooth implementation of its powers, officials carrying out mandatory product certification and control of the certified products;
inform the certification body in accordance with the established procedure of changes in technical documentation or in the production process of certified products.
Article 14. The conditions of importation of imported goods 1. In terms of the contracts (agreements) concluded on the delivery to Russia of products subject to in accordance with the legislative acts of the Russian Federation of obligatory certification, the certificate shall be provided and mark of conformity, attesting to its conformity to the established requirements. The specified certificates and marks of conformity must be issued or recognized by the authorized federal body of executive power. (As amended by the Federal law of 31.07.98 N 154-FZ)
2. certificates or certificate of recognition presented to the Customs authorities together with the cargo customs declaration and documents are necessary to obtain a permit for the import of goods into the territory of the Russian Federation.
In exceptional cases, the Government of the Russian Federation shall have the right to give you permission to import products intended for the production needs of a particular organization without the submission to the Customs authorities certificates or certificates of recognition of certificates, subject to subsequent certification of these products on the territory of the Russian Federation. (The paragraph is supplemented by federal law from 31.07.98 N 154-FZ)
3. The order of entry into the territory of the Russian Federation of products liable to obligatory certification, is set by the Federal Executive Body in the field of customs and specially authorized federal executive body in the field of certification in accordance with legislative acts of the Russian Federation. (As amended by the Federal law of 31.07.98 N 154-FZ) Article 15. State supervision and monitoring of compliance with the rules for mandatory certification and certified products

1. State control and supervision over observance of manufacturers (vendors, performers), test laboratories (centres), by certification rules for mandatory certification and certified products is carried out by specially authorized federal executive body in the field of certification and other specially authorized federal executive authorities within their competence. (As amended by the Federal law of 31.07.98 N 154-FZ)
2. Direct State control and supervision of the observance of rules of certification and certified products is conducted by officials exercising State supervision and monitoring of compliance with the mandatory requirements of State standards. The officials shall exercise State supervision and monitoring of compliance with the rules for certification and for certified products in the manner and under the conditions prescribed by the law of the Russian Federation "on Standardization".
Article 16. Funding for certification and State control and supervision 1. Compulsory public financing shall be: to develop certification forecasts, rules and recommendations for its conduct; provision of official information in the field of certification;
participation in international (regional) organizations for certification and work with foreign national certification bodies;
development and (or) participation in the development of international (regional) rules and recommendations on certification;
development of projects of legislative acts in the field of certification;
research and other works on the certification of national importance;
conducting public monitoring and supervision of compliance with the rules and certification for certified products;
conducting the State Register of certification and accreditation and archiving of materials on State registration of certification and marks of conformity;
other mandatory certification, as defined by the legislation of the Russian Federation.
2. payment works on certificate obligatory specific products produced by the applicant in the manner prescribed by the specially authorized federal executive body in the field of certification and federal bodies of executive power that the legislative acts of the Russian Federation is entrusted with the Organization and carrying out mandatory certification, in consultation with the Federal Executive Body in the field of finance. The amount of funds spent by the applicant in carrying out mandatory certification of its products, refers to its cost. (As amended by the Federal law of 31.07.98 N 154-FZ) title III VOLUNTARY CERTIFICATION Article 17. Voluntary certification 1. Voluntary certification is carried out on the initiative of the applicants (manufacturers, retailers, performers) in order to validate product conformity with standards, technical conditions, recipes and other documents, as defined by the applicant.
Voluntary certification is conducted on a contract between the applicant and the certification body.
2. Voluntary certification of products liable to obligatory certification cannot replace mandatory certification of such products.
(Article in the Editorial Office of the Federal law dated 31.07.98 g. N 154-FZ), Article 18. Voluntary certification organization 1. Voluntary certification is carried out by the certification bodies, voluntary certification system, formed by any legal entity, registered the system and conformity mark in specially authorized federal body of executive power in the field of certification in accordance with the established procedure.
Voluntary certification authority can be a legal entity, now the system of voluntary certification, as well as a legal entity that has taken the voluntary certification authority functions on a contract with a legal entity, have the system.
Certification authority: carries out certification of products, issues certificates, as well as on the terms of a contract with the applicant gives him the right to use a mark of conformity;
suspends or cancels the effect of the issued certificates.
2. a legal person, now voluntary certification system, establishes the rules for the conduct of work in system of certification, payment of such works and defines the system of voluntary certification.
3. Voluntary certification may be mandatory certification system, if it is stipulated in the rules of the system of obligatory certification and subject to the availability of the system registered in the established order the mark of conformity voluntary certification.
(Article in the Editorial Office of the Federal law dated 31.07.98 g. N 154-FZ) Article 19. The applicant's entitlement, as at the conclusion of the contract for certification, the applicant is entitled to obtain from the voluntary certification authority required

information about the rules for certification, as well as to determine the form of certification.
Section IV LIABILITY for VIOLATION of the PROVISIONS OF THIS LAW, article 20. Criminal, administrative or civil liability of legal and natural persons, as well as the federal bodies of executive power, guilty of violating the rules of mandatory certification, under the current legislation, criminal, administrative or civil liability. (As amended by the Federal law of 31.07.98 N 154-FZ), the President of the Russian Federation, b. Yeltsin Moscow, Russia June 10, 1993 House Tips N 5151-I