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On Amendments To The Federal Law "about Technical Regulation"

Original Language Title: О внесении изменений в Федеральный закон "О техническом регулировании"

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RUSSIAN FEDERATION FEDERAL LAW amending the Federal Law "On Technical Regulation" Adopted by State Duma on April 6, 2007 Approved On 18 April 2007, the Federation Council of the Russian Federation (In the wording of the federal laws of 30.12.2009). N 385-FZ; of 21.07.2011 N 255-FZ; 05.04.2016 N 104-FZ OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5140; 2005, No. 19, sect. 1752) the following changes: 1) in article 1: a) in paragraph 1: in paragraph 2 of the word ", processes of production" should be replaced with " or associated design processes (including research), production, construction, installation, adjustment "; in the third paragraph, replace" production "with" design (including survey), manufacture, construction, installation, adjustment "; (b) paragraph 3, after the words" does not apply to " to add to the words " social-economic, organizational, Hygiene, treatment and prevention, rehabilitation measures in the field of labour protection, "; in), supplement paragraph 4 with the following: " 4. This Federal Law does not regulate relations related to: the application of measures to prevent the emergence and spread of mass infectious diseases, prevention of human diseases, medical care (except in the development, adoption, application and enforcement of mandatory product requirements, including medicines, medical equipment, food products); the application of soil, air, and air protection measures; Water resorts, water sites in the field tourism and mass recreation. "; 2) in article 2: (a) paragraph 7 should read as follows: " The applicant is a natural or legal person that accepts the declaration of conformity or is seeking a certificate of conformity, obtains a certificate of conformity; "; b) in paragraph 11 of the word", production processes "is replaced by" or related design processes (including (...) (...) (...) sixteenth word "production" to be replaced by "design (including prospecting), production, construction, installation, adjustment", after the words "provisions of the standards" add ", body of rules"; g) to the nineteenth paragraph after the word "standards" should be supplemented by the words ", the body of rules"; d) paragraph 20 after the word "standards" to add to ", body of rules"; e) (Federal law dated 05.04.2016 N 104-FZ f) Paragraph 24, fourth paragraph, amend to read: " Technical regulation-legal regulation of relations in the establishment, application and enforcement of mandatory product claims or related design processes (including survey), production, construction, installation, installation, operation, storage, transportation, disposal and disposal, and the establishment and implementation on a voluntary basis of claims against design processes (including surveys), production, construction, installation, installation, operation, storage, transportation, disposal, disposal, services and legal regulation of conformity assessment relations; "; The words "ratified in accordance with the procedure established by the laws of the Russian Federation" shall be replaced by the words "ratified in accordance with the procedure established by the law of the Russian Federation or by an intergovernmental agreement concluded in the order" OF THE PRESIDENT OF THE RUSSIAN FEDERATION "Replace production processes" with "substitute words" or "production processes" (including survey), production, construction, installation, adjustment "; and) in the twenty-sixth word" production ", replace" production " "Design (including survey), production, construction, installation, installation"; c) add the following paragraphs: "Confirmation Scheme-Action List of Ack Ack" the results of which are considered as Evidence of conformity of products and other objects with established requirements; (Uexpo-Federal Law 05.04.2016 N 104-FZ ) 3) in article 3: (a) in paragraph 2 of the word "production processes" shall be replaced by "or related design processes (including survey), manufacture, construction, installation, adjustment"; b) add the following paragraph: "Inadmissibility of the same authority for two or more organs of state control (supervision) of compliance with the requirements of technical regulations."; 4) article 5, amend to read: " Article 5. { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b } information that is a state secret or classified under the legislation of the Russian Federation other limited access information, products (works, services), information about which is State secrets, products (works, services), and objects for which requirements are established related to nuclear and radiation safety in the use of atomic energy, processes design (including search), production, construction, installation, adjustment, operation, storage, transportation, disposal, disposal, burial of specified products and specified objects 1. With respect to defence products (works, services) supplied under the State defence order; products (works, services) used to protect information classified as State secrets or classified as protected under the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION nuclear and radiation safety in the field of nuclear and energy; design processes (including research), production, construction, installation, installation, operation, storage, transportation, disposal, disposal, and disposal of specified products and facilities, respectively In addition to the requirements of technical regulations, the requirements are set by the state customers, the federal executive authorities, who are authorized in the field of security, defense and external intelligence, to counter technical intelligence and the technical protection of information, State management of atomic energy, state regulation of safety in the use of atomic energy, and (or) state contracts (contracts). 2. Technical regulation of the development and establishment of compulsory requirements by state customers, federal executive authorities authorized in the field of security, defense, foreign intelligence, to counteract technical intelligence and technical protection of information, state management of the use of atomic energy, state regulation of safety in the use of nuclear energy, in relation to products (works, services), of objects referred to in paragraph 1 of this article, and The President of the Russian Federation, the Government of the Russian Federation, the President of the Russian Federation, the President of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Spagle)-Federal Law of 05.04.2016 N 104-FZ 4. The characteristics of conformity assessment of the products (works, services) and facilities referred to in paragraph 1 of this Article, as well as the processes of their design (including survey), production, construction, installation, adjustment, operation, storage, of transport, disposal, disposal, burial are fixed by the Government of the Russian Federation. "; 5) in article 7: (a) paragraph 1 is supplemented with the following paragraph: " other security for the purposes of Article 6, paragraph 1, of this Federal Law. "; (b) In paragraph 3: the first paragraph should read: " 3. The technical regulations shall contain a list and a description of the technical regulations, the requirements for those facilities and the rules for their identification, with a view to the application of technical regulations. The technical regulations shall contain rules and forms of conformity assessment (including the technical regulations may include conformity-confirmation schemes, extension of the validity of the issued certificate of conformity), as defined in the degree of risk, the time limits for the conformity assessment of each technical regulation object and (or) the requirements for terminology, packaging, labelling or labelling and the rules for their application. "; in the third paragraph," "Replace production processes with words" or to related processes design (including research), production, construction, installation, adjustment ", words" are exhaustive, "delete; in paragraph 4 of the word", "replace" production processes "with" or related processes design (including survey), production, construction, installation, adjustment "; in) in paragraph 4 of the word" production processes "to be replaced by the words" or associated design processes (including research), production, construction, installation, adjustment "; g) in paragraph 5 of the word", processes "to be replaced by the words" or to related processes of design (including survey), manufacture, construction, installation, adjustment "; d) in paragraph 6 of the word", "to be replaced by the words" or Realizing the requirements of product design (including research), production, construction, installation, adjustment "; e), paragraph 8 should be restated as follows: " 8. International standards should be used in whole or in part as a basis for the development of draft technical regulations, unless such use is considered to be impossible as a result of climatic and geographical of the Russian Federation, technical and (or) technological characteristics, or on other grounds, or if the Russian Federation, in accordance with established procedures, opposed the adoption of international standards or individual provisions. National standards may be used in whole or in part as a basis for the development of draft technical regulations. "; ) in the first paragraph of paragraph 9, the words", processes of production "should be replaced by" or related design processes (including survey), production, construction, installation, adjustment "; s), paragraph 11 should be restated as follows: " 11. The Government of the Russian Federation shall, until the date of entry into force of the technical regulation, adopt a list of national standards containing rules and methods of research (tests) and measurements, including the sampling rules necessary for The application and execution of the technical regulations adopted and the conformity assessment exercise. In case of absence of these national standards for individual requirements of technical regulations or technical regulations by the Government of the Russian Federation, before the day of entry into force of technical regulations, approval shall be given. Rules and methods of research (tests) and measurements, including rules for sampling, necessary for the application and execution of the adopted technical regulation and the conformity assessment. These rules shall not constitute an obstacle to the conduct of business more than the minimum necessary for the fulfilment of the purposes set out in article 6, paragraph 1, of this Federal Law. "; and) in the first paragraph of paragraph 12, the second sentence should read as follows: " For this purpose, the Government of the Russian Federation shall approve a programme for the development of technical regulations (with indication of the form of their adoption), the implementation of which shall be fully implemented. or partially financed by the federal budget and which should be refined and published annually. ", to be supplemented by the following sentence:" Technical regulations may also be developed outside the approved programme. "; 6) Article 8 to be repealed; 7) Article 9: (a), paragraph 1, amend to read: " 1. The technical regulations, drawn up in accordance with the procedure established by this article, shall be adopted by a federal law or by a decision of the Government of the Russian Federation in the manner prescribed for the adoption of federal laws and regulations, respectively. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Paragraphs third to twentieth subparagraph (a) of paragraph 7 have been lost-Federal Law of 30.12.2009). N 385-FZ b) in the second paragraph of paragraph 3 of the word ", the production processes" shall be replaced by the words "or related to the requirements of the design processes (including survey), production, construction, installation, adjustment"; in) (Spconsumed by Federal Law of 05.04.2016 N 104-FZ g) (Spspent force-Federal law 05.04.2016 N 104-FZ) d) supplement paragraph 8-1 as follows: " 8-1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Thirty days before the date of its consideration shall be referred for examination to the relevant expert commission on technical regulation, which is established and carries out its activities in accordance with the procedure established by paragraph 9 of this article. The draft resolution of the Government of the Russian Federation on technical regulations shall be considered at a meeting of the Government of the Russian Federation, taking into account the opinion of the relevant expert commission on technical regulation. The draft resolution of the Government of the Russian Federation on technical regulations should be published in the publication of the federal executive authority on technical regulation and placed in the information system of the general public. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The procedure for publication and placement of the said draft decree shall be fixed by the Government of the Russian Federation. "; (e) of the Russian Federation "; 8) in article 10: (a) in paragraph 1 of the word" production processes "shall be replaced by the words" or related to the requirements of the design processes (including research), production, construction, installation, adjustment "; b) (Unspent Federal Law of 21.07.2011 N 255-FZ) in) paragraph 3 to be declared invalid; 9) (Spspent force-Federal Law 05.04.2016 Mr. N 104-FZ) 10) (Spspent force-Federal law 05.04.2016 N 104-FZ) 11) (Spspent force-Federal law of 05.04.2016 N 104-FZ) 12) (Spspent force-Federal law of 05.04.2016 N 104-FZ) 13) (Spspent force-Federal law 05.04.2016 N 104-FZ ) 14) paragraph 2 of article 17 shall be declared void; 15) in the second paragraph of Article 18, the word "production" shall be replaced by "design (including prospecting), manufacture, construction, assembly, adjustment", after the word "standards," to add to the words "sets of rules,"; 16) in article 19, paragraph 2, the word "production" should be replaced by "design (including survey), manufacture, construction, installation, adjustment"; 17) paragraph 1 Article 21, paragraph 1, after the words "standards of organizations," with the words " a "set of rules,"; 18), article 23, paragraph 4, should read: " 4. The mandatory proof of compliance shall be payable pursuant to the contract with the applicant. The value of the mandatory proof of conformity is determined independently of the country and/or place of origin, as well as the persons who are the applicants. "; 19) in article 24: (a) , to read: " 6. A declaration of compliance shall be recorded in a single registry of declarations of compliance within three days, in accordance with paragraph 5 of this article. Procedures for the formation and maintenance of a single registry of conformity declarations, procedures for registration of declarations of conformity, provision of and payment of information contained in the register, as well as a federal body The executive branch, which organizes the formation and maintenance of the said register, shall be determined by the Government of the Russian Federation. "; b) in paragraph 7 of the word" technical regulation "shall be replaced by the words" organizing the formation and maintenance of a single register of conformity declarations "; 20) in article 26: (a) Paragraph 2: Paragraph 6 states: " shall issue certificates of conformity, suspend or terminate the certificates issued to them, and inform the federal authority about this The executive branch, which organizes the formation and maintenance of a unified register of conformity certificates, and the state control (supervision) of compliance with the requirements of technical regulations; "; , the eighth paragraph, should read as follows: revisions: " determines the cost of the certification work, performed according to the contract with the applicant; "; to add the following paragraph to the following paragraph: " in the order established by the relevant technical regulations, takes a decision to extend the validity of the certificate compliance, including the results of the review of certified facilities. "; b), paragraph 3 should read as follows: " 3. Procedures for the establishment and maintenance of a unified register of conformity certificates, the manner in which the information contained in the register are provided and the payment for their provision, as well as the federal executive authority organizing the formation and maintenance of the certificate The register is defined by the Government of the Russian Federation. "; 21), article 31, paragraph 3, should read: " 3. The procedure for accreditation of certification bodies and testing laboratories (centres) performing verification work and the list of accreditation bodies shall be determined by the Government of the Russian Federation. "; 22) in 1 of Article 33 of the words ", production processes" to be replaced by the words "or related to the requirements of the design processes (including survey), production, construction, installation, adjustment"; 23) paragraph 6 of article 34, paragraph 1, of the next revision: " send information about the need Suspension or termination of the certificate of conformity to the issuing authority; issuing a suspension or termination of the declaration of conformity to the declaration of the declaration of conformity and to inform thereof A federal executive body organizing the formation and maintenance of a single register of conformity declarations; "; 24) in article 36: (a) the name should read: Article 36. Liability for non-conformity of production or its associated process requirements design (including research), production, construction, installation, adjustment, operation, storage, in the words "production processes" in paragraph 3 of the words "production processes". production, construction, installation, adjustment "; 25) in Article 39: (a) in paragraph 4 of paragraph 1, the words ", the production processes" shall be replaced by the words "or related to the requirements of the design process (including survey), production, construction, installation, adjustment"; b) supplement paragraph 3 with the following: " 3. In the event that the body of the State control (supervision) has received information about the lack of conformity of products with technical regulations and urgent measures are needed to prevent harm to the life or health of citizens. The use of these products or the threat of such harm, the state control authority (supervision) to the right: issue a request for suspension of this product; Non-conformity of these products with the technical requirements of the of regulations and the threat of harm to life or health of citizens in the use of these products. "; in) to supplement paragraph 4 as follows: " 4. The manufacturer (the holder of the function of a foreign manufacturer) shall have the right to appeal against the actions of the State control (supervisory) body referred to in paragraph 3 of this article. In case of a court decision on the illegality of the action of the State control (supervision) body, the damage caused to the manufacturer (the seller, the person acting as the foreign manufacturer) of the actions of the State control body (supervision), to be refunded in accordance with the law of the Russian Federation. "; 26) paragraph 2 of article 40, paragraph 2, should read: " In case of failure of the defendant to comply with the court's decision in The deadline for the execution of the court's decision is set out in the order established by the court. OF THE PRESIDENT OF THE RUSSIAN FEDERATION At the same time, the plaintiff has the right to inform the purchaser through the media of the forced recall of the product. "; 27), article 45, paragraph 1, should read: " 1. The federal budget finances the federal state control (supervision) of compliance with the requirements of technical regulations. The federal budget can be financed by: Create and maintain the Federal Information Fund for Technical Regulations and Standards; Implementing a Technical Design Programme Regulations and programmes for the development of national standards, as required by article 7, paragraph 12, and article 16, paragraph 1, of this Federal Act, as well as the evaluation of selected draft technical regulations and projects national standards; (Uexpo-Federal Law dated 05.04.2016 N 104-FZ ) development of sets of rules; development of rules and methods of research (tests) and measurements, including sampling rules for the conduct of studies (tests) and measurements required for Application and execution of technical regulations; development of the federal executive regulations referred to in Article 5 of this Federal Law; registration of voluntary certification schemes; and maintenance of a single register of registered voluntary systems Certification; (Overtaken by Federal Law 05.04.2016) N 104-FZ Maintenance of the single certificate of conformity registry and the single registry of conformity declarations; take into account and analyse the occurrence of harm caused by a breach of technical regulations Regulations; (Overtaken by force-Federal law of 05.04.2016 N 104-FZ) 28) in article 46: (a) in the first paragraph of paragraph 1 of the word ", the production processes" shall be replaced by the words " or the associated design processes (including research), production, construction, installation, "; b) to add to 1-1 as follows: " 1-1. Until the day of the entry into force of the relevant technical regulations, the Government of the Russian Federation and the federal executive authorities for the purposes set out in article 6, paragraph 1, of this Federal Law shall, within the limits of their powers, (c) To make, in accordance with the established procedure, amendments to the regulatory legal acts of the Russian Federation applicable until the day of entry into force of the relevant technical regulations, the federal authorities the Executive-in the normative documents of the federal executive bodies Authorities which apply until the day of entry into force of the relevant technical regulations. Draft regulatory legal acts of the Russian Federation and draft normative documents of the federal executive authorities on making these changes should be placed in the information system of the general use in Electronic-digital form no later than sixty days before the day of their adoption. Such projects, which are finalized taking into account the comments of the persons concerned, and the list of these comments received in writing shall be forwarded to the technical regulation expert commission established in accordance with the provisions of article 9, paragraph 9 of this Federal Act by the federal executive branch, which drafts such projects no later than thirty days before the date of their adoption. The expert commission on technical regulation on a parity basis includes representatives of this federal executive body, other interested federal bodies of the executive branch, scientific organizations, Self-regulating organizations, public associations of entrepreneurs and consumers. Decisions to approve or reject such projects shall be made on the basis of the opinion of the expert commission on technical regulations. "; , in paragraph 2: , the word" issued "shall be replaced by the word" issued "; add the following paragraph: " Until the day of entry into force of the relevant technical regulations, conformity assessment, including confirmation of conformity and state control (supervision), and The marking of the produce shall be marked in accordance with the regulations and by the procedures established by normative legal acts of the Russian Federation and normative documents of the federal executive authorities adopted before the day of the entry into force of this Federal Law. "; d), paragraph 3, shall be stated in , to read: " 3. The Government of the Russian Federation shall, until the day of entry into force of the relevant technical regulations, specify and specify annually a single list of products subject to compulsory certification and a single list of products to be issued. declaration of conformity. "; d) in paragraph 6, the word" general "delete; e) to add to paragraph 7-1 as follows: " 7-1. After the expiry of the period referred to in paragraph 7 of this article, technical regulations shall be drawn up in the manner prescribed by this Federal Law. ". President of the Russian Federation V.V. Putin Moscow, Kremlin May 1, 2007 N 65 FZ