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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 On Amendments to Federal Law "On Technical Regulation" Adopted by the State Duma on December 23, 2009 Approved by the Federation Council on 25 December 2009 Article 1 Assembly of the Russian Federation Federation, 2002, N 52, sect. 5140; 2007, N 19, sect. 2293; 2008, N 30, est. 3616; 2009, N 29, stop. 3626; N 48, st. 5711) the following changes: 1) in article 2: (a) paragraph 25 after the words "by the Government of the Russian Federation" with the words ", or by a regulatory act of the federal executive branch technical regulation "; b) to add the following paragraphs to the following paragraphs: " Regional Organization for Standardization, member (s) of which are national standardization bodies (organizations) of States in one geographical region of the world and (or) countries in accordance with international treaties in the process of economic integration; the standard of a foreign State-standard adopted by the national (competent) body (organization) on standardization of foreign State; regional standard-a standard adopted by a regional standardization organization; set of rules of a foreign state-a set of rules adopted by the competent authority of a foreign state; regional set of rules-a set of rules adopted by the regional Standardization. "; 2) in article 4, paragraph 3, to replace the words" established by Article 5 "with the words" set out in Articles 5 and 9-1 "; (3) in article 7: (a) paragraph 10 should read as follows: " 10. Technical regulations, adopted by federal law, the Government of the Russian Federation or the regulatory legal act of the federal executive on technical regulation, shall enter into force not earlier than in six The first paragraph should read: " 11. The Government of the Russian Federation, or in the case provided for in article 9-1 of this Federal Law, by the Federal Executive for Technical Regulation before the date of the entry into force of the technical regulation, shall be approved by the Government of the Russian Federation. in accordance with the requirements of the legislation of the Russian Federation in the field of ensuring the unity of the measurements, the list of documents in the field of standardization, containing rules and methods of research (tests) and measurements, including the sampling rules, necessary for the application and enforcement of the adopted technical regulations and the implementation of the conformity assessment. In the absence of the specified documents in the field of standardization for individual requirements of technical regulations or technical regulations by the Government of the Russian Federation or in the case provided for by article 9-1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION -the unity of the measurements of the Regulation and the methods of research (tests) and measurements, including the sampling rules necessary for the application and execution of the adopted technical regulation and the conformity assessment. The drafts of these rules and methods shall be drawn up by the federal executive authorities in accordance with their competence or in the case provided for by article 9-1 of this Federal Act, the federal executive branch Technical Regulation using standardization documents, published in the publication of the Federal Executive on Technical Regulation and placed in the public information system in electronic digital form no later than thirty days before the date of approval of the said rules and methods. "; 4) in article 9: (a) paragraphs 2 to 19 of paragraph 1 shall be declared void; (b) in the first paragraph of paragraph 10, the words" The Government of the Russian Federation shall "be replaced by the words" Government of the Russian Federation ". "The Government of the Russian Federation or the federal executive authority for technical regulation is obliged"; 5) to supplement article 9-1 as follows: Article 9-1. The procedure for the development, adoption, modification, and of the technical regulations adopted by the federal technical regulatory authority 1. In the cases envisaged by the programme for the development of technical regulations approved by the Government of the Russian Federation in accordance with article 7, paragraph 12, of this Federal Act, technical regulations shall be adopted by a regulatory legal act. The Federal Executive for Technical Regulation. Such technical regulations shall be developed in accordance with the procedure established by paragraphs 2 to 6 of article 9 of this Federal Law and this article, and shall be adopted in accordance with the procedure established for the adoption of normative legal acts of the federal authorities. The executive branch. 2. Draft technical regulations, adopted in the form of a normative legal act of the Federal Executive for Technical Regulation, shall be submitted by the developer to the Federal Executive for Technical Regulation For acceptance, if the following documents are available: justification of the need for the adoption of a technical regulation specifying requirements that are different from those of the relevant international standards or mandatory requirements, THE RUSSIAN FEDERATION Draft technical regulations; financial and economic justification for the adoption of technical regulations; documents confirming the publication of the notification of the draft technical regulations in accordance with paragraph 3 Article 9 of this Federal Law; documents confirming the publication of the notification of the completion of the public discussion of the draft technical regulations in accordance with article 9, paragraph 5, of this Federal Law; list of written comments received interested persons. 3. The technical regulation project submitted to the federal executive branch for technical regulation with the documents referred to in paragraph 2 of this article shall be forwarded to the expert commission by the said body for examination. technical regulation established pursuant to article 9, paragraph 9, of this Federal Act. 4. The opinion of the expert commission on technical regulation on the possibility of adopting technical regulations shall be prepared within thirty days of the receipt of the draft technical regulations with the documents referred to in paragraph 2 of this article in The federal executive authority for technical regulation should be published in the publication of the Federal Executive for Technical Regulation and placed in the public information system in digital form. The Government of the Russian Federation shall determine the procedure for the publication of such opinions and the amount thereof for publication. 5. On the basis of the conclusion of the technical regulation expert commission on the possibility of the adoption of technical regulations by the Federal Executive for Technical Regulation within ten days of the receipt of such opinion decides on the adoption of technical regulations or the rejection of its draft. The rejected draft technical regulation with the conclusion of the expert commission on technical regulation should be returned to the developer within five days from the date of the decision to reject the draft technical regulations. 6. The approved technical regulations should be published in the publication of the federal executive authority on technical regulation and should be published in the information system of general use in digital form. The procedure for publication and placement is approved by the Federal Executive for Technical Regulation. 7. The Federal Executive for Technical Regulation provides in the public information system, in electronic and digital form, access free of charge to technical regulations that have been adopted. 8. The normative legal act of the Federal Executive for Technical Regulation of Technical Regulations shall be subject to State registration in the prescribed manner. 9. Changes to or cancellation of the technical regulations shall be effected in the manner provided for in this article and article 10 of this Federal Act in the elaboration and adoption of technical regulations. "; The following wording: " 4. From the date of the entry into force of the Federal Law on Technical Regulations, the relevant technical regulations issued by the decree of the President of the Russian Federation, the Decree of the Government of the Russian Federation or a regulatory legal act of the Federal Republic the executive branch of the technical regulation shall cease to be in force. "; 7), in the second paragraph of article 12, the word" standards "shall be replaced by the words" standardization documents "; 8) to add the following paragraphs to the following paragraphs. content: " international standards, regional standards, regional codes of regulations, standards of foreign states and codes of foreign states registered in the Federal Information Fund of Technical Regulations and Standards; duly certified translations The Russian language of international standards, regional standards, standards of foreign states and regulations of foreign countries, adopted by the national authority of the Russian Federation for standardization. " 9) in article 14, paragraph 1: a) paragraph 4 in addition to the words "as well as the standards and codes for registration under Article 44 (4) of this Federal Law"; b), paragraph 6, as follows: " takes account of In the area of standardization in the Federal Information Fund of technical regulations and standards and ensures their accessibility to the persons concerned; "; ), paragraph 12 should read as follows: " provides free of charge in the information system Standardization documents that result in compliance with the requirements of the adopted technical regulations on a voluntary basis, or which contain rules and methods of research (tests) and measurements, the number of sampling rules necessary for the application and execution of accepted technical regulations and conformity assessment, except as provided for in article 44, paragraph 9 of this Federal Law; "; g) with the following paragraphs: " registers in The Federal Information Fund of technical regulations and standards international standards, regional standards, regional standards of foreign states and codes of foreign states; takes into account duly certified translations into Russian of international standards, regional standards, regional codes of rules, standards of foreign States and codes of foreign States. "; (11) to be completed by the following: Content: " Article 16-1. Rules for the creation of a list of documents in the standardization area, as a result of the application are provided on a voluntary basis compliance with the requirements of technical regulations 1. The National Authority for Standardization, no later than thirty days before the date of entry into force of the technical regulations, shall be approved, published in a printed publication of the federal executive authority for technical regulation; and The list of documents in the field of standardization, which results in compliance with the requirements of the adopted technical regulations on a voluntary basis, is available in the public information system. 2. The list referred to in paragraph 1 of this article may include national standards and sets of rules, as well as international standards, regional standards, regional sets of rules, standards of foreign States and codes of foreign policy. (e) States subject to the registration of specified standards and codes of regulations in the Federal Information Fund of Technical Regulations and Standards. Registration of international standards, regional standards, regional codes of rules, standards of foreign states and codes of foreign states in the Federal Information Fund of technical regulations and standards is carried out in The procedure established by article 44 of this Federal Act. 3. National standards and sets of regulations may specify the requirements of technical regulations for which national standards and (or) sets of rules are applied on a voluntary basis. 4. The voluntary application of standards and (or) codes of practice included in the list of documents in the field of standardization referred to in paragraph 1 of this article is sufficient to meet the requirements of the relevant technical regulations. of the regulations. Where such standards and/or codes are applied to meet the requirements of technical regulations, conformity assessment of technical regulations may be carried out on the basis of confirmation of their conformity with such standards and (or) a set of rules. Non-application of such standards and (or) sets of rules cannot be evaluated as non-compliance with the requirements of technical regulations. In this case, other documents may be used to assess compliance with the requirements of technical regulations. 5. The standardization documents included in the list referred to in paragraph 1 of this Article shall be subject to audit and, where appropriate, revision and (or) updates at least once every five years. "; The following paragraph: " In the event that the technical regulations are passed by a regulatory legal act of the Federal Executive for Technical Regulation, for the purpose of customs clearance of products, the said federal authority shall: Executive branch of the Executive A competent authority in the field of Customs shall approve, not later than thirty days before the date of entry into force of the technical regulation on the basis of a list of products subject to the first paragraph of this paragraph, c The identification of the commodity nomenclature for foreign economic activities. "; 13), article 31, paragraph 3, should read: " 3. The procedure and criteria for the accreditation of certification bodies and testing laboratories (centres) performing work on conformity assessment are to be determined by the Government of the Russian Federation on the basis of national standards, taking into account International norms. The Government of the Russian Federation shall determine the accreditation bodies. "; International standards, regional standards, regional sets of rules, standards of foreign States and codes of rules of foreign States which voluntarily ensure compliance with the requirements of the or which contain rules and methods of research (tests) and measurements, including the sampling rules necessary for the application and enforcement of the adopted technical regulation and the conformity assessment, are to be registered with the Federal Information Technology Fund regulations and standards. 4. In order to register the standards and codes referred to in paragraph 3 of this article in the Federal Information Fund for Technical Regulations and Standards, the person concerned shall submit a statement to the national standardization body. The registration of the relevant standard or set of rules with a copy of such a document and its duly certified translation into Russian. Together with the documents necessary for the registration of a standard or set of rules, the national body for standardization can also be presented the conclusions of All-Russian public organizations of entrepreneurs, Trade and Industry. of the Russian Federation These conclusions may include recommendations on the application of an international standard, a regional standard, a regional set of rules, a foreign State standard and a set of rules of a foreign State for enforcement purposes. A voluntary basis for the requirements of the adopted technical regulation or for conducting research (tests) and measurements, sampling the samples necessary for the application and execution of the adopted technical regulation and the implementation of conformity assessment. Within five days from the date of receipt of the application for registration of the standard or set of rules, the national standardization body shall forward the standard or set of rules submitted for registration together with the duly certified standard. Translation into Russian of the relevant technical committee (technical committees) on standardization for conclusion. In the case of an application for registration of a standard or set of rules, it is proposed to include such a standard or set of rules in the relevant list of documents in the field of standardization, which have resulted in voluntary standardization. Compliance with the requirements of the adopted technical regulations or which contain rules and methods of research (tests) and measurements, including rules for sampling, necessary for the application and enforcement of the adopted technical regulation; and Implementation of the Conformity Assessment, Technical Committee (Technical Committees) standardization gives an opinion on the possibility of applying a standard or set of rules to ensure compliance on a voluntary basis of the requirements of the adopted technical regulation or for conducting research (tests) and measurements, sampling, that are necessary for the application and execution of the technical regulations adopted and the conformity assessment exercise. Thirty days from the date of receipt of these documents from the national standardization body, the technical committee (technical committees) for standardization reviews them and forwards them to the national standardization body Conclusion. 5. Within fifteen days of the receipt of the opinion of the Technical Committee (Technical Committees) on the standardization referred to in paragraph 4 of this Article, but not later than forty-five days from the date of application for registration of the standard or a set of rules, the national standardization body shall decide on the registration of the submitted standard or set of rules or shall refuse to be registered with reasons for refusal. Within ten days from the date of registration of the standard or set of rules, the national standardization body decides to include such a standard or set of rules in the list of documents in the field of standardization, as a result of the application On a voluntary basis, it is ensured that the requirements of the technical regulations have been complied with and that the Government of the Russian Federation or the federal executive authority for technical regulation the inclusion of such a standard or set of rules in the list of documents in the standards containing 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. 6. The reason for the refusal to register a standard or set of rules is: Failure to comply with the requirements of paragraph 4 of this Article; reasoned opinion of the Technical Committee (Technical Committees) on standardization of the rejection of a standard or set of rules. 7. Reason for refusal to include a registered standard or set of rules in the list of documents in the field of standardization, which resulted in voluntary compliance with the requirements of the technical Regulations are the reasoned opinion of the Technical Committee (Technical Committees) on standardization that it cannot be used for conformity assessment purposes. 8. Within five days from the date of the decision on the registration standard or set of rules, the national standardization authority sends a copy of the decision to the concerned person with the conclusion of the Technical Committee (Technical Committee). (...) (...) The refusal of the national standardization body to register and (or) to include a standard or set of rules in the list of documents in the field of standardization referred to in paragraph 7 of this article may be appealed in court. 9. In cases where licensing contracts with foreign rights holders, as well as international agreements and other rules of international law, provide for the non-availability of public access to documents, In the field of standardization, the national standardization body will organize the official publication in the publication of a federal executive body on technical regulation and public information system in the public domain digital form of charge size information of the relevant documents and the rules for their dissemination. The National Standards Authority shall provide free standardization documents at the request of the public authorities or at the request of the court. "; 15) in article 46: (a) to supplement paragraphs 6 to 2- 6-4, read: " 6-2. Until the day of entry into force of technical regulations for specific products and related to the requirements of the design processes (including survey), production, construction, installation, adjustment, operation, storage, transport, Implementation and disposal by the Government of the Russian Federation of such products and (or) processes may be subject to the mandatory requirements contained in the technical regulations of the member States of the Customs Union or in documents European Union. In the introduction of such requirements, the Government of the Russian Federation may establish forms of conformity assessment and define the body authorized to exercise State control (supervision) of compliance with such requirements. 6-3. Until the day of entry into force of the requirements specified in paragraph 6-2 of this article, the national standardizing body is approved, published in the publication of the federal executive authority for technical regulation and placed in Information system of the general use in electronic format of the list of Customs Union or European Union member States to ensure compliance with the requirements referred to in paragraph 6-2 of this Article, standards, as well as documents containing rules and methods Research (tests) and measurements, including sampling rules, necessary for the application and execution of the said requirements and the conformity assessment. When the list of documents is published and posted, information is provided on the availability of translation of standards or codes of rules. The standards and codes of rules, the availability of translations of which are indicated in this list of documents, can be used for conformity assessment purposes. 6-4. The person concerned, for the purpose of ensuring compliance with the requirements set out in paragraph 6 to 2 of this article, may submit a standard or set of rules and a duly certified translation into the Russian language to the national standardization body, If this standard or set of rules is included in the list of documents referred to in paragraph 6 to 3 of this article. A duly certified translation into Russian of the standard or set of rules shall be considered by the national standardization body within seven days from the date of receipt. Following the submission of duly certified translations into Russian of the standards and codes of practice into the national standardization body, this body shall, within ten days, place in the list of documents in the field of standardization, Information on the availability of such translations, as provided for in paragraph 6 to 3 of this article. The procedure for taking duly certified translations into Russian of the standards and codes of regulations, the procedure for providing information about them, shall be determined by the federal executive authority for technical regulation. "; (b) Paragraph 7 should read: " 7. Mandatory product requirements, design processes (including survey), production, construction, installation, installation, operation, storage, transportation, disposal and disposal of which are specified in paragraph 1 of this article Technical regulations have not been adopted and shall remain in force until the day of entry into force of the relevant technical regulations. If the requirements specified in paragraph 6-2 of this article are in relation to the products and the requirements of the processes, the applicant is free to choose the technical regulation regime under which it will be An assessment of compliance with the requirements specified in paragraph 1 or in paragraph 6-2 of this article shall be carried out. If you select the technical regulation mode, product and process requirements set according to another mode are not applied for conformity assessment purposes. In the case of the choice of a technical regulation based on the requirements of paragraph 6-2 of this Article, conformity assessment shall be carried out in accordance with the regulations and procedures in force established by the regulations. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The energy efficiency requirements established in accordance with paragraph 6-1 of this Article, as well as the requirements for lighting devices, electric lamps used in AC circuits for lighting purposes, shall be required to the day of entry into force of the relevant technical regulations and from the date of their entry into force shall be subject to mandatory application in the part not regulated by the relevant technical regulations. "; g) to supplement the paragraph 9 to read: " 9. In order to carry out the work on the certification of compliance with the standardization requirements and documents referred to in paragraphs 6-2 and 6 to 3 of this Article, certification authorities, testing laboratories (centres) shall contact the accreditation body for obtaining accreditation of accreditation to the relevant field of accreditation or expansion of the scope of accreditation. ". Article 2 Admit invalid paragraphs 3 to 20 (a) of paragraph 7, subparagraph (b) Federal Act N 65-FZ" On amending the Federal Law on Technical Regulation " (Russian Federation Law Assembly 2007, N 19, Art. 2,293). President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 30 December 2009 N 385-FZ