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On Amendments To Certain Laws Of Ukraine Regarding The Accreditation Of Conformity Assessment Bodies

Original Language Title: Про внесення змін до деяких законів України щодо акредитації органів з оцінки відповідності

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C A C U A TO R S
On Amendments to Certain Laws of Ukraine
concerning the accreditation of organs from conformity assessment
(Information of the Verkhovna Rada of Ukraine (VR), 2012, N 36, pp. 420)

Verkhovna Rada of Ukraine Oh, I am. :
I. Amend the laws of Ukraine to be amended:
1. Article 14 of the Law of Ukraine " On Accounting and
financial reporting in Ukraine " ( 996-14 ) (Information from the Verkhovna Rada)
For the sake of Ukraine, 1999, N 40, st. 365; 2006, N 26, pp. 210; 2011
29, pp. 362, N 45. 484) complement part of the sixth such
content:
" 6. The national body of Ukraine with accreditation is not required
On June 1 the next year, the next year
financial reports by distributing them in the form of separate publications
//or posting on their web site online ".
2. Abzations of the twentieth and twenty-second articles 1 of the Act
Ukraine "On Confirmation of Compliance" 2406-14 ) (Information
The Verkhovna Rada of Ukraine, 2001, N 32, pp. 169; 2006, N 12, pp.
101; 2009, N 24, pp. 297) to read:
" organ in conformity assessment-enterprise, institution,
the organization, or their division, to fail
matching, including calibration, testing, certification
and Inspection ";
" conformity assessment-a process that demonstrates that
established requirements for products, process, services, systems,
the persons or body were met. "
3. In the Law of Ukraine " On the accreditation of bodies
matching " ( 2407-14 ) (Information Of The Verkhovna Rada Of Ukraine, 2001)
, N 32, st. 170; 2009, N 24, pp. 297; 2011, N 21, pp.
144):
(1) Articles 1 and 2 to set out in such an editorial:
" Article 1. Basic terms and definitions
In this Act, the terms are used in this way:
the accreditation of the organs from conformity assessment (further-
Accreditation by the national authority of Ukraine
the accreditation of what the conformity assessment body corresponds to
the requirements of national standards harmonized with the appropriate
international and European standards, and if necessary
any additional requirements for accreditation in the relevant areas
for the failure of the defined activity on the conformity assessment;
mutual evaluation-the process of evaluating a national body from
Accreditation by national authorities on the accreditation of other states that
is carried out in accordance with the requirements adopted by the international,
the European and other regional organizations with accreditation,
Of which is the national body of Ukraine from accreditation;
Counseling-providing consulting services and other
Assistance for the development and implementation of management systems and
procedures for conformity assessment, as well as for
Retention of the other requirements necessary for their accreditation;
the national sign of accreditation is a sign that certify that
an organization that uses this sign accredited by the national
The organ of Ukraine on accreditation;
The inspection authority is the conformity assessment body.
Performs a compliance evaluation procedure by observing and
the findings that are accompanied by the appropriate measurements,
Tested or calibrated;
compliance authority-enterprise, institution,
the organization, or their division, to fail
matching, including calibration, testing, certification
and inspection;
evaluation-the process of assessing the competence of an organ in assessment
in accordance with the determined scope of accreditation, which is
National organ of Ukraine with accreditation on the basis of
standards and/or other regulatory documents;
compliance rating-a process that demonstrates that
established requirements for products, process, services, systems,
Persons or organs were met;
Accreditation staff-auditors with accreditation and experts from
Accreditation, which is involved by the national body of Ukraine with
Accreditation for work on accreditation.
Article 2. Scope of the Act
This Act governs the relationship related to accreditation
National organ of Ukraine from the accreditation of bodies
matching, including foreign assessment bodies
According to the Executive Committee,
National body of Ukraine with accreditation and evaluation bodies
Regardless of the form of ownership ";
(2) Article 5 is supplemented by part of the second such content:
" Accreditation is carried out in accordance with the requirements established
legislation in the field of accreditation, national standards with
questions, harmonized with the relevant international and
European standards, as well as other documents on
Accreditation adopted by the national authority of Ukraine
accreditation, international and European organizations with
Accreditation. List of names and values of such acts and documents,
the text of the laws of accreditation, as well as
the text of other documents on accreditation,
The national organ of Ukraine with accreditation, published on
Web site of the national body of Ukraine on accreditation on the Internet ";
3) in Article 6:
a part of the second teaching in such an editorial:
" The national body of Ukraine with accreditation is state
an organization that is formed by the central body of the executive branch
Economic Policy and Non-Profit
Economic activities ";
Part of the fifth to exclude;
Part of this:
" The main functions of the national body of Ukraine with
Accreditation is:
the accreditation of bodies from conformity assessment, including
acceptance of accreditation decisions, failure to be accredited,
expansion and limitations of the scope of accreditation, temporary stopping and
Resuming actions and abolishing an accreditation certificate;
monitoring the relevance of accredited
bodies of conformity assessment of accreditation requirements (further-
monitoring) by conducting supervision, conducting retries and
Extraordinary assessments;
Approval:
Order of accreditation, accreditation of accreditation works;
Monitoring order;
the order of the complaints related to the activities of the accredited
Correspondence Bodies;
Requirements, Order and Rules of Staff Qualifications
Accreditation;
The accreditation committee of the staff of the accreditation staff;
organization of selection, training, training and grading
the staff from accreditation, bringing it to work with
Accreditation;
Conduct of the Register of Accredited Organs
and register of accreditation personnel;
Participation in the harmonization of legal instruments,
national standards and other documents on accreditation from
international and European rules and standards that
determine the requirements of the national body of Ukraine from accreditation and
Accreditation bodies with conformity assessment;
The organization of research work in the sphere of accreditation;
Information assurance organization
Accreditation ";
Add parts to the eighth-ninth such content:
" In cases established by the legislation, the national body
In Ukraine, accreditation is performed on the accreditation of other persons,
than the organs of conformity assessment, or the evidence of competence
The number of persons concerned about the failure of the activity, for the second
The National Authority of Ukraine with accreditation is published on
its web site online information about activities from
the assessment of which it carries accreditation, and about
any related changes with reference to appropriate
Regulations and standards.
The national body of Ukraine with accreditation provides central
Executive Body for Economic Policy Information
for the failure of all accreditation activities in scope and order,
defined by the provisions of the national body of Ukraine with
Accreditation ";
4) complement the articles 6-1 to 6-3 such content:
" Article 6-1. Requirements for the national body of Ukraine
of accreditation
The national body of Ukraine with accreditation must be
independent of the organs of conformity assessment, the accreditation of which
it exercises, and from any commercial pressure and prevention
to the conflict of interest with the authorities on conformity assessment.
The national body of Ukraine with accreditation is obligated to:
provide objectivity and impartiality of its
Activities
provide decision-making regarding the accreditation of organs from
estimates by other individuals than those evaluated by the
Such bodies;
Ensure the confidentiality of the information received;
define activities from the correspondence assessment activities that
it makes accreditation, with reference to appropriate
Regulations and standards;
to conduct management of accreditation activities and internal
Control in accordance with the established procedures;
to have sufficient staff, including staff from
Accreditation, for the proper execution of tasks of the national body
Ukraine's accreditation and responsibilities
The responsibility of the specified staff;
be conducted according to the established monitoring order
the competence level of staff from accreditation and execution status
To his duties;
check to conduct conformity assessment
in order to prevent excessive workload on customers
Work on assessment and assessment of the number of employees
the customers of such works, the industries in which they fail,
their structures, features of their production and technological processes;
To publish annual financial reports.
Article 6-2. Limitations of the national body
Ukraine with accreditation
The national body of Ukraine on accreditation is prohibited:
to fail or offer activities (including services),
(a) The following:
Advising;
be a shareholder or participant (founder) of the evaluation bodies
the correspondence or the other way to participate in their management or
Receive the benefits from their activities.
Article 6-3. Appointment and dismissal
Head of National Authority of Ukraine
of accreditation
The National Authority of Ukraine with accreditation is headed by a supervisor,
Who is appointed to the office and is dismissed from the post of central
the executive body on economic policy issues at the
Five years.
The head of the national body of Ukraine with accreditation can
to be a citizen of Ukraine who is permanently residing in Ukraine, has
complete higher education, common stampede in senior positions not
less than five years, experience in the field of accreditation of organs from
Match rating or compliance score not less than
Two years.
The head of the national body of Ukraine with accreditation cannot
be a person who is the head of an organ in conformity assessment or
enter the composition of the highest, executive, control body or
The supervisory board of the conformity assessment authority, or is a direct or
Mediated stock owner (particles, pai) of the valuation body
According to the criminal record, or has a criminal record.
Central Agency for Economic Development
policies take into account proposals of the Council on accreditation for candidatures
The position of head of the national body of Ukraine from accreditation.
Head of the National Body for Accreditation
He is dismissed from the post of:
End of the term;
Filing a statement of dismissal from office at its own request;
The defendant is legally charged with the indictment of the court;
termination of citizenship or exodus outside Ukraine
Permanent residence;
detection or occurrence of circumstances according to parts
the second and third of this article exclude the possibility of a person to be
The head of the national body of Ukraine from accreditation;
A one-time gross violation of legislation in the field
Accreditation;
Non-execution of official duties, including as of
Health, for more than four months of the charge;
Decision-making in force by the decision of the court
Incapacitated.
Powers of the Head of National Authority of Ukraine
The accreditation will also cease in the event of death or
Based on the decision of the court of the deceased ";
5) in Article 7:
The fourth part of the first article is as follows:
" representatives of scientific institutions, alliances (unions, associations)
Entities of the household, public organizations ";
In part two:
in a paragraph of the third word " in this Act and other
legal instruments "to replace the words" by the Law, others
normative legal acts, standards and other documents from
Issues of accreditation ";
the paragraph of the fourth edition:
" providing guidance on the order of implementation of accreditation and
monitoring, regarding consideration of appeals and definitions
the size of the payment of work on accreditation and monitoring ";
The fifth paragraph to complement the words "with accreditation";
In the paragraph of the eighth word "control", replace the word "supervisory";
In paragraph 9, the word "international" to exclude;
The tenth paragraph should be augmented with the words "and concluding"
Report of the
6) in the paragraph of the third part of the second article 8 words
"special requirements and additional criteria" replace the words
"additional requirements for";
(7) In Article 9:
in part the first word " action and decision of the national body from
Accreditation for refusal in accreditation "to replace the words" with the words "
the activities and inactivity of the national body of Ukraine on accreditation,
associated with the accreditation of the relevant assessment body
";
in part two of the word "head of the national authority"
Replace the words "national body of Ukraine";
8) in Article 10:
the name and paragraph of the first meeting in this edition:
" Article 10. Persons who may be accredited or
the competence of which may be attested
National organ of Ukraine from accreditation
The national body of Ukraine with accreditation may be accredited
According to the conformity assessment, namely ";
paragraph 6 of the sixth edition:
"Inspection bodies";
Complement the paragraph by the seventh such content:
"other bodies of conformity assessment";
Add parts to the second and third such content:
" In cases established by the legislation, the national body
Ukraine with accreditation can accredited other persons than organs with:
compliance ratings, and ascertify the competence of persons with respect to
The failure of the other than the conformity assessment.
The national body of Ukraine with accreditation is accredited or
The competence of persons identified in parts of the first and
the second of this article, regardless of their ownership and with
"Local recognition of both the territory of Ukraine and outside of Ukraine";
(9) In Article 11:
Part of the first elimination;
In part two:
the paragraph of the first edition:
"The main stages of implementing accreditation are";
in the paragraph to the second word "activities" to replace the word
"accreditation";
in the paragraph of the seventh word "check", replace the word "evaluation";
in the paragraph of the eighth word " check with recommendations on
Accreditation or denial of accreditation "replace the words"
" estimates of the applicant ' s accreditation recommendations (expansion)
the scope of its accreditation) or the failure of the applicant's accreditation
(a failure in the expansion spheres of its accreditation) ";
Complement the paragraph of the ninth such content:
" Decision on the accreditation of the applicant (the expansion of the sphere
its accreditation) or about the rejection of the applicant ' s accreditation (refusal)
in the extended spheres of its accreditation) ";
part of the third-sixth to replace seven parts such as
content:
" National Authority of Ukraine on Accreditation on the basis of application
The body of conformity assessment evaluates to the competence of the body
for the failure of the specified evaluation activity
Fit.
If the national body of Ukraine with accreditation establishes that
the relevant conformity assessment body is competent to
The failure of the stated activity,
The national body of Ukraine with accreditation takes a decision on its
accreditation or expansion of the sphere of its accreditation. In case of acceptance
Decision on the accreditation of an organ with conformity assessment
Issued by the Certificate of Accreditation and granted
use the national sign of accreditation. Action Lines
On the other hand, it is five years old. Description and Rules
the application of a national sign of accreditation is established
the central authority of the executive branch on economic
Policy.
In the case of a denial decision in accreditation or failure
in an extended sphere of accreditation, the applicant appears (is sent)
written message of such failure, in which it is noted
Please.
National Authority of Ukraine on accreditation conducts monitoring
By periodic review and/or repeated evaluations
accredited bodies, and on the basis of appeals from
established by the legislation of cases, or complaints related to
Activities of accredited bodies-implementation in case of need
their extraordinary grades.
If the national body of Ukraine with accreditation establishes that
The accredited authority on conformity assessment has lost competence
for the failure of the defined activity on the conformity assessment or
Committed a gross violation of his duties, the national body
Ukraine from accreditation takes all relevant measures to restrictions.
a sphere of accreditation, a temporary halt of action or cancellation
An article about accreditation.
Decision on accreditation, abandonment in accreditation, expansion and
limit of the scope of accreditation, temporary stopping and resuming action
and the abolition of the atheism on accreditation takes the supervisor
the national body of Ukraine against accreditation, and in the case of
Absence-the person who replaces it.
The use of accreditation lines is determined by the national
The Authority of Ukraine with accreditation ";
10) in Article 12:
in a paragraph in the second word "in the sphere" with the words " and
standards on issues ";
The fourth paragraph is complemented by the words "and monitoring";
in the paragraph of the fifth word " termination of action or recognition
invalid "replace the words" temporary stop of action or
";
11) in Article 14:
The name is supplemented by the words "accreditation activities";
in part one:
in the paragraph of the first word "works" to replace the word "activities";
paragraph 2 is the second with the words "and monitoring";
In part two:
the paragraph of the first edition:
" Allocated funds for the State Budget of Ukraine in the field of
The accreditation can be used solely by such areas ";
in the paragraph of the third word "and normative documents"
The words "national standards and other documents";
the paragraph of the fourth indent with the words " including payment
Membership contributions to these organizations ";
Add to the third and fourth of the following:
" The funding of the directions defined in part two of this
the article can also be carried out by other funds,
were obtained from accreditation activities.
Net profit received by results
financial services, used by the national
The body of Ukraine with accreditation to fund its development
", with regard to legislation requirements";
(12) Article 15 is set out in such an editorial:
" Article 15. Payment of work on accreditation and monitoring
Size and order of payment of works on accreditation and monitoring
established by the national body of Ukraine with accreditation
According to the method of determining the cost of such works, which
is approved by the central authority of the executive branch on matters of
Economic policy.
National Authority of Ukraine with accreditation proves to
general knowledge about the size of payment of work from
Accreditation and monitoring ";
(13) to complement Article 17 of this content:
" Article 17. International cooperation in the field of accreditation
To ensure international cooperation in the field
Accreditation of the national authorities of Ukraine from the accreditation of:
represents and takes part from Ukraine in international,
European and other regional accreditation organizations;
Negotiate cooperation and mutual recognition
Accreditation of organs from conformity assessment;
can participate in mutual assessments that are held in
within international, European and other regional organizations
with accreditation, a member of which is the national body of Ukraine with
Accreditation;
collaborates with national bodies on accreditation of others
States;
can refer to the use of accreditation until
National bodies for the accreditation of other states with regard to
performing them separately from the assessment of the evaluation bodies
{\f29 matching, } {\f29 reviews,
Accredited bodies. National Authority of Ukraine with Accreditation
accepts the decisions for the results of such works and produces an atheist
Accreditation;
can follow requests from national authorities
The accreditation of other states during the exercise of the
individual work on evaluating bodies from conformity assessment, supervision,
Repeated or extraordinary assessment of accredited bodies ";
14) in the text of the Law (art. 2407-14 ) the words " national body of
Accreditation and the central authority of the executive branch
the economy " in all differences replaced by the words
"National Authority of Ukraine with Accreditation" and "Central Authority"
of the Executive Committee on Economic Policy " in the
Mark.
4. In Law of Ukraine " On standards, technical regulations and
compliance procedures " ( 3164-15 ) (Information from the Verkhovna Rada)
For the sake of Ukraine, 2006, N 12, st. 101; 2008, N 23, pp. 218; 2011
, N 21, st. 144):
(1) the paragraphs of the seventh and tenth articles 1 of the teaching in such a
& Revision:
" organ in conformity assessment-enterprise, institution,
the organization, or their division, to fail
matching, including calibration, testing, certification
and Inspection ";
" conformity assessment-a process that demonstrates that
established requirements for products, process, services, systems,
Persons or organs were met ";
(2) In Article 28:
Part of the fourth edition:
" Authorities with conformity assessment claim the following:
destination must be accredited by the national authority
Ukraine from accreditation, and in case the national body of Ukraine with
Accreditation does not make accreditation on the relevant species
the conformity assessment, the national body of
The accreditation of another State ";
Add part to eleven of the following:
" The National Authority of Ukraine with accreditation is urgent
reports restrictions on the scope of accreditation, temporary stop
actions or the abolition of an athestat on the accreditation of the appointed authority
assessment of the conformity of the executive branch of the executive branch on matters of
conformity assessment and relevant central authority
the executive branch, which rely on the functions of the technical
regulation in the determined sphere ";
3) in the paragraph of the third part of Article 30 of the word
"systems" replace the words "organizations with".
II. Transitional provisions
1. This Act will take effect from the day of its publication.
2. To act on the accreditation of the organs of conformity assessment,
This Act is valid until the end of the
a string of their actions.
3. Help towards the head of the national body of Ukraine with
accreditation, established part of the second article 6-3 of the Law of Ukraine
"On accreditation of the organs of conformity assessment" ( 2407-14 ), not
are distributed to the person who holds the position of head of national
Body of Ukraine from accreditation at the time of entry into force
By law.
4. The decision to appoint unaccredited bodies
The validity of the Act is adopted by the Law of the
Not more than two years from the day of the Act,
with the exception of cases where such organs are during this row
matching will be accredited with respect to
in accordance with the requirements according to the requirements of the
fourth Article 28 of the Law of Ukraine " On standards, technical and
rules and procedures for conformity assessment 3164-15 ).

President of Ukraine V. YASUKOVIC
Um ... Kiev, 22 December 2011
N 4224-VI