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About Conformity

Original Language Title: Про підтвердження відповідності

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C A C U A TO R S
About Confirmation
(Information of the Verkhovna Rada of Ukraine (VR), 2001, N 32, st. 169)
{With changes under the Laws
N 2116-IV ( 2116-15 ) 21.10.2004, VCE, 2005, N 2, pp. 33
N 3164-IV ( 3164-15 ) from 01.12.2005, VR, 2006, N 12, pp. 101
N 882-VI ( 882-17 ) of 15.01.2009, VR, 2009, N 24, pp. 297
Code
N 2755-VI ( 2755-17 ) 02.12.2010, VR, 2011, N 13-14,
N 15 -16, N 17, pp. 112
Laws
N 4224-VI ( 4224-17 ) from 22.12.2011, VR, 2012, N 36, pp. 420
N 5312-VI ( 5312-17 ) 02.10.2012, VR, 2013, N 38, pp. 500
N 5463-VI ( 5463-17 ) 16.10.2012, VCE, 2014, N 4, pp. 61}

{In the text of the Law of the words "authorized body for certification",
" specially authorized by the central executive
the authority in the sphere of confirmation of conformity ",
rules for confirmation " in all differences and
The numbers are replaced according to the words " appointed body of
the conformity assessment "," the central executive body
According to the Evaluation Review, Technical Regulation in the
in accordance with the Act N 3164-IV
( 3164-15 ) 01.12.2005}
{In the text of the Law of Ukraine the words "governance system"
the environment " in all differences and numbers is replaced with the words
"Environmental Management System" in the appropriate case
and also under the N 882-VI Act ( 882-17 ) From
15.01.2009}
{In the text of the Law of the Word "central executive authority"
All differences are replaced
words " the central executive body, which provides
shaping public policy in the field of conformity assessment "
in the relevant case under Law N 5463-VI
( 5463-17 ) 16.10.2012}

This Act defines legal and organizational principles
confirming the conformity of products, quality systems, systems
management of quality, environmental management, staff and
aimed at ensuring a unified public technical policy in
The scope of compliance.
Section I
GENERAL PROVISIONS
Article 1. Basic terms and definitions
In this Act, the terms are used in this way:
products-any solutions, process or service, that
is made, done or provided for pleasure
Public needs;
manufacturer-legal or physical entity-subject
enterprise activities, responsible for the design,
fabrication, packaging and labelling of products independently of
to be executed by marked operation by this person or from its
Name:
system of quality-the set of interconnected and interacting
organizational structure elements defined by the mechanisms
responsibilities, powers and procedures of the organization, as well as
processes and resources that provide common
The leadership and its compliance with the requirements;
system of quality management-the aggregate of organs and objects
managing, interacting with logistical and technical and
Information tools at the management of product quality;
Environmental management system-the organizational structure
structure, activities and relevant resources and methods for
shaping, implementation, analysis and actualization of environmental
Policies;
provider-legal or physical entity-subject
Entrepreneurial activity which introduces into circulation of products or
is directly involved;
confirmation of the issuing of a document (declaration
the correspondence or certification of conformity) based on the decision,
which is accepted after the appropriate (necessary) procedures
Estimates of compliance with the implementation of the established requirements;
(Paragraph 8 of Article 1 in the edition of Act N 3164-IV ( 3164-15 )
01.12.2005)
correspondence declaration-procedure by which
maker or empowered by a person (further-manufacturer) under its
the full responsibility documents the product
Meets established legislation requirements;
certification-the procedure by which the
The order of the body is documented
products, quality systems, quality management systems, systems
environmental management, staff established by law
Requirements;
test laboratory-the laboratory that conducts
technical operations, which are to define one or more
The characteristics of these products according to the procedure established;
correspondence certificate-a document that confirms that
products, quality systems, quality management systems, systems
environmental management, staff meet the requirements
a specific standard or other normative instrument,
Defined by legislation;
correspondence declaration-documented in
the specified order of the manufacturer's statement, which is given to the guarantee
Compliance with the requirements established by the law;
the certificate auditor-the person who has the appropriate
qualifications, theoretical and practical training required for
Conduct of one or more types of certification work, and
Based on established order
Register;
Technical regulations-law of Ukraine or regulations
The Act adopted by the Cabinet of Ministers of Ukraine
the characteristics of products or related processes or methods
manufacturing, as well as services requirements, including relevant
The provisions of which are mandatory. It can also contain
terminology requirements, mark, packing, labeling, or
The etiquette that applies to a certain product, process or
method of production; (Abzac fifteenth article 1 in edition
Law N 3164-IV ( 3164-15 ) 01.12.2005)
a certificate of recognition-a document that ascertify the
foreign policy recognition for compliance
Products of the requirements established by the legislation of Ukraine;
the introduction of products in circulation-making or driving
Customs territory of Ukraine products with the next independent or
Mediated by its implementation in the territory of Ukraine;
The legislative regulated sphere is a sphere in which the requirements for
The products and conditions of entering it are regulated by
Legislation
The legislative unregulated sphere is a sphere in which the requirements for
The products and conditions of entering it are not regulated in circulation.
Legislation
compliance authority-enterprise, institution,
the organization, or their division, to fail
matching, including calibration, testing, certification
and inspection; {Article 1 is supplemented by a paragraph under the Law
N 3164-IV ( 3164-15 ) from 01.12.2005; in the editorial of Act N 4224-VI
( 4224-17 ) From 22.12.2011}
the body defined, the body defined by this Act.
assign organs out of conformity assessment, temporarily stop or
cancel their destination or cancel their temporary shutdown
target; {Article 1 is supplemented by paragraph under the Act
N 3164-IV ( 3164-15 ) from 01.12.2005; with changes made under
with Law N 5463-VI ( 5463-17 ) 16.10.2012}
compliance rating-a process that demonstrates that
established requirements for products, process, services, systems,
the person or body has been met; {Article 1 is supplemented by paragraph according to
with Act N 3164-IV ( 3164-15 ) From 01.12.2005; in the wording of the Law
N 4224-VI ( 4224-17 ) From 22.12.2011}
the purpose is to provide a body defined by this Act, the body
in accordance with assessment of the right to perform certain assessment activities
Compliance of the requirements of technical regulations; {Article 1, supplemented by
paragraph under Law N 3164-IV ( 3164-15 ) 01.12.2005; s
changes under the Act N 5463-VI ( 5463-17 ) From
16.10.2012}
compliance procedure-any procedure that is
directly or indirectly used to determine whether or not
Comply with the requirements in the relevant technical regulations
Or standards. Conformity assessment procedures include procedures
Sampling, testing, monitoring, evaluation,
inspection, registration, accreditation and approval, and their
Combination. (Article 1 is supplemented by paragraph under the Law
N 3164-IV ( 3164-15 ) 01.12.2005)
Article 2. Scope of the Act
This Act governs the relationships arising in the process
confirming the conformity of products, quality systems, systems
management of quality, environmental management systems, staff
the requirements established by the legislation of Ukraine, and extended to
producers and suppliers of products regardless of form
property and activities, to the bodies of certification,
test labs, as well as the relevant public bodies. {Article 2 with changes under Law N 5463-VI
( 5463-17 ) 16.10.2012}
Article 3. Legislation of Ukraine in the sphere of confirmation
matching
Legislation of Ukraine in the scope of conformity
is composed of this Act and other legal instruments that
regulate relationships in this sphere.
Article 4. Compliance Confirmation Objects
According to this Act, the confirmation of conformity is
products, quality systems, quality management systems, systems
Environmental management, staff.
Article 5. Basic Principles of Public Policy in the Sphere
Matching
State policy on confirmation of compliance
is based on the following principles:
the coordination of the actions of the executive authorities in the field
confirmation, the separation of powers and the
Avoidance of duplication;
impartiality, transparency and availability of procedures
Confirm;
using an existing international practice
methods for approvability according to potential
Risk
ensuring identical validation procedures for compliance
Products of domestic and foreign origin;
Harmonization of national legal instruments with
Acknowledging the correspondence with international and European;
promoting the scope of conformity confirmation in
The Legislature is an unregulated area;
compliance with the privacy requirements obtained by the
As a result of the work of confirmation;
ensuring full and comprehensive information on issues
To confirm the matching of all involved parties;
design or application of the conformity assessment procedure
in a manner sufficient to ensure the matching of products,
processes and services by technical regulations or standards, considering
on risks in case of discrepancy. (Article 5 complemented by paragraph
Tenth under Act N 3164-IV ( 3164-15 ) 01.12.2005)
Article 6. Powers of the executive branch in the field
Matching
Cabinet of Ministers of Ukraine in the field of confirmation
Match:
provides the exercise of public policy in the
Confirm;

{Paragraph 3 of the third part of first article 6 is excluded
Law N 5463-VI 5463-17 ) 16.10.2012}

{The fourth part of the first article 6 is excluded from the
Act N 5463-VI 5463-17 ) 16.10.2012}

Approves technical regulations;
Concluding international agreements in the scope of conformity,
accession of Ukraine to international (regional) systems
Certifications;
approve order (s) 59-2007 ) Implementing procedures
assigning authorities to the conformity assessment
matching products, processes and services to the requirements of technical
Rules. {Part of the first article 6 is supplemented by a paragraph of the seventh
under the Law N 3164-IV ( 3164-15 ) 01.12.2005}
Central Executive Body for the Performing Arts
Public policy in the scope of conformity assessment:
provides the holding of a unified public technical policy in
The scope of confirmation;
Organises the development of regulatory and regulatory projects,
that establish general requirements and rules for confirmation
Regulation in the Legislature of regulated sphere;
provides methodological assistance to the central bodies of the executive board
power in developing draft laws, other regulations and
acts to confirm compliance, including technical and
Regulations;
Agree to be developed by the Central Executive
technical regulations served on the approval of the Cabinet
Ministers of Ukraine;
sets the order of providing them with information relating to
the issuer of certificates of conformity and certificate of recognition
Correspondence;
Organising the conduct of the National Foundation for Legal and Legal
Acknowledgement of compliance issues. {Article 6 is supplemented by a new part of the second under the Law
N 5463-VI ( 5463-17 ) 16.10.2012}
Central Executive Body, implementing the State
In the field of conformity assessment: {Abzac of the First Part
Third Article 6 in the edition of Act N 5463-VI ( 5463-17 ) From
16.10.2012}
takes part in the formation of public policy in
Confirm;

{Paragraph 3 of third Article 6 is excluded from the
Law N 5463-VI 5463-17 ) 16.10.2012}

Prepares proposals for the signing of international agreements in the field
confirmation, accession of Ukraine to international
(regional) certification systems, taking a decision on the order
recognition of the results of the works carried out by the certification bodies
Other countries;
coordinates the activities of the central executive bodies in
defined areas of activity
Legislation regulating;

{The sixth part of the third article 6 is excluded from the
Law N 5463-VI 5463-17 ) 16.10.2012}

{The paragraph of the seventh part of the third article 6 is excluded from the
Law N 5463-VI 5463-17 ) 16.10.2012}

{The paragraph of the eighth part of the third article 6 is excluded
Act N 5463-VI 5463-17 ) 16.10.2012}

arranging the conduct of the state registry of appointed bodies from
Correspondence estimates; {Abzac of the ninth part of Article 6 of Article 6 of the
changes under the Act N 5463-VI ( 5463-17 ) From
16.10.2012}
Organize the training and certification of the certification audits;

{The paragraph of the eleventh part of the third article 6 is excluded
Act N 5463-VI 5463-17 ) 16.10.2012}

Provides confirmation information on confirmation issues
Correspondence;
Assigns estimate bodies according to proposals
The relevant central executive bodies; (Part of the article)
6 supplemented by paragraph 13 according to Law N 3164-IV.
( 3164-15 ) 01.12.2005)
arranging the work of the evaluation work
According to the intended estimates.
(Part of article 6 is supplemented by paragraph fourteen,
Act N 3164-IV ( 3164-15 ) 01.12.2005)
Central Executive Authorities on which the functions are entrusted
Technical regulation in designated areas of activity:
prepare proposals for the purpose of the evaluation bodies
matching to perform acknowledgement
Legislation regulating;
participate in the development of projects of technical regulations and
Other regulations in the field;
Organize training and promotion of qualifications
to confirm the correspondence.

{Part of Article 6 is excluded based on Act N 3164-IV
( 3164-15 ) 01.12.2005}

{Article 7 is excluded based on Act N 3164-IV ( 3164-15 )
01.12.2005}

{Article 8 is excluded based on Act N 3164-IV ( 3164-15 )
01.12.2005}

Chapter II
CONFIRM COMPLIANCE
LEGISLATIVE LEGISLATOR
Article 9. Compliance with Legislature
in the area
Procedure for confirmation of the law
the regulated sphere for individual types of products that can be
danger to life and health of human beings, animals, plants, and also
property and environmental protection, by technical
Rules.
With the introduction of technical regulations
the executive branch, which provides the formation of public policy in
the field of conformity assessment, officially publishes list of national
standards, voluntary use of which can be perceived as
The proof of compliance with the requirements of technical regulations.
Vendor or vendor also has the right to confirm compliance
to produce the requirements of technical regulations other than compliance
Standards, ways to be predicted by these regulations.

(Article 10 is excluded under Act N 3164-IV)
( 3164-15 ) 01.12.2005)

Article 11. Certification in a legally regulated area
Certification in the legally regulated industry
According to the requirements of technical regulations.
Certification results in the event of a positive
the solution assigned to the applicant's conformity assessment
a matching certificate like ( z0563-11 , za563-11 )
which is approved by the central executive body that
provides the formation of public policy in assessing
Fit.

(Article 12 is subject to Act N 3164-IV)
( 3164-15 ) 01.12.2005)

Article 13. Producers and suppliers of products,
that is subject to confirmation in
Regulatory Legislature
The manufacturer is required to:
To promote all procedures for confirmation,
For a specific type of products;
nanowires to produce a national correspondence sign in
Legislation regulating;
to compensate consumers for their losses in the case of
detecting disparity with requirements specified in
correspondence declaration and/or correspondence certificates or certificates
Certificates of recognition;
provide provider with information about the certification of products
by setting registration certificate registration numbers
in documents that are transmitted by the relevant products;
(Part of first article 13 is supplemented by paragraph under the Law
N 2116-IV ( 2116-15 ) 21.10.2004)
Accompany the matching of the correspondence declaration, if
This is established by a technical regulation on the relevant kind of products;
{Part of the first article 13 is supplemented by a paragraph under the Act
N 2116-IV ( 2116-15 ) From 21.10.2004; in the wording of Law N 5312-VI
( 5312-17 ) 02.10.2012}
provide for the motivated demand of organs, which according to
laws of Ukraine are of the authority to verify the quality and
Product safety, manufacturer or importer
certificates of conformity or certificate of conformity
A/or a declaration of correspondence if its presence is in the manufacturer
There is a technical regulation on the relevant kind of products.
(Part of first article 13 is supplemented by paragraph under the Law
N 2116-IV ( 2116-15 ) 21.10.2004)
Vendor is required:
Implement products when documents are available
according to which it is transferred to the appropriate products, registration
certification certificates or acknowledgement certificates
conformity; {Abzac second part of the second article 13
Law N 2116-IV ( 2116-15 ) From 21.10.2004; with changes made
under the Law N 5312-VI ( 5312-17 ) 02.10.2012}
stop the implementation of products if it does not match
the requirements of the regulations specified in the
matching or certificates of relevance or certificate of
Compliance.
Article 14. State view for confirmation of compliance with
Regulatory Legislature
State supervision of approval requirements
Correspondence in the Legislative Regulated sphere is exercised in
of the order established by the legislation.

(Article 15 is excluded under Act N 3164-IV)
( 3164-15 ) 01.12.2005)

Chapter III
CONFIRM COMPLIANCE
STATE OF THE NON-REGULATED SECTOR
Article 16. Legislative correspondence
Unregulated area
The manufacturer can make a declaration of compliance
by its own initiative or on the basis of the consumer agreement, at
it is responsible for the inclusion of the underworthy
Information on the declaration under the laws of Ukraine.
Article 17. Certification in the Legislature Legislature
Certification in the legally-regulated industry
in voluntary charges in a manner defined by the treaty between
The applicant (manufacturer, supplier) and the certification authority.
This confirms the mapping of products, quality systems,
Quality management systems, environmental management systems,
staff with any stated requirements.
The certification authority establishes the conduct of the
The certification determines the attendees of the certification authority.
Certification on voluntary services may also fail
Certification bodies authorized for the failure of work in the
The law of the regulated sphere.
Chapter IV
FINANCING ACTIVITIES
TO CONFIRM COMPLIANCE
Article 18. Funding for confirmation
in accordance with the statutory regulatory law
Organs activity with confirmation of compliance
The Legislature of the regulated sphere is funded by:
the funds received by the assessed authorities
according to applicants as a fee for the completed work of
Confirm;
The budget of the State Budget of Ukraine
Other funds provided by the law.
Within the scope of the allocated budget funds, in the scope of confirmation
Funded by:
Activities of the Executive Committee on which the
the functions of technical regulation in designated areas
Activities
State supervision of requirements;
Research work;
development of technical regulations, international and
the national regulations governing the relevant
Rules and requirements;
To participate in international (regional) organizations.
Work Orders Orders Confirmation
The State Budget of Ukraine is the central organs of the executive board.
the power on which the legislation is entrusted to technical regulation in
The number of areas of activity
Article 19. Payment Confirmation Work Payment
Payment of work to confirm compliance with the Legislative Assembly
the regulated sphere is carried out according to the rules of the definition
the cost of these works, which are approved by the Cabinet of Ministers of Ukraine.
Payment of work to confirm compliance with the Legislative Assembly
The non-regulated sphere is carried out on the contractual basis.
Section V
RESPONSIBILITY FOR VIOLATION OF REQUIREMENTS
IN CONFORMITY WITH
Article 20. Responsibility for violation of legislation in
confirmation of compliance
Persons responsible for confirmation of legislation in the area of confirmation
In accordance with the laws of Ukraine.
Chapter VI
INTERNATIONAL COOPERATION
Article 21. Participation of Ukraine in international cooperation
confirmation of compliance
the central executive body that provides the formation
public policy in the scope of conformity assessment, in established
legislative order represents Ukraine ' s interests in international
conformity-of-compliance organizations
cooperation in this sphere with the relevant bodies of other countries,
accepts the decision to join international and regional
certification systems, make treaties over mutual recognition
the results of the receipt confirmation.
Article 22. International treaties
If an international treaty, consent to the binding
issued by the Verkhovna Rada of Ukraine, established other norms than those of
provided by this Act, the rules of international
treaty.
Chapter VII
FINAL POSITIONS
1. This Act will take effect from the day of its publication.
2. Matching products according to requirements
Decree of the Cabinet of Ministers of Ukraine dated May 10, 1993 N 46-93
( 46-93 ) "On Standardization and Certification" (in part of the provisions)
certification) is done before entering the appropriate application
of technical regulations.
3. Cabinet of Ministers of Ukraine for six months from the day
The Act:
to submit proposals to the Verkhovna Rada of Ukraine
Legislation in compliance with the Act;
To ensure the introduction of its normative acts,
Ministerial and other central
The authorities are in compliance with the rules of this Act;
to develop and approve regulatory and legal acts foreseen in
This is the Law.
4. Compliance certificates and certificates of recognition
the given order issued in the public system
certification of products and services prior to the Act,
is valid until the end of their action.

{Paragraph 5 of section VII lost the validity of the Code
N 2755-VI ( 2755-17 ) 02.12.2010}

President of Ukraine
Um ... Kiev, 17 May 2001
N 2406-III