of December 1, 2005 No. 3164-IV
About technical regulations and assessment procedures of compliance
This Law determines legal and organizational basis of development and application of technical regulations and assessment procedures of compliance, and also the fundamental principles of state policy in the sphere of technical regulation and assessment of conformity.
In this Law terms are used in such value:
the established requirements - the requirements established in technical regulations, standards, codes of common practice and specifications;
equivalence - sufficiency of various results of assessment of conformity for ensuring the same level of confirmation of conformity of rather same established requirements;
comments - notes and offers to projects, technical regulations and assessment procedures of compliance;
control - verification of the project documentation on products, process of its production and installation and determination of its compliance to the established requirements;
the international agreements of Ukraine - any international agreements of Ukraine, including bilateral and multilateral, about mutual recognition, development and application of technical regulations and assessment procedures of compliance which party is Ukraine;
conformity assessment body - the company, organization, the organization or their division which carry out activities for assessment of conformity, including calibration, testing, certification and inspection;
the appointing body, - body, certain or authorized the President of Ukraine of Ukraine to appoint conformity assessment bodies, to temporarily stop or cancel their appointment or to cancel temporary cancellation of their appointment;
the organizations - the companies, organizations, the organizations, authorities or other organizations, their divisions or their associations with the rights of the legal entity or without them, public organizations either the private or founded on other pattern of ownership companies, organizations, the organizations which are performing independent functions and having the constituent document (charter) and the management structure;
assessment of conformity - process which shows that the established requirements concerning products, process, service, systems, person or body were executed;
confirmation of conformity - issue of the document (the declaration of conformity or the certificate of conformity) based on the decision which is made after carrying out the corresponding (necessary) assessment procedures of compliance which proved accomplishment of the established requirements;
the service - result of economic activity which does not create goods, but is on sale and bought during trading activities;
assessment procedure of compliance - any procedure which is directly or mediately used for determination of whether the requirements established in the corresponding technical regulations or standards are carried out. Assessment procedures of compliance include procedures of sampling, testing, control, assessment, check, registration, accreditation and approval, and also their combination;
appointment - provision by body, certain or authorized President of Ukraine, to conformity assessment body of the right to carry out certain activities for assessment of conformity to requirements of technical regulations;
risk - possibility and reliable scales of consequences of negative impact during the certain period of time;
the state market supervision - the term is used in the value determined by the Law of Ukraine "About the state market supervision and control of non-food products;
technical regulation - legal regulation of the relations in the sphere of establishment, application and accomplishment of mandatory requirements to products or the related processes, systems and services, personnel and bodies, and also check of their observance by assessment of conformity and/or market supervision;
the technical regulation - the law of Ukraine or the regulatory legal act adopted by the Cabinet of Ministers of Ukraine in which product characteristics or the related processes or methods of production, and also the requirement to services, including relevant provisions which observance is obligatory are determined. It may contain also requirements to terminology, marks, packaging, marking or labeling which are applied to certain products, process or method of production.
This Law governs the relations connected with activities in the sphere of technical regulation, including assessment of conformity using its results, and extends to housekeeping subjects irrespective of their pattern of ownership and types of activity, state bodies, and also to the relevant public organizations.
Requirements of this Law do not extend to points of order concerning development, acceptance, review, modification and cancellation of technical regulations which affirm the law.
Operation of this Law does not extend to the sanitary actions developed and which are applied to protection of the person against the risks connected with foodstuff; actions which are developed and applied based on medical safety requirements to health of the person; the phytosanitary actions developed and which are applied to protection of plants against harmful organisms; the veterinary and sanitary actions developed and which are applied to protection of life and health of the person and animals against diseases of animals.
Provisions of this Law are not applied to the goods confiscated for making of administrative offenses and which are at the disposal of customs authorities; nonprofessional products of handicraft work; the used and repaired products which are transferred outside economic activity; the goods changed by consumers after their acquisition; products of art and unique products of national art trade which are imported and used for personal needs if another is not determined by the law.
The legislation of Ukraine in the sphere of technical regulation, including assessment of conformity, consists of this Law and other regulatory legal acts governing the relations in this sphere.
Objects of technical regulation are products, processes and services, in particular materials, components, the equipment, systems, their compatibility, rules, procedures, functions, methods or activities, personnel and bodies, and also requirements to terminology, designation, packing, packaging, marking, labeling, quality management systems and systems of ecological management.
Technical regulations and assessment procedures of compliance are developed in such a way not to create or to lead to creation of excess obstacles in trade.
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