of March 29, 2017 No. 647
About approval of Methodical recommendations about development and program implementation of actions for prevention of damnification in connection with discrepancy of products to requirements of technical regulations
For the purpose of implementation of Articles 37 - 39 Federal Laws of December 27, 2002 "About technical regulation" I order to No. 184-FZ:
1. Approve the enclosed Methodical recommendations about development and program implementation of actions for prevention of damnification in connection with discrepancy of products to requirements of technical regulations.
2. To management of the state supervision and control (S. S. Makarenko) to bring the Methodical recommendations specified in Item 1 of this order to the interested organizations, including the industry unions and associations.
3. To impose control of execution of this order on the deputy manager of Federal Agency for Technical Regulation and Metrology A. V. Kuleshov.
Head
A. V. Abramov
Approved by the Order of Federal agency of the Russian Federation on technical regulation and metrology of March 29, 2017 No. 647
1.1. These methodical recommendations are developed for the purpose of implementation of the Federal Law of December 27, 2002 No. 184-FZ "About technical regulation" (further - the Federal Law) and the corresponding technical regulations.
1.2. Article 37 of the Federal Law determines that the manufacturer (the contractor, the seller, person performing functions of the foreign manufacturer) who knew of discrepancy issued in the product circulation to requirements of technical regulations, shall report about it in state control (supervision) body according to its competence within ten days from the moment of receipt of the specified information.
1.3. According to article 38 of the Federal Law, within ten days from the moment of receipt of information on discrepancy of products to requirements of technical regulations if need of establishment of longer term does not follow from being of the held events, the manufacturer (the seller, person performing functions of the foreign manufacturer) shall perform reliability of the acquired information.
In case of confirmation of accuracy of the information about discrepancy of products to requirements of technical regulations the manufacturer (the seller, person performing functions of the foreign manufacturer) within ten days from the moment of confirmation of reliability of such information shall develop the program of actions for prevention of damnification and approve it with state control (supervision) body according to its competence.
1.4. The program shall include actions for the notification of acquirers, including consumers, about availability of threat of damnification and methods of its prevention, and also terms of realization of such actions.
If it is necessary to make additional expenses for prevention of damnification, the manufacturer (the seller, person performing functions of the foreign manufacturer) shall perform all actions for prevention of damnification by own efforts.
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