of October 31, 2018 No. 937
About approval of criteria by which the risk degree from implementation by the appointed conformity assessment bodies and acknowledged independent organizations of economic activity on assessment of conformity to requirements of technical regulations is estimated and frequency of implementation of planned actions of the state supervision (control) by the Ministry of Economics, the environment and agricultural industry is determined
According to article 5 of the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity" the Cabinet of Ministers of Ukraine decides:
1. Approve criteria by which the risk degree from implementation by the appointed conformity assessment bodies and acknowledged independent organizations of economic activity on assessment of conformity to requirements of technical regulations is estimated and frequency of implementation of planned actions of the state supervision (control) by the Ministry of Economics, the environment and agricultural industry which are applied is determined.
the resolution of the Cabinet of Ministers of Ukraine of May 31, 2017 "About approval of criteria by which the risk degree from implementation of economic activity on assessment of conformity to requirements of technical regulations is estimated and is determined No. 384 frequency of holding planned actions of the state supervision (control) by the Ministry of Economic Development and Trade" (The Official Bulletin of Ukraine, 2017, No. 47, the Art. 1467);
Item of 39 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of December 18, 2017 No. 1103 (The Official Bulletin of Ukraine, 2018, No. 17, the Art. 573).
Prime Minister of Ukraine
V. Groysman
Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 31, 2018 No. 937
1. Criteria by which the risk degree from implementation by the appointed conformity assessment bodies and acknowledged independent organizations of economic activity on assessment of conformity to requirements of technical regulations is estimated and determine frequency of implementation of planned actions of the state supervision (control) of Ministry of Economics, are:
the implementation term by the appointed conformity assessment bodies and acknowledged independent organizations of economic activity on assessment of conformity to requirements of technical regulations;
availability of violations by the appointed conformity assessment bodies and acknowledged independent organizations of requirements of the legislation on technical regulations and assessment of conformity;
availability of the appeals submitted in the appeal commission created by Ministry of Economics on decisions of the appointed conformity assessment bodies and acknowledged independent organizations.
2. Risks of approach of negative effects from implementation by the appointed conformity assessment bodies and acknowledged independent organizations of economic activity to requirements of technical regulations are determined by assessment of conformity in appendix 1.
3. The list of criteria by which the risk degree from implementation by the appointed conformity assessment bodies and acknowledged independent organizations of economic activity on assessment of conformity to requirements of technical regulations is estimated, their indicators and the number of points is determined by each indicator in appendix 2.
4. Reference of the appointed conformity assessment body and acknowledged independent organization to high, average or insignificant risk degree is performed taking into account score, added by all criteria determined in appendix 2, by the following scale:
from 41 to 100 points - to high risk;
from 21 to 40 points - to average risk degree;
from 0 to 20 points - to insignificant risk degree.
5. Planned actions of the state supervision (control) in the field of assessment of conformity to requirements of technical regulations are performed behind activities of the appointed conformity assessment bodies and acknowledged independent organizations with such frequency:
with high risk - is not more often than once in two years;
with average risk degree - is not more often than once in three years;
with insignificant risk degree - is not more often than once in five years.
6. If by results of planned and unplanned actions of the state supervision (control) (in the presence) within the last six years for the appointed conformity assessment bodies or acknowledged independent organizations which are carried to average risk degree and within the last ten years for the appointed conformity assessment bodies or acknowledged independent organizations which are carried to insignificant risk degree, the appointed conformity assessment body or acknowledged independent organization violations of requirements of the legislation on technical regulations and assessment of conformity are not revealed, the following planned event of the state supervision (control) concerning the similar appointed conformity assessment body or acknowledged independent organization is held not earlier than through the period of time established for the corresponding risk degree, increased in time 1,5.
to Criteria
Risks of approach of negative effects from implementation by the appointed conformity assessment bodies and acknowledged independent organizations of economic activity on assessment of conformity to requirements of technical regulations
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Purposes of the state supervision (control) (code) |
Risk of approach of negative effects from implementation of economic activity |
Criteria by which the risk degree from implementation of economic activity is estimated and frequency of implementation of planned actions of the state supervision (control) is determined | |
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event which contains risk of approach of negative effects |
negative effect | ||
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1. Life and health of the person (About 1) |
discrepancy to requirements to the appointed conformity assessment bodies or acknowledged independent organizations |
death of the person harm to health of the person |
the implementation term by the appointed conformity assessment bodies and |
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failure to carry out by the appointed conformity assessment bodies or acknowledged independent organizations of the obligations concerning their activities for assessment of conformity determined by the Law of Ukraine "About technical regulations and assessment of conformity" and the corresponding technical regulations |
-"- |
acknowledged independent organizations of economic activity on assessments of conformity to requirements of technical regulations |
|
|
failure to carry out by the appointed conformity assessment bodies or acknowledged independent organizations of the obligations on provision of information determined by the Law of Ukraine "About technical regulations and assessment of conformity" and the corresponding technical regulations |
-"- |
availability of violations by the appointed conformity assessment bodies and acknowledged independent organizations of requirements of the legislation on technical regulations and assessment of conformity |
|
|
|
|
availability of the appeals submitted in the appeal commission created by Ministry of Economics on decisions of the appointed conformity assessment bodies and acknowledged independent organizations |
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2. Proper product quality, works and services (the non-property benefits) (About 2) |
discrepancy to requirements to the appointed conformity assessment bodies or acknowledged independent organizations |
the moral harm done to the customer of assessment works of compliance |
the criteria specified in Item 1 are applied |
|
failure to carry out by the appointed conformity assessment bodies or acknowledged independent organizations of the obligations concerning their activities for assessment of conformity determined by the Law of Ukraine "About technical regulations and assessment of conformity" and the corresponding technical regulations |
-"- |
| |
|
|
failure to carry out by the appointed conformity assessment bodies or acknowledged independent organizations of the obligations on provision of information determined by the Law of Ukraine "About technical regulations and assessment of conformity" and the corresponding technical regulations |
the moral harm done to the customer of assessment works of compliance |
|
|
3. Proper product quality, works and services (the property benefits) (About 3) |
discrepancy to requirements to the appointed conformity assessment bodies or acknowledged independent organizations |
the losses caused to the producer (importer) or the authorized person, connected with reduction of products in compliance with the established requirements or its withdrawal from turnover |
the criteria specified in Item 1 are applied |
|
failure to carry out by the appointed conformity assessment bodies or acknowledged independent organizations of the obligations concerning their activities for assessment of conformity determined by the Law of Ukraine "About technical regulations and assessment of conformity" and the corresponding technical regulations |
-"- |
| |
|
|
failure to carry out by the appointed conformity assessment bodies or acknowledged independent organizations of the obligations on provision of information determined by the Law of Ukraine "About technical regulations and assessment of conformity" and the corresponding technical regulations |
the losses caused to the producer (importer) or the authorized person, connected with reduction of products in compliance with the established requirements or its withdrawal from turnover |
|
to Criteria
The list of criteria by which the risk degree from implementation by the appointed conformity assessment bodies and acknowledged independent organizations of economic activity on assessment of conformity to requirements of technical regulations, their indicators and the number of points on each indicator is estimated
|
Criteria by which the risk degree from implementation of economic activity is estimated and frequency of implementation of planned actions of the state supervision (control) is determined |
Indicators of criteria |
Number of points |
|
1. The implementation term by the appointed conformity assessment bodies and acknowledged independent organizations of economic activity on assessment of conformity to requirements of technical regulations |
less than one year |
21 |
|
from one to two years |
15 | |
|
more than two years |
10 | |
|
2. Availability of violations by the appointed conformity assessment bodies and acknowledged independent organizations of requirements of the legislation on technical regulations and assessment of conformity |
availability of the revealed violations by results of the previous action of the state supervision (control) of requirements of the legislation on technical regulations and assessment of conformity which became the basis for reducing the sphere of appointment or temporary suspension or cancellation of the certificate on appointment of the subject of managing by conformity assessment body or acknowledged independent organization |
41 |
|
availability of the revealed violations by results of the previous action of the state supervision (control) of requirements of the legislation on technical regulations and assessment of conformity which did not become the basis for restriction of the sphere of appointment or temporary suspension or cancellation of the decision on appointment of the subject of managing by conformity assessment body or acknowledged independent organization |
21 | |
|
within the last three years preceding planning period there are no violations of requirements of the legislation on technical regulations and assessment of conformity |
0 | |
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3. Availability of the appeals submitted in the appeal commission created by Ministry of Economics on decisions of the appointed conformity assessment bodies and acknowledged independent organizations |
within the last year the appeal commission formed by Ministry of Economics considers and supports more than one appeal on the decision of the appointed conformity assessment body or acknowledged independent organization according to procedure for consideration of appeals on decisions of the appointed conformity assessment bodies |
11 |
|
within the last year the appeal commission formed by Ministry of Economics considers and supports one appeal on the decision of the appointed conformity assessment body or acknowledged independent organization according to procedure for consideration of appeals on decisions of the appointed conformity assessment bodies |
10 | |
|
within the last year in the appeal commission created by Ministry of Economics did not arrive or appeals on the decision of the appointed conformity assessment body or acknowledged independent organization according to procedure for consideration of appeals on decisions of the appointed conformity assessment bodies were not supported |
0 |
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