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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

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 is determined

(as amended on 18-08-2021)

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) of development of economy by the Ministry, trade and agricultural industry which are applied is determined.

2. Recognize invalid:

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

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 is determined

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.

Appendix 1

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

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

event which contains risk of approach of negative effects

negative effect

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