of May 17, 2001 No. 2406-III
About confirmation of conformity
This Law determines legal and organizational basis of confirmation of conformity of products, quality systems, quality management systems, systems of ecological management, personnel and is aimed at providing single state technical policy in the sphere of confirmation of conformity.
In this Law terms are used in the following value:
products - any product, process or the service produced, performed or rendered for satisfaction of public requirements;
producer - legal entity or physical person - the subject of business activity, responsible for designing, production, packaging and marking of products irrespective of, the specified transactions by this person or from his name are carried out;
the quality system - set of the interconnected and interacting elements of organizational structure, certain mechanisms of responsibility, powers and procedures of the organization, and also the processes and resources providing implementation of the common directorship with quality and its compliance to the established requirements;
quality management system - set of the bodies and objects of management interacting by means of material and information means in case of product quality control;
system of ecological management - set of organizational structure, activities and appropriate resources and methods for forming, implementation, the analysis and updating of environmental policy;
the supplier - legal entity or physical person - the subject of business activity which introduces products into circulation or directly takes part in it;
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;
declaring of compliance - the procedure by means of which the producer or person authorized by it (further - the producer) under the complete responsibility documentary certifies that products meet the requirements established by the legislation;
certification - the procedure by means of which the body recognized in accordance with the established procedure documentary certifies compliance of products, quality systems, quality management systems, systems of ecological management, personnel to the requirements established by the legislation;
test laboratory - laboratory which performs the technical transactions consisting in determination of one or several characteristics of these products according to the established procedure;
the certificate of conformity - the document, confirmatory that products, quality systems, quality management systems, systems of ecological management, personnel meet the established requirements of the specific standard or other regulating document determined by the legislation. "Certificate of conformity" in this Law is also understood the certificate of approval like means of the measuring equipment as the term;
the declaration of conformity - the application of the producer which is documentary issued in accordance with the established procedure where products compliance guarantee to the requirements established by the legislation is provided;
the auditor on certification - person who has the corresponding qualification, the theoretical and practical preparation necessary for carrying out one or several work types on certification is certified in accordance with the established procedure and entered in the corresponding register;
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 processes or methods of production, and also the requirement to services connected with it, 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;
the certificate on recognition of compliance - the document certifying recognition of foreign documents on confirmation of conformity of products to the requirements established by the legislation of Ukraine;
introduction of products in the address - production or import to customs area of Ukraine of products with the subsequent independent or mediated its realization in the territory of Ukraine;
legislatively regulated sphere - the sphere in which requirements to products and conditions of its introduction in the address are regulated by the legislation;
legislatively non-regulated sphere - the sphere in which requirements to products and conditions of its introduction in the address are not regulated by the legislation;
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 - the body determined by this Law to appoint conformity assessment bodies, to temporarily stop or cancel their appointment or to cancel temporary cancellation of their appointment;
assessment of conformity - process which shows that the established requirements concerning products, process, service, systems, person or body were executed;
appointment - provision by the body determined by this Law, to conformity assessment body of the right to carry out certain activities for assessment of conformity to requirements of technical regulations;
assessment procedure of compliance - any procedure which is directly or mediately used for determination of whether the established requirements in the corresponding technical regulations or standards are fulfilled. Assessment procedures of compliance include procedures of sampling, testing, control, assessment, check, registration, accreditation and approval, and also their combination.
This Law the system of ecological management, personnel to the requirements established by the legislation of Ukraine governs the relations arising in the course of confirmation of conformity of products, quality systems, quality management systems and extends to producers and product suppliers irrespective of pattern of ownership and types of activity, to certification bodies, test laboratories, and also the relevant state bodies.
The legislation of Ukraine in the sphere of confirmation compliance consists of this Law and other regulatory legal acts governing the relations in this sphere.
According to this Law objects of confirmation of conformity are products, quality systems, quality management systems, system of ecological management, personnel.
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