of December 28, 2013 No. 412-FZ
About accreditation in national accreditation system
Accepted by the State Duma of the Russian Federation on December 23, 2013
Approved by Council of the Russian Federation on December 25, 2013
1. This Federal Law governs the relations arising between the participants of national accreditation system established by this Federal Law other persons in connection with implementation of accreditation in national accreditation system:
1) the legal entities, individual entrepreneurs performing assessment works of compliance (except for the works performed by public authorities on assessment of conformity, the works performed by certification bodies and test laboratories (centers) for confirmation of conformity of ocean ships and river crafts (except for small size vessels), the aircraft equipment, objects of civil aviation);
2) the legal entities, individual entrepreneurs involved by regulatory (supervising) authorities to implementation of control (supervising) actions for the purpose of the state control (supervision), municipal control;
3) experts, the expert organizations attracted by federal executive bodies when implementing separate powers, in particular:
a) the legal entities, individual entrepreneurs performing works and (or) rendering services in ensuring unity of measurements;
b) legal entities, individual entrepreneurs according to the Federal Law of March 30, 1999 No. 52-FZ "About sanitary and epidemiologic wellbeing of the population", the Federal Law of December 17, 1997 No. 149-FZ "About seed farming", the Town-planning code of the Russian Federation.
2. This Federal Law is also applied in case of the address of legal entities, the individual entrepreneurs performing assessment works of compliance and to ensuring unity of measurements concerning execution on voluntary basis of requirements, researches, testing and measurements with statements for accreditation in national accreditation system.
1. Accreditation of the organizations and divisions of the Armed Forces of the Russian Federation, other troops, military forming and bodies on accomplishment of checking of measuring instruments of military and special purpose, certification of standards of units of sizes and obligatory metrological examination of arms, the military and special equipment and technical documentation on them is performed by the federal executive bodies authorized in the field of defense and safety of the state, according to their competence according to the procedure, established by the Government of the Russian Federation.
2. The procedure for accreditation of legal entities on the right of conducting non-state examination of the project documentation and (or) non-state examination of results of engineering researches and the requirement to maintaining the state register of the legal entities accredited on the right of conducting non-state examination of the project documentation and (or) non-state examination of results of engineering researches is established by the legislation on town-planning activities.
3. The procedure for accreditation in the field of use of atomic energy is established by the legislation of the Russian Federation in the field of use of atomic energy.
4. Procedure for accreditation of certification bodies and test laboratories (centers) performing assessment works (confirmation) of compliance concerning the defense products (works, services) delivered according to the state defense order, products (works, services) used for the purpose of protection of the data which are the state secret or carried to other information of limited access, products (works, services) protected in accordance with the legislation of the Russian Federation, data on which are the state secret, is established by the Government of the Russian Federation.
5. Features of accreditation of the legal entities and individual entrepreneurs who are carrying out interlaboratory collation researches for the purpose of quality evaluation of the researches (testing) and measurements conducted by test laboratories (centers), regarding structure of the documents necessary for accreditation, and also evaluation procedure of compliance of the applicant to accreditation criterions are established by the Government of the Russian Federation.
6. The foreign organizations can be accredited in national accreditation system in the presence of the international treaty of the Russian Federation providing possibility of mutual accreditation of the applicants having state registration in the countries which are the parties of the international treaty. Features of accreditation of the foreign organizations are established by the Government of the Russian Federation if other is not established by international treaties of the Russian Federation.
7. Accreditation of the organizations performing classification of objects of the tourist industry is performed in accordance with the legislation of the Russian Federation about tourist activities.
8. The procedure for accreditation in the field of space activities is established by the legislation of the Russian Federation in the field of space activities.
1. The legislation of the Russian Federation on accreditation in national accreditation system consists of this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them.
2. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty of the Russian Federation.
3. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
For the purposes of this Federal Law the following basic concepts are used:
1) accreditation in national accreditation system (further also - accreditation) - the confirmation by national authority on accreditation of compliance of the legal entity or individual entrepreneur to accreditation criterions which is the official certificate of competence of the legal entity or individual entrepreneur to perform activities in certain area of accreditation;
1. 1) the scheme of accreditation - set of the rules and procedures applied in case of assessment of conformity of the applicant, accredited person to accreditation criterions in the corresponding field of activity within the declared or certain area of accreditation. The scheme of accreditation for field of activity of the applicant, accredited person is developed and accepted by national authority on accreditation;
2) the statement from the register of accredited persons (the certificate of accreditation) - the document created in the automatic mode by means of federal state information system in the field of accreditation and certifying accreditation in certain area of accreditation at the time of its forming;
3) certification of the expert in accreditation - confirmation of conformity of the physical person applying for receipt of the status of the expert in accreditation, the established federal executive body performing functions on development of state policy and normative legal regulation in the field of accreditation, to requirements (further - requirements to the expert in accreditation) and recognition of his competence to carry out expertizes of compliance of the applicant, accredited person to accreditation criterions in certain area of accreditation;
4) the applicant - the legal entity irrespective of form of business or the individual entrepreneur, the accreditations applying for obtaining;
5) accredited person - the legal entity irrespective of form of business or the individual entrepreneur, obtained accreditation according to the procedure, established present Federal by the law;
6) exit assessment of conformity of the applicant, accredited person to accreditation criterions (further also - exit assessment) - the actions including exit examination of compliance of the applicant, accredited person to accreditation criterions, and also offside events on assessment of conformity of the applicant, accredited person to accreditation criterions which are performed by officials of national authority on accreditation in the place or places of implementation by the applicant accredited by person of activities in the declared or certain area of accreditation and (or) in the territory of person having intention to sign the agreement with the applicant on performance of works and (or) rendering services, or person which signed the agreement with accredited person on performance of works and (or) rendering services (further - the offside events performed by officials of national authority on accreditation). In the cases determined by the Government of the Russian Federation exit assessment of conformity of the applicant, accredited person to accreditation criterions can remotely be carried out with use of means of remote interaction, including by means of audio-and video conferencings (further - remote assessment);
7) documentary assessment of conformity of the applicant, accredited person to accreditation criterions - set of the actions including examination provided by the applicant accredited by person of documents and data, performed by officials of national authority on accreditation of action for verification of the expert opinion provided by results of such examination or the appraisal certificate;
7. 1) witness assessment - the observation of accomplishment by the applicant accredited by person of works and (or) rendering services by them according to the declared or certain area of accreditation, performed by the expert group created by national authority on accreditation within exit examination of compliance of the applicant, accredited person to accreditation criterions and (or) officials of national authority on accreditation within the offside events performed by officials of national authority on accreditation. Witness assessment can be carried out in the place or places of implementation by the applicant accredited by person of activities in the declared or certain area of accreditation and (or) in the territory of person having intention to sign the agreement with the applicant on performance of works and (or) rendering services, or person which signed the agreement with accredited person on performance of works and (or) rendering services (further - the customer). In the cases determined by the Government of the Russian Federation, witness assessment can be carried out in the form of remote assessment;
8) accreditation criterions - set of requirements to which the applicant and accredited person when implementing activities in certain area of accreditation shall satisfy;
9) area of accreditation - field of activity of the legal entity or individual entrepreneur for which implementation the application is submitted and (or) which is determined in case of their accreditation or is expanded, reduced or staticized. The description of area of accreditation is performed according to the methodical recommendations approved by national authority on accreditation;
9. 1) updating of area of accreditation - the change of the description of area of accreditation performed at the initiative of accredited person within the procedure of confirmation of competence and (or) of other cases determined by national authority by accreditation, in connection with change of the description of separate elements of form of area of accreditation and (or) included in the area of accreditation of documents according to which accredited person performs works and (or) renders services in assessment of conformity (including in connection with the edition of such documents in the new edition or the edition of the documents replacing or supplementing the specified documents);
10) area of certification of the expert in accreditation - the field of activity of the expert in accreditation established in case of certification of the expert in accreditation;
11) area of specialization of the technical expert - field of activity in which the technical expert has special knowledge and which is determined by national authority by accreditation in case of inclusion of physical person in the register of technical experts;
12) national authority on accreditation - federal executive body, authorized to perform functions on accreditation in national accreditation system according to this Federal Law;
13) the expert organization - the legal entity performing functions on the organization of rendering to the applicant, accredited person of the services necessary and the state services, obligatory for provision, according to this Federal Law, and included in the register of the expert organizations;
14) the accreditation expert - the physical person certified in accordance with the established procedure by national authority for accreditation, attracted to the accreditation criterions specified by body for the organization and conducting examination of compliance of the applicant, accredited person in certain area of accreditation and included in the register of experts in accreditation;
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