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FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 28, 2013 No. 412-FZ

About accreditation in national accreditation system

(as amended on 29-07-2018)

Accepted by the State Duma of the Russian Federation on December 23, 2013

Approved by Council of the Russian Federation on December 25, 2013

Chapter 1. General provisions

Article 1. Coverage of this Federal Law

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 bodies, authorized bodies of municipal control to holding actions for 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.

Article 2. Procedure and features of accreditation in separate fields of activity

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.

Article 3. The legislation of the Russian Federation on accreditation in national accreditation system

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.

Article 4. The basic concepts used in this Federal 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;

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 - set of the actions including exit examination of compliance of the applicant, accredited person to accreditation criterions, performed by officials of national authority on accreditation of action for assessment of conformity of the applicant, accredited person to accreditation criterions in the place or places of implementation of activities by them in the field of accreditation;

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;

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;

15) examination provided by the applicant accredited by person of documents and data - set of the actions for the analysis provided by the applicant accredited by person of documents and data on compliance to accreditation criterions which are carried out by the expert group created by national authority on accreditation during assessment of conformity of the applicant, accredited person to accreditation criterions and by results of which carrying out the expert opinion is drawn up;

16) exit examination of compliance of the applicant, accredited person to accreditation criterions - set of actions for inspection of the applicant, accredited person in the place or places of implementation of activities by them in the field of accreditation which are carried out by the expert group created by national authority on accreditation during assessment of conformity of the applicant, accredited person to accreditation criterions and by results of which carrying out the statement of exit examination or the appraisal certificate is drawn up;

17) the technical expert - the physical person which has special knowledge in certain area of accreditation corresponds 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 technical expert), is attracted by national authority on accreditation for participation in examination of compliance of the applicant, accredited person to accreditation criterions in certain area of accreditation and is included in the register of technical experts;

18) sign of national accreditation system - the symbol given by national authority on accreditation and testimonial of accreditation in national accreditation system of the legal entity or individual entrepreneur, it applying.

Article 5. Purposes and principles of accreditation

1. Accreditation in national accreditation system is performed for the purpose of providing trust to results of assessment of conformity and creation of conditions for mutual recognition by the states - trading partners of the Russian Federation of results of assessment of conformity.

2. Accreditation is performed on the basis of the following principles:

1) implementation of powers on accreditation by national authority on accreditation;

2) competence of national authority on accreditation;

3) independence of national authority on accreditation;

4) impartiality;

5) voluntariness;

6) openness and availability of rules of accreditation;

7) inadmissibility of combination by national authority on accreditation of powers on accreditation and powers on assessment of conformity and ensuring unity of measurements;

8) unity of rules of accreditation and providing equal conditions to applicants;

9) ensuring confidentiality of the data received in the course of implementation of accreditation and components the state, commercial, protected by the law other secrecy, and use of such data only for the purpose of for which they are provided;

10) inadmissibility of restriction of the competition and creation of obstacles for use of services of accredited persons;

11) ensuring unity of economic space in the territory of the Russian Federation, inadmissibility of establishment of limits of action of accreditation in the separate territories and for certain business entities.

Chapter 2. Participants of national accreditation system

Article 6. List of participants of national accreditation system

The national accreditation system includes the following participants:

1) the federal executive body performing functions on development of state policy and normative legal regulation in the field of accreditation;

2) national authority on accreditation;

3) public council on accreditation;

4) commission on appeals;

5) accreditation experts, technical experts;

6) accredited persons;

7) expert organizations.

Article 7. The federal executive body performing functions on development of state policy and normative legal regulation in the field of accreditation

Treat powers of the federal executive body performing functions on development of state policy and normative legal regulation in the field of accreditation:

1) approval of accreditation criterions and the list of the documents confirming compliance of the applicant, accredited person to accreditation criterions (in coordination with the interested federal executive bodies);

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