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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 16, 2015 No. 1170

About approval of the Procedure of monitoring of compliance to requirements of national authority for accreditation and modification of item 4 of the Regulations on the Ministry of Economic Development and Trade of Ukraine

(as amended on 18-08-2021)

According to article 6-4 of the Law of Ukraine "About accreditation of conformity assessment bodies" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure of monitoring of compliance to requirements of national authority for accreditation which is applied.

2. Make change to item 4 of the Regulations on the Ministry of Economic Development and Trade of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 459 "Questions of the Ministry of Economic Development and Trade" (The Official Bulletin of Ukraine, 2014, No. 77, of the Art. 2183), having added subitem 101 with words", performs monitoring of compliance to requirements of national authority for accreditation".

Prime Minister of Ukraine

A. Yatsenyuk

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 16, 2015 , No. 1170

Procedure of monitoring of compliance to requirements of national authority for accreditation

1. This Procedure determines the procedure of implementation of monitoring of Ministry of Economics of compliance of the National agency on accreditation (further - the Agency) to requirements to national authority on accreditations and execution of the obligations established by the Law of Ukraine "About accreditation of conformity assessment bodies" by it for providing trust to results of accreditation of conformity assessment bodies (further - monitoring).

For determination of compliance of the Agency to requirements to national authority on accreditation, the stipulated in Clause 6-1 Law of Ukraine "About accreditation of conformity assessment bodies", the Ministry of Economics estimates and considers compliance to criteria of the Agency which are established by the national standard which is identical to the international standard ISO/IEC 17011 or the European EN ISO/IEC standard 17011, and cover relevant requirements.

2. Monitoring is performed according to plan and off-schedule.

Planned monitoring is performed every two years. The period which begins with the quarter following the last quarter of the period in which preliminary planned monitoring is performed and is considered planning period comes to an end quarter, preceding quarter in which the following planned monitoring will be performed.

Unplanned monitoring is performed in case of establishment of Ministry of Economics on analysis results of documentary confirmed information of the bases received from physical persons or legal entities to consider that the Agency does not meet the requirements to national authority for accreditation or does not fulfill the duties established by the Law of Ukraine "About accreditation of conformity assessment bodies".

Representation and consideration of such information from physical persons and legal entities is performed according to the legislation.

During implementation of unplanned monitoring only those questions which need of check became the basis for implementation of this action, with obligatory specifying of the following questions in the certificate (direction) on carrying out monitoring become clear.

For implementation of monitoring of Ministry of Economics issues the order in which provisions relatively are provided:

educations from among officials of Ministry of Economics of the commission on implementation of monitoring of the Agency (further - the commission);

approvals of the program of implementation of monitoring and term of its implementation.

Duration of planned monitoring shall not exceed 15 working days, and unplanned - 10 working days. In case of provision of documents and materials during implementation of monitoring with violation of the terms determined in the written request of the commission chairman according to Item 6 of this Procedure, the term of carrying out monitoring by the reasonable address of the commission chairman (insufficiency of time for comprehensive study of documents and materials which were out of time provided) it can be prolonged no more than for five working days by the relevant order of Ministry of Economics.

3. Based on the order the certificate (direction) on monitoring implementation which is signed by the First vice-Prime Minister of Ukraine - the Minister of Economic Affairs or his deputy according to distribution of obligations is drawn up and makes sure seal.

In the certificate (direction) are specified implementation of monitoring:

name and location of the Agency;

number and date of the order in pursuance of which monitoring is performed;

the list of officials who take part in monitoring implementation, with indication of their position, surname, name and middle name;

start date and end date of monitoring;

monitoring type (planned or unplanned);

questions which will be checked during monitoring (it is specified in case of implementation of unplanned monitoring);

the term of implementation of the previous monitoring (in case of its implementation).

The certificate (direction) is effective during monitoring implementation term.

4. The commission chairman shall:

1) after the publication of the order on monitoring implementation:

distribute between members of the commission of task according to the program of implementation of monitoring;

prior to monitoring to acquaint members of the commission with results of the previous planned monitoring and to results of mutual estimation from national authorities on accreditation of other states (in case of implementation of planned monitoring);

not later than 10 calendar days prior to monitoring to send the registered mail to the Agency the copy of the order on carrying out monitoring;

To report 2) in the first day of implementation of monitoring to the head of the Agency or person fulfilling its duties about powers of members of the commission when implementing monitoring, to coordinate terms of provision of the documents and materials necessary for implementation of monitoring and organizational matters on monitoring implementation;

3) when implementing monitoring:

not allow actions and acts which contradict business ethics;

accept from officials of the Agency oral and written notes, explanations on the questions arising when implementing monitoring;

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