ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 21, 2019 No. 300

About introduction of amendments to some acts of the Government of the Russian Federation

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to acts of the Government of the Russian Federation.

2. Determine that realization of the powers provided by this resolution is performed within the limiting Russian Federation established by the Government of the number of workers of federal executive bodies, and also budgetary appropriations provided in the federal budget to the specified bodies on management and management in the field of the established functions.

3. The subitem "b" of item 4 of the changes approved by this resolution becomes effective after 90 days from the date of official publication of this resolution.

Approved by the Order of the Government of Russian Federatsiiot on March 21, 2019 No. 300

Changes which are made to acts of the Government of the Russian Federation

1. In Regulations on the Ministry of Economic Development of the Russian Federation approved by the order of the Government of the Russian Federation of June 5, 2008 No. 437 "About the Ministry of Economic Development of the Russian Federation" (The Russian Federation Code, 2008, No. 24, Art. 2867; 2009, No. 3, Art. 378; No. 18, Art. 2257; No. 19, Art. 2344; No. 26, Art. 3190; No. 41, Art. 4777; 2010, No. 5, Art. 532; No. 9, Art. 960; No. 10, Art. 1085; No. 19, Art. 2324; No. 26, Art. 3350; No. 40, Art. 5068; No. 41, Art. 5240; No. 45, Art. 5860; No. 52, Art. 7104; 2011, No. 9, Art. 1251; No. 12, Art. 1640; No. 15, Art. 2131; No. 17, Art. 2411, 2424; No. 32, Art. 4834; No. 36, Art. 5149, 5151; No. 39, Art. 5485; No. 43, Art. 6079; No. 46, Art. 6527; 2012, No. 1, Art. 170; No. 13, Art. 1531; No. 19, Art. 2436, 2444; No. 27, Art. 3766; No. 39, Art. 5284; No. 51, Art. 7236; No. 52, Art. 7491; No. 53, Art. 7943; 2013, No. 5, Art. 391; No. 14, Art. 1705; No. 33, Art. 4386; No. 35, Art. 4514; No. 45, Art. 5822; No. 47, Art. 6120; No. 50, Art. 6606; No. 52, Art. 7217; 2014, No. 16, Art. 1900; No. 21, Art. 2712; No. 40, Art. 5426; No. 42, Art. 5757; No. 49, Art. 6957; No. 50, Art. 7100, 7123; 2015, No. 1, Art. 219; No. 6, Art. 965; No. 7, Art. 1046; No. 16, Art. 2388; No. 20, Art. 2920; No. 22, Art. 3230; No. 24, Art. 3479; No. 41, Art. 5671; No. 43, Art. 5977; No. 44, Art. 6140; No. 46, Art. 6377, 6388; 2016, No. 2, Art. 336; No. 5, Art. 697; No. 7, Art. 994; No. 17, Art. 2409, 2410; No. 23, Art. 3312; No. 31, Art. 5013; No. 35, Art. 5332; No. 50, Art. 7099, 7100; 2017, No. 5, Art. 800; No. 8, Art. 1258; No. 10, Art. 1498; No. 17, Art. 2569; No. 33, Art. 5205; No. 34, Art. 5276; No. 42, Art. 6168; No. 46, Art. 6790; No. 49, Art. 7468; 2018, No. 5, Art. 771; No. 6, Art. 881; No. 10, Art. 1508; No. 25, Art. 3696; No. 33, Art. 5434; No. 36, Art. 5624; No. 37, Art. 5762, No. 40, Art. 6136, No. 50, Art. 7764; 2019, No. 5, Art. 391; No. 9, Art. 838; with the changes made by the order of the Government of the Russian Federation of March 9, 2019 No. 258):

a) subitem 5.2.28 (to state 127) in the following edition:

"5.2.28 (127). the list of cases in case of which in structure of expert group the accreditation expert and (or) technical experts for whom subordinated to national authority on accreditation the federal state institution is principle place of employment are subject to obligatory inclusion or with which it performs interaction according to part 8 of article 14 of the Federal law "About Accreditation in National Accreditation System";";

b) in subitem 5.2.28 (128) words "statements for issue of the certificate of accreditation on paper, statements for issue of the duplicate of the certificate of accreditation," to exclude;

c) subitem 5.2.28 (to state 133) in the following edition:

"5.2.28 (133). images of sign of national accreditation system (including in combination with signs of the international organizations for accreditation), and also procedure for their application;";

d) subitem 5.2.28 (to state 148) in the following edition:

"5.2.28 (148). the list of discrepancies of the applicant to accreditation criterions which when implementing accreditation involve refusal in accreditation, and also the list of discrepancies of accredited person to requirements of the legislation of the Russian Federation to activities of the accredited persons involving accreditation action suspension;";

e) add with subitems 5.2.28 (216) - 5.2.28(219) following contents:

"5.2.28 (216). procedure for forming and maintaining the register of the certificates of conformity issued by persons accredited according to provisions of article 24.1 of the Federal law "About Accreditation in National Accreditation System" on the objects which underwent voluntary certification, including the amount of the payment levied from accredited faces for entering of data into the specified register, provision of the data containing in it;

5.2.28 (217). order of interaction of national authority on accreditation and federal state institution subordinated to it when implementing accreditation according to article 24.1 of the Federal law "About Accreditation in National Accreditation System", procedure for acceptance by national authority on accreditation of decisions on accreditation, about accreditation action suspension, accreditation cancellation, expansion of area of accreditation, and also about reducing area of accreditation;

5.2.28 (218). the procedure for the agreement signature specified regarding the 4th article 24.1 of the Federal law "About Accreditation in National Accreditation System", including the refusal bases in agreement signature, contents of the specified agreement, the bases and procedure for termination of the specified agreement;

5.2.28 (219). cases, procedure and the amount of collection subordinated to national authority on accreditation of payment by federal state institution from applicants, accredited persons for entering of data into registers of the certificates of conformity issued by accredited persons, other documents on assessment of conformity issued by accredited persons, into registers of declarations of conformity, including into national part of the Unified register of the issued certificates of conformity and the registered declarations of conformity of the Eurasian Economic Union, and provision of data from the specified registers, and also for registration of declarations of conformity in registers of declarations of conformity, including in national part of the specified Unified register;".

2. In the Regulations on Federal Accreditation Service approved by the order of the Government of the Russian Federation of October 17, 2011 No. 845 "About Federal Accreditation Service" (The Russian Federation Code, 2011, No. 43, Art. 6079; 2012, No. 27, Art. 3766; 2013, No. 45, Art. 5822; No. 51, Art. 6880; 2014, No. 21, Art. 2712; No. 49, Art. 6957; 2015, No. 1, Art. 219; No. 2, Art. 491):

a) "territorial authorities" to add item 4 after words with the words "and subordinated organizations";

b) state subitem 5.1.2 in the following edition:

"5.1.2. the organization of forming and maintaining, and in the cases provided by the Federal Laws, forming and maintaining:";

c) declare subitem 5.1.5 invalid;

d) state subitem 5.1.6 in the following edition:

"5.1.6. organization of works on registration of declarations of conformity;";

e) state subitem 5.1.17 in the following edition:

"5.1.17. the organization of issue of forms of certificates of conformity, and in the cases provided by the Federal Laws, issue of forms of certificates of conformity;";

e) add with subitem 5.10 (1) the following content:

"5.10 (1). will organize the congresses, conferences, seminars, exhibitions and other actions in the established field of activity;".

3. In Regulations on approval of aggregate terms of implementation of accreditation and the procedure of confirmation of competence of accredited face, including aggregate terms of carrying out documentary assessment of conformity of the applicant, accredited person to accreditation criterions and aggregate terms of carrying out exit assessment of conformity of the applicant, accredited person to accreditation criterions, and also terms of separate ministerial procedures when implementing accreditation and the procedure of confirmation of competence of accredited person approved by the order of the Government of the Russian Federation of June 5, 2014 No. 519 "About approval of aggregate terms of implementation of accreditation and the procedure of confirmation of competence of accredited face, including aggregate terms of carrying out documentary assessment of conformity of the applicant, accredited person to accreditation criterions and aggregate terms of carrying out exit assessment of conformity of the applicant, accredited person to accreditation criterions and also terms of separate ministerial procedures when implementing accreditation and the procedure of confirmation of competence of accredited person" (The Russian Federation Code, 2014, No. 24, Art. 3094; 2016, No. 52, Art. 7632):

a) add Item 3 with paragraphs of the following content:

"In case of violation by the expert in accreditation of the terms of preparation and approval of the expert opinion, act of exit examination established by parts 15 and 25 of article 17 of the Federal Law, and also signing of the document containing the description of area of accreditation, aggregate term of implementation of accreditation, stipulated in Item 2 this provision increases by the term for which the accreditation expert exceeds the specified terms.

If decision making according to parts 28 and 30 of article 17 of the Federal Law requires carrying out additional consideration of materials, receipt of explanations from expert group and replies to the requests, including because of availability of the signs testimonial of submission of obviously false and (or) doubtful documents confirming the applicant's compliance to accreditation criterions and also about the provided expert group of obviously false and (or) doubtful expert opinion, act of exit examination or the document containing the description of area of accreditation, or the conclusion about assessment of elimination by the applicant of the revealed discrepancies to accreditation criterions, aggregate term of implementation of accreditation increases by 20 working days.";

b) in Item 5:

shall be replaced with words the words "within 10 working days" "within 20 working days";

shall be replaced with words the words "for 10 working days" "for 20 working days";

c) in Item 6:

declare the subitem "b" invalid;

in the subitem "v":

to state paragraphs of the first and second in the following edition:

"c) aggregate term of carrying out documentary and exit assessment of conformity of accredited person to accreditation criterions - 65 working days from the date of completion of the actions provided by the subitem "an" of this Item about day of completion of verification of the appraisal certificate by Federal Accreditation Service according to part 19 of article 24 of the Federal Law. This term including includes:

the term of preparation and approval by Federal Accreditation Service of the program of exit assessment, and also its direction to accredited person constituting 5 working days from the date of the direction of information on statement of structure of expert group to accredited person;";

in paragraph three of figure "17" to replace with figures "40";

d) in Item 8:

the paragraph one after words of "appraisal certificate" to add with words ", and also signings of the document containing the description of area of accreditation";

add with the paragraph of the following content:

"If decision making according to part 19 of article 24 of the Federal Law requires carrying out additional consideration of materials, receipt of explanations from expert group and replies to the requests, including because of availability of the signs testimonial of submission of obviously false and (or) doubtful documents confirming compliance of accredited person to accreditation criterions, and also about obviously false and (or) doubtful provided by expert group of the appraisal certificate or document containing the description of area of accreditation, aggregate term of confirmation of competence increases by 20 working days.".

4. In Rules of forming and maintaining the register of accredited persons, the register of experts in accreditation, the register of technical experts, the register of the expert organizations and provision of data from the specified registers approved by the order of the Government of the Russian Federation of July 1, 2014 No. 604 "About approval of Rules of forming and maintaining the register of accredited faces, the register of experts in accreditation, the register of technical experts, the register of the expert organizations and provision of data from the specified registers" (The Russian Federation Code, 2014, No. 28, the Art. 4051):

a) in Item 8:

in the subitem "a":

the paragraph third after words" (if is available)" to add with words ", the insurance number of the individual ledger account";

add with the paragraph of the following content:

"the website address on the Internet (for certification bodies, bodies of inspectorate, the legal entities and individual entrepreneurs who are carrying out interlaboratory collation researches);";

state the subitem "g" in the following edition:

"d) unique number of record about accreditation in the register of accredited persons;";

declare the subitem "e" invalid;

add with the subitem "o" of the following content:

"o) surname, name and middle name (if is available), the insurance number of the individual ledger account of the workers of accredited person performing assessment works of compliance and to ensuring unity of measurements.";

b) add with Item 9 (1) the following content:

"9(1). The data provided by subitems "d" and "o" of Item 8 of these rules are introduced by Federal Accreditation Service by means of federal state information system in the field of accreditation in the register of accredited persons based on the information about accredited person represented by the accreditation expert to Service by results of exit examination of compliance of accredited person to accreditation criterions.";

c) in Item 10:

"paragraphs the second - the fourth" shall be replaced with words words "paragraphs the second - the fifth";

add with the paragraph of the following content:

"Change of the data provided by the subitem "o" of Item 8 of these rules is performed by Federal Accreditation Service based on the data provided by accredited person by means of federal state information system in the field of accreditation.";

d) to add the subitem "an" of Item 11 with words ", the insurance number of the individual ledger account";

e) to add the subitem "an" of Item 14 with words ", the insurance number of the individual ledger account";

e) to recognize subitems "b" and "v" of Item 20 and Item 21 invalid.

5. In Regulations on the federal state control of activities of accredited persons approved by the order of the Government of the Russian Federation of March 30, 2017 No. 360 "About federal state control of activities of accredited persons" (The Russian Federation Code, 2017, No. 15, the Art. 2197):

a) in Item 7:

state subitems "b" and "v" in the following edition:

"b) freely in case of presentation of the official ID and copy of the order on conducting exit check to visit the territory, buildings, constructions and rooms used by accredited person for performance of works and (or) rendering services according to area of accreditation, to get access to the used accredited person according to area of accreditation to the equipment, substances and materials;

c) request and receive from the head and workers of accredited person all documents (information), including properly verified copies of such documents, necessary for goal achievement of actions for the state control (taking into account the restrictions set by the legislation of the Russian Federation), and also to demand from the head and workers of accredited person written and (or) oral explanations on the questions arising during conducting check including concerning knowledge and observance by workers of accredited person of accreditation criterions, rules of performance of works on assessment of conformity, requirements of quality management system of accredited person, including by holding interview, in test form, form of accomplishment of practical task and other forms;";

add with the subitem е (1) the following content:

"е (1)) to carry out assessment of skills of workers of accredited person on performance of works according to area of accreditation according to quality management system, including by assessment of availability of skills at specified persons during the work with the equipment, substances and materials;";

b) add Item 13 with paragraphs of the following content:

"Federal Accreditation Service in cases and on the bases provided by the Federal Laws, the specified person having the right to perform activities of the legal entity (individual entrepreneur) whose accreditation on start date of conducting check or before its completion was stopped if subject of check is observance by such person during action of its accreditation in national accreditation system of mandatory requirements to performance of works on certification and (or) carrying out researches (testing) and measurements for the purpose of obligatory confirmation of conformity of products and does not cancel the results of its activities as accredited person which are check subject and (or) the term of involvement of the legal entity (individual entrepreneur) to the administrative responsibility for violation of requirements of the legislation of the Russian Federation to activities of accredited persons did not expire. If during such check violations in case of issue of documents on assessment of conformity are revealed, the national authority on accreditation issues the instruction about cancellation of the corresponding results of activities of accredited person.

The Federal Accreditation Service enters into federal state information system in the field of accreditation, registers of certificates of conformity and registers of declarations of conformity information on the issued instructions on cancellation of the corresponding results of activities of accredited person with transfer of data on the corresponding results of activities of accredited person in archive part of the register if at the time of adoption of such decision accreditation of the legal entity (individual entrepreneur) is stopped and the legal entity (individual entrepreneur) the instruction about cancellation of results of the activities as accredited person was not performed or accreditation of the legal entity (individual entrepreneur) was stopped according to Item 5 of part 3 of article 27 of the Federal law "About Accreditation in National Accreditation System". The liability for damages, caused to the third parties by such decision (also if after adoption of such decision it will be determined that assessment works of compliance were carried out according to qualifying standards), is assigned to person which did not perform the instruction about cancellation of the corresponding results of activities of accredited person (if such instruction before adoption of the specified decision was not acknowledged as illegal court or is disputed in the procedure established by the law and cancelled) and made the actions (failure to act) which entailed impossibility of conducting check.

In case of impossibility of conducting check by Federal Accreditation Service and in the presence of data that information on results of activities of accredited person was entered by it into federal state information system in the field of accreditation, registers of certificates of conformity and registers of declarations of conformity without the actual carrying out all or part of assessment works of compliance or with abuse of regulations of their carrying out the Service makes the decision on transfer of data on the corresponding results of activities of accredited person in archive part of the register on person who is earlier accredited in national accreditation system. If the period in which information on results of activities of accredited person was entered by it in registers of certificates of conformity and registers of declarations of conformity without the actual carrying out all or part of assessment works of compliance or with abuse of regulations of their carrying out, authentically it is impossible to establish, in archive part of the register data for the period, equal are translated to one year from acceptance date of the relevant decision.";

c) Item 14 after the word "belong" to add with the words "including";

d) add Item 15 with words ", the head of its territorial authority";

e) state Item 16 in the following edition:

"16. The organization subordinated to Federal Accreditation Service, and also experts, expert and other organizations is involved in holding the actions for the state control performed without interaction with accredited persons.";

e) add with Item 16 (1) the following content:

"16(1). The national authority on accreditation involves federal state institution subordinated to it in implementation of observation of observance by accredited persons of requirements of the legislation of the Russian Federation to activities of accredited persons.".

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info