of April 21, 2010 No. 99
About approval of Methodical recommendations about forming and refining of Programs of development of technical regulations, Recommendations about development of technical regulations, establishment of forms of assessment of conformity
For the purpose of implementation of the Law of the Kyrgyz Republic "About bases of technical regulation in the Kyrgyz Republic" I order:
1. Approve the enclosed Methodical recommendations about forming and refining of the Program of development of technical regulations.
2. Approve the enclosed Recommendations about development of technical regulations, to establishment of forms of assessment of conformity.
3. To management of technical regulation and ensuring unity of measurements to bring these Methodical recommendations about forming and refining of the Program of development of technical regulations, Recommendations about development of technical regulations, to establishment of forms of assessment of conformity to developers of technical regulations.
4. To department of clerical work and control to bring this order to the attention of management of technical regulation and ensuring unity of measurements.
5. Declare invalid the Order of the Ministry of Economic Development and Trade of the Kyrgyz Republic of April 13, 2009 No. 67.
6. To impose control over execution of this order on the deputy minister Ukulov K. M.
Acting Minister Zh. Bayguttiyev
Approved by the order of the Ministry of Economic Development and Trade of the Kyrgyz Republic of April 13, 2009 No. 67
These Methodical recommendations are developed according to the Law "About Bases of Technical Regulation in the Kyrgyz Republic" (further - the Law) and are recommended for application of the executive authority by state bodies, physical persons and legal entities for the purpose of enhancement of works on forming and refining of the Program of development of technical regulations (daleeprogramm) and providing opportunities of its realization.
These Methodical recommendations establish the principles of development of offers on forming and refining of the Program, their analysis, selection and forming of the project of amendments of the Program in republic scales, including initiative project developments of technical regulations.
These Methodical recommendations offer the approach allowing to consider all factors which influence forming and refining of the Program including:
- provided by the Law;
- state priorities;
- priorities of industries and fields of activity;
- international and acknowledged regulations and rules.
Offers on forming and refining of the Program are aimed at providing the greatest possible level of safety taking into account compliance of technical regulation to interests of national economy, and also to the international standards and rules.
Offers on forming and refining of the Program can belong to:
- to entering into the Program of new drafts of technical regulations;
- to exception of the Program of separate drafts of technical regulations;
- to change of names of separate drafts of technical regulations;
- to change of subject domains and (or) lists of objects of technical regulation (further - OTP) separate drafts of technical regulations;
- to adjustment of safety requirements, forms and methods of assessment and confirmation of conformity and others provision of separate drafts of technical regulations;
- to consolidation and (or) separation of separate drafts of technical regulations or different combinations of the listed options.
In case of development of offers on forming and refining of the Program the provision of item 2 of Art. 6 of the Law establishing the list of general technical regulations which can be changed according to the current legislation by introduction of amendments to the Law is considered. According to the list, general technical regulations are accepted on questions: safe operation and utilization of machines and equipment, safety of construction of buildings and constructions, fire safety, biological safety, electromagnetic compatibility, ecological safety, nuclear and radiation safety, etc. Therefore offers on refining and change of the list of general technical regulations cannot be included in the Program.
The offers on forming and refining of the Program relating to drafts of special technical regulations are developed taking into account ensuring necessary general level of safety in all industries and fields of activity to which their subject domains, and also taking into account the factors listed in the Section of 3 presents of Methodical recommendations belong. At the same time it must be kept in mind provision of Art. 6 of the law according to which special technical regulations establish requirements only to those separate types of products, to production processes, operation, storages, transportations, realization and utilizations concerning which the purposes determined by the Law for adoption of technical regulations are not provided with requirements of general technical regulations.
Special technical regulations establish requirements only to those separate types of products, to production processes, operation, storages, transportations, realization and utilizations concerning which the risk degree of damnification is higher than the risk degree considered by the general technical regulation.
By preparation of offers on forming and refining of the Program for the purpose of non-admission of decrease in the reached safety level in industries and fields of activity it is recommended to systematize regulatory legal acts and other relevant documents which are effective regarding safety requirements according to item 1 of Art. 44 of the Law, and then to carry out monitoring and target systems analysis of the requirements containing in them.
On the basis of these results of monitoring it is recommended:
1) to Determine the level of safety of OTP provided with the existing requirements in each industry or field of activity;
2) to Compare the safety level realized in industries and fields of activity to international and acknowledged regulations and rules.
Accomplishment of recommendations of subitems 1) and 2) will allow to determine the level of counting which can be taken as basis for further work on forming and refining of the Program.
Forming and refining of the Program is performed on the basis of the multicriteria assessment considering major factors which need to be taken into account, including:
- results of risk assessment of objects of technical regulation;
- the established priorities of economic, political and social development;
- need of updating of the existing safety requirements;
- interests of national economy;
- technological level;
- harmonization level with the international standards and rules.
Priority of any offer when forming or refining the Program is recommended to be determined on the basis of the offered multicriteria assessment considering set of the major factors and condition determining the choice. In case of availability of special conditions in any industry or field of activity, the specified set can be expanded.
Forming of components of multicriteria assessment is recommended to be begun with danger determination. In each industry or field of activity everything OTP are ranged on danger level taking into account all stages of the lifecycle.
The subject domains of OTP ranged thus are recommended to be estimated on set of major factors.
The final decision on inclusion of this or that draft of the technical regulation in the Program is made on the basis of comparison of overall assessments of each offer. In more detail carrying out estimates on different factors is considered in Sections 4-11 of these Methodical recommendations.
The solution of tasks on forming and refining of the Program can be divided into two stages.
At the first stage the existing safety level which is implemented for the account of the requirements existing according to item 1 of Art. 44 of the Law now is provided.
At the second stage due to updating of the existing requirements and realization, constantly extending safety opportunities, in case of each refining already reached level increases.
For forming and refining of the Program it is recommended to consider all objects of technical regulation which constitute danger in each industry or field of activity and to range them on danger degree. That is objects in industries or fields of activity are distributed on risk degree which characterizes their potential danger. As basis of forming of subject domains in industries and fields of activity serves the analysis of the regulatory legal acts and other documents containing safety requirements.
Note: When implementing risk assessment we recommend to use the Methodical recommendations about development and preparation for adoption of drafts of technical regulations approved by the order of the Ministry of Industry and Energy of the Russian Federation of April 12, 2006 No. 78.
After evaluating risk for OTP from which it is necessary to provide protection and which constitute subject domains of future drafts of the regulations entering all industries and fields of activity these subject domains can be ranged on the level of their danger.
For check of correctness of the made theoretical estimates it is recommended to carry out the analysis of statistics of real manifestations of all dangerous factors characteristic of this type (type) of objects of technical regulation and to compare to the received results.
For carrying out the analysis of statistical data about the occurred cases of realization of dangers of OTP it is recommended to use domestic and similar foreign data which shall be appropriately adapted to our conditions.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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