Technical regulation and standardization. Standardization and technical regulations

Kardashev I.P., Head of the Department of Technical Policy and Regulation of the Committee for State Construction Supervision of the City of Moscow

The adoption of the Law on Technical Regulation was due to three main factors:
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implementation of a new state policy that ensures the integration of the country into world economy;
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Russia's preparations for joining the World Trade Organization (WTO) and the need to eliminate contradictions with the provisions of the WTO Agreement on Technical Barriers to Trade;
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carrying out an administrative reform that will significantly transform the system government controlled and delimiting the powers of bodies executive power.

These factors necessitated the adoption of measures to reform the current regulatory and legal framework (including the harmonization of domestic and international standards), as well as the creation of a system technical regulation, which allows to ensure the participation in standardization work of both the state and users of standards. The principal directions of such reform are determined by the Law on Technical Regulation, which, taking into account the changes introduced by federal laws No. 45-FZ dated 09.05.2005 and No. 65-FZ dated 01.05.2007, regulates relations arising in the development, adoption, application and execution of requirements to products, production processes, design, construction, installation, adjustment, operation, storage, transportation, sale and disposal, performance of work and provision of services.

The effect of the Law on technical regulation does not apply to socio-economic, organizational, sanitary and hygienic, medical and preventive, rehabilitation measures in the field of labor protection, state educational standards, regulations (standards) on accounting and rules (standards) of auditing, emission standards valuable papers and their prospectuses. The scope of this law does not include processes related to the application of measures to prevent the occurrence and spread of mass infectious diseases human, the prevention of human diseases, the provision of medical care(except for cases of development, adoption and implementation of mandatory requirements for medicines, medical equipment and food products), soil protection, atmospheric air, water bodies resorts and water bodies classified as places of tourism and mass recreation.

The Law on Technical Regulation clearly separates the areas of regulation that are under the jurisdiction of the state power and developing on a voluntary basis.

The first of them is regulated by means of technical regulations - documents that establish mandatory requirements for the application and execution of requirements for objects of technical regulation and are applied in order to protect the life or health of citizens, property of individuals or legal entities, state or municipal property, protection environment, life or health of animals and plants, prevention of actions that mislead purchasers.

The second area is through the establishment and adoption on a voluntary basis of the requirements included in standards and other documents in the field of standardization ( national standards, standards of organizations, standardization rules, norms and recommendations in the field of standardization, applied in the established order of classification, all-Russian classifiers of technical, economic and social information, sets of rules).

The creation of a system of technical regulation is carried out in two directions: the development of technical regulations and the creation of a social infrastructure for technical regulation. The formation of such a system takes into account international experience, the main trends in technical regulation in other countries, documents prepared within the framework of the European Economic Community (EEC), the Common Economic Space (SES), the Eurasian-Asian Economic Union (EurAsEC) and the Commonwealth of Independent States (CIS). ).

The most important article of the Law on Technical Regulation is Article 46, which defines the concept of a transitional period. In accordance with the provisions of this article, before the entry into force of the relevant technical regulations, the requirements for products and related processes of design (including surveys), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal established by regulatory legal acts Russian Federation and regulatory documents federal bodies executive power, subject to binding only in the part corresponding to the purposes of adoption of technical regulations determined by this law.

The main elements of the technical regulation system are technical regulations, standards, state control(supervision), conformity assessment procedures, accreditation, testing and registration.

Technical regulations establish mandatory for the application and execution of minimum necessary requirements, ensuring the safety of radiation, biological safety, explosion safety, mechanical safety, fire safety, industrial safety, thermal safety, chemical safety, electrical safety, nuclear and radiation safety, electromagnetic compatibility in terms of ensuring the safety of instruments and equipment, uniformity of measurements and other types of safety that ensure the achievement of the goals established by law for the adoption of regulations.

Technical regulations are accepted international treaty of the Russian Federation, ratified in the manner prescribed by the legislation of the Russian Federation, or by an intergovernmental agreement concluded in the manner established by the legislation of the Russian Federation, or by a federal law, or by a decree of the President of the Russian Federation, or by a decree of the Government of the Russian Federation. Technical regulations adopted by federal laws or decrees of the Government of the Russian Federation shall enter into force not earlier than six months from the date of its official publication.

Article 9 of the Law on Technical Regulation defines the procedure for developing, adopting, amending and canceling technical regulations, as well as a list of 17 priority technical regulations to be adopted before 2010. This list is formed taking into account similar existing documents of the European Union, draft technical regulations developed in the Russian Federation and planned for development within the CIS and EurAsEC, and includes technical regulations on the safety of machinery and equipment, low-voltage equipment, building materials and products, buildings and structures, medicines, elevators, power stations and networks operating under overpressure equipment, wheeled Vehicle, medical products, funds personal protection, chemical products, food products gaseous fueled apparatus, equipment for use in explosive environments, packaging and electromagnetic compatibility. According to Part 8 of Article 7 of the Law on Technical Regulation, international standards must be used in full or in part as a basis for the development of draft technical regulations.

In order to implement the provisions of the Law on Technical Regulation, the Government of the Russian Federation issued Decree No. 486 dated August 2, 2005 “On Amending and Recognizing as Invalid Certain Decrees of the Government of the Russian Federation on Technical Regulation Issues” and approved a program for the development of technical regulations (Decrees of the Government of the Russian Federation dated November 6, 2004 No. 1421-r, No. 1889-r of November 8, 2005, No. 781-r of May 29, 2006, No. 1930-r of December 28, 2007).

Funding for the development of technical regulations included in the program, as well as control and coordination of the activities of federal executive authorities and organizations for the implementation of the program, is provided by the Ministry of Industry and Energy of the Russian Federation (Minpromenergo). In accordance with Decree of the Government of the Russian Federation No. 284 dated June 16, 2004, the Ministry of Industry and Energy, within its competence, performs the functions of a federal body for technical regulation. At the same time, the functions of the national body for standardization in the manner determined by the federal body for technical regulation, in accordance with the Decree of the Government of the Russian Federation of June 17, 2004 No. 294, are carried out by the Federal Agency for Technical Regulation and Metrology (Rostekhregulirovanie), which is under the jurisdiction of the Ministry of Industry and Energy.

Examination of draft technical regulations and preparation of relevant conclusions are carried out by expert commissions of the Ministry of Industry and Energy, created and functioning in accordance with the Decree of the Government of the Russian Federation of August 21, 2003 No. 513 “On approval of the regulation on the creation and activities of expert commissions for technical regulation”. In development of this resolution, the Ministry of Industry and Energy issued orders No. 83 dated April 15, 2005 “On the formation of the Public Council for Technical Regulation under the Ministry of Industry and Energy of the Russian Federation”, No. 347 dated December 12, 2005 “On ensuring the activities of expert commissions on technical regulation”, dated March 27. 2006 No. 56 “On the establishment of expert commissions for the examination of technical regulations”, dated July 26, 2006 No. 176 “On expert commissions for the examination of draft technical regulations” and a number of others.

In pursuance of the orders of the Government of the Russian Federation, the Ministry of Industry and Energy issued orders No. 79 dated April 12, 2006 “On Approval guidelines on the Formation and Clarification of the Program for the Development of Technical Regulations” and No. 299 dated 08.11.2006 “On the organization of work on the formation and implementation of the Program for the Development of Technical Regulations in the Ministry of Industry and Energy of the Russian Federation”.

In accordance with the provisions of paragraph 12 of Article 7 of the Law on Technical Regulation, the Government of the Russian Federation annually refines the program for the development of technical regulations. Taking into account the experience of implementing previous versions of the program new edition designed for execution in 2008 and the first quarter of 2009. IN latest edition The program provides for the development of 41 technical regulations, of which 17 are top-priority - with project submission deadlines in June-December 2008, and 24 are developed in the prescribed manner with project submission deadlines from March 2008 to March 2009.

Three draft technical regulations - "On the safety of low-voltage equipment", "On the safety of gasoline, diesel fuel and individual fuels and lubricants”, “On safety production processes and gas supply systems” have already been submitted to the Government of the Russian Federation for consideration.

When forming the program for the development of technical regulations, it was taken into account how strictly the composition and boundaries of the subject areas of the included projects can be determined, as well as how widely the established safety requirements can be adopted in terms of the range of types and types of objects of technical regulation.

Of the draft technical regulations included in the program at the last stage of its refinement, 26 will be adopted in the form of a decree of the Government of the Russian Federation, and 15 in the form of a federal law. The form of adoption was determined on the basis of the results of the analysis of the state of technical regulation in the relevant areas of activity, the structure of the current legislation and the social significance of the areas of regulation. In order to increase responsibility for the results of work and compliance with the deadlines set by the program, the head federal executive bodies have been appointed, which have been transferred the functions of federal customers of the program, providing funding for each stage of the development of draft technical regulations and responsible for organizing work and meeting deadlines.

Currently, in the manner prescribed by the Law on Technical Regulation, only one technical regulation has been adopted - a special technical regulation "On the requirements for emissions of harmful (polluting) substances by motor vehicles put into circulation on the territory of the Russian Federation", approved by the Decree of the Government of the Russian Federation dated 10/12/2005 No. 609 and entered into force on April 21, 2006.

Another 5 projects are under consideration by the Government of the Russian Federation. Decree of the Government of the Russian Federation dated November 1, 2007 No. 1537-r in State Duma The Federal Assembly of the Russian Federation submitted for consideration the draft Federal Law "On Technical Regulations" General requirements fire safety".

The Ministry of Industry and Energy plans to develop 181 draft technical regulations by the end of 2008, and approximately 300 technical regulations by the end of 2010.

The standards establish for the purpose of voluntary reuse the characteristics of products, the rules for the implementation and characteristics of the design processes (including surveys), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal, performance of work and provision of services and may contain rules and methods research, testing and measurement, rules for sampling, requirements for terminology, symbols, packaging, marking or labels and rules for their application.

Documents in the field of standardization used on the territory of the Russian Federation include: national standards, standards of organizations, standardization rules, norms and recommendations in the field of standardization, applied in the established order of classification, all-Russian classifiers of technical, economic and social information, sets of rules.

Existing industry standards are not provided for by law. They must be transferred either to the rank of national standards, or to the standards of organizations, or to technical papers non-standard nature.

The standard approved by the national body of the Russian Federation for standardization is national. According to Article 15 of the Law on Technical Regulation, it is applied on a voluntary basis likewise and equally regardless of the country and place of origin of products, the implementation of production processes, operation, storage, transportation, sale or disposal, performance of work and provision of services, types or features of transactions and persons who are manufacturers, performers, sellers, purchasers.

Any person can be a developer of a standard. Approval of standards is carried out in accordance with the rules of standardization, norms and recommendations in this area. The application of the national standard is confirmed by the mark of conformity to the national standard. Application on a voluntary basis of national standards or codes of practice is a sufficient condition for compliance with the requirements of the relevant technical regulations. At the same time, national standards can be used in whole or in part as a basis for the development of draft technical regulations.

National standards and all-Russian classifiers of technical, economic and social information (including the rules for their development and application) represent the national standardization system, the concept of development of which was adopted by order of the Government of the Russian Federation of February 28, 2006 No. 266-r.

With the introduction of the principle of voluntariness, the position of national standards in the system of technical regulation has not lost its significance. Given the fact that the goals and objectives of standardization are much broader than ensuring product safety, the state has retained the regulatory function of standardization as a mechanism for establishing uniform rules and their application by all subjects. economic activity. The basis of the regulatory function of the state are the principles of standardization, defined in Article 12 of the Law on Technical Regulation.

The functions of the national body of the Russian Federation for standardization, in accordance with the Decree of the Government of the Russian Federation of June 17, 2004 No. 294 “On the Federal Agency for Technical Regulation and Metrology”, are assigned to Rostekhregulirovanie. The national standardization body has the right to develop and approve the program for the development of national standards, as well as the procedure for the creation and operation of technical committees for standardization.

Technical committees are created in order to implement the provisions of the Law on Technical Regulation, to improve and develop standardization work in certain areas of activity at the national and international levels, to coordinate the developed documents with interested organizations and carry out their activities in accordance with the provisions on them. Currently, there are more than 600 technical committees for standardization (TC 000-TC 640, TC 644, TC 900). It is allowed to involve employees of commercial and non-profit organizations, without which it is impossible to ensure a balance of interests in the development of standards. Such organizations are understood mainly as monopoly companies (JSC Gazprom, RAO UES of Russia, RAO Russian Railways, etc.).

According to the Decree of the Government of the Russian Federation of August 15, 2003 No. 500 “On the federal information fund of technical regulations and standards and a unified information system for technical regulation”, the procedure for creating and maintaining a fund of technical regulations and standards, which is a state information resource and maintained by Rostekhregulirovanie, is established.

By orders of Rostekhregulirovanie, 11 fundamental standards of the national standardization system of the Russian Federation (GOST R 1.0-2004, GOST R 1.2-2004, GOST R 1.4-2004, GOST R 1.5-2004, GOST R 1.8-2004, GOST R 1.9-2004, GOST R 1.10-2004, GOST R 1.12-2004, GOST R 1.13-2004, PR 50.1.074-2004), defining the development, design, presentation, approval, accounting, official publication of national standards, inclusion in their changes and cancellation.

Decree of the State Standard of the Russian Federation dated January 30, 2004 No. 4 “On the National Standards of the Russian Federation” the current state and interstate standards that were put into effect before July 1, 2003 are recognized as national standards. The transfer of previously existing standards to the status of national standards is similar in procedure to the adoption of new national standards. Prior to the entry into force of the relevant technical regulations, the requirements established by these national standards are subject to mandatory execution only in the part corresponding to the goals specified in Article 46 of the Law on Technical Regulation.

From May to August 2003, the Gosstandart of Russia adopted and passed the state registration of 81 standards and put into effect 36 interstate standards for use on the territory of the Russian Federation. In 2005, about 450 standards were developed, including 263 at the expense of budget funding.

As of the beginning of 2006, the total number of effective interstate and national standards was 25,163, of which 22,704 were for national economic products and 2,459 were for military products.

In 2005-2007, for the first time, about 1,500 interstate (GOST) and national standards of the Russian Federation (GOSTR) were put into effect and transferred to the status of existing ones.

Decree of the Government of the Russian Federation of September 25, 2003 No. 594 “On the publication of national standards and all-Russian classifiers technical, economic and social information” approved the procedure for publishing national standards and amendments to them.

In accordance with the provisions of this resolution and taking into account the decisions of the government commission on administrative reform (minutes of the commission meeting dated September 25, 2007 No. 68), Rostekhregulirovanie publishes newly approved national standards on the official website of the Federal Agency, and also establishes rules for the distribution of officially published national standards and all-Russian classifiers . Currently, access to the text part of the national standards is determined under the terms of a license agreement.

Technical regulations - the new kind documents that establish mandatory requirements for products, production processes, operation, storage, transportation, sale and disposal, as well as new principles of technical regulation. Technical regulations are adopted by laws or decrees of the Government of the Russian Federation.

Technical regulations are adopted in order to protect the life or health of citizens, the property of individuals or legal entities, state or municipal property, the protection of the environment, the life or health of animals and plants, and the prevention of actions that mislead consumers.

Technical regulations, taking into account the degree of risk of causing harm, establish the necessary requirements to ensure:

radiation safety; biological safety, explosion safety; mechanical safety; fire safety; industrial safety; thermal safety; chemical safety; electrical safety; nuclear and radiation safety;

electromagnetic compatibility in terms of ensuring the safety of the operation of instruments and equipment;

unity of measurements.

The Government of the Russian Federation adopted a program for the development of technical regulations aimed at creating a system of technical regulations in the country that would correspond to the current level of scientific and technological development and the interests of the national economy. It is proposed to develop 181 draft technical regulations in the near future, including technical regulations to ensure nuclear and radiation safety.

According to the scope of use atomic energy the principles of technical regulation established federal law No. 170-FZ of November 21, 1995 "On the use of atomic energy".

National Standards

The national standard according to GOST 1.0-2004 is a standard approved by the national body of the Russian Federation for standardization, in which, for the purpose of voluntary reuse, product characteristics, rules for the implementation and characteristics of the processes of production, operation, storage, transportation, sale and disposal, performance of work or provision of services. The standard may also contain requirements for terminology, symbols, packaging, marking or labels and the rules for their gluing.

The designation of standards is regulated by GOST R 1.5-2004. According to the resolutions of the Gosstandart of Russia, national standards are recognized as state and interstate standards adopted by the Gosstandart of Russia before July 1, 2003. Previously included in them mandatory requirements will be withdrawn as technical regulations are developed. The standards have a voluntary status.

The standards will be used as an evidence base to ensure compliance with the requirements of technical regulations and the conformity of products and processes with them. For these purposes, national standards will be applied that establish:

classification of objects of technical regulation; terms and definitions used to identify pro-

inductions or processes; methods of control or testing, compliance with requirements

technical regulations.

Organization standards

The Federal Law "On Technical Regulation" does not include industry standards in standardization documents, since now executive authorities (with the exception of the Government of the Russian Federation) are not entitled to establish mandatory technical requirements.

Meanwhile, the importance of industry standards for the development and operation of many industry standards remains very significant. Industry standards can transform

be either in national or in the standards of organizations. Article 17 of the Law left enterprises and organizations to independently decide on the need to create standards.

In those industries where there are large industry associations, their own so-called corporate standardization systems can be formed that establish uniform rules for the development and application of standards, taking into account the area of activity of this association.

Set of rules

A set of rules is a document in the field of standardization, which contains technical rules and / or a description of the design processes (including surveys) for the production, construction, installation, adjustment, operation, storage, transportation, sale and disposal of products, which is applied on a voluntary basis.

The codes of practice are included in the standardization documents and the procedure for their development is determined in accordance with. Codes of practice are widely used in international practice. Inclusion in standardization documents of various SNiPs (building codes and regulations), SanPiNs ( sanitary rules and norms), norms for calculating strength, operating rules and other similar documents of federal executive bodies will allow saving the fund of these normative documents for practical use without converting them into national standards.

Interstate standards

Interstate standard - a standard adopted by the Interstate Council for Standardization, Metrology and Certification, and available to a wide range of users.

The rules for carrying out work in Russia on the development, application, updating and termination of the application of interstate standards are regulated by GOST R 1.8-2004.

International (regional) standards

International Standard - a standard adopted by an international standardization organization and available to a wide range of consumers and users.

International standards are developed by authoritative international organizations and are based on the principles defined by the WTO: openness, transparency, impartiality and consensus, efficiency and expediency, consistency and focus on development.

International standards accumulate the advanced scientific and technical experience of the economically developed countries of the world and are aimed at ensuring the unity of requirements for products, and are the subject of international trade. And although their application is voluntary, the conformity of products with them is a criterion for competitiveness and admission to the international market.

When developing national standards, the application of international standards is one of the important conditions entry of domestic products to the world market.

According to GOST R 1.0-2004, international and regional standards (subject to the accession of the Russian Federation to them), as well as national standards of other countries (subject to relevant agreements with these countries) are applied on the territory of the Russian Federation as national standards.

Application in the Russian Federation of international, regional standards, UNECE documents and others international organizations and national standards of other countries are carried out by the approval of the national standard, which is an authentic text of the corresponding document in Russian with additional requirements that reflect the specific needs of the national economy.

Technical regulations are a new type of documents that establish mandatory requirements for products, production processes, operation, storage, transportation, sale and disposal, as well as new principles of technical regulation. Technical regulations are adopted by laws or decrees of the Government of the Russian Federation.

Technical regulations, taking into account the degree of risk of causing harm, establish the necessary requirements to ensure:

radiation safety; biological safety, explosion safety; mechanical safety; fire safety; industrial safety; thermal safety; chemical safety; electrical safety; nuclear and radiation safety;

electromagnetic compatibility in terms of ensuring the safety of the operation of instruments and equipment;

unity of measurements.

Accordingly, in the field of the use of atomic energy, the principles of technical regulation established by Federal Law No. 170-FZ of November 21, 1995 “On the Use of Atomic Energy” are preserved.

National Standards

The designation of standards is regulated by GOST R 1.5-2004. According to the resolutions of the Gosstandart of Russia, the state and interstate standards adopted by the Gosstandart of Russia before July 1, 2003 are recognized as national standards. The mandatory requirements included in them earlier will be withdrawn as technical regulations are developed. The standards have a voluntary status.

classification of objects of technical regulation; terms and definitions used to identify pro-

inductions or processes; methods of control or testing, compliance with requirements

technical regulations.

Organization standards

Meanwhile, the importance of industry standards for the development and operation of many industry standards remains very significant. Industry standards can transform

be either in national or in the standards of organizations. Article 17 of the Law left enterprises and organizations to independently decide on the need to create standards.

Set of rules

Code of Practice - a document in the field of standardization, which contains technical rules and / or a description of the design processes (including surveys) of production, construction, installation, commissioning, operation, storage, transportation, sale and disposal of products, which is applied on a voluntary basis.

The codes of practice are included in the standardization documents and the procedure for their development is determined in accordance with. Codes of practice are widely used in international practice. The inclusion in standardization documents of various SNiPs (building codes and regulations), SanPiNs (sanitary rules and regulations), strength calculation standards, operating rules and other similar documents of federal executive bodies will allow preserving the fund of these regulatory documents for use in practical purposes without converting them into national standards.

Interstate standards

Interstate standard - a standard adopted by the Interstate Council for Standardization, Metrology and Certification, and available to a wide range of users.

The rules for carrying out work in Russia on the development, application, updating and termination of the application of interstate standards are regulated by GOST R 1.8-2004.

International (regional) standards

International Standard - a standard adopted by an international standardization organization and available to a wide range of consumers and users.

When developing national standards, the use of international standards is one of the important conditions for the entry of domestic products into the world market.

The application in the Russian Federation of international, regional standards, documents of the UNECE and other international organizations and national standards of other countries is carried out by the approval of a national standard, which is an authentic text of the corresponding document in Russian with additional requirements that reflect the specific needs of the national economy.