Pattern Approval은 러시아 연방법 No. 102의 계량 및 계측기기의 도량학적 추적성에 관한 법령(Federal law No 102 of 26/06/2008 on the “Metrological Traceability of weighing and measuring instruments in the Russian Federation)에 의거하여 러시아 연방 기술표준국[Federal Agency for Technical Regulation and Metrology (Rosstandard)]에 의한 행정처분의 결과문서 입니다.
해당 계측기기가 러시아 연방 법령 및 기술규격에 대해 기술적 및 행정법적으로의 적합성을 충족하여 행정관청으로 부터 사용의 승인받는 것입니다.
Pattern Approval 에는 계측기기에 관련하여 제조자 및 수입자(해당되는 경우) 관련 정보 그리고 측정 및 교정 관련 기술 등이 포함됩니다.
Pattern Approval은 계측기기로써의 적합성에 대한 것으로써 GOST R, CU-TR(Custom Union Technical Regulation)등과 함께 통관서류의 일부분이 됩니다.
일반적으로 다음의 제품 군에 대해 Technical Regulation의 적용을 검토합니다.
1) The field of public health;
2) Veterinary activity;
3) The field of preservation of the environment;
4) Activity on safety at emergency situations;
5) Performing of work aimed at maintenance of safe working conditions and insurance of labor protection;
6) Industrial inspection over observance of established by the legislation of the Russian Federation industrial safety requirements to the operation of dangerous industrial objects;
7) Trade and goods exchange operations, performance of work on prepackaging of products;
8) Performing of state accounting operations;
9) Postal services & recording of volume of telecommunication services rendered by communication operators;
10) Activity in the field of defense and state safety;
11) The field of geodetic and cartographical activity;
12) The field of hydrometeorology;
13) Carrying out of bank, tax and customs operations;
14) Performing of assessment for conformity of industrial products and products of other kinds and also other objects to obligatory requirements established by legislation of Russian Federation;
15) Carrying out of official sports competitions, ensuring of preparation of high-class sportsmen;
16) Performing for commissions of court, of bodies of public prosecutors, of state executive power bodies;
Pattern Approval은 러시아 행정관청의 기술 및 행정처분 문서이기에 인증을 위해 작성, 제출되는 모든 문서는 러시아 언어로 작성되어야 합니다.
아래는 국한되지 않으나 승인을 위해 제출되어야 하는 문서들 입니다.
1) 제품 사용설명서, 또는 카달로그
2) MDD(Measurement Design Data) 및 관련 기술문서(제품 종류별로 제출서류가 다를 수 있음)
3) Calibration Information
4) HS Code
5) Test Sample(제품종류별로 요구 수량은 다를 수 있음)
6) 품질보증관련 국제 및 국가 인증서 및 시험서(해당되는 경우)
7) GOST R 규정 등 에 따른 각 인증서(해당되는 경우)
1) 기술관련 문서 검토
2) 러시아 언어 번역
3) 공증
4) 시험 및 기술소견 작성
5) Gost-R 관련 인증
6) 승인신청 접수
7) 행정처분 검토 및 승인
행정처분 문서로써 5년간 유효 함.
1 개월 ~2개월 소요
아래내용은 관계법규를 한글초벌 번역본 입니다.
- 러시아 법규를 열람하고자 하시는 분은 연락바랍니다.
Adopted by the State Duma June 11, 2008
Approved by the Federation Council June 18, 2008
Chapter 1. General Provisions
Article 1. The Goals and Applicability of the Present Federal Law
1. The goals of the present Federal Law are as follows:
1) establishing a legal foundation for ensuring the uniformity of measurements in the Russian Federation;
2) protecting the rights and lawful interests of citizens, the society and the state from the negative consequences of unreliable results of measurements;
3) catering for the need of citizens, the society and the state for the objective, reliable and comparable results of measurements used to protect the life and health of citizens, the environment, fauna and flora, and to ensure the defense and security of the state including economic security;
4) providing assistance to the development of the economy of the Russian Federation and to scientific and technological progress.
2. The present Federal Law regulates the relationships occurring when measurements are being carried out, requirements are established as applicable to measurements, units, standard specimens, means of measurement, when standard specimens, means of measurements and measurement methodologies (methods) are being applied, and also when the activity of ensuring the uniformity of measurements envisaged by the legislation of the Russian Federation on ensuring the uniformity of measurements is being carried out, for instance when the works and services of ensuring the uniformity of measurements are being performed.
3. The area of ensuring the uniformity of measurements subject to state regulation extends to the measurements for which compulsory requirements are established for the purposes described in Part 1 of the present article and which are carried out when:
1) activities are being pursued in the area of public health;
2) veterinary activities are being carried out;
3) environmental protection activities are being carried out;
4) the activity of ensuring safety in cases of emergency is being carried out;
5) the works of ensuring safe conditions for labor and labor protection are being carried out;
6) production control is being carried out in respect of the observance of the industrial safety requirements established by the legislation of the Russian Federation for cases when a hazardous production facility is being operated;
7) trade and barter transactions and the works of packing of goods take place;
8) state record-keeping transactions are being carried out;
9) postal communication services are being provided and the amount of electric communication services provided by communication operators is being recorded;
10) activities in the area of defense and security of the state are being carried out;
11) geodetic and cartographic activities are being carried out;
12) activities are being carried out in the area of hydrometeorology;
13) banking, tax and customs transactions are being carried out;
14) the works of assessing the compliance of industrial products and products of other types and also of other facilities with the compulsory requirements established by the legislation of the Russian Federation are being carried out;
15) official sport competitions are being conducted and high-class sportsmen are being prepared;
16) instructions of a court, prosecutor’s office or state executive governmental body are being carried out;
17) state control (supervision) measures are being taken.
4. Also the measurements envisaged by the legislation of the Russian Federation on technical regulation are deemed to be within the area of state regulation of arrangements for the uniformity of measurements.
5. The area of state regulation of arrangements for the uniformity of measurements also extends to the units, unit, standard specimens and means of measurement for which compulsory requirements are established.
6. Compulsory requirements applicable to measurements, unit standards, standard specimens and means of measurement shall be established by the legislation of the Russian Federation on ensuring the uniformity of measurements and by the legislation of the Russian Federation on technical regulation. Compulsory requirements applicable to units, the performance of the works and/or services of ensuring the uniformity of measurements shall be established by the legislation of the Russian Federation on ensuring the uniformity of measurements.
7. The details of ensuring the uniformity of measurements in the course of activities in the area of defense and security of the state shall be established by the Government of the Russian Federation.
Article 2. Basic Terms
The following basic terms are used in the present Federal Law:
1) “attestation of measurement methodologies (methods)” meaning a research and confirmation of the compliance of measurement methodologies
(methods) with established methodological requirements applicable to measurements;
2) “commissioning means of measurement” meaning the readiness of means of measurement for being used according to their intended purpose as documented in the established procedure;
3) “state metrological supervision” meaning a control activity in the area of state regulation of arrangements for the uniformity of measurements pursued by empowered federal executive governmental bodies as verification on a regular basis of the observance of the compulsory requirements established by the legislation of the Russian Federation and also as the application of sanctions established by the legislation of the Russian Federation for the irregularities discovered in the course of supervision actions;
4) “primary state unit standard” meaning a state unit standard that ensures the reproduction, storage and transfer of a unit of quantity with the highest accuracy in the Russian Federation and that is confirmed as such in the established procedure and is being used as a primary one on the territory of the Russian Federation;
5) “state unit standard” meaning a unit standard under federal ownership;
6) “unit” meaning a fixed quantity accepted as a unit of this quantity and applicable as a quantitative expression of quantities that are homogenous with that quantity;
7) “the uniformity of measurements” meaning the state of measurements in which the results thereof are expressed in the units admitted for being used in the Russian Federation and the indicators of accuracy of measurement are within established limits;
8) “measurement” meaning an aggregate of operations carried out to assess the quantitative magnitude of a value;
9) “testing standard specimens or means of measurement to confirm a type” meaning the work of assessing the metrological and technical characteristics of single-type standard specimens or means of measurement;
10) “calibration of means of measurement” meaning the aggregate of operations carried out for the purpose of assessing the true vales of metrological characteristics of means of measurement;
11) “measurement methodology (method)” meaning the aggregate of the specifically described operations whose completion makes sure results of measurement are obtained with established accuracy indicators;
12) “metrological service” meaning the structural unit of the central staff of an federal executive governmental body and/or of a territorial body thereof, the legal entity or the structural unit of a legal entity or of an association of legal entities, the employees of a legal entity or the individual entrepreneur Organizing and/or performing works of ensuring the uniformity of measurements and/or providing the services of ensuring the uniformity of measurements;
13) “metrological expert examination” meaning an analysis and assessment of the correctness of establishment and observance of metrological requirements as applicable to an object undergoing an expert examination. The metrological expert examination is carried out on a compulsory (compulsory metrological expert examination) or voluntary basis;
14) “metrological requirements” meaning requirements applicable to the characteristics (parameters) of measurements, of unit standards, of standards specimens, of means of measurement that affect the result and indicators of accuracy of measurements and also applicable to the conditions in which these characteristics (parameters) must be ensured;
15) “compulsory metrological requirements” meaning the metrological requirements which are established by normative legal acts of the Russian Federation and are to be compulsorily observed on the territory of the Russian Federation;
16) “transfer of a unit” meaning the reduction of a unit stored in means of measurement to the unit reproduced by the standard of this unit or by a standard specimen;
17) “verifying means of measurement” (hereinafter also referred to as “verification”) meaning the aggregate of operations carried out for the purpose of confirming the compliance of means of measurement with metrological requirements;
18) “traceability” meaning the property of a unit standard or of means of measurement that manifests itself in documented establishment of their relationship with a primary state standard of the relevant unit by means of comparing unit standards, verifying and calibrating means of measurement;
19) “direct measurement” meaning a measurement in which the unknown magnitude of a value is obtained directly from a means of measurement;
20) “comparing unit standards” meaning the aggregate of operations establishing the ratio between the units reproduced by unit standards of one level of accuracy in same conditions;
21) “means of measurement” meaning a technical facility intended for measurement;
22) “standard specimen” meaning a specimen of a substance (material) with the magnitudes of one or more values established according to the results of testing as characterizing the composition or a property of the substance (material);
23) “technical systems and devices with measurement functions” meaning technical systems and devices that carry out measurement functions apart from their basic functions;
24) “specification requirements applicable to means of measurement” meaning the requirements defining the details of design of means of measurement (with no limitation on the technical improvement thereof) for the purpose of preserving their metrological characteristics in the course of operation of the means of measurement, attaining a reliability of the result of measurements, preventing unauthorized tuning and interference, and also the requirements ensuring the safety and electromagnetic compatibility of the means of measurement;
25) “the type of means of measurement” meaning the aggregate of means of measurement intended for measuring same values expressed in terms of same units, based on same operating concept, having same design and manufactured according to same technical documentation;
26) “the type of standard specimens” meaning the aggregate of standard specimens having same intended purpose, manufactured from same substance (material) according to same technical documentation;
27) “confirmation of a type of standard specimens or a type of means of measurement” meaning a documented decision on recognition of the compliance of a type of standard specimens or a type of means of measurement with metrological and specification requirements (characteristics) on the basis of the result of testing of the standard specimens or the means of measurement for the purpose of confirming the type;
28) “packaged goods in a package” meaning goods packed up in the buyer’s absence when the content of a package cannot be changed without its being opened up or deformed and the weight, volume, length, area and the other values defining the quantity of the goods contained in the package must be shown on the package;
29) “unit standard” meaning a technical facility intended for reproduction, storage and transfer of a unit.
Article 3. The Legislation of the Russian Federation on Ensuring the Uniformity of Measurements
1. The legislation of the Russian Federation on ensuring the uniformity of measurements is based on the Constitution of the Russian Federation and it includes the present Federal Law, the other federal laws regulating relationships in the area of ensuring the uniformity of measurements and also the other normative legal acts of the Russian
Federation adopted in accordance therewith.
2. The provisions of federal laws and of other normative legal acts of the Russian Federation concerning the subject matter regulated by the present Federal Law are applicable in as much as they are consistent with the present Federal Law.
Article 4. International Treaties of the Russian Federation
If an international treaty of the Russian Federation has established other rules different from those set out in the legislation of the Russian Federation on ensuring the uniformity of measurements, the rules of the international treaty shall be applicable.
Chapter 2. The Requirements Applicable to Measurements, Units, Unit Standards, Standard Specimens and Means of Measurement
Article 5. The Requirements Applicable to Measurements
1. The measurements that have to do with the area of state regulation of arrangements for the uniformity of measurements shall be carried out according to attested measurement methodologies (methods),
except for the measurement methodologies (methods) intended for direct measurements involving the use of means of measurement of an approved type that have passed verification. The results of the measurements shall be expressed in terms of the units admitted for being used in the Russian Federation.
2. The measurement methodologies (methods) intended for direct measurements shall be entered in the operating documentation for means of measurements. A confirmation of the compliance of these measurement methodologies (methods) with the compulsory metrological requirements applicable to measurements shall be provided in the course of approval of the types of these means of measurements. In the rest of cases a confirmation of the compliance of measurement methodologies (methods) with the compulsory metrological requirements applicable to measurements shall be provided by means of attesting measurement methodologies (methods). Information on attested measurement methodologies (methods) shall be provided to the Federal Information Fund for Ensuring the Uniformity of Measurements by the legal entities and individual entrepreneurs that carry out the attestation.
3. An attestation of the measurement methodologies (methods) that have to do with the area of state regulation of arrangements for the uniformity of measurements shall be carried out by the legal entities and individual entrepreneurs accredited in the established procedure in the area of arrangements for the uniformity of measurements.
4. The procedure for attestation of measurement methodologies (methods) and for the application thereof shall be established by the federal executive governmental body charged with the functions of state policy elaboration and normative legal regulation in the area of arrangements for the uniformity of measurements.
5. By agreement with the federal executive governmental body charged with the functions of state policy elaboration and normative legal regulation in the area of arrangements for the uniformity of measurements the federal executive governmental bodies responsible for normative legal regulation in the areas of activity specified in Parts 3 and 4 of Article 1 of the present Federal Law shall designate the measurements that have to do with the area of state regulation of arrangements for the uniformity of measurements and establish compulsory metrological requirements for them, including measurement accuracy indicators.
6. The federal executive governmental body charged with the function of state service provision and state property management in the area of arrangements for the uniformity of measurements shall keep a comprehensive list of the measurements relating to the area of state regulation of arrangements for the uniformity of measurements.
Article 6. The Requirements Applicable to Units
1. The following is used in the Russian Federation: the units of the International System of Units that are adopted by the General Conference on Measures and Weights and recommended for use by the International Organization of Legal Metrology. The names of the units admitted for being used in the Russian Federation, their designations, rules of writing, and also the rules for their application shall be established by the Government of the Russian Federation.
2. The characteristics and parameters of products delivered for export, including means of measurement, may be expressed in the units envisaged by an agreement (contract) concluded with the customer.
3. Units shall be transferred to means of measurement, technical systems and devices with measurement functions from unit standards and standard specimens.
Article 7. The Requirements Applicable to Unit Standards
1. State unit standards constitute a standard base of the Russian Federation.
2. Primary state unit standards shall not be privatized.
3. Information on state unit standards shall be entered by the federal executive governmental body charged with the function of state service provision and state property management in the area of arrangements for the uniformity of measurements to the Federal Information Fund for Ensuring the Uniformity of Measurements.
4. Primary state unit standards shall be preserved and applied in state scientific metrological institutes.
5. Primary state unit standards are subject to approval by the federal executive governmental body charged with the function of state service provision and state property management in the area of arrangements for the uniformity of measurements.
6. Primary state unit standards are subject to comparison with the unit standards of the International Bureau of Measures and Weights and the national unit standards of foreign states. Responsibility for the timely presentation of a primary state unit standard for comparison shall be borne by the state scientific metrological institute that keeps the primary state unit standard.
7. The following shall be used in the Russian Federation: the unit standards traced up to primary state standards of relevant units. If there are no relevant primary state unit standards arrangements shall be made for the traceability of the means of measurement used in the area of state regulation of arrangements for the uniformity of measurements to the national unit standards of foreign states.
8. The procedure for confirming, maintaining, comparing and applying primary state unit standards, the procedure for transferring units from state standards, the procedure for establishing the compulsory requirements applicable to the unit standards used to ensure the uniformity of measurements in the area of state regulation of arrangements for the uniformity of measurements, the procedure for assessing compliance with these requirements and also the procedure for applying them shall be established by the Government of the Russian Federation.
Article 8. The requirements Applicable to Standard Specimens
1. Standard specimens are intended for the reproduction, storage, and transfer of the characteristics of the composition or properties of substances (materials) expressed in terms of the units admitted for being used in the Russian Federation.
2. Standard specimens of approved types shall be used in the area of state regulation of arrangements for the uniformity of measurements.
Article 9. The Requirements Applicable to Means of Measurement
1. The following shall be admitted in the area of state regulation of arrangements for the uniformity of measurements: means of measurement of an approved type that have passed verification in accordance with the provisions of the present Federal Law and also that ensure the observance of the compulsory requirements established by the legislation of the Russian Federation on ensuring the uniformity of measurements, the including compulsory metrological requirements applicable to measurements, the compulsory metrological and specification requirements applicable to means of measurements and the compulsory requirements established by the legislation of the Russian Federation on technical regulation. Where necessary, the compulsory requirements applicable to means of measurement shall also comprise requirements applicable to the components, software and operating conditions of the means of measurement. While using means of measurement one shall observe the compulsory requirements applicable to the operating conditions thereof.
2. The design of means of measurement shall ensure restrictions on access to specific part of the means of measurement (including software) for the purpose of preventing unauthorized tuning and interference that can cause a distortion in the results of measurements.
3. The procedure for classifying technical facilities as “means of measurement” shall be established by the federal executive governmental body charged with the functions of state policy elaboration and normative legal regulation in the area of arrangements for the uniformity of measurements.
Article 10. Technical Systems and Devices with Measurement Functions
The compulsory requirements applicable to technical systems and devices with measurement functions and also the forms of assessment of their compliance with said requirements shall be established by the legislation of the Russian Federation on technical regulation.
Chapter 3. State Regulation in the Area of Arrangements for the Uniformity of Measurements
Article 11. The Forms of State Regulation in the Area of Arrangements of the Uniformity of Measurements
State regulation in the area of arrangements for the uniformity of measurements shall be carried out in the following forms:
1) endorsement of a type of standard specimens or a type of means of measurement;
2) verification of means of measurement;
3) metrological expert examination;
4) state metrological supervision;
5) attestation of measurement methodologies (methods);
6) accreditation of legal entities and individual entrepreneurs for the performance of works and/or provision of services in the area of arrangements for the uniformity of measurements.
Article 12. Confirming a Type of Standard Specimens or a Type of Means of Measurement
1. The type of the standard specimens or the type of the means of measurement that are used in the area of state regulation of arrangements for the uniformity of measurements is subject to confirmation in a compulsory manner. The following shall be established when a type of means of measurement is being confirmed: accuracy indicators, the interval between verifications of the means of measurement, and also the methodology of verification of the given type of means of measurement.
2. A decision on confirmation of a type of standard specimens or a type of means of measurement shall be taken by the federal executive governmental body charged with the function of state service provision and state property management in the area of arrangements for the uniformity of measurements on the basis of positive results of testing of the standard specimens or means of measurement for the purposes of confirming the type.
3. The confirmation of the type of standard specimens or the type of means of production shall be certified by a certificate of confirmation of type of standard specimens or type of means of measurement issued by the federal executive governmental body charged with the function of state service provision and state property management in the area of arrangements for the uniformity of measurements. Within the effective term of the certificate of confirmation of type of means of measurements the interval between verifications of means of measurement may be changed only by the federal executive governmental body charged with the function of state service provision and state property management in the area of arrangements for the uniformity of measurements.
4. To each individual means of measurement of the confirmed type, cover documents for said means of measurement and cover documents for standard specimens of the confirmed type a sign of confirmation of the type shall be applied. The design of the means of measurement shall allow the application of the sign in a visible place. If the details of design of the means of measurement do not allow the application of the sign directly to the means of measurement it shall be applied to the cover documents.
5. The testing of standard specimens or means of measurement for the purposes of type confirmation shall be carried out by legal entities accredited in the established procedure in the area of arrangements for the uniformity of measurements.
6. Information on confirmed types of standard specimens and types of means of measurement shall be entered in the Federal Information Fund for Ensuring the Uniformity of Measurements.
7. The procedure for testing standard specimens or means of measurement for the purpose of confirming a type, the procedure for confirming the type of standard specimens or the type of means of measurement, the procedure for issuing certificates of confirmation of the type of standard specimens or the type of means of measurement, setting and changing the effective term of said certificates and the interval between verifications of means of measurements, the requirements applicable to signs of confirmation of the type of standard specimens or the type of means of measurement and the procedure for applying them shall be established by the federal executive governmental body charged with the functions of state policy elaboration and normative legal regulation in the area of arrangements for the uniformity of measurements. The procedure for testing standard specimens or means of measurement for the purpose of confirming a type and the procedure for confirming the type of standard specimens or the type of means of measurement shall be established with account being taken of the nature of manufacture of the standard specimens and means of measurement (mass production or one-off production).
8. The legal entities and individual entrepreneurs carrying out the development, release from a production facility, importation into the territory of the Russian Federation, sale and use on the territory of the Russian Federation of the standard specimens and means of measurement which are not intended for being used in the area of state regulation of arrangements for the uniformity of measurements may voluntarily present them for confirmation of the type of the standard specimens or the type of the means of measurement.
Article 13. Verifying Means of Measurement
1. The means of measurement intended for being used in the area of state regulation of arrangements for the uniformity of measurements are subject to primary verification before they get commissioned and also after a repair, and to periodical verifications in the course of operation. The legal entities and individual entrepreneurs using means of measurement in the area of state regulation of arrangements for the uniformity of measurements shall timely present the means of measurement for verification.
2. A verification of means of measurement shall be carried out the legal entities and individual entrepreneurs accredited in the established procedure in the area of arrangements for the uniformity of measurements.
3. The Government of the Russian Federation shall establish a list of the means of measurement to be verified only by the state regional metrology centres accredited in the established procedure in the area of arrangements for the uniformity of measurements.
4. The results of a verification of means of measurement shall be certified by a sign of verification and/or a certificate of verification.
The design of a means of measurement shall allow the application of a sign of verification in a visible place. If the details of the design or the operating conditions of a means of measurement do not allow the application of a sign of verification directly to the means of measurement it shall be applied to the certificate of verification.
5. The procedure for a verification of means of measurement, the requirements applicable to a sign of verification and to the content of a certificate of verification shall be established by the federal executive governmental body charged with the functions of state policy elaboration and normative legal regulation in the area of arrangements for the uniformity of measurements.
6. Information on the results of a verification of means of measurement intended for being used in the area of state regulation of arrangements for the uniformity of measurements shall be sent to the Federal Information Fund for Ensuring the Uniformity of Measurements by the legal entities and individual entrepreneurs that carry out the verification of means of measurement.
7. The means of measurement not intended for being used in the area of state regulation of arrangements for the uniformity of measurements may be verified on a voluntary basis.
Article 14. The Metrological Expert Examination
1. The requirements contained in draft normative legal acts of the Russian Federation as applicable to measurements, standard specimens and means of measurement are subject to a compulsory metrological expert examination. The statements resulting from a compulsory metrological expert examination in respect o said requirements shall be considered by the federal executive governmental bodies that adopt these acts. A compulsory metrological expert examination of the requirements contained in draft normative legal acts of the Russian Federation as applicable to measurements, standard specimens and means of measurement shall be carried out by state scientific metrological institutes.
2. A compulsory metrological expert examination of standards, products, design, construction and technological documentation and other objects shall also take place in the procedure and in the cases envisaged
by the legislation of the Russian Federation. Said expert examination shall be carried out by the legal entities and individual entrepreneurs accredited in the established procedure in the area of arrangements for the uniformity of measurements.
3. The procedure for carrying out a compulsory metrological expert examination of the requirements contained in draft normative legal acts of the Russian Federation as applicable to measurements, standard specimens and means of measurement shall be established by the federal executive governmental bodies charged with the functions of state policy elaboration and normative legal regulation in the area of arrangements for the uniformity of measurements.
4. The following may be carried out on a voluntary basis: a metrological expert examination of products, design, construction and technological documentation and other objects for which no compulsory metrological expert examination is envisaged by the legislation of the Russian Federation.
Article 15. The State Metrological Supervision
1. A state metrological supervision shall be carried out in respect of:
1) the observance of the compulsory requirements in the area of state regulation of arrangements for the uniformity of measurements applicable to measurements, units and also to unit standards, standard specimens and means of measurement at their release from a production facility, importation into the territory of the Russian Federation, sale and use on the territory of the Russian Federation;
2) the existence and observance of attested measurement methodologies (methods);
3) the observance of the compulsory requirements applicable to the deviation of quantity of packaged goods in packages from the declared quantity.
2. State metrological supervision shall extend to the activities of the legal entities and individual entrepreneurs that carry out:
1) the measurements that have to do with the area of state regulation of arrangements for the uniformity of measurements;
2) the release from a production line of the unit standards, standard specimens and means of measurement intended for being used in the area of state regulation of arrangements for the uniformity of measurements, and also their importation into the territory of the Russian Federation, sale and use on the territory of the Russian Federation;
3) the packing up of goods.
3. The legal entities and individual entrepreneurs that release from production facilities the unit standards, standard specimens and means of measurement intended for being used in the area of state regulation of arrangements for the uniformity of measurements and also their importation into the territory of the Russian Federation and sale shall notify of this activity the federal executive governmental body charged with the function of state metrological supervision within three months after the completion thereof. The notification procedure shall be established by the federal executive governmental body charged with the functions of state policy elaboration and normative legal regulation in the area of arrangements for the uniformity of measurements.
4. The compulsory requirements applicable to the deviation of the quantity of packaged goods in packages from the declared quantity when they are being packed up shall be established by technical regulations.
Also technical regulations may comprise compulsory requirements applicable to the equipment used for packing up and for packing monitoring, rules for assessing the deviation of the quantity of packaged goods in packages from the declared quantity, the compulsory requirements applicable to the packages, marking or labels of packed-up goods and rules for the application thereof.
Article 16. The Federal Executive Governmental Bodies Responsible for State Metrological Supervision
1. State metrological supervision shall be carried out by the federal executive governmental body charged with the function of state metrological supervision and also by the other federal executive governmental bodies empowered by the President of the Russian Federation or the Government of the Russian Federation to carry out this type of supervision in the established area of activity.
2. The procedure for the pursuance of state metrological supervision, the interaction of the federal executive governmental bodies responsible for state metrological supervision and also for the distribution of powers among them shall be established by the President of the Russian Federation or the Government of the Russian Federation within the scope of their powers. While distributing powers among the federal executive governmental bodies charged with state metrological supervision one shall not simultaneously vest the powers of verifying same requirements in one inspected facility in two or more federal executive governmental bodies.
Article 17. The Rights and Duties of Officials in State Metrological Supervision
1. The duty of carrying out verification in the course of state metrological supervision is vested in officials of the federal executive governmental bodies responsible for state metrological supervision and of their territorial bodies.
2. Having shown their service identity cards and a verification order of the federal executive governmental body charged with state metrological supervision the officials who carry out the verification
described in Part 1 of the present article are entitled are entitled to:
1) visit facilities (areas and premises) of legal entities and individual entrepreneurs for the purpose of carrying out state metrological supervision when they are executing their service duties;
2) obtain the documents and information required for the purposes of verification.
3. The officials who carry out state metrological supervision shall:
1) verify the conformity of used units with the units admitted for being used in the Russian Federation;
2) verify the condition and use of unit standards, standard specimens and means of measurement for the purpose of establishing if they meet compulsory requirements;
3) verify the existence and observance of attested measurement
methodologies (methods);
4) verify the observance of the compulsory requirements applicable to measurements and the compulsory requirements applicable to the deviation of quantity of packaged goods in packages from the declared quantity;
5) verify the observance by the legal entities and individual entrepreneurs specified in Part 3 of Article 15 of the present Federal Law of the established procedure for notification of their activities;
6) observe state, commercial, service and other law-protected secrets.
4. If irregularities have been discovered an official who is carrying out state metrological supervision shall:
1) prohibit the release from a production facility, the importation into the territory of the Russian Federation and sale of standard specimens and means of measurement of non-approved types that are intended for being used in the area of state regulation of arrangements for the uniformity of measurements or standard specimens and means o measurement that do not meet compulsory requirements and are intended for
being used in the area of state regulation of arrangements for the uniformity of measurements (except for the release from a production facility and importation into the territory of the Russian Federation of standard specimens or means of measurement that are intended for testing standard specimens or means of measurement for the purpose of confirming a type);
2) prohibit the use of standard specimens and means of measurement of non-approved types or standard specimens and means of measurement that do not meet compulsory requirements and also non-verified means of measurement when measurements relating to the area of state regulation of arrangements for the uniformity of measurements are being performed;
3) apply to means of measurement a sign of un-serviceability in cases when a means of measurement does not meet compulsory requirements;
4) issue binding orders and set a term for elimination of a breach of the compulsory requirements established by the legislation of the Russian Federation;
5) send materials on a breach of provisions of the legislation of the Russian Federation on ensuring the uniformity of measurements to judicial and investigation bodies and also to the federal executive
governmental body charged with attestation in the area of arrangements for the uniformity of measurements in the cases envisaged by the legislation of the Russian Federation;
6) take other measures in accordance with the legislation of the Russian Federation.
5. The form of the sign of un-serviceability of means of measurement and the procedure for the application thereof shall be established by the federal executive governmental body charged with the functions of state policy elaboration and normative legal regulation in the area of arrangements for the uniformity of measurements.
Chapter 4. Calibrating Means of Measurement
Article 18. Calibrating Means of Measurement
1. The means of measurement not intended for being used in the area of state regulation of arrangements for the uniformity of measurements may be subjected to calibration on a voluntary basis. The calibration of means of measurement shall be carried out as involving the use of the unit standards traceable to the primary state standards of the relevant units or to the national unit standards of foreign states if there are no relevant primary state unit standards.
2. The legal entities and individual entrepreneurs carrying out the calibration of means of measurement on a voluntary basis may be accredited in the area of arrangements for the uniformity of
measurements.
3. The results of a calibration of means of measurement completed by legal entities or individual entrepreneurs accredited in the established procedure in the area of arrangements for the uniformity of measurements may be used in the verification of means of measurement in the procedure established by the federal executive governmental body charged with the functions of state policy elaboration and normative legal regulation in the area of arrangements for the uniformity of measurements.
Chapter 5. Accreditation in the Area of Arrangements for the Uniformity of Measurements
Article 19. Accreditation in the Area of Arrangements for the Uniformity of Measurements
1. Accreditation in the area of arrangements for the uniformity of measurements shall be carried out for the purpose of official recognition of a legal entity’s or individual entrepreneur’s capacity to carry out the works and/or provide the services of ensuring the uniformity of measurements in keeping with the present Federal Law. These works and/or services are as follows:
1) the attestation of the measurement methodologies (methods) that have to do with the area of state regulation of arrangements for the uniformity of measurements;
2) the testing of standard specimens or means of measurement for the purposes of confirming a type;
3) the verification of means of measurement;
4) a compulsory metrological expert examination of standards products, design, construction and technological documentation and other facilities that is carried out in the cases envisaged by the legislation of the Russian Federation.
2. Accreditation in the area of arrangements for the uniformity of measurement shall be carried out on the basis of the following principles:
1) voluntary participation;
2) the expert knowledge and independence of accreditation experts;
3) the prohibition of combining the powers of accreditation and the performance of the works and/or services specified in Part 1 of the present article;
4) the use of uniform accreditation rules, and the transparency and accessibility thereof;
5) the provision of equal conditions for the persons contending for accreditation;
6) the prohibition of illegal restrictions on the rights of accredited legal entities and individual entrepreneurs to perform works and/or services in the area of arrangements of the uniformity of measurements for all consumers (customers) on the entire territory of the Russian Federation.
3. The regulations on a system of accreditation in the area of arrangements for the uniformity of measurements that designate the federal executive governmental body responsible for accreditation in the area of arrangements for the uniformity of measurements and contain the structure of the system, an accreditation procedure, a procedure for setting accreditation criteria, a procedure for attestation of the accreditation experts recruited on a contractual basis by the federal executive governmental body responsible for accreditation in the area of arrangements for the uniformity of measurements and a procedure for payment for the work of said experts shall be endorsed by the Government of the Russian Federation.
Chapter 6. The Federal Information Fund for Ensuring the Uniformity of Measurements
Article 20. The Federal Information Fund for Ensuring the Uniformity of Measurements
1. Normative legal acts of the Russian Federation, normative documents, information databases, international documents, international treaties of the Russian Federation in the area of arrangements for the uniformity of measurements, information attested measurement methodologies (methods), a comprehensive list of the measurements relating to the area of state regulation of arrangements for the uniformity of measurements, information on state unit standards, information on confirmed types of standard specimens or types of means of measurement, information on the results of verification of means of measurement shall make up the Federal Information Fund for Ensuring the Uniformity of Measurements. The keeping of the Federal Information Fund for Ensuring the Uniformity of Measurements and the provision of the information contained therein shall be Organized by the federal executive governmental body charged with the function of state service provision and state property management in the area of arrangements for the uniformity of measurements.
2. In the procedure established by Part 3 of the present article persons concerned shall be provided with the documents and information contained in the Federal Information Fund for Ensuring the Uniformity of Measurements, except for cases when such access to said documents and information is to be restricted in the interests of non-disclosure of state, commercial, service and/or other law-protected secrets.
3. The procedure for setting up and keeping the Federal Information Fund for Ensuring the Uniformity of Measurements, for the transfer of information into it and provision of the documents and information contained therein shall be established by the federal executive governmental body charged with the functions of state policy elaboration and normative legal regulation in the area of arrangements for the uniformity of measurements.
Chapter 7. The Organizational Foundation Ensuring the Uniformity of Measurements
Article 21. The Federal Executive Governmental Bodies, State Scientific Metrological Institutes, State Regional Metrology Centres, Metrology Services and Organizations Pursuing the Activity of Ensuring the Uniformity of Measurements
1. The activity of ensuring the uniformity of measurement is based on the legislation of the Russian Federation on ensuring the uniformity of measurements and it shall be pursued by:
1) the federal executive governmental bodies charged with the functions of state policy elaboration and normative legal regulation, state service provision and state property management in the area of arrangements for the uniformity of measurements and state metrological supervision;
2) the state scientific metrological institutes and state regional metrology centers which are under the jurisdiction of the federal executive governmental body charged with the functions of state service provision and state property management in the area of arrangements for the uniformity of measurements;
3) the State Service on Time, Frequency and Assessment of Earth Rotation Parameters, the State Service on Standard Reference Data on Physical Constants and the Properties of Substances and Materials, the State Service on Standard Specimens of Composition and Properties of Substances and Materials directed by the federal executive governmental body charged with the functions of state service provision and state property management in the area of arrangements for the uniformity of measurements;
4) metrological services, including the legal entities and individual entrepreneurs accredited in the established procedure in the area of arrangements for the uniformity of measurements.
2. Below are the basic tasks of the federal executive governmental bodies charged with the functions of state policy elaboration and normative legal regulation, state service provision and state property management in the area of arrangements for the uniformity of measurements and state metrological supervision:
1) state policy elaboration and normative legal regulation in the area of arrangements for the uniformity of measurements and also the coordination of the activity of normative legal regulation in this area;
2) the Organization of interaction with governmental bodies of foreign states and with international Organizations in the area of arrangements for the uniformity of measurements;
3) state policy implementation in the area of arrangements for the uniformity of measurements;
4) the coordination of the activity of implementing state policy in the area of arrangements for the uniformity of measurements;
5) the carrying out of state metrological supervision and the coordination of the activity of implementing it.
3. The distribution of powers among the federal executive governmental bodies charged with the functions of state policy elaboration and normative legal regulation, state service provision and state property management in the area of arrangements for the uniformity of measurements and state metrological supervision shall be done by the Government of the Russian Federation.
4. Below are the basic tasks of state scientific metrological institutes:
1) carrying out fundamental and applied scientific research, experimental development and pursuing scientific and technological activities in the area of arrangements for the uniformity of measurements;
2) elaborating, improving, maintaining, comparing and using primary state unit standards;
3) transferring units from primary state unit standards;
4) taking part in the elaboration of draft normative documents in the area of arrangements for the uniformity of measurements;
5) carrying out a compulsory metrological expert examination of the requirements applicable to measurements, standard specimens and means of measurement contained in draft normative legal acts of the Russian
Federation;
6) creating and keeping the Federal Information Fund for Ensuring the Uniformity of Measurements and providing the documents and information contained therein;
7) taking part in international cooperation in the area of metrology.
5. Also state scientific metrological institutes may carry out the other works and/or provide the other services whereby the uniformity of measurements is ensured.
6. Below are the basic tasks of state regional metrology centers:
1) verifying means of measurement in accordance with the scope of accreditation established;
2) improving, maintaining and using the state unit standards used to ensure the traceability of other unit standards and means of measurements to primary state unit standards.
7. Also state regional metrology centers may carry out the other works and/or provide the other services whereby the uniformity of measurements is ensured.
8. The State Service on Time, Frequency and Assessment of Earth Rotation Parameters shall carry out the scientific and technological as well as metrological activities of reproducing a national time scale and standard frequencies, assessing the parameters of the Earth’s rotation and also catering for the state’s need for standard time and frequency signals and for information on the parameters of the Earth’s rotation.
9. The State Service on Standard Specimens of Composition and Properties of Substances and Materials shall carry out the activity of elaborating, testing and introducing standard specimens of composition and properties of substances and materials for the purposes of ensuring the uniformity of measurements on the basis of application of said standard specimens and also the activity of keeping relevant sections of the Federal Information Fund for Ensuring the Uniformity of Measurements.
10. The State Service on Standard Reference Data on Physical Constants and the Properties of Substances and Materials shall carry out the activity of elaborating and introducing standard reference data on physical constants and the properties of substances and materials in science and technology for the purposes of ensuring the uniformity of measurements on the basis of application of said standard reference data and also the activity of keeping relevant sections of the Federal Information Fund for Ensuring the Uniformity of Measurements.
11. The State Service on Time, Frequency and Assessment of Earth Rotation Parameters, the State Service on Standard Reference Data on Physical Constants and the Properties of Substances and Materials and the State Service on Standard Specimens of Composition and Properties of Substances and Materials shall carry out activities in compliance with regulations on them endorsed by Decision of the Government of the Russian Federation.
Article 22. The Metrological Services of Federal Executive Governmental Bodies
1. The federal executive governmental bodies that carry out functions in the areas of activity specified in Parts 3 and 4 of Article
1 of the present Federal Law shall form metrological services and/or designate officials for the purpose of organizing the activity of ensuring the uniformity of measurements in the established procedure within the scope of their powers.
2. The rights and duties of the metrological services of federal executive governmental bodies and the procedure for organizing and coordinating their activities shall be defined by regulations on the metrological services endorsed by the heads of the federal executive governmental bodies that have set up metrological services by agreement with the federal executive governmental bodies charged with the functions of state policy elaboration and normative legal regulation in the area of arrangements for the uniformity of measurements.
Chapter 8. Liabilities for a Breach of the Legislation of the Russian Federation on Ensuring the Uniformity of Measurements
Article 23. The Liabilities of Legal Entities, Their Heads and Employees and Individual Entrepreneurs
The legal entities, their heads and employees and the individual entrepreneurs that have committed a breach of the legislation of the Russian Federation on ensuring the uniformity of measurements, that are obstructing without good reason the performance of state metrological supervision and/or defaulting within the established term on the performance of orders of the federal executive governmental bodies charged with state metrological supervision on elimination of irregularities discovered shall be liable under the legislation of the Russian Federation.
Article 24. The Liabilities of Officials
1. For breaches of the legislation of the Russian Federation on ensuring the uniformity of measurements officials of the federal executive governmental bodies that carry out the functions of state policy elaboration and normative legal regulation, state service provision, state property management in the area of arrangements for the uniformity of measurements and also the federal executive governmental bodies responsible for state metrological supervision and the organizations subordinated thereto shall be liable under the legislation of the Russian Federation.
2. The actions (omissions) of officials are subject to appeal under the legislation of the Russian Federation. An appeal taken from actions (omissions) of officials shall not suspend the performance of their orders, except for the cases established by the legislation of the Russian Federation.
Chapter 9. Financing in the Area of Arrangements for the Uniformity of Measurements
Article 25. Financing in the Area of Arrangements for the Uniformity of Measurements with Federal Budget Funds
Federal budget funds shall be used to finance expenditures towards:
1) the elaboration, improvement and maintenance of primary state unit standards;
2) the elaboration and improvement of state unit standards;
3) fundamental research in the field of metrology;
4) the performance of works relating to the activities of the State
Service on Time, Frequency and Assessment of Earth Rotation Parameters, the State Service on Standard Reference Data on Physical Constants and the Properties of Substances and Materials and the State Service on Standard Specimens of Composition and Properties of Substances and Materials;
5) the elaboration of the normative documents in the area of arrangements for the uniformity of measurements endorsed by federal executive governmental bodies;
6) the performance of the work of state metrological supervision;
7) the comparison of primary state unit standards with the unit standards of the International Bureau of Measures and Weights and national unit standards of foreign states;
8) the payment of the Russian Federation’s contributions to international metrology organizations;
9) the formation and keeping of the Federal Information Fund for Ensuring the Uniformity of Measurements;
10) payment for the work of accreditation experts recruited on a contractual basis by the federal executive governmental body charged with accreditation in the area of arrangements for the uniformity of measurements.
Article 26. Payment for the Works and/or Services Ensuring the Uniformity of Measurements
1. The works and/or services of carrying out a compulsory metrological expert examination of the requirements contained in draft normative legal acts of the Russian Federation as applicable to measurements, standard specimens and means of measurement, of transferring units from state unit standards and of verifying the means of measurements included in a list of the means of measurement which are verified only by the state regional metrology centres accredited in the area of arrangements for the uniformity of measurements shall be paid for at regulated prices in the procedure established by the Government of the Russian Federation.
2. The works and/or services of carrying out a test of standard specimens or means of measurement for the purposes of confirming a type, attesting measurement methodologies (methods), the metrological expert examination specified in Parts 2 and 4 of Article 14 of the present Federal Law, of verifying the means of measurement not included in the list of means of measurement specified in Part 1 of the present article and of calibrating means of measurements shall be paid for by persons concerned in accordance with the terms of agreements (contracts), except as otherwise envisaged by the legislation of the Russian Federation.
Chapter 10. Conclusive Provisions
Article 27. Conclusive Provisions
1. The normative legal acts of the Russian Federation envisaged by the present Federal Law, except for the normative legal acts of the Russian Federation deemed legislation of the Russian Federation on technical regulation shall be adopted within two years after the entry into force of the present Federal Law.
2. Before the entry into force of the present Federal Law the federal executive governmental bodies responsible for normative legal regulation in the areas of activity specified in Part 3 of Article 1 of the present Federal Law shall determine within the scope of their powers lists of the measurements deemed to be within the area of state regulation of arrangements for the uniformity of measurements by agreement with the federal executive governmental body charged with the functions of state policy elaboration and normative legal regulation in the area of arrangements for the uniformity of measurements.
3. The normative legal acts of the Government of the Russian Federation and also the metrological rules and norms adopted pursuant to Law of the Russian Federation No. 4871-I of April 27, 1993 on Ensuring the Uniformity of Measurements shall keep effective in as much as they are consistent with the present Federal Law from the date of entry into force of the present Federal Law and until the entry into force of the normative legal acts of the Russian Federation envisaged by the present Federal Law.
4. The documents issued in compliance with the metrological rules and norms specified in Part 3 of the present article shall keep effective until the end of their effective term.
Article 28. On Deeming as No Longer Effective Some Legislative Acts (Provisions of Legislative Acts) of the Russian
Federation As of the date of entry into force of the present Federal Law the following shall be deemed no longer effective:
1) Law of the Russian Federation No. 4871-I of April 27, 1993 on Ensuring the Uniformity of Measurements (Vedomosti S’ezda Narodnykh Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy Federatsii, item 811, No. 23, 1993);
2) Resolution of the Supreme Soviet of the Russian Federation No. 4872-I of April 27, 1993 on Putting into Force the Law of the Russian Federation on Ensuring the Uniformity of Measurements (Vedomosti S’ezda Narodnykh Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy Federatsii, item 812, No. 23, 1993);
3) Article 7 of Federal Law No. 15-FZ of January 10, 2003 on Amending Some Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law on Licensing Specific Types of Activity (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 167, No. 2, 2003).
Article 29. The Entry into Force of the Present Federal Law
The present Federal Law shall enter into force upon the expiry of 180 days after its official publication.
President of the Russian Federation D.Medvedev
The Kremlin,
Moscow
