Who develops technical regulations and by whom it is approved. The procedure for the development, adoption, amendment and cancellation of technical regulations. Technical regulations of the Customs Union

1. Technical regulations are adopted by federal law in the manner established for the adoption of federal laws, taking into account the provisions of this Federal law.
2. Any person can be the developer of the draft technical regulation.
3. A notice must be published on the development of a draft technical regulation in the printed publication of the federal executive body for technical regulation and in information system general use in electronic digital form.
A notice on the development of a draft technical regulation must contain information on which products, production processes, operation, storage, transportation, sale and disposal the developed requirements will be established, with a brief statement of the purpose of this technical regulation, justification of the need for its development and an indication of those developed requirements that differ from the provisions of the relevant international standards or mandatory requirements in force in the territory Russian Federation at the time of the development of the draft of this technical regulation, and information on the method of familiarization with the draft technical regulation, name or surname, name, patronymic of the developer of the draft of this technical regulation, postal address and, if available, address emailon which comments of interested parties should be received in writing.
4. From the moment of publication of the notice on the development of the draft technical regulation, the corresponding draft technical regulation should be available to interested parties for familiarization. The developer is obliged, at the request of the interested person, to provide him with a copy of the draft technical regulation. The fee charged to provide this copy may not exceed the cost of making it.
The developer finalizes the draft technical regulation taking into account the comments of interested parties received in writing, conducts a public discussion of the draft technical regulation and compiles a list of the comments of interested parties received in writing with a summary of the content of these comments and the results of their discussion.
The developer is obliged to keep the comments of interested parties received in writing until the day of entry into force of the adopted by the relevant regulatory legal act technical regulations and provide them to deputies of the State Duma, representatives of federal executive bodies and the expert commissions on technical regulation specified in paragraph 9 of this article at their request.
The period of public discussion of the draft technical regulation from the date of publication of the notice on the development of the draft technical regulation to the date of publication of the notice of the completion of the public discussion cannot be less than two months.
5. The notice of completion of the public discussion of the draft technical regulation must be published in the printed publication of the federal executive body for technical regulation and in the public information system in electronic digital form.
The notification of the completion of the public discussion of the draft technical regulation must include information on the method of familiarization with the draft technical regulation and the list of comments received in writing from interested parties, as well as the name or surname, name, patronymic of the developer of the draft technical regulation, postal address and, if available, address e-mail, which can be used to communicate with the developer.
From the date of publication of the notice of the completion of the public discussion of the draft technical regulation, the revised draft technical regulation and the list of interested parties' comments received in writing should be available to interested parties for familiarization.
6. The federal executive body for technical regulation is obliged to publish in its printed publication notifications on the development of a draft technical regulation and completion of public discussion of this draft within ten days from the date of payment for the publication of notifications. The procedure for publishing notifications and the amount of payment for their publication are established by the Government of the Russian Federation.
7. Submission by the legal entity of the legislative initiative of the draft federal law on technical regulations to the State Duma is carried out in the presence of the following documents:
substantiation of the need to adopt a federal law on technical regulations with an indication of those requirements that differ from the provisions of the relevant international standards or mandatory requirements in force on the territory of the Russian Federation at the time of the development of the draft technical regulation;
financial and economic justification for the adoption of the federal law on technical regulations;
documents confirming the publication of a notice on the development of a draft technical regulation in accordance with paragraph 3 of this article;
documents confirming the publication of a notice of completion of the public discussion of the draft technical regulation in accordance with paragraph 5 of this article;
a list of interested parties' comments received in writing, specified in paragraph 4 of this article.
The draft federal law on technical regulations submitted to the State Duma with the attachment of the documents specified in this paragraph is sent by the State Duma to the Government of the Russian Federation. On the draft federal law on technical regulations, the Government of the Russian Federation within a month sends to the State Duma a response prepared taking into account the conclusion of the expert commission on technical regulation.
8. The draft federal law on technical regulations, adopted by the State Duma in the first reading, is published in the printed edition of the federal executive body for technical regulation and in the public information system in electronic digital form.
After the deadline for their submission, amendments to the draft federal law on technical regulations adopted in the first reading shall be published in the public information system in digital form no later than one month before the State Duma considers the draft federal law on technical regulations in the second reading.
The federal executive body for technical regulation is obliged to publish in its printed publication a draft federal law on technical regulations within ten days from the date of payment for its publication. The procedure for publishing a draft federal law on technical regulations and the amount of payment for its publication are established by the Government of the Russian Federation.
The draft federal law on technical regulations, prepared for the second reading, is sent by the State Duma to the Government of the Russian Federation not later than one month before the State Duma considers the said draft in the second reading. On the draft federal law on technical regulation, the Government of the Russian Federation within a month sends to the State Duma a response prepared taking into account the opinion of the expert commission on technical regulation.
9. Expertise of draft technical regulations is carried out by expert commissions on technical regulation, which include representatives of federal executive authorities on an equal footing, scientific organizations, self-regulatory organizations, public associations of entrepreneurs and consumers. The procedure for the creation and operation of expert commissions for technical regulation is approved by the Government of the Russian Federation. The federal executive body for technical regulation approves the personal composition of expert commissions for technical regulation and ensures their activities. Meetings of expert commissions on technical regulation are open.
The conclusions of the expert commissions on technical regulation are subject to mandatory publication in the printed edition of the federal executive body for technical regulation and in the public information system in electronic digital form. The procedure for publishing such conclusions and the amount of payment for their publication are established by the Government of the Russian Federation.
10. In the event that a technical regulation does not comply with the interests of the national economy, the development of the material and technical base and the level of scientific and technological development, as well as international norms and rules, the Government of the Russian Federation is obliged to begin the procedure for amending the technical regulation or canceling the technical regulation.
Changes and additions to technical regulations or their cancellation are carried out in the manner prescribed by this Article and Article 10 of this Federal Law in terms of the development and adoption of technical regulations.

Technical regulations are adopted by federal law or by a decree of the Government of the Russian Federation in the manner established, respectively, for the adoption of federal laws and decrees of the Government of the Russian Federation.

Any person can be the developer of the draft technical regulation.

A notice on the development of a draft technical regulation must be published in the printed publication of the federal executive body for technical regulation and in the public information system in electronic digital form.

A notice on the development of a draft technical regulation must contain information on which products or which processes of design (including surveys), production, construction, installation, commissioning, operation, storage, transportation, sale and disposal will be installed developed requirements, with a brief statement of the purpose of this technical regulation, justification of the need for its development and an indication of those requirements being developed that differ from the provisions of the relevant international standards or mandatory requirements in force in the territory of the Russian Federation at the time of the development of the draft of this technical regulation, and information on the method of familiarization with draft technical regulation, name or surname, name, patronymic of the developer of the draft of this technical regulation, postal address and, if available, an e-mail address, which should be used to receive in writing comments interested parties.

From the moment of publication of the notice on the development of the draft technical regulation, the corresponding draft technical regulation should be available to interested parties for familiarization. The developer is obliged, at the request of the interested person, to provide him with a copy of the draft technical regulation. The fee charged to provide this copy may not exceed the cost of making it.

The developer finalizes the draft technical regulation taking into account the comments of interested parties received in writing, conducts a public discussion of the draft technical regulation and compiles a list of the comments of interested parties received in writing with a summary of the content of these comments and the results of their discussion.

The developer is obliged to keep the comments of interested parties received in writing until the day of entry into force of the technical regulations adopted by the relevant regulatory legal act and provide them to the deputies of the State Duma, representatives of federal executive bodies and the expert commissions for technical regulation specified in paragraph 9 of this article at their requests.

The period of public discussion of the draft technical regulation from the date of publication of the notice on the development of the draft technical regulation to the date of publication of the notice of the completion of the public discussion cannot be less than two months.

The notice of the completion of the public discussion of the draft technical regulation must be published in the printed publication of the federal executive body for technical regulation and in the public information system in electronic digital form.

The notification of the completion of the public discussion of the draft technical regulation must include information on the method of familiarization with the draft technical regulation and the list of comments received in writing from interested parties, as well as the name or surname, name, patronymic of the developer of the draft technical regulation, postal address and, if available, address e-mail, through which the developer can be contacted.

From the date of publication of the notice of completion of the public discussion of the draft technical regulation, the revised draft technical regulation and the list of interested parties' comments received in writing should be available to interested parties for familiarization.

The federal executive body for technical regulation is obliged to publish in its printed publication notifications about the development of a draft technical regulation and the completion of public discussion of this draft within ten days from the date of payment for the publication of notifications. The procedure for publishing notifications and the amount of payment for their publication are established by the Government of the Russian Federation.

Submission by the legal entity of the legislative initiative of the draft federal law on technical regulations to the State Duma is carried out in the presence of the following documents:

Justification of the need to adopt a federal law on technical regulations with an indication of those requirements that differ from the provisions of the relevant international standards or mandatory requirements in force on the territory of the Russian Federation at the time of the development of the draft technical regulation;

Financial and economic substantiation of the adoption of the federal law on technical regulations;

List of interested parties' comments received in writing.

The draft federal law on technical regulations submitted to the State Duma with the attachment of documents is sent by the State Duma to the Government of the Russian Federation. Within ninety days, the Government of the Russian Federation sends a response to the draft federal law on technical regulations to the State Duma, prepared taking into account the opinion of the expert commission on technical regulation. A draft federal law on technical regulations may be considered by the State Duma in the first reading without a revocation by the Government of the Russian Federation in the event that the revocation of the Government of the Russian Federation was not submitted to the State Duma within the specified period.

The draft federal law on technical regulations, adopted by the State Duma in the first reading, is published in the printed edition of the federal executive body for technical regulation and in the public information system in digital form.

After the deadline for their submission, amendments to the draft federal law on technical regulations adopted in the first reading shall be published in the public information system in electronic digital form no later than one month before the State Duma considers the draft federal law on technical regulations in the second reading.

The federal executive body for technical regulation is obliged to publish in its printed publication a draft federal law on technical regulations within ten days from the date of payment for its publication. The procedure for publishing a draft federal law on technical regulations and the amount of payment for its publication are established by the Government of the Russian Federation.

The draft federal law on technical regulations, prepared for the second reading, is sent by the State Duma to the Government of the Russian Federation. On the draft federal law on technical regulations, the Government of the Russian Federation within sixty days sends to the State Duma a response prepared taking into account the conclusion of the expert commission on technical regulation. The draft federal law on technical regulations may be considered by the State Duma in the second reading without a revocation by the Government of the Russian Federation in the event that the revocation of the Government of the Russian Federation was not submitted to the State Duma within the specified period.

The draft resolution of the Government of the Russian Federation on technical regulations, prepared for consideration at a meeting of the Government of the Russian Federation, no later than thirty days before the date of its consideration, is sent for examination to the appropriate expert commission on technical regulation. The draft resolution of the Government of the Russian Federation on technical regulations is considered at the meeting. The Government of the Russian Federation, taking into account the conclusion of the relevant expert commission on technical regulation.

The draft resolution of the Government of the Russian Federation on technical regulations must be published in the printed publication of the federal executive body for technical regulation and posted in the public information system in electronic digital form no later than thirty days before the day of its consideration at a meeting of the Government of the Russian Federation. The procedure for publishing and posting this draft resolution is established by the Government of the Russian Federation.

Examination of draft technical regulations is carried out by expert commissions on technical regulation, which, on a parity basis, include representatives of federal executive bodies, scientific organizations, self-regulatory organizations, public associations of entrepreneurs and consumers. The procedure for the creation and operation of expert commissions for technical regulation is approved by the Government of the Russian Federation. The federal executive body for technical regulation approves the personnel of the expert commissions for technical regulation and ensures their activities. Meetings of expert commissions on technical regulation are open.

The conclusions of the expert commissions on technical regulation are subject to mandatory publication in the printed publication of the federal executive body for technical regulation and in the public information system in electronic digital form. The procedure for publishing such conclusions and the amount of payment for their publication are established by the Government of the Russian Federation.

In the event that technical regulations do not comply with the interests of the national economy, the development of the material and technical base and the level of scientific and technological development, as well as international norms and rules enacted in the Russian Federation in the prescribed manner, the Government of the Russian Federation or the federal executive body for technical regulation shall be obliged start the procedure for amending the technical regulation or canceling the technical regulation.

1.6. State control over compliance with the requirements of technical regulations

State control over compliance with the requirements of technical regulations is carried out by federal executive bodies, executive bodies of the constituent entities of the Russian Federation, subordinate to them government agenciesauthorized to conduct state control in accordance with the legislation of the Russian Federation.

State control over compliance with the requirements of technical regulations is carried out in relation to products or related processes of design, production, construction, installation, adjustment, operation, storage, transportation, sale and disposal solely in terms of compliance with the requirements of the relevant technical regulations.

With regard to products, state control over compliance with the requirements of technical regulations is carried out exclusively at the stage of product circulation.

When implementing measures for state control over compliance with the requirements of technical regulations, the rules and methods of research and measurements established for the relevant technical regulations are used.

1. Bodies of state control have the right:

Require the manufacturer (seller, person performing the functions of a foreign manufacturer) to submit a declaration of conformity or a certificate of conformity confirming the conformity of products to the requirements of technical regulations, or their copies;

Carry out measures for state control over compliance with the requirements of technical regulations;

Issue instructions on elimination of violations of the requirements of technical regulations within a period established taking into account the nature of the violation;

Send information on the need to suspend or terminate the validity of the certificate of conformity to the issuing certification body;

Issue an order to suspend or terminate the declaration of conformity to the person who accepted the declaration, and inform the federal executive body organizing the formation and maintenance of single register declarations of conformity;

Bring the manufacturer (executor, seller, person performing the functions of a foreign manufacturer) to responsibility under the laws of the Russian Federation;

Take other measures provided for by the legislation of the Russian Federation in order to prevent harm.

2. Bodies of state control are obliged:

Carry out, in the course of measures for state control over compliance with the requirements of technical regulations, explanatory work on the application of the legislation of the Russian Federation on technical regulation, inform about existing technical regulations;

Follow trade secret and other secrets protected by law;

Observe the procedure for the implementation of measures for state control over compliance with the requirements of technical regulations and registration of the results of such measures, established by the legislation of the Russian Federation;

Based on the results of measures for state control over compliance with the requirements of technical regulations, take measures to eliminate the consequences of violations of the requirements of technical regulations;

Send information on non-compliance of products with the requirements of technical regulations;

Exercise other powers stipulated by the legislation of the Russian Federation.

Technical regulations are adopted by federal law in the manner established for the adoption of federal laws, taking into account the provisions of the Federal Law "On Technical Regulation". The stages of development and adoption of technical regulations are presented in Figure 1.

2.4.1 Development and public discussion of the draft technical regulation

Any person can be the developer of the draft technical regulation (hereinafter - the draft), that is, the development of mandatory requirements ceases to be a state monopoly. The federal executive body for technical regulation is obliged to publish the notice of the development of the project in its sources - in the printed edition ("Bulletin of Gosstandart") in Russian and in the public information system (www.gost.ru) in digital form.

The project development notice states:

What objects does it apply to;

The purpose of developing technical regulations;

Justification of the need for its development and an indication of those developed requirements that differ from the provisions of the relevant international standards or mandatory requirements in force on the territory of the Russian Federation;

Information about the way to get acquainted with it;

Developer data (name or surname, name, patronymic of the developer, postal address and, if available, an e-mail address, which should be used to receive written comments from interested parties).

Figure 1 - Stages of development and adoption of technical regulations

From the moment the notice is published, the project should be available to interested parties for review. The developer is responsible for providing a copy of the project. The developer finalizes the draft, taking into account the comments of stakeholders received in writing, conducts its public discussion and compiles a list of comments received in writing from stakeholders with a summary of the content of these comments and the results of their discussion.

The developer is obliged to keep the comments of interested parties received in writing until the day of entry into force of the technical regulations adopted by the relevant regulatory legal act and provide them to the deputies of the State Duma, representatives of federal executive bodies to expert commissions on technical regulation (hereinafter referred to as the expert commission) at their requests.

The period for public discussion of a project from the date of publication of the notice of its development until the date of publication of the notice of completion of public discussion cannot be less than two months.

The notice of the completion of the public discussion of the project must be published by the Federal Executive Body for Technical Regulation in the same sources as the notice of the development of the project.

The notice of the completion of the public discussion of the project must include information:

The way to get acquainted with the project and the list of comments received in writing from stakeholders;

Developer data.

From the date of publication of the notice of the completion of the public discussion of the draft, the revised draft and the list of comments received in writing from interested parties should be available to interested parties for review.

The federal executive body for technical regulation is obliged to publish notices within ten days from the date of payment for their publication. The order of publication and the size of the fee are established by the Government of the Russian Federation.

2.4.2 Adoption of the federal law on technical regulations

Submission by the legal entity of the legislative initiative of the draft federal law on technical regulations (hereinafter referred to as the draft federal law) to the State Duma is carried out in the presence of the following documents:

Financial and economic substantiation of the adoption of the federal law on technical regulations;

List of interested parties' comments received in writing.

The right of legislative initiative in accordance with Article 104 of the Constitution of the Russian Federation belongs to:

The President of the Russian Federation;

The Federation Council;

Members of the Federation Council;

Deputies of the State Duma;

The Government of the Russian Federation;

To the legislative bodies of the constituent entities of the Russian Federation.

The draft federal law submitted to the State Duma with an attachment required documents sent by the State Duma to the Government of the Russian Federation. Within a month, the Government of the Russian Federation sends a response to the draft federal law to the State Duma, prepared taking into account the conclusion of the expert commission.

The draft federal law, adopted by the State Duma in the first reading, is published in the sources of the federal executive body for technical regulation. Amendments to it, after the deadline for their submission, are published in the same sources.

The draft federal law, prepared for the second reading, is sent by the State Duma to the Government of the Russian Federation not later than one month before the State Duma considers the said draft in the second reading. Within a month, the Government of the Russian Federation sends a response to the draft federal law to the State Duma, prepared taking into account the conclusion of the expert commission.

The federal executive body for technical regulation is obliged to publish the draft federal law within ten days from the date of payment for its publication. The procedure for publishing the size of the fee is established by the Government of the Russian Federation.

Examination of draft technical regulations is carried out by expert commissions, which on an equal footing include representatives of federal executive authorities, scientific organizations, self-regulatory organizations, public associations of entrepreneurs and consumers.

The procedure for the creation and operation of expert commissions on technical regulation is approved by the Government of the Russian Federation. The federal executive body for technical regulation approves the personnel of the expert commissions and ensures their activities. Meetings of expert commissions are open.

The conclusions of the expert commissions are subject to mandatory publication by the federal executive body for technical regulation in its sources. The order of their publication and the size of the fee are established by the Government of the Russian Federation.

2.4.3 Changes to technical regulations or their cancellation

If the technical regulation does not correspond to the interests of the national economy, the development of the material and technical base and the level of scientific and technological development, as well as international norms and rules, the Government of the Russian Federation is obliged to begin the procedure for amending the technical regulation or canceling the technical regulation.

STRUCTURE OF THE TECHNICAL REGULATIONS

1. Application area regulations and objects of technical regulation

The area of \u200b\u200bdistribution of this TR, the relationship with other TRs, the list of objects of technical regulation, to which this TR applies and does not apply, are indicated.

2. Basic concepts

The terms that are important for an unambiguous understanding of the provisions of the TR are given, and their definitions (i.e. key concepts).

3. General Provisions for placement on the Russian market

It is indicated that products cannot be placed on the Russian market if they are capable of having a harmful effect on people, property, and the environment; methods of sale (by catalogs, via the Internet, shops, markets, etc.)

4. Product requirements .

5. Application of standards (presumption of conformity)

Principle presumptions of conformity lies in the fact that the general (minimum necessary) requirements of a technical regulation can be ensured by the fulfillment of the detailed requirements of national standards harmonized with this regulation.

Simultaneously with the draft technical regulation, a draft list of harmonized standards proposed for application in order to comply with relevant requirements of this regulation.

The section should establish specific provisions in the event that harmonized standards are not available or the manufacturer does not wish to apply them.

6. Confirmation of compliance

Objects of confirmation of conformity are determined, the form of mandatory confirmation of compliance is indicated - declaration or mandatory certification (the priority form according to the Federal Law on technical regulation is declaration, mandatory certification is applied in case of a high degree of potential hazard of products)

7. State control (supervision )

The procedures for exercising control and supervision are described.

8. Appointment of the federal executive body responsible for the implementation of the TR.

Technical regulations are adopted Federal law in the manner established for the adoption of federal laws:

· Project development ;

· Publishing a notice on the development of the draft TR in the printed publication of the federal executive body for technical regulation - the Ministry of Industry and Energy of Russia ("Bulletin of Technical Regulation") and in the public information system in electronic digital form (for example, the Internet publication " Russian newspaper»);

· Acquaintance with the TR project all interested parties, making comments and suggestions;

· Finalization of the TR project taking into account comments and suggestions;

· Public discussion of the TR project ;

· Publication of a notice of completion of public discussion of the draft TR in the printed edition of the Ministry of Industry and Energy of Russia ("Bulletin of Technical Regulation") and in the public information system in electronic digital form (for example, the Internet edition "Rossiyskaya Gazeta");

· Submission to the State Duma draft federal law about technical regulations;

The State Duma submits the draft Federal Law on TR to the Government of the Russian Federation which gives review for a project prepared taking into account the opinion of the expert commission on technical regulation, and sends it to the State Duma of the Russian Federation;

· The State Duma considers the draft federal law on TR in the first reading, adopts amendments, then considers the draft federal law on TR in the second reading and adopts this law.

In exceptional cases, when circumstances arise that lead to an immediate threat to the life and health of citizens, environment, RF President has the right to publish a TR without public discussion.

In some cases, TRs are accepted Decree of the Government of the Russian Federation, bypassing the State Duma, and An international treaty(when importing products into the Russian Federation)

Currently there are 14 regulations in force:

Technical regulations on the safety of buildings and structures, The federal law No. 384-FZ dated December 30, 2009.
Technical regulations on the safety requirements of blood, its products, blood substitute solutions and technical meansused in transfusion - infusion therapy. Approved by the Decree of the Government of the Russian Federation dated January 26, 2010 No. 29.
Technical regulations on the safety of machinery and equipment, approved by the Decree of the Government of the Russian Federation of September 15, 2009 No. 753.
Technical regulations on the safety of wheeled vehicle , approved by the Decree of the Government of the Russian Federation of September 10, 2009 No. 720.
Technical regulations on the requirements for automobile and aviation gasoline, diesel and marine fuel, fuel for jet engines and fuel oil, approved by the Decree of the Government of the Russian Federation No. 118 of February 27, 2008.
Technical regulations for tobacco products, Federal Law No. 268-ФЗ dated December 22, 2008.
Technical regulations for fruit and vegetable juice productsshchei, Federal Law No. 178-ФЗ dated October 27, 2008.
Technical regulations on fire safety requirementsand, Federal Law No. 123-FZ of July 22, 2008.
Technical regulations for fat and oil products, Federal Law No. 90-FZ of June 24, 2008.
Technical regulations for milk and dairy products, Federal Law No. 88-FZ of June 12, 2008.
Special technical regulation "On the requirements for emissions of harmful (polluting) substances by automobile equipment put into circulation on the territory of the Russian Federation." Resolution of the Government of the Russian Federation of October 12, 2005 No. 609
Technical Regulations on Elevator Safety... Approved by the Decree of the Government of the Russian Federation of October 2, 2009 No. 782. (entered into force on October 12, 2010)
Technical regulations on the safety of pyrotechnic compositions and products containing them... Approved by the Decree of the Government of the Russian Federation of December 24, 2009 No. 1082.
Technical regulations on the safety of devices operating on gaseous fuel... Approved by Decree of the Government of the Russian Federation of February 11, 2010 N 65 (entered into force on January 1, 2011).

Approved, but not yet entered into force, 9 regulations:

Technical regulations on the safety of maritime transport facilities... Approved by the decree of the Government of the Russian Federation of 12.08.2010 No. 620. (comes into force on 23.08.2011)
Technical regulations on the safety of gas distribution and gas consumption networks... Approved by the Resolution of the Government of the Russian Federation of October 29, 2010 No. 870 (comes into force on November 8, 2011).
Technical regulations on the safety of equipment for use in explosive environments. Approved by the Resolution of the Government of the Russian Federation of February 24, 2010 N 86. (comes into force on January 1, 2012)
Technical regulations on the safety of products intended for children and adolescents... Approved by the Decree of the Government of the Russian Federation No. 307 dated April 7, 2009. (in force from 01.01.2012)
Technical regulations on the safety of inland waterway transport facilities... Approved by Decree of the Government of the Russian Federation of 12.08.2010 No. 623. (comes into force on 23.02.2012)
Technical regulations on the safety of personal protective equipment.Approved by the Decree of the Government of the Russian Federation of December 24, 2009 No. 1213 (comes into force on July 1, 2012)
Technical regulations on the safety of high-speed rail transport... Approved by the decree of the Government of the Russian Federation of 15.07. 2010 No. 533. (comes into force on 26.07.2013)
Technical Regulations on the Safety of Railway Transport Infrastructure... Approved by the Decree of the Government of the Russian Federation of July 15, 2010 No. 525. (comes into force on July 26, 2013)
Technical regulations on the safety of railway rolling stock. Approved by the Decree of the Government of the Russian Federation of July 15, 2010 No. 524. (comes into force on 2.08.2013)

The procedure for developing, adopting, changing and canceling technical regulations is discussed in detail in Art. 9 chapter 2 of the Law "On technical regulation". Before creating a draft technical regulation, you need to clearly formulate the following concepts:

1) the object for which, in fact, the technical regulations will be created;

2) the purpose of the development of this regulation;

3) a list of basic requirements for the object;

4) a list of mandatory requirements for the facility established on the territory of the Russian Federation;

5) list International standardsmaking their requirements to the object.

Further, the above-mentioned normative act very clearly formulates the main points of the development of the draft technical regulation. So, as the developer of the draft technical regulation, any person can act: physical and legal.

The stages of development of technical regulations are formulated,which include:

Stage 1:collection of applications for the development of technical regulations. State bodies, organizations, various public associations, scientific and technical societies, companies and firms, and private entrepreneurs can act as applicants;

Stage 2:the organizational stage at which all work on the organization of the project is carried out Federal Agency on technical regulation and metrology;

Stage 3:the draft technical regulation in the first edition must be brought in line with the current legislative frameworkand also with international rules and norms and National standards foreign countries;

Stage 4:there is a publication of a notice on the development of technical regulations in one of the printed publications Federal executive body for technical regulation, as well as information source so-called "general use", as a rule, in electronic digital form. There are special recommendations on the content of the notification about the work on the creation of a draft technical regulation.

Thus, this notice should include information on the following issues:

1) for which goods, processes of production, storage, transportation, use, sale and disposal requirements are being developed;

2) for what purpose is it being developed this regulation;

3) direct presentation necessary requirementsthat are not a repetition already existing requirementsset out in any international regulations or in national standards;

4) information about how familiarization with the created document will take place in the future;

5) the name of the organization or the initials of the person developing this project regulations, its postal and electronic coordinates, using which comments of interested parties are accepted;

Stage 5:public discussion of the project;

Stage 6:receiving feedback on the project;

Stage 7:analysis of feedback received;

Stage 8:revision of the project with the introduction of changes taking into account the received written comments of stakeholders;

Stage 9:conducting a public discussion of the draft technical regulation;

Stage 10:adoption of the draft in the first reading;

Stage 11:compilation of a list of received written comments with a mandatory summary of the essence of these comments, as well as the results of their discussion;

Stage 12:examination of the finished draft of the technical regulation in the commission of experts on technical regulation, which may include both representatives of various Federal executive authorities and representatives of scientific institutions, public organizations, various foundations and institutions of consumers and entrepreneurs;

Stage 13:acceptance of the finished and revised draft in the second reading. It also provides for the procedure for the adoption and consideration of the draft Law of the Russian Federation "On technical regulations" in the State Duma and, further, in the government of the Russian Federation. The draft Law of the Russian Federation "On Technical Regulations" sent from the State Duma to the government of the Russian Federation is considered during a calendar month, during which a response must be sent to the State Duma, taking into account the provisions of the opinion issued by the expert commission on technical regulation. The draft Law of the Russian Federation "On Technical Regulations" prepared in this way is sent by the State Duma to the government of the Russian Federation for a second reading, but no later than a month before the above draft is considered in the State Duma also in the second reading. On this project, the Russian government is also obliged to send its response to the State Duma within a month, which also takes into account the conclusions received from the expert commission on technical regulation. Additions and changes to the technical regulation adopted in this way or its cancellation occur in the same order

Who develops technical regulations and by whom it is approved. The procedure for the development, adoption, amendment and cancellation of technical regulations. Technical regulations of the Customs Union

The last

You need to know