- Section I GENERAL PROVISIONS
- Section II NORMATIVE DOCUMENTS ON STANDARDIZATION AND REQUIREMENTS TO THEM
- Section III ORGANIZATION OF STANDARDIZATION WORKS
- Section IV CERTIFICATION OF PRODUCTS
- Section V FINANCING OF STANDARDIZATION WORKS, STIMULATION OF APPLICATION OF STATE STANDARDS
- Section VI INTERNATIONAL RELATIONS IN STANDARDIZATION AND CERTIFICATION
- Section VII FINAL PROVISIONS
DECREE OF THE CABINET OF MINISTERS OF UKRAINE
On Standardization and Certification
(Vidomosti Verkhovnoyi Rady (Verkhovna Rada Journal) (VVR), 1993, No. 27, article 289)
(As amended according to Laws No. 333/97-ВР of June 11, 1997, VVR, 1997, No. 31, article 201 No. 1288-XIV (1288-14) of December 14, 1999, VVR, 2000, No. 5, article34 No. 2134-III (2134-14) of December 7, 2000, VVR, 2001, No. 4, article 16 No. 2779-III (2779-14) of November 15, 2001, VVR, 2002, No. 9, article 68 No. 540-IV (540-15) of February 20, 2003, VVR, 2003, No. 16, article 126 No. 543-IV (543-15) of February 20, 2003, VVR, 2003, No. 16, article 128 No. 1407-IV (1407-15) of February 3, 2004, VVR, 2004, No. 16, article 238 No. 2863-IV (2863-15) of September 8, 2005, VVR, 2005, No. 51, article 557)
(In the text of the Decree, words “State Committee of Ukraine on Standardization, Metrology and Certification” in all cases shall be replaced by words “central executive body on matters of technical regulation” in respective case according to Law No. 2863-IV (2863-15) of September 8, 2005)
This Decree determines legal and economic bases of the systems of standardization and certification, establishes organizational forms of their operation on the territory of Ukraine.
Section I
GENERAL PROVISIONS
Article 1. Scope of Activity of the Decree
The scope of this Decree shall cover enterprises, institutions and organizations regardless of their forms of ownership and types of activity which act on the territory of Ukraine, as well as citizens-entrepreneurial bodies.
(Article 2 is excluded on the basis of Law No. 543-IV (543-15) of February 20, 2003)
(Article 3 is excluded on the basis of Law No. 543-IV (543-15) of February 20, 2003)
Section II
NORMATIVE DOCUMENTS ON STANDARDIZATION AND REQUIREMENTS TO THEM
Article 4. Categories of Normative Documents on Standardization
1. Normative documents on standardization shall be divided into the following:
- state standards of Ukraine;
- branch standards;
- standards of scientific, technical and engineering (designing) companies and associations;
- technical conditions;
- standards of enterprises.
Building norms and rules, as well as state classifiers of technical, economic and social information shall be related to state standards of Ukraine. The procedure of division and application of state classifiers shall be established by the central executive body on matters of technical regulation.
2. International, regional and national standards of other countries shall be used in Ukraine according to its international treaties.
Interstate standards stipulated by the Agreement on conduction of coordinated policy in the sphere of standardization, metrology and certification signed in Moscow on March 13, 1992 (hereinafter referred to as “Interstate Standards”) shall be also applied as state standards of Ukraine.
Republican standards of Ukrainian SSR shall be applied as state standards until they are replaced or abolished.
The rules of application of standards stipulated by this Article on the territory of Ukraine shall be established by the central executive body on matters of technical regulation.
Article 5. State Standards of Ukraine
1. State standards of Ukraine shall be elaborated for:
- organizational, methodical and generally technical objects, namely:
- organization of conduction of works on standardization, scientific and technical terminology, classification and coding of technical, economic and social information, technical documents, informational technologies, organization of works on metrology, accurate information about properties of materials and substances;
- products of general machine-building application (bearings, instruments, fastening items etc.);
- components of common public objects of state importance (banking and financial system, transport, communication, energy system, environmental protection, defense etc.);
- products of interbranch assignment;
- products for population and public economy;
- methods of testing.
2. State standards of Ukraine contain mandatory and recommended requirements.
Mandatory requirements are:
- requirements that ensure safety of products for life, health and property of citizens, their compatibility and interchangeability, protection of environment, and requirements to methods of testing these indices;
- requirements of safety rules and hygiene of labour with reference to respective sanitary norms and rules;
- metrological norms, requirements, rules and provisions that provide for accuracy and unity of measurements;
- provisions that provide for technical unity during elaboration, production, operation (application) of products;
- notions and terms that are used in the sphere of waste treatment, requirements to classification of wastes and their certification, means to determine contents of wastes and their hazardousness, methods of control of condition of waste treatment objects, requirements with regard to waste treatment which is safe for environment and health, as well as requirements with regard to wastes as secondary raw materials.
(Clause 2 of Article 5 is supplemented with a paragraph
according to Law No. 1288-XIV (1288-14) of December 14, 1999)
3. Mandatory requirements of state standards shall be executed by state executive bodies, all enterprises, their associations, institutions, organizations and citizens-entrepreneurial bodies, the activity of which is covered by the mentioned standards.
Recommended requirements of state standards of Ukraine shall be executed obligatorily if:
- such is stipulated by legislative acts currently in force;
- these requirements are included in agreements on elaboration, production and supply of products;
- the manufacturer (supplier) of products made an announcement on conformity of products with these standards.
4. State standards of Ukraine shall be approved by the central executive body on matters of technical regulation, and state standards in the branch of building and building materials industry – by the specially authorized central executive body on building and architecture.
(Paragraph one of clause 4 of Article 5 is amended according to
Law No. 543-IV (543-15) of February 20, 2003)
State standards of Ukraine shall be subject to state registration in the central executive body on matters of technical regulation and shall be published in Ukrainian with an authentic text in Russian.
(Clause 5 of Article 5 is excluded on the basis of
Law No. 1407-IV (1407-15) of February 3, 2004)
Article 6. Branch Standards, Standards of Scientific, Technical and Engineering (Designing) Companies and Associations
1. Branch standards shall be elaborated for products if state standards of Ukraine are not available or in case of necessity to establish requirements that exceed or supplement requirements of state standards.
Mandatory requirements of branch standards shall be subject to unconditional execution by enterprises, institutions and organizations that are included in the sphere of administration of the body that approved them.
2. Standards of scientific, technical and engineering companies and associations shall be elaborated in case of need to spread results of fundamental and applied research received in individual branches of knowledge or spheres of professional interests. These standards may be use don the basis of voluntary consent of users.
3. Standards specified in clauses 1 and 2 of this Article shall not contradict mandatory requirements of state standards of Ukraine and shall be subject to state registration in the central executive body on matters of technical regulation.
The procedure of elaboration, approval and use of these standards shall be established by the body the sphere of administration of which includes enterprises, institutions and organizations, as well as by statutory bodies of scientific, technical and engineering companies and associations the competence of which includes matters of organization of standardization works.
4. Ownership part of copyright to normative documents specified in clauses 1 and 2 of this Article shall belong to the bodies that approved them.
Article 7. Technical Conditions and Standards of Enterprises
1. Technical conditions shall contain requirements that regulate relations between supplier (developer, manufacturer) and consumer (customer) of products.
2. To organize information for consumers (customers) about nomenclature and quality of products being released, control of conformity of technical conditions with mandatory requirements of state and branch standards (in cases stipulated by legislation), technical conditions (terms) for products and changes in them shall be subject to state registration in territorial bodies of central executive body on matters of technical regulation. Technical conditions and changes in them which have not been registered by the state shall be deemed void.
3. A registration fee, the amount of which shall be established by the central executive body on matters of technical regulation with the approval of the Ministry of Economy of Ukraine, shall be charged for state registration of technical conditions and changes in them.
4. Standards of enterprises shall be elaborated for products which are used only at specific enterprise.
5. Ownership part of the copyright to technical conditions and standards of enterprises shall belong to enterprises or bodies that approved (established) them.
Article 8. Liability for Elaboration and Approval of Normative Documents
Liability for conformity of normative documents with requirements of legislative acts, as well as for their scientific and technical level shall be born by developers, organizations and institutions which performed expertise and bodies, enterprises, institutions, organizations and citizens-entrepreneurial bodies that approved such documents.
Article 9. Use of Normative Documents
Normative documents shall be used at stages of elaboration, manufacture, sale, operation (use), repair, storage, transportation and utilization of products.
The agreement on supply of products shall contain references to normative documents that have been registered by the state, according to which such products shall be supplied.
Section III
ORGANIZATION OF STANDARDIZATION WORKS
(Article 10 is excluded on the basis of Law No. 543-IV (543-15) of February 20, 2003)
(Article 11 is excluded on the basis of Law No. 543-IV (543-15) of February 20, 2003)
(Article 12 is excluded on the basis of Law No. 543-IV (543-15) of February 20, 2003)
Section IV
CERTIFICATION OF PRODUCTS
Article 13. Types of Certification and Its Aim
Certification of products in Ukraine is divided into mandatory and voluntary.
Certification of products shall be performed by authorized bodies on certification – enterprises, institutions and organizations – with the following purposes:
- prevention of sale of products which are hazardous for life, health and property of citizens and the environment;
- assistance for the consumer in competent choice of products;