Post on 01-Jan-2016
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Michael I. KaikovMichael I. KaikovPresident of the Railway Constructors UnionPresident of the Railway Constructors Union
Vice-President of the Russian Builders Vice-President of the Russian Builders AssociationAssociation
Wiener process, November 2-4, 2011Wiener process, November 2-4, 2011
The results of Russia’s technical regulation reform based on the EU's law
enforcement practice assessment
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QUALITY
SAFETY
BUSINESS
STATE
Established safety requirements and rules for assessing conformity on the basis of product's risk
TECHNICAL REGULATION REFORM IN RUSSIA
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RESULTS OF TECHNICAL REGULATION REFORM IN RUSSIA
«There is some trouble. Maybe dissolve all our bodies on technical regulation»
Russian President Dmitry Medvedev,State Council meeting, Ulyanovsk, 2009
► Poor quality of technical regulationsPoor quality of technical regulations► The complexity of technical regulations implementation in practiceThe complexity of technical regulations implementation in practice► Inability of scientific and technical progressInability of scientific and technical progress► The development period of 17 primary technical regulations is thwarted The development period of 17 primary technical regulations is thwarted ► By some experts the costs of reform is over 5.3 billion rubles. And this is By some experts the costs of reform is over 5.3 billion rubles. And this is
without taking into account the EU funds (more than 5 million Euros) without taking into account the EU funds (more than 5 million Euros) allocated under TACIS program «The convergence of technical allocated under TACIS program «The convergence of technical regulation, certification and accreditation systems between Russia and regulation, certification and accreditation systems between Russia and EU»EU»
► Over the entire period of the FL-184 have been made 10 amendments Over the entire period of the FL-184 have been made 10 amendments ► Russian model of inconsistency in practice the EU (no notified bodies, Russian model of inconsistency in practice the EU (no notified bodies,
building regulations are mandatory for the application status)building regulations are mandatory for the application status)
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Regulation of manufacturer's responsibility in Russia
THERE IS NO GENERAL RATE LIABILITY FOR PRODUCTION AND SALES PRODUCT HAZARDS
CU
RR
EN
T P
RO
BLEM
S DIMENSIONS COMPENSATION FOR DEFECTIVE PRODUCTS HARM ARE NOT COMMENSURATE WITH THE AMOUNT SPECIFIED IN THE
EUROPEAN UNION
MANUFACTURER IS NOT RESPONSIBLE IF THE ITEM PROVES DANGEROUS IN THE FULL COMPLIANCE WITH MANDATORY
STANDARDSHOWEVER, MANUFACTURER MUST TAKE ALL MEASURES, WHICH
ARE IN HIS POWER, TO ENSURE SAFETY OF GOODS AND NOT ONLY PROVIDE CONSISTENCY PRODUCT STANDARDS
CLAIM FOR INJURY CAUSED BY DEFECTIVE PRODUCT CAN BE MADE AGAINST THE MANUFACTURER BY THE PERSON ACQUIRING
THE GOODS IN ENTREPRENEURIAL AIMS
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Significant amendments to FL-184
2002 2011
FL-65: implementation of the conformity presumption principle, standardization "reanimation".
FL-384: law introduced in art. 5.1, which establish the safety features of buildings and structures
FL-385: establishing the possibility of direct application in Russia of foreign norms and standards
FL-255: preliminary standards, single accreditation body, declaration procedures and regulation of first manufactured products are more detailed regulated
Builders Association of Russia are not reflected: no notification, no indirect references to standards.
No notification, the construction industry is out of FL-184 regulation, features are not defined.
This possibility is excluded for the construction industry by virtue of mandatory use of outdated SNiPs
Builders Association of Russia are not reflected: no notification , the construction industry is out of FL-184 regulation, no principle of general
product safety.
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Features of construction’s technical regulation in Russia
Augmented individuality of each building project, because to reproduce the same conditions for the construction of each object is impossible. Location, condition, design documentation
The specific combination of project documentation and regulatory, as well as a special territorial specificities and different climatic conditions and other site-specific construction
Building products are intermediates
A large number of hidden, remote facilities, staff turnover
in the EU, each individual building site, with such objects of European experts and lawmakers still managed to set the minimum essential requirements
Eurocodes (EN), have national application, taking into account the presumption of suitability of materials for which there are links, and take into account mandatory and territorial specificity
construction products have free circulation in the EU market, and even being a "semi" are the usual procedure of conformity assessment with the essential requirements of the Directive, including in accordance with Regulation 305/2011
on any construction site the EU also made a lot of hidden work, and the same problems with personnel
Interbranch Council meeting, RSPP 07/13/2011
Complexity of the Eurocodes Complexity of the Eurocodes implementation in Russia implementation in Russia
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=
To build a bridge to the island “Russkiy”, in the year, the developer had to certify more than 50 STC
Development requires 3 to 6 monthsExpenses - from 1 to 5 million rubles
EUROCODES
EUROCODES
SPECIAL TECHNICAL CONDITION
S
SPECIAL TECHNICAL CONDITION
S
Self-regulation and technical Self-regulation and technical regulation reform objectives mixing regulation reform objectives mixing
in Russia in Russia
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TECHNICAL REGULATION SELF-REGULATION
SECURITY
BUSINESS REGULATIO
N
FOR “THE BORD”
WORK-LIST LEGITIMIZATION
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Building regulations updating
Updating of building regulations in the light of EU standards by the National Association of Builders for the money of "business", under the conditions:- Mandatory SRO-membership;- Mandatory payment of the fee.
Actualization work is supervised by the Regional Development Ministry of Russia. Terms of actualization - to 1.7.2012, then - revision every 5 years.
Given the EU's standards development practice should be carried out and financed on its own initiative, and stakeholders.
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Accreditation in Russia
Single accreditation Bodies, EA, the European system of notified bodies
Single accreditation body -the Belarus National -Centre for Accreditation
National Accreditation body
-16 Systems of obligatory certification;-departmental accreditation by different rules;- no recognition of conformity assessment certificates for the same products.
The concept of forming a unified accreditation system approved by the Russian Government in October 2010. Presidential Decree of 24 January 2011
"On the unified national system of accreditation"
Draft Federal Law "On the Accreditation"
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Global approach - ensuring transparency of conformity assessment
Prime Minister's instruction is not implemented, the protocol number: VP-P9-13pr in a part of conformity assessment bodies
authorization to operate in a regulated area.On the bill and notification made to the Duma in 2008 gave a
negative review by the Government.
NOTIFICATION BODY
There is a stubborn resistance of public authorities in the implementation of notified bodies in Russia for six years.
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CONCLUSION
IMPLEMENTATION ISO STANDARDS FOR THE TERMS AND DEFINITIONS
GRANTING TO THE BUILDING RULES AND REGULATIONS VOLUNTARY IMPLEMENTATION STATUS
THE ADOPTATION OF THE STANDARDIZATION AND ACCREDITATION
STANDARDS RFERENCES METHOD IN THE TECHNICAL REGULATION
AGREEMENT SIGNING BETWEEN THE CUSTOMS UNION, THE COUNCIL OF EUROPE AND THE EUROPEAN COMMISSION IN THE FIELD OF TECHNICAL REGULATION
REFORM OF THE MANUFCTURER LIABILITY LAWS FOR THE EUROPEAN PRACTICE, ESTABLISHING THE PRINCIPLE OF GENERAL PRODUCT SAFETY
INTRODUCTION OF THE NOTIFIED BODIES INSTITUTE
SELF-REGULATION LAW IMPROVEMENT
PROVISION OF BUILDING MATERIALS AND PRODUCTS BY MODERN SAFETY REQUIREMENTS
MANDATORY INSURANCE REQUIREMENTS OF TECHNICAL REGULATIONS AND VOLUNTARY STANDARDS
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THANK YOU FOR YOUR ATTENTIONTHANK YOU FOR YOUR ATTENTION ! !
Michael I. KaikovMichael I. KaikovPresident of the Railway Constructors UnionPresident of the Railway Constructors Union
Vice-President of the Russian Builders Vice-President of the Russian Builders AssociationAssociation
Vienna, November 2-4, 2011Vienna, November 2-4, 2011