Technical regulations are adopted for the purpose.

1. Technical regulations are adopted for the following purposes:

protection of life or health of citizens, property of individuals or legal entities, state or municipal property;

protection of the environment, life or health of animals and plants;

prevention of actions that mislead purchasers, including consumers;

(as amended by Federal Law No. 255-FZ of July 21, 2011)

ensuring energy efficiency and resource saving.

(The paragraph was introduced by Federal Law No. 189-FZ of July 18, 2009, as amended by Federal Law No. 255-FZ of July 21, 2011)

2. Adoption of technical regulations for other purposes is not allowed.

Federal Law "On Technical Regulation"- N 184-FZ - controls the processes and relationships that appear during the development, adoption, application and execution of mandatory requirements for products or related actions for design, construction, transportation, production, installation, storage, commissioning, operation, implementation, conformity assessment, disposal, performance of work or provision of services. It does not extend its power to the area of ​​economic rationing (for pricing, estimated rationing in construction, etc.). He deals with such issues as the procedure for the development, adoption, amendment and cancellation of technical regulations, standardization, goals, principles and forms of conformity assessment, mandatory conformity assessment, violation of the requirements of technical regulations, product recall, accreditation of certification bodies and testing laboratories, etc.

Article 6 Purposes of adopting technical regulations

Information on changes: Federal Law No. 255-FZ of July 21, 2011 amended paragraph 1 of Article 6 of this Federal Law, which shall enter into force ninety days after the official publication of the said Federal Law

1. Technical regulations are adopted for the following purposes:

protection of life or health of citizens, property of individuals or legal entities, state or municipal property;

protection of the environment, life or health of animals and plants;

prevention of actions that mislead purchasers, including consumers;

ensuring energy efficiency and resource saving.

2. Adoption of technical regulations for other purposes is not allowed.

28. Procedure for the development and adoption of technical regulations
Any person can be a developer of technical regulations. When developing technical regulations, it is necessary to ensure as much as possible:
-transparency of development procedures;

Opportunity to participate in the development of all interested parties;

Achieving the consent of the majority of stakeholders.
Technical regulations are adopted by federal law in the manner established for the adoption of federal laws, subject to the provisions of this Federal Law.

Goals of standardization

1) Increasing the level of safety of life and health of citizens, property of individuals and legal entities, objects, taking into account the risk of emergencies, (emergency situations) increasing the level of environmental safety, safety of life and health of animals and plants.

2) Ensuring competitiveness - the ability and quality of products, works and services, the unity of measurements. Rational use of resources, interchangeability of technical means, technical and information compatibility.

3) Facilitating compliance with the requirement of the TR is required to approve the list of standards.

4) Establish classification systems and coding cataloging systems, ensure product quality.

Standardization principles

1) Balance of interests of the parties developing, manufacturing, presenting and consuming products.

2) Systematic standardization.

Consistency- this is the consideration of this object as part of a more important system.

3) Dynamism and advanced development of the standard.

4) Efficiency

5) The priority of developing standards that contribute to ensuring the safety, compatibility and interchangeability of products (services).

6) Principles of harmonization (development of harmonized standards).

7) The clarity of the formulation of the provisions of the standard.

8) Compliance with the law, as well as the norms and rules of supervisory authorities.

9) Complexity of standardization of interconnected objects.

10) Objectivity of verification of requirements.

31) CLASSIFICATION OF STANDARDS IN THE RUSSIAN FEDERATION

The standards of the State Standardization System are classified into categories and types. The criterion for dividing standards into categories is the level of their approval and scope, dividing into types - content.

Interstate standard (GOST - supranational standard);

State Standard of the Russian Federation (GOST R);

Industry Standards (OST);

Enterprise Standards (STP);

Standards of scientific and technical, engineering societies and other public associations (STO).

^ Interstate Standard(GOST) is a supranational-regional standard (the former standard of the USSR) adopted by the states that have acceded to the Agreement on the implementation of a coordinated policy in the field of standardization, metrology and certification, and applied directly by them. In order to ensure the continuity of production, the current fund of state standards of the USSR was included in the interstate standards, with the designation "GOST" retained, since it is contained in many sheets of technical and regulatory documentation and is widely known in the world. The objects of GOST standardization are products, works and services of intersectoral significance, in particular:

Products of mass use, including foodstuffs;

Objects of scientific, technical and socio-economic programs;

The constituent elements of large scientific and economic complexes (transport, communications, environmental protection, etc.);

General requirements, rules and regulations (for example, tolerances and fits, rules for drawing up construction drawings, rules for drawing up bibliography, nominal frequency ranges, etc.). The standards for these objects are combined into single interconnected complexes.

The designation of the interstate standard consists of an index (GOST), registration number and dashes separated by the last two digits of the year the standard was approved. The registration number is assigned as approved standards for registration are received, regardless of the product group (for example, food products, oil and oil products, and so on). In the designation of the standard that is part of the complex, in its registration number, the first digits with a dot define the complex of standards.

Designation of the interstate standard: GOST 6441 -77 "Pastil confectionery products";

35. . The main conditions for membership in the WTO in terms of standardization and application of sanitary and phytosanitary standards are defined in the Agreement on Technical Barriers and Trade (TBT) and the Agreement on Sanitary and Phytosanitary Standards (SIFN).
Technical barriers to trade - differences between the requirements of domestic technical regulations and standards and the requirements of international standards that have a more restrictive effect than is necessary to achieve the goals of developing technical regulations and standards established by law.
The main principles, the implementation of which is necessary for Russia to join these agreements, are as follows:
1. All countries have the right to use: the measures necessary to ensure the quality of their exports, to protect the life and health of people, animals and plants; technical regulations and standards; requirements for packaging and labeling of goods; procedures for assessing compliance with technical regulations and standards, sanitary and veterinary standards.
2. These measures shall be applied as a means of arbitrary or unjustified discrimination between countries in which the same conditions prevail, including their own territory; these measures should not constitute a means of disguised restriction of international trade and should not create unnecessary obstacles to international trade;
3. With regard to standards and technical regulations, goods imported from another State shall be accorded treatment no less favorable than that accorded to similar goods of national production or to similar goods originating in any other country.
4. Sanitary and phytosanitary standards should be based on sufficient scientific justification and principles, based on international standards, prescriptions and recommendations.
5. All these measures must be open, transparent. All countries should limit trade no more than is required to achieve an adequate level of sanitary or phytosanitary protection; should provide information on technical barriers, sanitary and phytosanitary standards and name the centers responsible in their countries for providing such information.
To fulfill the conditions of WTO membership in terms of the TBT Agreement and the FMTS Agreement, it is necessary to solve the following tasks:
1) Ensuring the harmonization of domestic standards, as well as regulatory bodies of executive power with international standards.
2) Information impact with WTO member states.
To solve these problems, it is necessary to: conduct a comparative analysis of domestic standards, as well as other normative documents equated to them, with international ones, in order to identify both essential (substantive) and design differences between them.

Metrology, standardization and certification: lecture notes by Demidov NV

6. Technical regulations: concept and essence. Application of technical regulations

The technical regulation is a complete list of the main requirements for one of the objects of standardization. Documents capable of changing the data of this list can only be its changes and additions. In addition, it is worth noting that not any document containing some mandatory requirements can be considered a technical regulation. For the adoption of technical regulations, there is a certain specially created procedure. And also the document itself must be created in a special way. The technical regulation must necessarily include: firstly, a list of those goods, the processes of their production, storage, transportation, use, sale and disposal, in connection with the presence and processing of which, in fact, its requirements are formed. Secondly, the technical regulation should contain the very requirements for the objects of technical regulation that are necessary for fulfillment. The main focus of these requirements of the technical regulation, according to the Law "On Technical Regulation" (Chapter 2), should be to ensure:

1) unity of measurements;

2) electromagnetic compatibility in the implementation of safety tasks for the operation of instruments and equipment;

3) radiation safety;

4) explosion safety;

5) biological, fire, thermal, mechanical, industrial, chemical, electrical, nuclear and radiation safety.

Also, some other requirements, rules and forms may be included in the technical regulation. For example, the first requirements include:

1) providing the previously mentioned types of security;

2) contributing to the maintenance of the principle of uniformity of measurements;

3) special requirements for terminology, packaging, labels and markings, as well as the rules for their application. Among the latter, it is necessary, first of all, to name the rules that identify the object of regulation, as well as the forms and rules for assessing conformity. The formulation of “deadlines for assessing the conformity of each object of regulation” can also be attributed to the same category of requirements.

According to the Law "On Technical Regulation", the requirements for goods, the processes of their production, storage, transportation, use, sale and disposal, which are not included in the technical regulation, are not mandatory. The following main objectives of the adoption of technical regulations follow from the provisions of the above-mentioned Law:

1) protection of the life or health of people, as well as the property of legal entities and individuals or property that is in municipal and state ownership;

2) protection of the environment, health and life of animals and plants;

3) prevention of actions that mislead purchasers.

There should be no other purposes for the adoption of technical regulations.

But in terms of explaining the concept and essence of a technical regulation, Article 8 of the Law "On Technical Regulation" defines two types of technical regulations, general and special. Thus, the requirements of the general technical regulation apply without fail to any type of goods and services, including in the process of creation, storage, transportation, use, sale and disposal. And, accordingly, the requirements of a special technical regulation take into account the technological features of a number of groups of goods, as well as, accordingly, the processes of their creation, storage, transportation, sale, disposal or use. In addition, special technical regulations may establish their own requirements only for certain types of goods, as well as the processes of their creation, storage, transportation, consumption, sale or disposal, in respect of which the requirements of generally binding technical regulations are not met. It should also be noted that among the special technical regulations, a special variety is often singled out - macro-industry special technical regulations, covering, as a rule, several groups of homogeneous objects. So, for example, there is a macro-industry regulation that formulates the basic requirements for food additives or dyes for food products. However, many researchers believe that this type of technical regulation cannot be called a special regulation. As a rule, it is customary to divide the subjects of technical regulation into several separate categories:

1) business, the main point of the participants of which are clearly defined rules of state control and games in the market;

2) consumers, the main indicator for which is the indicator of the protection of their interests and rights;

3) government bodies, whose tasks are the formation of tactics and strategies for the entire economic development of the country in the future. At the same time, they use technical norms as a kind of leverage for influencing economic processes both within the country and abroad;

4) regulatory authorities, without any benefits or interests of their own.

The main activity for them should be to ensure the safety and protection of the rights of consumers in the matter of their environmental safety and protection from any man-made disasters. To ensure the optimal solution of the tasks assigned to the state, the Economic Department of the President of the Russian Federation formed Expert Councils involved in the development of general and special technical regulations. According to the form, the content of the technical regulation should include such information as: a list of goods, the processes of their creation, storage, transportation, use, sale and disposal, in respect of which the above requirements are developed; in addition, general rules for the identification of all objects subject to technical regulation are formulated to address issues of application of technical regulations.

Other information may also be included in the technical regulation, for example:

1) rules and forms of conformity assessment, determined taking into account the degree of risk;

2) deadlines for conformity assessment for each object of technical regulation;

3) mandatory requirements for packaging, marking and labels, terminology, as well as the necessary rules for their application.

According to the Law "On Technical Regulation", requirements not included in technical regulations are not mandatory. Also, the technical regulation may include requirements for the characteristics of goods, the processes of their production, use, storage, transportation, sale and disposal, but may not include any requirements regarding the design features of the goods, except for situations where, due to the absence of such design requirements there is a risk of harm. Based on this provision, technical regulations may include in the list of requirements special requirements for marking, labels, packaging and terminology, as well as the rules for their application, which in the future will help increase the degree of protection for certain groups of citizens, such as: children, minors, pregnant women women, breastfeeding mothers, the disabled, pensioners.

In addition, the technical regulations may establish the minimum necessary measures in the field of veterinary and phytosanitary in relation to goods imported from hazardous areas or countries with restrictions on imports with our country. These measures of veterinary and phytosanitary safety are developed taking into account the received scientific data, as well as when considering other documents provided by international organizations.

First of all, we are talking about international standards, recommendations, etc. As an assessment criterion for risk issues, assessment criteria of international standards, as well as recommendations of international organizations, which include Russian representatives, the prevalence of diseases and pests used pest and disease control measures, environmental conditions, macroeconomic impacts associated with the potential for harm, and the extent of spending needed to prevent harm. International and (or) national standards can serve as a basis for creating draft technical regulations.