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Michael I. Kaikov President of the Railway Constructors Union

The results of Russia’s technical regulation reform based on the EU's law enforcement practice assessment. Michael I. Kaikov President of the Railway Constructors Union Vice-President of the Russian Builders Association Wiener process, November 2-4, 2011. TECHNICAL REGULATION

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Michael I. Kaikov President of the Railway Constructors Union

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  1. The results of Russia’s technical regulation reform based on the EU's law enforcement practice assessment Michael I. Kaikov President of the Railway Constructors Union Vice-President of the Russian Builders Association Wiener process, November 2-4, 2011

  2. TECHNICAL REGULATION REFORM IN RUSSIA BUSINESS QUALITY STATE Established safety requirements and rules for assessing conformity on the basis of product's risk SAFETY

  3. 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 • Poorqualityoftechnicalregulations • Thecomplexityoftechnicalregulationsimplementationinpractice • Inabilityofscientificandtechnicalprogress • Thedevelopmentperiodof 17 primarytechnicalregulationsisthwarted • Bysomeexpertsthecostsofreformisover 5.3 billionrubles. Andthisiswithouttakingintoaccountthe EU funds (morethan 5 millionEuros) allocatedunder TACIS program «Theconvergenceoftechnicalregulation, certificationandaccreditationsystemsbetweenRussiaand EU» • Overtheentireperiodofthe FL-184 havebeenmade 10 amendments • Russianmodelofinconsistencyinpracticethe EU (nonotifiedbodies, buildingregulationsaremandatoryfortheapplicationstatus)

  4. Regulation of manufacturer's responsibility in Russia THERE IS NO GENERAL RATE LIABILITY FOR PRODUCTION AND SALES PRODUCT HAZARDS 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 STANDARDS HOWEVER, MANUFACTURER MUST TAKE ALL MEASURES, WHICH ARE IN HIS POWER, TO ENSURE SAFETY OF GOODS AND NOT ONLY PROVIDE CONSISTENCY PRODUCT STANDARDS CURRENT PROBLEMS CLAIM FOR INJURY CAUSED BY DEFECTIVE PRODUCT CAN BE MADE AGAINST THE MANUFACTURER BY THE PERSON ACQUIRING THE GOODS IN ENTREPRENEURIAL AIMS

  5. 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.

  6. Features of construction’s technical regulation in Russia Interbranch Council meeting, RSPP 07/13/2011 in the EU, each individual building site, with such objects of European experts and lawmakers still managed to set the minimum essential requirements Augmentedindividualityofeachbuildingproject, becausetoreproducethesameconditionsfortheconstructionofeachobjectisimpossible. Location, condition, designdocumentation 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 The specific combination of project documentation and regulatory, as well as a special territorial specificities and different climatic conditions and other site-specific construction 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 Building products are intermediates on any construction site the EU also made a lot of hidden work, and the same problems with personnel A large number of hidden, remote facilities, staff turnover

  7. Complexity of the Eurocodes implementation in Russia = EUROCODES SPECIAL TECHNICAL CONDITIONS Development requires 3 to 6 monthsExpenses - from 1 to 5 million rubles To build a bridge to the island “Russkiy”, in the year, the developer had to certify more than 50 STC

  8. Self-regulation and technical regulation reform objectives mixing in Russia TECHNICAL REGULATION SELF-REGULATION SECURITY FOR “THE BORD” BUSINESS REGULATION WORK-LIST LEGITIMIZATION

  9. Building regulations updating Actualization work is supervised by the Regional Development Ministry of Russia. Terms of actualization - to 1.7.2012, then - revision every 5 years. 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. Given the EU's standards development practice should be carried out and financed on its own initiative, and stakeholders.

  10. Accreditation in Russia Single accreditation Bodies, EA, the European system of notified bodies -16 Systems of obligatory certification; -departmental accreditation by different rules; - no recognition of conformity assessment certificates for the same products. • Single accreditation body • the Belarus National • Centre for Accreditation 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" National Accreditation body Draft Federal Law "On the Accreditation"

  11. Global approach - ensuring transparency of conformity assessment • NOTIFICATION BODY There is a stubborn resistance of public authorities in the implementation of notified bodies in Russia for six years. 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.

  12. 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

  13. THANK YOU FOR YOUR ATTENTION ! Michael I. Kaikov President of the Railway Constructors Union Vice-President of the Russian Builders Association Vienna, November 2-4, 2011

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