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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