FEDERAL LAW NO. 102-FZ OF JUNE 26, 2008
ON ENSURING THE UNIFORMITY OF MEASUREMENTS
Adopted by the State Duma June 11, 2008
Approved by the Federation Council June 18, 2008
Chapter 1. General Provisions
Article 1. The Goals and Applicability of the Present Federal Law
1. The goals of the present Federal Law are as follows:
1) establishing a legal foundation for ensuring the uniformity of
measurements in the Russian Federation;
2) protecting the rights and lawful interests of citizens, the
society and the state from the negative consequences of unreliable
results of measurements;
3) catering for the need of citizens, the society and the state for
the objective, reliable and comparable results of measurements used to
protect the life and health of citizens, the environment, fauna and
flora, and to ensure the defence and security of the state including
economic security;
4) providing assistance to the development of the economy of the
Russian Federation and to scientific and technological progress.
2. The present Federal Law regulates the relationships occurring
when measurements are being carried out, requirements are established as
applicable to measurements, units, standard specimens, means of
measurement, when standard specimens, means of measurements and
measurement methodologies (methods) are being applied, and also when the
activity of ensuring the uniformity of measurements envisaged by the
legislation of the Russian Federation on ensuring the uniformity of
measurements is being carried out, for instance when the works and
services of ensuring the uniformity of measurements are being performed.
3. The area of ensuring the uniformity of measurements subject to
state regulation extends to the measurements for which compulsory
requirements are established for the purposes described in Part 1 of the
present article and which are carried out when:
1) activities are being pursued in the area of public health;
2) veterinary activities are being carried out;
3) environmental protection activities are being carried out;
4) the activity of ensuring safety in cases of emergency is being
carried out;
5) the works of ensuring safe conditions for labour and labour
protection are being carried out;
6) production control is being carried out in respect of the
observance of the industrial safety requirements established by the
legislation of the Russian Federation for cases when a hazardous
production facility is being operated;
7) trade and barter transactions and the works of packing of goods
take place;
8) state record-keeping transactions are being carried out;
9) postal communication services are being provided and the amount
of electric communication services provided by communication operators is
being recorded;
10) activities in the area of defence and security of the state are
being carried out;
11) geodetic and cartographic activities are being carried out;
12) activities are being carried out in the area of
hydrometeorology;
13) banking, tax and customs transactions are being carried out;
14) the works of assessing the compliance of industrial products and
products of other types and also of other facilities with the compulsory
requirements established by the legislation of the Russian Federation are
being carried out;
15) official sport competitions are being conducted and high-class
sportsmen are being prepared;
16) instructions of a court, prosecutor's office or state executive
governmental body are being carried out;
17) state control (supervision) measures are being taken.
4. Also the measurements envisaged by the legislation of the Russian
Federation on technical regulation are deemed to be within the area of
state regulation of arrangements for the uniformity of measurements.
5. The area of state regulation of arrangements for the uniformity
of measurements also extends to the units, unit, standard specimens and
means of measurement for which compulsory requirements are established.
6. Compulsory requirements applicable to measurements, unit
standards, standard specimens and means of measurement shall be
established by the legislation of the Russian Federation on ensuring the
uniformity of measurements and by the legislation of the Russian
Federation on technical regulation. Compulsory requirements applicable to
units, the performance of the works and/or services of ensuring the
uniformity of measurements shall be established by the legislation of the
Russian Federation on ensuring the uniformity of measurements.
7. The details of ensuring the uniformity of measurements in the
course of activities in the area of defence and security of the state
shall be established by the Government of the Russian Federation.
Article 2. Basic Terms
The following basic terms are used in the present Federal Law:
1) "attestation of measurement methodologies (methods)" meaning a
research and confirmation of the compliance of measurement methodologies
(methods) with established methodological requirements applicable to
measurements;
2) "commissioning means of measurement" meaning the readiness of
means of measurement for being used according to their intended purpose
as documented in the established procedure;
3) "state metrological supervision" meaning a control activity in
the area of state regulation of arrangements for the uniformity of
measurements pursued by empowered federal executive governmental bodies
as verification on a regular basis of the observance of the compulsory
requirements established by the legislation of the Russian Federation and
also as the application of sanctions established by the legislation of
the Russian Federation for the irregularities discovered in the course of
supervision actions;
4) "primary state unit standard" meaning a state unit standard that
ensures the reproduction, storage and transfer of a unit of quantity with
the highest accuracy in the Russian Federation and that is confirmed as
such in the established procedure and is being used as a primary one on
the territory of the Russian Federation;
5) "state unit standard" meaning a unit standard under federal
ownership;
6) "unit" meaning a fixed quantity accepted as a unit of this
quantity and applicable as a quantitative expression of quantities that
are homogenous with that quantity;
7) "the uniformity of measurements" meaning the state of
measurements in which the results thereof are expressed in the units
admitted for being used in the Russian Federation and the indicators of
accuracy of measurement are within established limits;
8) "measurement" meaning an aggregate of operations carried out to
assess the quantitative magnitude of a value;
9) "testing standard specimens or means of measurement to confirm a
type" meaning the work of assessing the metrological and technical
characteristics of single-type standard specimens or means of
measurement;
10) "calibration of means of measurement" meaning the aggregate of
operations carried out for the purpose of assessing the true vales of
metrological characteristics of means of measurement;
11) "measurement methodology (method)" meaning the aggregate of the
specifically described operations whose completion makes sure results of
measurement are obtained with established accuracy indicators;
12) "metrological service" meaning the structural unit of the
central staff of an federal executive governmental body and/or of a
territorial body thereof, the legal entity or the structural unit of a
legal entity or of an association of legal entities, the employees of a
legal entity or the individual entrepreneur organising and/or performing
works of ensuring the uniformity of measurements and/or providing the
services of ensuring the uniformity of measurements;
13) "metrological expert examination" meaning an analysis and
assessment of the correctness of establishment and observance of
metrological requirements as applicable to an object undergoing an expert
examination. The metrological expert examination is carried out on a
compulsory (compulsory metrological expert examination) or voluntary
basis;
14) "metrological requirements" meaning requirements applicable to
the characteristics (parameters) of measurements, of unit standards, of
standards specimens, of means of measurement that affect the result and
indicators of accuracy of measurements and also applicable to the
conditions in which these characteristics (parameters) must be ensured;
15) "compulsory metrological requirements" meaning the metrological
requirements which are established by normative legal acts of the Russian
Federation and are to be compulsorily observed on the territory of the
Russian Federation;
16) "transfer of a unit" meaning the reduction of a unit stored in
means of measurement to the unit reproduced by the standard of this unit
or by a standard specimen;
17) "verifying means of measurement" (hereinafter also referred to
as "verification") meaning the aggregate of operations carried out for
the purpose of confirming the compliance of means of measurement with
metrological requirements;
18) "traceability" meaning the property of a unit standard or of
means of measurement that manifests itself in documented establishment of
their relationship with a primary state standard of the relevant unit by
means of comparing unit standards, verifying and calibrating means of
measurement;
19) "direct measurement" meaning a measurement in which the unknown
magnitude of a value is obtained directly from a means of measurement;
20) "comparing unit standards" meaning the aggregate of operations
establishing the ratio between the units reproduced by unit standards of
one level of accuracy in same conditions;
21) "means of measurement" meaning a technical facility intended for
measurement;
22) "standard specimen" meaning a specimen of a substance (material)
with the magnitudes of one or more values established according to the
results of testing as characterising the composition or a property of the
substance (material);
23) "technical systems and devices with measurement functions"
meaning technical systems and devices that carry out measurement
functions apart from their basic functions;
24) "specification requirements applicable to means of measurement"
meaning the requirements defining the details of design of means of
measurement (with no limitation on the technical improvement thereof) for
the purpose of preserving their metrological characteristics in the
course of operation of the means of measurement, attaining a reliability
of the result of measurements, preventing unauthorised tuning and
interference, and also the requirements ensuring the safety and
electromagnetic compatibility of the means of measurement;
25) "the type of means of measurement" meaning the aggregate of
means of measurement intended for measuring same values expressed in
terms of same units, based on same operating concept, having same design
and manufactured according to same technical documentation;
26) "the type of standard specimens" meaning the aggregate of
standard specimens having same intended purpose, manufactured from same
substance (material) according to same technical documentation;
27) "confirmation of a type of standard specimens or a type of means
of measurement" meaning a documented decision on recognition of the
compliance of a type of standard specimens or a type of means of
measurement with metrological and specification requirements
(characteristics) on the basis of the result of testing of the standard
specimens or the means of measurement for the purpose of confirming the
type;
28) "packaged goods in a package" meaning goods packed up in the
buyer's absence when the content of a package cannot be changed without
its being opened up or deformed and the weight, volume, length, area and
the other values defining the quantity of the goods contained in the
package must be shown on the package;
29) "unit standard" meaning a technical facility intended for
reproduction, storage and transfer of a unit.
Article 3. The Legislation of the Russian Federation on Ensuring the
Uniformity of Measurements
1. The legislation of the Russian Federation on ensuring the
uniformity of measurements is based on the Constitution of the Russian
Federation and it includes the present Federal Law, the other federal
laws regulating relationships in the area of ensuring the uniformity of
measurements and also the other normative legal acts of the Russian
Federation adopted in accordance therewith.
2. The provisions of federal laws and of other normative legal acts
of the Russian Federation concerning the subject matter regulated by the
present Federal Law are applicable in as much as they are consistent with
the present Federal Law.
Article 4. International Treaties of the Russian Federation
If an international treaty of the Russian Federation has established
other rules different from those set out in the legislation of the
Russian Federation on ensuring the uniformity of measurements, the rules
of the international treaty shall be applicable.
Chapter 2. The Requirements Applicable to Measurements,
Units, Unit Standards, Standard Specimens
and Means of Measurement
Article 5. The Requirements Applicable to Measurements
1. The measurements that have to do with the area of state
regulation of arrangements for the uniformity of measurements shall be
carried out according to attested measurement methodologies (methods),
except for the measurement methodologies (methods) intended for direct
measurements involving the use of means of measurement of an approved
type that have passed verification. The results of the measurements shall
be expressed in terms of the units admitted for being used in the Russian
Federation.
2. The measurement methodologies (methods) intended for direct
measurements shall be entered in the operating documentation for means of
measurements. A confirmation of the compliance of these measurement
methodologies (methods) with the compulsory metrological requirements
applicable to measurements shall be provided in the course of approval of
the types of these means of measurements. In the rest of cases a
confirmation of the compliance of measurement methodologies (methods)
with the compulsory metrological requirements applicable to measurements
shall be provided by means of attesting measurement methodologies
(methods). Information on attested measurement methodologies (methods)
shall be provided to the Federal Information Fund for Ensuring the
Uniformity of Measurements by the legal entities and individual
entrepreneurs that carry out the attestation.
3. An attestation of the measurement methodologies (methods) that
have to do with the area of state regulation of arrangements for the
uniformity of measurements shall be carried out by the legal entities and
individual entrepreneurs accredited in the established procedure in the
area of arrangements for the uniformity of measurements.
4. The procedure for attestation of measurement methodologies
(methods) and for the application thereof shall be established by the
federal executive governmental body charged with the functions of state
policy elaboration and normative legal regulation in the area of
arrangements for the uniformity of measurements.
5. By agreement with the federal executive governmental body charged
with the functions of state policy elaboration and normative legal
regulation in the area of arrangements for the uniformity of measurements
the federal executive governmental bodies responsible for normative legal
regulation in the areas of activity specified in Parts 3 and 4 of Article
1 of the present Federal Law shall designate the measurements that have
to do with the area of state regulation of arrangements for the
uniformity of measurements and establish compulsory metrological
requirements for them, including measurement accuracy indicators.
6. The federal executive governmental body charged with the function
of state service provision and state property management in the area of
arrangements for the uniformity of measurements shall keep a
comprehensive list of the measurements relating to the area of state
regulation of arrangements for the uniformity of measurements.
Article 6. The Requirements Applicable to Units
1. The following is used in the Russian Federation: the units of the
International System of Units that are adopted by the General Conference
on Measures and Weights and recommended for use by the International
Organisation of Legal Metrology. The names of the units admitted for
being used in the Russian Federation, their designations, rules of
writing, and also the rules for their application shall be established by
the Government of the Russian Federation.
2. The characteristics and parameters of products delivered for
export, including means of measurement, may be expressed in the units
envisaged by an agreement (contract) concluded with the customer.
3. Units shall be transferred to means of measurement, technical
systems and devices with measurement functions from unit standards and
standard specimens.
Article 7. The Requirements Applicable to Unit Standards
1. State unit standards constitute a standard base of the Russian
Federation.
2. Primary state unit standards shall not be privatised.
3. Information on state unit standards shall be entered by the
federal executive governmental body charged with the function of state
service provision and state property management in the area of
arrangements for the uniformity of measurements to the Federal
Information Fund for Ensuring the Uniformity of Measurements.
4. Primary state unit standards shall be preserved and applied in
state scientific metrological institutes.
5. Primary state unit standards are subject to approval by the
federal executive governmental body charged with the function of state
service provision and state property management in the area of
arrangements for the uniformity of measurements.
6. Primary state unit standards are subject to comparison with the
unit standards of the International Bureau of Measures and Weights and
the national unit standards of foreign states. Responsibility for the
timely presentation of a primary state unit standard for comparison shall
be borne by the state scientific metrological institute that keeps the
primary state unit standard.
7. The following shall be used in the Russian Federation: the unit
standards traced up to primary state standards of relevant units. If
there are no relevant primary state unit standards arrangements shall be
made for the traceability of the means of measurement used in the area of
state regulation of arrangements for the uniformity of measurements to
the national unit standards of foreign states.
8. The procedure for confirming, maintaining, comparing and applying
primary state unit standards, the procedure for transferring units from
state standards, the procedure for establishing the compulsory
requirements applicable to the unit standards used to ensure the
uniformity of measurements in the area of state regulation of
arrangements for the uniformity of measurements, the procedure for
assessing compliance with these requirements and also the procedure for
applying them shall be established by the Government of the Russian
Federation.
Article 8. The requirements Applicable to Standard Specimens
1. Standard specimens are intended for the reproduction, storage,
and transfer of the characteristics of the composition or properties of
substances (materials) expressed in terms of the units admitted for being
used in the Russian Federation.
2. Standard specimens of approved types shall be used in the area of
state regulation of arrangements for the uniformity of measurements.
Article 9. The Requirements Applicable to Means of Measurement
1. The following shall be admitted in the area of state regulation
of arrangements for the uniformity of measurements: means of measurement
of an approved type that have passed verification in accordance with the
provisions of the present Federal Law and also that ensure the observance
of the compulsory requirements established by the legislation of the
Russian Federation on ensuring the uniformity of measurements, the
including compulsory metrological requirements applicable to
measurements, the compulsory metrological and specification requirements
applicable to means of measurements and the compulsory requirements
established by the legislation of the Russian Federation on technical
regulation. Where necessary, the compulsory requirements applicable to
means of measurement shall also comprise requirements applicable to the
components, software and operating conditions of the means of
measurement. While using means of measurement one shall observe the
compulsory requirements applicable to the operating conditions thereof.
2. The design of means of measurement shall ensure restrictions on
access to specific part of the means of measurement (including software)
for the purpose of preventing unauthorised tuning and interference that
can cause a distortion in the results of measurements.
3. The procedure for classifying technical facilities as "means of
measurement" shall be established by the federal executive governmental
body charged with the functions of state policy elaboration and normative
legal regulation in the area of arrangements for the uniformity of
measurements.
Article 10. Technical Systems and Devices with Measurement Functions
The compulsory requirements applicable to technical systems and
devices with measurement functions and also the forms of assessment of
their compliance with said requirements shall be established by the
legislation of the Russian Federation on technical regulation.
Chapter 3. State Regulation in the Area of Arrangements
for the Uniformity of Measurements
Article 11. The Forms of State Regulation in the Area of
Arrangements of the Uniformity of Measurements
State regulation in the area of arrangements for the uniformity of
measurements shall be carried out in the following forms:
1) endorsement of a type of standard specimens or a type of means of
measurement;
2) verification of means of measurement;
3) metrological expert examination;
4) state metrological supervision;
5) attestation of measurement methodologies (methods);
6) accreditation of legal entities and individual entrepreneurs for
the performance of works and/or provision of services in the area of
arrangements for the uniformity of measurements.
Article 12. Confirming a Type of Standard Specimens or a Type of
Means of Measurement
1. The type of the standard specimens or the type of the means of
measurement that are used in the area of state regulation of arrangements
for the uniformity of measurements is subject to confirmation in a
compulsory manner. The following shall be established when a type of
means of measurement is being confirmed: accuracy indicators, the
interval between verifications of the means of measurement, and also the
methodology of verification of the given type of means of measurement.
2. A decision on confirmation of a type of standard specimens or a
type of means of measurement shall be taken by the federal executive
governmental body charged with the function of state service provision
and state property management in the area of arrangements for the
uniformity of measurements on the basis of positive results of testing of
the standard specimens or means of measurement for the purposes of
confirming the type.
3. The confirmation of the type of standard specimens or the type of
means of production shall be certified by a certificate of confirmation
of type of standard specimens or type of means of measurement issued by
the federal executive governmental body charged with the function of
state service provision and state property management in the area of
arrangements for the uniformity of measurements. Within the effective
term of the certificate of confirmation of type of means of measurements
the interval between verifications of means of measurement may be changed
only by the federal executive governmental body charged with the function
of state service provision and state property management in the area of
arrangements for the uniformity of measurements.
4. To each individual means of measurement of the confirmed type,
cover documents for said means of measurement and cover documents for
standard specimens of the confirmed type a sign of confirmation of the
type shall be applied. The design of the means of measurement shall allow
the application of the sign in a visible place. If the details of design
of the means of measurement do not allow the application of the sign
directly to the means of measurement it shall be applied to the cover
documents.
5. The testing of standard specimens or means of measurement for the
purposes of type confirmation shall be carried out by legal entities
accredited in the established procedure in the area of arrangements for
the uniformity of measurements.
6. Information on confirmed types of standard specimens and types of
means of measurement shall be entered in the Federal Information Fund for
Ensuring the Uniformity of Measurements.
7. The procedure for testing standard specimens or means of
measurement for the purpose of confirming a type, the procedure for
confirming the type of standard specimens or the type of means of
measurement, the procedure for issuing certificates of confirmation of
the type of standard specimens or the type of means of measurement,
setting and changing the effective term of said certificates and the
interval between verifications of means of measurements, the requirements
applicable to signs of confirmation of the type of standard specimens or
the type of means of measurement and the procedure for applying them
shall be established by the federal executive governmental body charged
with the functions of state policy elaboration and normative legal
regulation in the area of arrangements for the uniformity of
measurements. The procedure for testing standard specimens or means of
measurement for the purpose of confirming a type and the procedure for
confirming the type of standard specimens or the type of means of
measurement shall be established with account being taken of the nature
of manufacture of the standard specimens and means of measurement (mass
production or one-off production).
8. The legal entities and individual entrepreneurs carrying out the
development, release from a production facility, importation into the
territory of the Russian Federation, sale and use on the territory of the
Russian Federation of the standard specimens and means of measurement
which are not intended for being used in the area of state regulation of
arrangements for the uniformity of measurements may voluntarily present
them for confirmation of the type of the standard specimens or the type
of the means of measurement.
Article 13. Verifying Means of Measurement
1. The means of measurement intended for being used in the area of
state regulation of arrangements for the uniformity of measurements are
subject to primary verification before they get commissioned and also
after a repair, and to periodical verifications in the course of
operation. The legal entities and individual entrepreneurs using means of
measurement in the area of state regulation of arrangements for the
uniformity of measurements shall timely present the means of measurement
for verification.
2. A verification of means of measurement shall be carried out the
legal entities and individual entrepreneurs accredited in the established
procedure in the area of arrangements for the uniformity of measurements.
3. The Government of the Russian Federation shall establish a list
of the means of measurement to be verified only by the state regional
metrology centres accredited in the established procedure in the area of
arrangements for the uniformity of measurements.
4. The results of a verification of means of measurement shall be
certified by a sign of verification and/or a certificate of verification.
The design of a means of measurement shall allow the application of a
sign of verification in a visible place. If the details of the design or
the operating conditions of a means of measurement do not allow the
application of a sign of verification directly to the means of
measurement it shall be applied to the certificate of verification.
5. The procedure for a verification of means of measurement, the
requirements applicable to a sign of verification and to the content of a
certificate of verification shall be established by the federal executive
governmental body charged with the functions of state policy elaboration
and normative legal regulation in the area of arrangements for the
uniformity of measurements.
6. Information on the results of a verification of means of
measurement intended for being used in the area of state regulation of
arrangements for the uniformity of measurements shall be sent to the
Federal Information Fund for Ensuring the Uniformity of Measurements by
the legal entities and individual entrepreneurs that carry out the
verification of means of measurement.
7. The means of measurement not intended for being used in the area
of state regulation of arrangements for the uniformity of measurements
may be verified on a voluntary basis.
Article 14. The Metrological Expert Examination
1. The requirements contained in draft normative legal acts of the
Russian Federation as applicable to measurements, standard specimens and
means of measurement are subject to a compulsory metrological expert
examination. The statements resulting from a compulsory metrological
expert examination in respect o said requirements shall be considered by
the federal executive governmental bodies that adopt these acts. A
compulsory metrological expert examination of the requirements contained
in draft normative legal acts of the Russian Federation as applicable to
measurements, standard specimens and means of measurement shall be
carried out by state scientific metrological institutes.
2. A compulsory metrological expert examination of standards,
products, design, construction and technological documentation and other
objects shall also take place in the procedure and in the cases envisaged
by the legislation of the Russian Federation. Said expert examination
shall be carried out by the legal entities and individual entrepreneurs
accredited in the established procedure in the area of arrangements for
the uniformity of measurements.
3. The procedure for carrying out a compulsory metrological expert
examination of the requirements contained in draft normative legal acts
of the Russian Federation as applicable to measurements, standard
specimens and means of measurement shall be established by the federal
executive governmental bodies charged with the functions of state policy
elaboration and normative legal regulation in the area of arrangements
for the uniformity of measurements.
4. The following may be carried out on a voluntary basis: a
metrological expert examination of products, design, construction and
technological documentation and other objects for which no compulsory
metrological expert examination is envisaged by the legislation of the
Russian Federation.
Article 15. The State Metrological Supervision
1. A state metrological supervision shall be carried out in respect
of:
1) the observance of the compulsory requirements in the area of
state regulation of arrangements for the uniformity of measurements
applicable to measurements, units and also to unit standards, standard
specimens and means of measurement at their release from a production
facility, importation into the territory of the Russian Federation, sale
and use on the territory of the Russian Federation;
2) the existence and observance of attested measurement
methodologies (methods);
3) the observance of the compulsory requirements applicable to the
deviation of quantity of packaged goods in packages from the declared
quantity.
2. State metrological supervision shall extend to the activities of
the legal entities and individual entrepreneurs that carry out:
1) the measurements that have to do with the area of state
regulation of arrangements for the uniformity of measurements;
2) the release from a production line of the unit standards,
standard specimens and means of measurement intended for being used in
the area of state regulation of arrangements for the uniformity of
measurements, and also their importation into the territory of the
Russian Federation, sale and use on the territory of the Russian
Federation;
3) the packing up of goods.
3. The legal entities and individual entrepreneurs that release from
production facilities the unit standards, standard specimens and means of
measurement intended for being used in the area of state regulation of
arrangements for the uniformity of measurements and also their
importation into the territory of the Russian Federation and sale shall
notify of this activity the federal executive governmental body charged
with the function of state metrological supervision within three months
after the completion thereof. The notification procedure shall be
established by the federal executive governmental body charged with the
functions of state policy elaboration and normative legal regulation in
the area of arrangements for the uniformity of measurements.
4. The compulsory requirements applicable to the deviation of the
quantity of packaged goods in packages from the declared quantity when
they are being packed up shall be established by technical regulations.
Also technical regulations may comprise compulsory requirements
applicable to the equipment used for packing up and for packing
monitoring, rules for assessing the deviation of the quantity of packaged
goods in packages from the declared quantity, the compulsory requirements
applicable to the packages, marking or labels of packed-up goods and
rules for the application thereof.
Article 16. The Federal Executive Governmental Bodies Responsible
for State Metrological Supervision
1. State metrological supervision shall be carried out by the
federal executive governmental body charged with the function of state
metrological supervision and also by the other federal executive
governmental bodies empowered by the President of the Russian Federation
or the Government of the Russian Federation to carry out this type of
supervision in the established area of activity.
2. The procedure for the pursuance of state metrological
supervision, the interaction of the federal executive governmental bodies
responsible for state metrological supervision and also for the
distribution of powers among them shall be established by the President
of the Russian Federation or the Government of the Russian Federation
within the scope of their powers. While distributing powers among the
federal executive governmental bodies charged with state metrological
supervision one shall not simultaneously vest the powers of verifying
same requirements in one inspected facility in two or more federal
executive governmental bodies.
Article 17. The Rights and Duties of Officials in State Metrological
Supervision
1. The duty of carrying out verification in the course of state
metrological supervision is vested in officials of the federal executive
governmental bodies responsible for state metrological supervision and of
their territorial bodies.
2. Having shown their service identity cards and a verification
order of the federal executive governmental body charged with state
metrological supervision the officials who carry out the verification
described in Part 1 of the present article are entitled are entitled to:
1) visit facilities (areas and premises) of legal entities and
individual entrepreneurs for the purpose of carrying out state
metrological supervision when they are executing their service duties;
2) obtain the documents and information required for the purposes of
verification.
3. The officials who carry out state metrological supervision shall:
1) verify the conformity of used units with the units admitted for
being used in the Russian Federation;
2) verify the condition and use of unit standards, standard
specimens and means of measurement for the purpose of establishing if
they meet compulsory requirements;
3) verify the existence and observance of attested measurement
methodologies (methods);
4) verify the observance of the compulsory requirements applicable
to measurements and the compulsory requirements applicable to the
deviation of quantity of packaged goods in packages from the declared
quantity;
5) verify the observance by the legal entities and individual
entrepreneurs specified in Part 3 of Article 15 of the present Federal
Law of the established procedure for notification of their activities;
6) observe state, commercial, service and other law-protected
secrets.
4. If irregularities have been discovered an official who is
carrying out state metrological supervision shall:
1) prohibit the release from a production facility, the importation
into the territory of the Russian Federation and sale of standard
specimens and means of measurement of non-approved types that are
intended for being used in the area of state regulation of arrangements
for the uniformity of measurements or standard specimens and means of
measurement that do not meet compulsory requirements and are intended for
being used in the area of state regulation of arrangements for the
uniformity of measurements (except for the release from a production
facility and importation into the territory of the Russian Federation of
standard specimens or means of measurement that are intended for testing
standard specimens or means of measurement for the purpose of confirming
a type);
2) prohibit the use of standard specimens and means of measurement
of non-approved types or standard specimens and means of measurement that
do not meet compulsory requirements and also non-verified means of
measurement when measurements relating to the area of state regulation of
arrangements for the uniformity of measurements are being performed;
3) apply to means of measurement a sign of unserviceability in cases
when a means of measurement does not meet compulsory requirements;
4) issue binding orders and set a term for elimination of a breach
of the compulsory requirements established by the legislation of the
Russian Federation;
5) send materials on a breach of provisions of the legislation of
the Russian Federation on ensuring the uniformity of measurements to
judicial and investigation bodies and also to the federal executive
governmental body charged with attestation in the area of arrangements
for the uniformity of measurements in the cases envisaged by the
legislation of the Russian Federation;
6) take other measures in accordance with the legislation of the
Russian Federation.
5. The form of the sign of unserviceability of means of measurement
and the procedure for the application thereof shall be established by the
federal executive governmental body charged with the functions of state
policy elaboration and normative legal regulation in the area of
arrangements for the uniformity of measurements.
Chapter 4. Calibrating Means of Measurement
Article 18. Calibrating Means of Measurement
1. The means of measurement not intended for being used in the area
of state regulation of arrangements for the uniformity of measurements
may be subjected to calibration on a voluntary basis. The calibration of
means of measurement shall be carried out as involving the use of the
unit standards traceable to the primary state standards of the relevant
units or to the national unit standards of foreign states if there are no
relevant primary state unit standards.
2. The legal entities and individual entrepreneurs carrying out the
calibration of means of measurement on a voluntary basis may be
accredited in the area of arrangements for the uniformity of
measurements.
3. The results of a calibration of means of measurement completed by
legal entities or individual entrepreneurs accredited in the established
procedure in the area of arrangements for the uniformity of measurements
may be used in the verification of means of measurement in the procedure
established by the federal executive governmental body charged with the
functions of state policy elaboration and normative legal regulation in
the area of arrangements for the uniformity of measurements.
Chapter 5. Accreditation in the Area of Arrangements
for the Uniformity of Measurements
Article 19. Accreditation in the Area of Arrangements for the
Uniformity of Measurements
1. Accreditation in the area of arrangements for the uniformity of
measurements shall be carried out for the purpose of official recognition
of a legal entity's or individual entrepreneur's capacity to carry out
the works and/or provide the services of ensuring the uniformity of
measurements in keeping with the present Federal Law. These works and/or
services are as follows:
1) the attestation of the measurement methodologies (methods) that
have to do with the area of state regulation of arrangements for the
uniformity of measurements;
2) the testing of standard specimens or means of measurement for the
purposes of confirming a type;
3) the verification of means of measurement;
4) a compulsory metrological expert examination of standards,
products, design, construction and technological documentation and other
facilities that is carried out in the cases envisaged by the legislation
of the Russian Federation.
2. Accreditation in the area of arrangements for the uniformity of
measurement shall be carried out on the basis of the following
principles:
1) voluntary participation;
2) the expert knowledge and independence of accreditation experts;
3) the prohibition of combining the powers of accreditation and the
performance of the works and/or services specified in Part 1 of the
present article;
4) the use of uniform accreditation rules, and the transparency and
accessibility thereof;
5) the provision of equal conditions for the persons contending for
accreditation;
6) the prohibition of illegal restrictions on the rights of
accredited legal entities and individual entrepreneurs to perform works
and/or services in the area of arrangements of the uniformity of
measurements for all consumers (customers) on the entire territory of the
Russian Federation.
3. The regulations on a system of accreditation in the area of
arrangements for the uniformity of measurements that designate the
federal executive governmental body responsible for accreditation in the
area of arrangements for the uniformity of measurements and contain the
structure of the system, an accreditation procedure, a procedure for
setting accreditation criteria, a procedure for attestation of the
accreditation experts recruited on a contractual basis by the federal
executive governmental body responsible for accreditation in the area of
arrangements for the uniformity of measurements and a procedure for
payment for the work of said experts shall be endorsed by the Government
of the Russian Federation.
Chapter 6. The Federal Information Fund
for Ensuring the Uniformity of Measurements
Article 20. The Federal Information Fund for Ensuring the Uniformity
of Measurements
1. Normative legal acts of the Russian Federation, normative
documents, information databases, international documents, international
treaties of the Russian Federation in the area of arrangements for the
uniformity of measurements, information attested measurement
methodologies (methods), a comprehensive list of the measurements
relating to the area of state regulation of arrangements for the
uniformity of measurements, information on state unit standards,
information on confirmed types of standard specimens or types of means of
measurement, information on the results of verification of means of
measurement shall make up the Federal Information Fund for Ensuring the
Uniformity of Measurements. The keeping of the Federal Information Fund
for Ensuring the Uniformity of Measurements and the provision of the
information contained therein shall be organised by the federal executive
governmental body charged with the function of state service provision
and state property management in the area of arrangements for the
uniformity of measurements.
2. In the procedure established by Part 3 of the present article
persons concerned shall be provided with the documents and information
contained in the Federal Information Fund for Ensuring the Uniformity of
Measurements, except for cases when such access to said documents and
information is to be restricted in the interests of non-disclosure of
state, commercial, service and/or other law-protected secrets.
3. The procedure for setting up and keeping the Federal Information
Fund for Ensuring the Uniformity of Measurements, for the transfer of
information into it and provision of the documents and information
contained therein shall be established by the federal executive
governmental body charged with the functions of state policy elaboration
and normative legal regulation in the area of arrangements for the
uniformity of measurements.
Chapter 7. The Organisational Foundation
Ensuring the Uniformity of Measurements
Article 21. The Federal Executive Governmental Bodies, State
Scientific Metrological Institutes, State Regional
Metrology Centres, Metrology Services and Organisations
Pursuing the Activity of Ensuring the Uniformity of
Measurements
1. The activity of ensuring the uniformity of measurement is based
on the legislation of the Russian Federation on ensuring the uniformity
of measurements and it shall be pursued by:
1) the federal executive governmental bodies charged with the
functions of state policy elaboration and normative legal regulation,
state service provision and state property management in the area of
arrangements for the uniformity of measurements and state metrological
supervision;
2) the state scientific metrological institutes and state regional
metrology centres which are under the jurisdiction of the federal
executive governmental body charged with the functions of state service
provision and state property management in the area of arrangements for
the uniformity of measurements;
3) the State Service on Time, Frequency and Assessment of Earth
Rotation Parameters, the State Service on Standard Reference Data on
Physical Constants and the Properties of Substances and Materials, the
State Service on Standard Specimens of Composition and Properties of
Substances and Materials directed by the federal executive governmental
body charged with the functions of state service provision and state
property management in the area of arrangements for the uniformity of
measurements;
4) metrological services, including the legal entities and
individual entrepreneurs accredited in the established procedure in the
area of arrangements for the uniformity of measurements.
2. Below are the basic tasks of the federal executive governmental
bodies charged with the functions of state policy elaboration and
normative legal regulation, state service provision and state property
management in the area of arrangements for the uniformity of measurements
and state metrological supervision:
1) state policy elaboration and normative legal regulation in the
area of arrangements for the uniformity of measurements and also the
coordination of the activity of normative legal regulation in this area;
2) the organisation of interaction with governmental bodies of
foreign states and with international organisations in the area of
arrangements for the uniformity of measurements;
3) state policy implementation in the area of arrangements for the
uniformity of measurements;
4) the coordination of the activity of implementing state policy in
the area of arrangements for the uniformity of measurements;
5) the carrying out of state metrological supervision and the
coordination of the activity of implementing it.
3. The distribution of powers among the federal executive
governmental bodies charged with the functions of state policy
elaboration and normative legal regulation, state service provision and
state property management in the area of arrangements for the uniformity
of measurements and state metrological supervision shall be done by the
Government of the Russian Federation.
4. Below are the basic tasks of state scientific metrological
institutes:
1) carrying out fundamental and applied scientific research,
experimental development and pursuing scientific and technological
activities in the area of arrangements for the uniformity of
measurements;
2) elaborating, improving, maintaining, comparing and using primary
state unit standards;
3) transferring units from primary state unit standards;
4) taking part in the elaboration of draft normative documents in
the area of arrangements for the uniformity of measurements;
5) carrying out a compulsory metrological expert examination of the
requirements applicable to measurements, standard specimens and means of
measurement contained in draft normative legal acts of the Russian
Federation;
6) creating and keeping the Federal Information Fund for Ensuring
the Uniformity of Measurements and providing the documents and
information contained therein;
7) taking part in international cooperation in the area of
metrology.
5. Also state scientific metrological institutes may carry out the
other works and/or provide the other services whereby the uniformity of
measurements is ensured.
6. Below are the basic tasks of state regional metrology centres:
1) verifying means of measurement in accordance with the scope of
accreditation established;
2) improving, maintaining and using the state unit standards used to
ensure the traceability of other unit standards and means of measurements
to primary state unit standards.
7. Also state regional metrology centres may carry out the other
works and/or provide the other services whereby the uniformity of
measurements is ensured.
8. The State Service on Time, Frequency and Assessment of Earth
Rotation Parameters shall carry out the scientific and technological as
well as metrological activities of reproducing a national time scale and
standard frequencies, assessing the parameters of the Earth's rotation
and also catering for the state's need for standard time and frequency
signals and for information on the parameters of the Earth's rotation.
9. The State Service on Standard Specimens of Composition and
Properties of Substances and Materials shall carry out the activity of
elaborating, testing and introducing standard specimens of composition
and properties of substances and materials for the purposes of ensuring
the uniformity of measurements on the basis of application of said
standard specimens and also the activity of keeping relevant sections of
the Federal Information Fund for Ensuring the Uniformity of Measurements.
10. The State Service on Standard Reference Data on Physical
Constants and the Properties of Substances and Materials shall carry out
the activity of elaborating and introducing standard reference data on
physical constants and the properties of substances and materials in
science and technology for the purposes of ensuring the uniformity of
measurements on the basis of application of said standard reference data
and also the activity of keeping relevant sections of the Federal
Information Fund for Ensuring the Uniformity of Measurements.
11. The State Service on Time, Frequency and Assessment of Earth
Rotation Parameters, the State Service on Standard Reference Data on
Physical Constants and the Properties of Substances and Materials and the
State Service on Standard Specimens of Composition and Properties of
Substances and Materials shall carry out activities in compliance with
regulations on them endorsed by Decision of the Government of the Russian
Federation.
Article 22. The Metrological Services of Federal Executive
Governmental Bodies
1. The federal executive governmental bodies that carry out
functions in the areas of activity specified in Parts 3 and 4 of Article
1 of the present Federal Law shall form metrological services and/or
designate officials for the purpose of organising the activity of
ensuring the uniformity of measurements in the established procedure
within the scope of their powers.
2. The rights and duties of the metrological services of federal
executive governmental bodies and the procedure for organising and
coordinating their activities shall be defined by regulations on the
metrological services endorsed by the heads of the federal executive
governmental bodies that have set up metrological services by agreement
with the federal executive governmental bodies charged with the functions
of state policy elaboration and normative legal regulation in the area of
arrangements for the uniformity of measurements.
Chapter 8. Liabilities for a Breach of the Legislation
of the Russian Federation on Ensuring
the Uniformity of Measurements
Article 23. The Liabilities of Legal Entities, Their Heads and
Employees and Individual Entrepreneurs
The legal entities, their heads and employees and the individual
entrepreneurs that have committed a breach of the legislation of the
Russian Federation on ensuring the uniformity of measurements, that are
obstructing without good reason the performance of state metrological
supervision and/or defaulting within the established term on the
performance of orders of the federal executive governmental bodies
charged with state metrological supervision on elimination of
irregularities discovered shall be liable under the legislation of the
Russian Federation.
Article 24. The Liabilities of Officials
1. For breaches of the legislation of the Russian Federation on
ensuring the uniformity of measurements officials of the federal
executive governmental bodies that carry out the functions of state
policy elaboration and normative legal regulation, state service
provision, state property management in the area of arrangements for the
uniformity of measurements and also the federal executive governmental
bodies responsible for state metrological supervision and the
organisations subordinated thereto shall be liable under the legislation
of the Russian Federation.
2. The actions (omissions) of officials are subject to appeal under
the legislation of the Russian Federation. An appeal taken from actions
(omissions) of officials shall not suspend the performance of their
orders, except for the cases established by the legislation of the
Russian Federation.
Chapter 9. Financing in the Area of Arrangements
for the Uniformity of Measurements
Article 25. Financing in the Area of Arrangements for the Uniformity
of Measurements with Federal Budget Funds
Federal budget funds shall be used to finance expenditures towards:
1) the elaboration, improvement and maintenance of primary state
unit standards;
2) the elaboration and improvement of state unit standards;
3) fundamental research in the field of metrology;
4) the performance of works relating to the activities of the State
Service on Time, Frequency and Assessment of Earth Rotation Parameters,
the State Service on Standard Reference Data on Physical Constants and
the Properties of Substances and Materials and the State Service on
Standard Specimens of Composition and Properties of Substances and
Materials;
5) the elaboration of the normative documents in the area of
arrangements for the uniformity of measurements endorsed by federal
executive governmental bodies;
6) the performance of the work of state metrological supervision;
7) the comparison of primary state unit standards with the unit
standards of the International Bureau of Measures and Weights and
national unit standards of foreign states;
8) the payment of the Russian Federation's contributions to
international metrology organisations;
9) the formation and keeping of the Federal Information Fund for
Ensuring the Uniformity of Measurements;
10) payment for the work of accreditation experts recruited on a
contractual basis by the federal executive governmental body charged with
accreditation in the area of arrangements for the uniformity of
measurements.
Article 26. Payment for the Works and/or Services Ensuring the
Uniformity of Measurements
1. The works and/or services of carrying out a compulsory
metrological expert examination of the requirements contained in draft
normative legal acts of the Russian Federation as applicable to
measurements, standard specimens and means of measurement, of
transferring units from state unit standards and of verifying the means
of measurements included in a list of the means of measurement which are
verified only by the state regional metrology centres accredited in the
area of arrangements for the uniformity of measurements shall be paid for
at regulated prices in the procedure established by the Government of the
Russian Federation.
2. The works and/or services of carrying out a test of standard
specimens or means of measurement for the purposes of confirming a type,
attesting measurement methodologies (methods), the metrological expert
examination specified in Parts 2 and 4 of Article 14 of the present
Federal Law, of verifying the means of measurement not included in the
list of means of measurement specified in Part 1 of the present article
and of calibrating means of measurements shall be paid for by persons
concerned in accordance with the terms of agreements (contracts), except
as otherwise envisaged by the legislation of the Russian Federation.
Chapter 10. Conclusive Provisions
Article 27. Conclusive Provisions
1. The normative legal acts of the Russian Federation envisaged by
the present Federal Law, except for the normative legal acts of the
Russian Federation deemed legislation of the Russian Federation on
technical regulation shall be adopted within two years after the entry
into force of the present Federal Law.
2. Before the entry into force of the present Federal Law the
federal executive governmental bodies responsible for normative legal
regulation in the areas of activity specified in Part 3 of Article 1 of
the present Federal Law shall determine within the scope of their powers
lists of the measurements deemed to be within the area of state
regulation of arrangements for the uniformity of measurements by
agreement with the federal executive governmental body charged with the
functions of state policy elaboration and normative legal regulation in
the area of arrangements for the uniformity of measurements.
3. The normative legal acts of the Government of the Russian
Federation and also the metrological rules and norms adopted pursuant to
Law of the Russian Federation No. 4871-I of April 27, 1993 on Ensuring
the Uniformity of Measurements shall keep effective in as much as they
are consistent with the present Federal Law from the date of entry into
force of the present Federal Law and until the entry into force of the
normative legal acts of the Russian Federation envisaged by the present
Federal Law.
4. The documents issued in compliance with the metrological rules
and norms specified in Part 3 of the present article shall keep effective
until the end of their effective term.
Article 28. On Deeming as No Longer Effective Some Legislative Acts
(Provisions of Legislative Acts) of the Russian
Federation
As of the date of entry into force of the present Federal Law the
following shall be deemed no longer effective:
1) Law of the Russian Federation No. 4871-I of April 27, 1993 on
Ensuring the Uniformity of Measurements (Vedomosti S'ezda Narodnykh
Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy
Federatsii, item 811, No. 23, 1993);
2) Resolution of the Supreme Soviet of the Russian Federation No.
4872-I of April 27, 1993 on Putting into Force the Law of the Russian
Federation on Ensuring the Uniformity of Measurements (Vedomosti S'ezda
Narodnykh Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy
Federatsii, item 812, No. 23, 1993);
3) Article 7 of Federal Law No. 15-FZ of January 10, 2003 on
Amending Some Legislative Acts of the Russian Federation in Connection
with the Adoption of the Federal Law on Licensing Specific Types of
Activity (Sobranie Zakonodatelstva Rossiyskoy Federatsii, item 167, No.
2, 2003).
Article 29. The Entry into Force of the Present Federal Law
The present Federal Law shall enter into force upon the expiry of
180 days after its official publication.
President
of the Russian Federation D.Medvedev
The Kremlin,
Moscow
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