Provision on the National Accreditation Agency of Ukraine

APPROVED BY
Decree of the Ministry of Economic
Development and Trade of Ukraine
No. 161 dated 08.02.2017

1. The National Accreditation Agency of Ukraine (hereinafter – NAAU) is the national accreditation body of Ukraine. NAAU is a state organization established by the Ministry of Economic Development and Trade of Ukraine (hereinafter – Ministry of Economic Development), belongs to its management and performs noncommercial economic activity.

The Ministry of Economic Development and Trade of Ukraine has no right to interfere in the accreditation activity of NAAU.

2. In its activity, NAAU is regulated by the Constitution and laws of Ukraine, decrees of the President of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted pursuant to the Constitution and laws of Ukraine, acts of the Cabinet of Ministry of Ukraine, Orders of the Ministry of Economic Development and Trade of Ukraine and this Provision.

3. Full name:

  • Ukrainian – Національне агентство з акредитації України;
  • English – National Accreditation Agency of Ukraine.

4. Short name:

Ukrainian – НААУ;
English – NAAU.

5. NAAU location: 18/7 Generala Almazova Street, Kyiv, 01133.

6. The main objectives of NAAU are:

  • ensuring a unified technical policy in the sphere of conformity assessment;
  • ensuring consumer confidence in conformity assessment activities;
  • creating conditions for mutual recognition of results of accredited bodies’ activity at the international level;
  • elimination of technical barriers to trade.

7. The main principles of NAAU activity are:

  • ensuring equal rights, lawful interests of all interested parties;
  • accessibility and impartiality of accreditation activity;
  • transparency in accreditation activity;
  • professional competence of works executors;
  • voluntary character of accreditation;
  • ensuring participation of executive authorities and public organization on a parity basis;
  • application of accreditation requirements harmonized with international and European standards;
  • adherence to public interests;
  • confidentiality of information obtained during the accreditation process.

8. The main functions of NAAU in accordance to its tasks are:

  • accreditation of conformity assessment bodies, including making decisions on accreditation, refusal to grant accreditation, extending and reducing the scope of accreditation, suspension, renewal or withdrawing of accreditation;
  • monitoring of compliance with accreditation requirements by accredited conformity assessment bodies (hereinafter – monitoring) through surveillance, reassessments and non-planned assessments;
  • approval of:

- rules of accreditation, accreditation works program;
- rules of monitoring;
- rules of dealing with complaints relating to activities of  conformity assessment bodies;
- qualification requirements, order and rules of attestation of accreditation personnel;
- composition of the Attestation Commission of Accreditation Personnel;
- provision on Commission on Appeals;
- methodological recommendations on accreditation issues;

  • organization of selection, training and attestation of accreditation personnel, its involvement in performing accreditation works;
  • keeping the register of accredited conformity assessment bodies and the register of accreditation personnel;
  • participation in the work on harmonization of normative and legislative documents, national standards and other documents on accreditation with international and European rules and standards determining requirements to NAAU and accredited conformity assessment bodies;
  • representation and participation on behalf of Ukraine in international, European and other regional accreditation organizations;
  • conclusion of international agreements on cooperation and mutual recognition of accreditation of conformity assessment bodies;
  • organization of informational support on accreditation issues, including publication on its web site texts of normative and legal and other documents on accreditation issues, information about types of conformity assessment activity where NAAU conducts accreditation, as well as any related changes with reference to appropriate normative and legal acts and standards;
  • setting up technical committees for accreditation and approval of their Provision;
  • providing reports on NAAU activity results for corresponding period to the Ministry of Economic Development and Trade of Ukraine annually – not later than March, 1 and quarterly – not later than the 20th of a month coming after the reporting period;
  • performing publishing activity according to the objectives determined by this Provision;
  • performing functions relating to accreditation of entities, other than conformity assessment bodies, and confirmation of competence of persons in the activity other than conformity assessment in cases envisaged by the legislation;
  • organization and conducting workshops on accreditation issues;
  • conduct of research works in the accreditation sphere.

9. NAAU has the right:

  • to form expert commissions (groups) and to involve external accreditation personal in their work on a contractual basis;
  • to make a decision on accreditation, refusal to grant accreditation, extending and reducing the accreditation scope, suspending and renewal of the accreditation certificate;
  • to have NAAU representatives in other regions of Ukraine;
  • to establish branches, representative offices and other separate units.

10. NAAU is obliged to:

  • be organized in a way to ensure its independence from conformity assessment bodies, assessed by it, any commercial pressure, as well as to prevent conflicts of interest with conformity assessment bodies;
  • be organized and operate so as to ensure objectivity and impartiality of its activities;
  • ensure making every decision related to confirmation of competence of conformity assessment body by competent persons who did not perform the assessment of this body;
  • to take adequate measures to ensure the confidentiality of information received;
  • define the types of conformity assessment activity for which it is competent to perform accreditation, referring to the relevant normative and legal acts and standards;
  • establish the necessary procedures to ensure efficient management and appropriate internal control;
  • have at its disposal a sufficient number of competent personnel for the proper performance of their tasks;
  • document the duties, responsibilities and authorities of personnel who can influence the assessment quality and confirmation of competence;
  • establish, implement and maintain procedures for monitoring the competence of personnel involved and the state of performance of their duties;
  • check if accredited conformity assessment bodies conducted conformity assessment in proportional manner, without laying undue burden on business entities and taking due account of the value of enterprise that orders works on conformity assessment, the industry in which it operates, its structure, the degree of complexity of the manufacturing technology of relevant products, and mass or serial nature of the production process;
  • take all adequate measures in order to restrict the scope of accreditation, temporary suspend or withdraw the accreditation certificate in case of loss by the accredited conformity assessment body of competence in conducting certain conformity assessment activity or committing gross violation of duties by an accredited conformity assessment body;
  • make publicly available annual financial reports prepared in accordance with generally accepted accounting principles.

11. It is forbidden for NAAU:

  • to provide or offer activity (services) performed (provided) by conformity assessment bodies;
  • to provide consultancy;
  • to be a shareholder or participant (founder) of conformity assessment bodies or otherwise to participate in their management or get benefits from their activity.

12. NAAU includes:

  • Accreditation Council;
  • technical committees for accreditation;
  • Commission on Appeals

13. The Ministry of Economic Development and Trade of Ukraine:

  • consolidates NAAU property required for its activity;
  • gives NAAU orders to perform the activity according to clause 5 of this Provision and performs its funding if it is carried on the account of the State Budget resources;
  • in the case NAAU does not meet the requirements or does not fulfill its obligations envisaged by the Law of Ukraine “On accreditation of conformity assessment bodies” it takes appropriate corrective action or ensures that such corrective action are taken by NAAU;
  • in due course monitors NAAU in order to ensure its fulfillment of the requirements to the national accreditation body of Ukraine on a regular basis;
  • approves the procedure for determination of cost for accreditation and monitoring works;
  • controls fulfillment by NAAU of its responsibilities, adherence to defined rules of financial and business activity, use and keeping of property attached to it and has a right to withdraw excessive property as well as unused property or the property misused by NAAU;
  • approves the staffing table and NAAU organizational structure;
  • approves candidates for NAAU deputies Chairman and head of NAAU legal service;
  • approves in accordance with legislation the establishment of NAAU branches and provisions on their activities;
  • approves abroad business trips for NAAU Chairman;
  • sets up description and rules of the national accreditation symbol;
  • takes into account proposals of the Accreditation Council concerning candidatures for the position of NAAU Chairman;
  • appoints and fires NAAU Chairman;
  • executes other functions envisaged by the legislation.

14. NAAU is a legal entity since its state registration performed according to current legislation.

15. NAAU performs its economic activity in compliance with current legislation and this Provision.

16. NAAU has its own balance, stamp, letterheads with the small State Emblem of Ukraine and its name, the national accreditation symbol registered in compliance with current legislation.

17. NAAU is responsible for:

  • development of policy on its quality activities, confidentiality of this policy and its implementation;
  • procedure of keeping accounting documents during the period connected with its contracts and legal liabilities;
  • performing of accreditation assessment in compliance with current legislation
  • making decision on accreditation, refusal to grant accreditation, extending and reducing accreditation scope, suspension, renewal or withdrawing of accreditation;
  • financial and economic activity of NAAU.

18. NAAU performs accreditation in compliance with the requirements set by the accreditation legislation, national accreditation standards, harmonized with corresponding international and European standards as well as other accreditation documents adopted by NAAU, international and European accreditation organizations. The list of titles and identifications of such statements and documents, texts of normative and legal documents relating to accreditation as well as texts of other documents on accreditation adopted by NAAU are made publicly available on the NAAU web site.

19. NAAU is responsible for its liabilities within its property. NAAU is not responsible for the owner’s liabilities and the owner is not responsible for NAAU liabilities except for cases envisaged by the Commercial Code of Ukraine.

20. NAAU has the right to make agreements, acquire property and personal non-property rights, to deal with claims, to be a plaintiff and defendant in Ukrainian and foreign courts.

21. NAAU property is principal funds and current funds as well as other assets, the cost of which is reflected in the separate NAAU balance.

22. NAAU property is a state property consolidated according to the right of operating management.

23. Sources of NAAU property are:

  • property given by the founder and other executive authorities, enterprises, organizations;
  • funds obtained as payments for accreditation and monitoring works;
  • budget funds;
  • credits obtained from banks and other creditors;
  • capital investments and budget subsidies;
  • other revenues not prohibited by the legislation.

24. Funding sources of NAAU accreditation activity are:

  • funds obtained as payment for accreditation and monitoring works;
  • budget funds;
  • other funds envisaged by the legislation.

Budget funds allocated for accreditation purposes can be used exceptionally for:

  • research works;
  • development of drafts of normative and legal documents, national standards and other documents on accreditation;
  • participation in international, European and other regional organizations, including payment of membership fees to these organizations.

Funding of the above-mentioned areas can be performed also due to other funds obtained as a result of accreditation activity.

Net income obtained through financial – economic activity is used by NAAU for financing the development of its activity with respect to legislation requirements.

25. NAAU plans and carries out its economic activity according to orders of the Ministry of Economic Development provided they are carried out with budget funds and civil legal agreements.

NAAU funds are used in compliance with the legislation.

25. NAAU is headed by a Chairman appointed to this post for a term of five years and fired by the Ministry of Economic Development.

The Chairman of NAAU can be a citizen of Ukraine, who permanently lives in Ukraine, has complete higher education, no less than five years of general work experience on leading positions, no less than two years of experience in the field of accreditation of conformity assessment bodies or conformity assessment performance.

The Chairman of NAAU cannot be a person, who is a head of a conformity assessment body or a member of supreme, executive, control body or a supervisory board of a conformity assessment body, or a direct or mediated owner of stocks (parts, shares) of conformity assessment bodies, or is convicted for the commission of crime.

The Chairman of NAAU is fired in the following cases:

  • completion of term of appointment;
  • submission of the application on removal from his post at his own request;
  • an accusatory sentence of court in force;
  • termination of citizenship or departure outside Ukraine for a permanent residence;
  • detection or occurrence of circumstances, which eliminate possibility of a person to be a Chairman of NAAU in accordance with the second and third paragraphs of this clause;
  • a single act of gross violation of legislation in the sphere of accreditation;
  • creating obstacles for monitoring of compliance with the requirement to the national accreditation body of Ukraine, or failure to take corrective action as provided by law at the request of the Ministry of Economic Development;
  • non-fulfillment of official duties, including for health reasons, during more than four consecutive months;
  • court order in force about recognition a person as legally incapable.

Authorities of the NAAU Chairman are terminated in case of his death or upon a court decision regarding the announcement that a person is dead.

The Chairman of NAAU:

  • has personal responsibility for the fulfillment of tasks assigned for NAAU;
  • independently resolves all issues of economic and financial activity of NAAU (except those related to the founder’s competence), disposes of NAAU property and its funds in compliance with the legislation and this Provision;
  • represents NAAU in relation with state bodies, enterprises, institutions, organizations and citizens;
  • issues a power of attorney on behalf of NAAU to conclude certain agreements;
  • approves provisions on NAAU structural units
  • concludes on behalf of the owner (the property authority) a collective agreement;
  • opens accounts in bank institutions;
  • decides on the selection, training and skills development, appointment and dismissal of NAAU personnel, except deputies Chairman and head of the NAAU legal service, who are appointed and dismissed by the NAAU Chairman upon approval of the Ministry of Economic Development and Trade, distributes functions among them, takes measures concerning their encouragement and imposes disciplinary measures;
  • makes decisions on introducing proprietary and discipline reprimands on NAAU personnel;
  • in accordance with the legislation establishes a schedule of working hours, forms and salary system, sets specific dimensions of personnel wage rates, piece rates, salaries under the conditions stipulated by the collective agreement;
  • makes decisions on material encouragement (rewarding) of NAAU personnel;
  • provides safe working conditions of NAAU personnel;
  • approves structure and staff schedule of NAAU upon agreement of the Ministry of Economic Development;
  • gives proposals on amendments to this Provision to the Ministry of Economic Development;
  • takes timely measures to prevent NAAU bankruptcy in the case of its insolvency;
  • approves own abroad business trips with the Ministry of Economic Development;
  • regulates other issues concerning NAAU activity.

27. Liquidation and reorganization (merging, joining, division, allocation and reformation) of NAAU is made by the decision of the Ministry of Economic Development in compliance with the current legislation.

28. In case of NAAU bankruptcy its liquidation is performed according to the legislation.

29. Liquidation of NAAU is performed by a liquidation commission created by the Ministry of Economic Development. The liquidation commission includes the representatives of the Ministry and NAAU. The Ministry of Economic Development defines the order and terms of liquidation and also terms for claims in compliance with the current legislation. Since its appointment, the liquidation commission receives the authority to administer the NAAU property. The liquidation commission makes up a liquidation balance of NAAU and submits it to a body that appointed the commission.

30. In case of NAAU liquidation or reorganization, fired employees are guaranteed to follow the rules and the interests according to the requirements of the labor legislation of Ukraine.

31. NAAU is deemed to have ceased its activities since the introduction of its termination record to the Unified State Register of legal entities and natural persons – entrepreneurs and public associations.