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Mikhail KaykovMikhail KaykovVice-President of Russian Builders Vice-President of Russian Builders

AssociationAssociationPresident of the Railway Constructors President of the Railway Constructors

UnionUnionVienna March-Vienna March-10-1110-11,, 2011 2011

Technical regulation of the construction sphere in Russia

Regulation efficiency Regulation efficiency ((APEC dataAPEC data))

► technical regulation technical regulation ((non-tariffnon-tariff))

allowsallows to increase the share of profits by an average of to increase the share of profits by an average of 0,26% of GDP0,26% of GDP. .

► tariff regulationtariff regulation

allows to increase the share of profits by an average of allows to increase the share of profits by an average of 0,14% of GDP.0,14% of GDP.

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Agreement between Agreement between Russia and EURussia and EU

pp. 55. 55

► The parties accept an important condition of The parties accept an important condition of economic ties strengthening between Russia and the economic ties strengthening between Russia and the Community is the approximation of legislation. Community is the approximation of legislation. Russia should provide a gradual convergence of its Russia should provide a gradual convergence of its laws with EU legislation. laws with EU legislation.

► Approximation of the laws Approximation of the laws will, in particular, apply to will, in particular, apply to the following areas: (...), health and human life (...), the following areas: (...), health and human life (...), environmental protection, consumer protection, environmental protection, consumer protection, technical regulations and standards technical regulations and standards (...). (...).

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Federal actFederal act««About Federal Act amending About Federal Act amending ««About thechnical regulationAbout thechnical regulation» »

dd.dd. 30.12.2009 № 385: 30.12.2009 № 385:

The opportunity for a transitional period before The opportunity for a transitional period before the adoption of technical regulations impose the adoption of technical regulations impose requirements for products and related requirements for products and related requirements of its processes used in the states requirements of its processes used in the states of the Customs Union and the European Unionof the Customs Union and the European Union;;

Usage of international standards, regional Usage of international standards, regional standards and regional codes of practice, standards and regional codes of practice, standards and codes of practice of foreign standards and codes of practice of foreign countries to comply with the technical countries to comply with the technical regulationsregulations;;

AT THE SAME TIMEAT THE SAME TIME::

pp 5.1. 5.1. Features of technical Features of technical regulation in the security of regulation in the security of

buildings and structuresbuildings and structures

► ((the Federal Law ddthe Federal Law dd 30.12.2009 N 384- 30.12.2009 N 384-FLFL))► FeaturesFeatures of technical regulation in the security of of technical regulation in the security of

buildings and structures established by the Federal Law buildings and structures established by the Federal Law "Technical Regulations on the Safety of buildings and "Technical Regulations on the Safety of buildings and structures." structures." List of national standards and codes of practice, as a List of national standards and codes of practice, as a

result of which is provided on a result of which is provided on a mandatory basis mandatory basis compliance (RF Government Statement dd. June-21, compliance (RF Government Statement dd. June-21, 2010 № 1047-p) 2010 № 1047-p)

► Contrary to the New and Modular approach in building Contrary to the New and Modular approach in building the EU - Directive 89/106/ES and decisions of the the EU - Directive 89/106/ES and decisions of the Commission under the President of the Russian Commission under the President of the Russian Federation dd. January-20, 2010.Federation dd. January-20, 2010. 5

The results of the technical The results of the technical regulation reform in construction regulation reform in construction

for 8 yearsfor 8 years

► Refusal of mandatory Refusal of mandatory SNiPs registration SNiPs registration by Ministry of Justice by Ministry of Justice in 2003 in connection with the entry into force of the Federal in 2003 in connection with the entry into force of the Federal Law № 184 “On technical regulation”. Law № 184 “On technical regulation”.

► Absence of a law "On accreditation” and single accreditation Absence of a law "On accreditation” and single accreditation body - 16 systems, body - 16 systems, is discussed is discussed since 2005. President of since 2005. President of Russia Decree from January 2011 on a single organ. Russia Decree from January 2011 on a single organ.

► A new approach in construction under line with Directive A new approach in construction under line with Directive 89/106/ES (89/106/ES (voluntary application of standards and conformity voluntary application of standards and conformity assessment EN mandatory requirements notified bodiesassessment EN mandatory requirements notified bodies).).

► Obligation of SNiPs Obligation of SNiPs since July 2010since July 2010.► The absence of notified authorities institute in the The absence of notified authorities institute in the

amendments dd. October-20, 2010, amendments dd. October-20, 2010, has been discussed since has been discussed since 20022002.

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Trade barriers are a obstacleTrade barriers are a obstacleto the development of the European economyto the development of the European economy

Construction industry in Russia Construction industry in Russiainin 2011 2011

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ImprovingProduct qualityand European

Competitiveness

Quality police

Global approach

New approach

Old approach

*1994

*1989

*1985

*1983

*1979

*

Events ofnon-regulatorynature

Events of regulatory nature Russia 2011

1980

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Directive 89/106 /ЕС

Voluntary standards EN

One of the priorities - attracting foreign investment in Russian infrastructure

projects under PPP

≠

9

Notification bodies

Mandatory codes of practice

16 accreditation systems

Technical Regulations

Voluntary standards

Projects insurance

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Voluntary Eurocodes – as integration tool

Directive and the Eurocodes refer to the harmonized European

and international standards (about 2500).

Directive 89/106/ESS of EU member states law approximation on

building products establishes the essential requirements for safety of

construction products

Eurocodes (Standards EN) serve to unify the design

methods in accordance with the requirements of the

Directive

Harmonsation

Presumption of

conformity

Presumption of suitability

Harmonized standardHarmonized standard

► Simplifies and speeds up the procedure of conformity Simplifies and speeds up the procedure of conformity assessment, especially when it is necessary to prove assessment, especially when it is necessary to prove compliance with a number of Directives. compliance with a number of Directives.

► Publication in the Official Journal confirms that the EU Publication in the Official Journal confirms that the EU Commission has established the Commission has established the sufficiency of the sufficiency of the harmonized standard for execution of basic harmonized standard for execution of basic requirements. requirements.

► The use of harmonized standards can only be The use of harmonized standards can only be voluntaryvoluntary.

► Any other way of proving compliance with the essential Any other way of proving compliance with the essential requirements of Directive is more expensive and much requirements of Directive is more expensive and much time-taking.time-taking.

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Eurocodes structureEurocodes structure10 themes folders 10 themes folders

EN 1990EN 1990

EN 1991EN 1991

EN 1992EN 1992 EN 1993EN 1993 EN 1994EN 1994

EN 1995EN 1995 EN 1996EN 1996 EN 1999EN 1999

EN 1997EN 1997 EN 1998EN 1998

Safety of buildingsSafety of buildings

Воздействия наВоздействия на конструкцииконструкции

Design (on types Design (on types of constructions)of constructions)

Geotechnical designGeotechnical design

Eurocodes are so called base of normative and technical documents covering the design of all (!) facilities including railway tunnels, bridges and other structures.

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Eurocodes advantagesEurocodes advantages

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Methods for Conformity Assessment

Russian Standard

Application rules

Functional Requirements

Specification(or its parts)

Functional Requirements

EU Standard

Methods for Conformity Assessment

Basic principles of standardization in Basic principles of standardization in the EU and Russiathe EU and Russia

≠

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Structure of building energy Structure of building energy consumptionconsumption, , constructed in constructed in

accordance with the new building accordance with the new building regulations in Finlandregulations in Finland: :

аа) ) single-family homes with a total power consumption single-family homes with a total power consumption (thermal and electric energy(thermal and electric energy) )

78 кВт•78 кВт•hh/(м2•/(м2•yearlyyearly) ) б) б) office building office building – 123 – 123 кВт•кВт•hh/(м2•/(м2•yearlyyearly))

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Decision dd. October-15, 2010Decision dd. October-15, 2010  from from 1616thth

Russian Union of Industrialists and Entrepreneurs Committee Russian Union of Industrialists and Entrepreneurs Committee Meeting of Technical Regulation, Standardization and Meeting of Technical Regulation, Standardization and

Conformity Assessment Conformity Assessment

► in the sphere of technical regulation (which should be limited only with in the sphere of technical regulation (which should be limited only with

consumer goods in circulation on the market, consumer goods in circulation on the market, withdrawingwithdrawing from it, all kinds from it, all kinds of industrial equipment and of industrial equipment and constructionconstruction). ).

► Paragraph 2, Article 1 of the draft agreement about common principles and Paragraph 2, Article 1 of the draft agreement about common principles and rules of technical regulation in the Republic of Belarus, Kazakhstan and the rules of technical regulation in the Republic of Belarus, Kazakhstan and the Russian Federation as follows: "This Agreement shall Russian Federation as follows: "This Agreement shall not apply to buildings not apply to buildings and facilitiesand facilities, and moreover establish and apply sanitary, veterinary and , and moreover establish and apply sanitary, veterinary and phytosanitary measures; phytosanitary measures;        Taken decision  Taken decision are not matching to the are not matching to the new modular approach and the EU new modular approach and the EU Directive and 89/106/ES, the decisions of the Governing Board of the Directive and 89/106/ES, the decisions of the Governing Board of the President of the Russian Federation dd. 01.20.1910President of the Russian Federation dd. 01.20.1910

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It’s necessary to take an Agreement It’s necessary to take an Agreement between states of Customs Union between states of Customs Union

and EU and EU and technical regulations at and technical regulations at the supranational levelthe supranational level

DEVELOP TECHNICAL REGULATIONS "General Product Safety’’;

 INTRODUCE AN NOTIFIED (COMMISSIONERS) BODY INSTITUTE;

METHOD REFERENCES TO STANDARDS IN TECHNICAL REGULATIONS;

 ONE BODY FOR ACCREDITATION AND LAW FOR ACCREDITATION IN RUSSIA;

Allow to harmonize LEGISLATION On Technical Regulation and the EU Customs Union, the EurAsEC and the CIS.

EU Directives New and Global ApproachEU Directives New and Global Approach

ACCREDITATION

PRODUCER AND NOTIFIED BOY

PRODUCER

First partFirst and third part

DECLARATION OF CONFORMITY

DECLARATION OF CONFORMITY

CERTIFICATE OF COMPLIANCE

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CONFORMITY ASSESMENT

CONFORMITY ASSESSMENT SCHEME - STANDARD STRUCTURE CONFORMITY ASSESSMENT SCHEME - STANDARD STRUCTURE CERTIFICATION BASED ON MODULAR APPROACH (Decision CERTIFICATION BASED ON MODULAR APPROACH (Decision

number 768/2008/ES on July 9, 2008)number 768/2008/ES on July 9, 2008)

А п- 1

Аа1 пно 1

Аа2 пно 1

G пно

H пно

Hbis пно

1

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Cbis 1 3

Cbis 1 3

C

п-пнопно 3

D 3

E 3

F

п-пнопно 1

Dbis 1

Ebis 1

Fbis

п-пнопно 1

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14

B пно 2

Development

Module selectionApplication

П – producer

НО – notified body

1- declaration of conformity

2 – certificate of conformity EC type

3 – declaration of compliance as its approved

4 – certificate of Compliance relating to the tests

5 – Certificate of Conformity for the project 19

Conformity AssessmentConformity AssessmentNew and Global approachNew and Global approach

creation and production of new products or creation and production of new products or products (goods, works and services) with products (goods, works and services) with new consumer properties;new consumer properties; application of new building technologies application of new building technologies

and manufacturing technologies materials.and manufacturing technologies materials. amended dd. 20.10.2010amended dd. 20.10.2010, the preliminary , the preliminary

introduce standards and introduce standards and standards standards organizations organizations (lobbying business)(lobbying business) as as evidence that contradicts the practice of the evidence that contradicts the practice of the EU (not to undergo public review and can EU (not to undergo public review and can not be applied in a mandatory field). not be applied in a mandatory field).

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National and European regulatory and National and European regulatory and technical documents in the construction technical documents in the construction

spheresphere

► Using the CEN regulations, the State Standard of Belarus and Using the CEN regulations, the State Standard of Belarus and their existing translation versions in Russia. their existing translation versions in Russia.

► Direct introduction of European standards on the territory of Direct introduction of European standards on the territory of Russia is possible only through an integrated transfer system-Russia is possible only through an integrated transfer system-wide CEN standards for construction: wide CEN standards for construction:

2500 EN and ISO standards relating to construction and 2500 EN and ISO standards relating to construction and integrated security;integrated security;

application of EN to the object of regulation in EU countries application of EN to the object of regulation in EU countries by means of a complex of interrelated standards and rules of by means of a complex of interrelated standards and rules of EN with a reference method; EN with a reference method;

the difference with the Russian national system: the difference with the Russian national system: ► in terms, definitions and notations in terms, definitions and notations ► in methodological approaches to the calculations and testsin methodological approaches to the calculations and tests► in metrological basis in metrological basis ► in the construction standardsin the construction standards

Steps to create an alternative Steps to create an alternative system of technical regulation in system of technical regulation in

the construction industrythe construction industry► The implementation of EU directives relating to the The implementation of EU directives relating to the

construction (13 directives) in the territories of the CU, construction (13 directives) in the territories of the CU, the EurAsEC, CIS. the EurAsEC, CIS.

► Translation and implementation of the Eurocodes and Translation and implementation of the Eurocodes and the adoption by the European Commission and CEN the adoption by the European Commission and CEN nationally determined parameters for the conditions of nationally determined parameters for the conditions of the CU, the EurAsEC, CIS, based on TSN.the CU, the EurAsEC, CIS, based on TSN.

► Updated estimate and the regulatory framework. Updated estimate and the regulatory framework. ► Implementation of EU experience with PPP including Life Implementation of EU experience with PPP including Life

Cycle Contract (LCC). Cycle Contract (LCC). ► Usage of the European experience construction risks Usage of the European experience construction risks

insurance.insurance.► European standards implementation could be cost-European standards implementation could be cost-

effective in a frame of a project, such as VSM1 with the effective in a frame of a project, such as VSM1 with the organization of the reproduction of construction organization of the reproduction of construction technologies and building materials.technologies and building materials. 22

Construction work group decisionConstruction work group decisionIRT EUIRT EU--Russia in Cannes dd. November -13,Russia in Cannes dd. November -13, 2008, 2008,

experts’ projects forum in Novocherkassk dd. May-experts’ projects forum in Novocherkassk dd. May-31, 2010, dd. October-22, 31, 2010, dd. October-22, 2010 2010 in Helsinki.in Helsinki.

Apply to the Government of the Russian Federation, and to the Apply to the Government of the Russian Federation, and to the European Commission to European Commission to provide with financial support program for provide with financial support program for the adoption of harmonized EU standards in construction as a Russian the adoption of harmonized EU standards in construction as a Russian national standards and to recommendnational standards and to recommend to the SPC for Russia Summit EU to the SPC for Russia Summit EU - Brussels, December 2010:- Brussels, December 2010:

► ... Need to implement existing European standards in areas where ... Need to implement existing European standards in areas where there are no Russian standards. Should start with areas that are key to there are no Russian standards. Should start with areas that are key to modernization. modernization.

► ... Need to identify areas where standards and technical regulations ... Need to identify areas where standards and technical regulations between the EU and Russia are different, for the further lifting of between the EU and Russia are different, for the further lifting of obstacles. Need to introduce international standards wherever obstacles. Need to introduce international standards wherever possible. possible.

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Thank you for your attention!Thank you for your attention!

Mikhail KaykovMikhail KaykovVice-President of Russian Builders Vice-President of Russian Builders

AssociationAssociationPresident of the Railway Constructors President of the Railway Constructors

UnionUnionVienna March-Vienna March-10-1110-11,, 2011 2011