| About company |
| Russian certification |
| Order certificates |
| Offices |
Consultations: Phone: +7 (960) 516-91-10 |
|
Chapter 4. Conformity assurance
Article 18. The Purposes of Conformity Assurance
Conformity assurance shall be carried out with the purposes of:
certifying the conformity of products, processes of production, operation, storage, transportation, marketing and utilization, works, services or other objects to technical regulations, standards, conditions of contracts;
assistance to purchasers in competent selection of products, works and services;
heightening of competitiveness of products, operations and services in the Russian and international markets;
creation of conditions for assurance of free migration of goods in the territory of the Russian Federation, and also for implementing of international economic, scientific and technical cooperation and international trade.
Article 19. Principles of Conformity Assurance
1. Conformity assurance shall be carried out on the basis of:
availability of information on procedure of conformity assurance for the interested persons;
inadmissibility of application of obligatory conformity assurance for the objects, in relation to which the requirements of technical regulations are not established;
establishing of the list of forms and schemes of obligatory conformity assurance in relation to definite types of products in appropriate technical regulation;
reduction of periods of obligatory conformity assurance and expenditures of an applicant;
inadmissibility of forcing to voluntary conformity assurance, including any definite system of voluntary russian certification;
protection of property interests of applicants, observance of commercial secret in relation to data obtained during conformity assurance;
inadmissibility of substitution of obligatory conformity assurance by voluntary russian certification.
2. Assurance of conformity shall be developed and applied similarly and to equal extent irrespective of the country and (or) place of a product origin, processes of production, operation, storage, transportation, marketing and utilization, executing of works and rendering of services, types or peculiarities of bargains and (or) persons being manufacturers, executors, sellers or purchasers.
Article 20. Forms of Conformity Assurance
1. Conformity assurance in the territory of the Russian Federation may be both voluntary or obligatory.
2. Voluntary conformity assurance shall be carried out in the form of voluntary russian certification.
3. Obligatory conformity assurance shall be carried out in the forms of: supplier's declaration;
obligatory russian certification.
4. The order of application of forms of obligatory conformity assurance is established by this Federal law.
Article 21. Voluntary Conformity Assurance
1. Voluntary conformity assurance shall be carried out on an applicant’s initiative on conditions of agreement between the applicant and russian certification body. Voluntary conformity assurance may be carried out for the ascertaining of conformity to the national standards, to standards of organizations, systems of voluntary russian certification or conditions of contracts.
The objects of voluntary conformity assurance are the products, processes of production, operation, storage, transportation, marketing and utilization, works and services, and also other objects in relation to which the standards, systems of voluntary russian certification and contracts establish the requirements.
Russian certification body shall:
realize the conformity assurance of objects of voluntary conformity assurance;
issue the russian certificates of conformity for objects, that have passed the voluntary russian certification;
grant to applicants the right for application of a mark of conformity if this application is stipulated by appropriate system of voluntary russian certification;
suspend or terminate the russian certificates of conformity given to them.
2. Voluntary russian certification system may be created by legal and (or) natural person or by several legal and (or) natural persons.
The person or persons, created voluntary russian certification system, shall establish the list of objects, subject to russian certification, and their performances for compliance with which the voluntary russian certification is being carried out, the rules of execution the works provided for by the given voluntary russian certification system and the order of payment for these works, and shall define the participants of the given voluntary russian certification system. The voluntary russian certification system may provide for application of a mark of conformity.
3. Voluntary russian certification system may be registered by federal executive body on technical regulating.
The following documents shall be submitted to federal executive body on technical regulating for registration of voluntary russian certification system:
russian certificate of the state registration of legal and (or) natural person;
rules of operation of voluntary russian certification system, which stipulate the provisions of Clause 2 of this Article;
image of a mark of conformity applied in the given voluntary russian certification system, if application of this mark of conformity is provided for, and the order of application of this mark of conformity;
document of payment for registration of voluntary russian certification system.
The registration of voluntary russian certification system shall be carried out within five days from the moment of submission the documents, provided for by this Clause for registration of voluntary russian certification system, to federal executive body on technical regulating. The order of registration of voluntary russian certification system and amount of payment for registration shall be established by the Government of the Russian Federation. The payment for registration of voluntary russian certification system is subject to transfer into the federal budget.
4. The refusal of registration of voluntary russian certification system is allowed only in case of non-submission the documents, provided for by Clause 3 of this Article, or in case of coincidence of the system’s name and (or) image of a mark of conformity with system’s name and (or) image of a mark of conformity of any voluntary russian certification system registered earlier. The notification about refusal of registration of voluntary russian certification system shall be addressed to an applicant within three days from the date of decision-making on refusal of registration of this system with specifying of reasons for this refusal.
The refusal of registration of voluntary russian certification system may be appealed against in judicial order.
5. Federal executive body on technical regulating shall maintain the uniform register of registered voluntary russian certification systems, containing information on legal and (or) natural persons, created voluntary russian certification systems, on the rules of operation of voluntary russian certification systems, which provide for the provisions of Clause 2 of this Article, on marks of conformity and the order of their application. Federal executive body on technical regulating shall ensure availability of information, contained in the uniform register of registered voluntary russian certification systems, to the interested persons.
The order of maintaining the uniform register of registered voluntary russian certification systems and the order of granting the information, contained in this register, shall be established by federal executive body on technical regulating.
Article 22. Marks of Conformity
1. The certification objects, certified in voluntary russian certification system, may be labeled by a mark of conformity of voluntary russian certification system. The order of application of such mark of conformity shall be established by the rules of appropriate system of voluntary russian certification.
2. Application of a mark of conformity to the national standard shall be carried out by an applicant on a voluntary basis by any way convenient for the applicant in the order established by national standards body.
3. The objects, whose conformity is not confirmed in the order established by this Federal law, may not be labeled with a mark of conformity.
Article 23. Obligatory Conformity Assurance
1. Obligatory conformity assurance shall be carried out only in the cases established by appropriate technical regulation, and only for conformity to the requirements of technical regulation.
The object of obligatory conformity assurance may be only the product produced for circulation in the territory of the Russian Federation.
2. The form and schemes of obligatory conformity assurance may be established only by technical regulation taking into account the risk degree of non-reaching the purposes of technical regulations.
3. The supplier’s declaration and the russian certificate of conformity have equal legal force irrespective of the schemes of obligatory conformity assurance, and are valid in the whole territory of the Russian Federation.
4. The works on obligatory conformity assurance shall be paid by an applicant.
The government of the Russian Federation shall establish a technique of determination the cost of works on obligatory conformity assurance, which provides for application of uniform rules and principles of ascertaining the prices for products of identical or similar types irrespective of the country and (or) place of their origin, and also the persons being applicants.
Article 24. Declaring of Conformity
1. Declaring of conformity shall be carried out using one of the following schemes:
assuming of supplier's declaration on the basis of own proofs;
assuming of supplier's declaration on the basis of own proofs, the proofs obtained with participation of russian certification body and (or) accredited test laboratory (center) (hereinafter referred to as third party).
When declaring the conformity the applicant may be both legal or natural person, registered according to the legislation of the Russian Federation in its territory, or being the manufacturer or seller, or executing the functions of a foreign manufacturer on the basis of a contract with it regarding the conformity assurance of delivered products to the requirements of technical regulations and regarding the responsibility for nonconformity of delivered products to the requirements of technical regulations (the person executing the functions of a foreign manufacturer).
The range of applicants shall be established by appropriate technical regulation.
The scheme of declaring of conformity with participation of a third party shall be established in technical regulation in case when the absence of the third party results in non-reaching of the purposes of conformity assurance.
2. When declaring the conformity on the basis of own proofs the applicant shall independently form the evidentiary materials for the purpose of conformity assurance of products to the requirements of technical regulations. The technical documentation, the results of own researches (tests) and measurements and (or) other documents, which can serve as the motivated basis for conformity assurance of products to the requirements of technical regulations, shall be used as evidentiary materials. The set of evidentiary materials shall be defined by appropriate technical regulation.
3. When declaring the conformity on the basis of own proofs and those obtained with participation of a third party, an applicant, at his own will and in addition to his own proofs formed in the order provided for in Clause 2 of this Article, shall:
include in evidentiary materials the reports of researches (tests) and measurements carried out in accredited test laboratory (center);
grant the russian certificate of quality system, in relation to which there is provided for the control (supervision) of russian certification body, which has issued the given russian certificate, over certification object.
4. The russian certificate of a quality system may be used together with the proofs when assuming the supplier's declaration for any products, except for the case when technical regulations stipulate for such products other form of conformity assurance.
5. Supplier’s declaration shall be made in Russian and shall contain:
name and location of the applicant;
name and location of the manufacturer;
information on conformity assurance object, allowing to identify this object;
name of technical regulation, for conformity to whose requirements the products are being assured;
scheme of declaring of conformity;
statement of the applicant about product’s safety during its use according to special-purpose assignment, and about taking measures by the applicant for assurance of the product’s conformity to the requirements of technical regulations;
information on carried out researches (tests) and measurements, on quality system certificate, and also on documents being as a basis for assurance of conformity of products to the requirements of technical regulations;
period of validity of the supplier’s declaration;
other information provided for by appropriate technical regulations.
Period of validity of the supplier’s declaration shall be defined by the technical regulation.
The form of the supplier’s declaration shall be affirmed by federal executive body on technical regulating.
6. The supplier’s declaration, made out according to established rules, is subject to registration by federal executive body on technical regulating within three days.
For registration of the supplier’s declaration the applicant shall submit to federal executive body on technical regulating the supplier’s declaration made out according to the requirements of Clause 5 of this Article.
The order of maintenance of the supplier’s declarations register, order of granting the information contained in the specified register, and order of payment for granting of this information shall be defined by the Government of the Russian Federation.
7. The supplier’s declaration and attached evidentiary documents shall be stored by the applicant within three years from the moment of termination of period of validity of the declaration. The second copy of the supplier’s declaration shall be stored in federal executive body on technical regulating.
Article 25. Obligatory certification in Russia
1. Obligatory certification in Russia shall be carried out by russian certification body on the basis of the contract with the applicant. The schemes of russian certification, applied for russian certification of definite types of products, shall be established by appropriate technical regulation.
2. Conformity of product to the requirements of technical regulations shall be assured by conformity certificate, issued to the applicant by russian certification body.
The russian certificate of conformity shall include:
name and location of the applicant;
name and location of the manufacturer of certified products;
name and location of russian certification body, which has issued the russian certificate of conformity;
information on certification object, allowing to identify this object;
name of technical regulation, for conformity to whose requirements the russian certification was carried out;
information on carried out researches (tests) and measurements;
information on documents, submitted by the applicant to russian certification body as a proof of products’ conformity to the requirements of technical regulations;
period of validity russian certificate of conformity.
period of validity russian certificate of conformity shall be defined by appropriate technical regulation.
The form russian certificate of conformity shall be affirmed by federal executive body on technical regulating.
Article 26. Realization of Obligatory Certification in Russia
1. Obligatory certification in Russia shall be carried out by russian certification body accredited in the order, established by the Government of the Russian Federation.
2. Russian certification body shall:
engage in carrying out of researches (tests) and measurements on contractual basis the test laboratories (centers) accredited in the order, established by the Government of the Russian Federation (hereinafter referred to as accredited test laboratories (centers);
realize the control of certification objects if such control is provided for by appropriate scheme of obligatory russian certification and the contract;
maintain the register russian certificates of conformity issued by it;
inform the appropriate bodies of the state control (supervision) over observance of the requirements of technical regulations about products, intended for russian certification, but not passed it;
suspend or terminate the russian certificate of conformity issued by it;
provide granting to applicants of the information on the order of holding the obligatory certification in Russia;
establish the cost of works on russian certification on the basis of a technique for definition of cost of such works approved by the Government of the Russian Federation.
3. Federal executive body on technical regulating shall maintain the uniform register of issued russian certificates of conformity.
The order of maintenance the uniform register of issued russian certificates of conformity, order of granting the information contained in the uniform register and order of payment for granting the information contained in the specified register shall be established by the Government of the Russian Federation.
The order of transfer the information on issued russian certificates of conformity to the uniform register of issued russian certificates shall be established by federal executive body on technical regulating.
4. The researches (tests) and measurements of products in case of obligatory russian certification shall be carried out by accredited test laboratories (centers).
Accredited test laboratories (centers) shall carry out researches (tests) and measurement of products within the area of their accreditation on conditions of contracts with russian certification bodies. Russian certification bodies have no right to grant to accredited test laboratories (centers) the information on the applicant.
Accredited test laboratory (center) shall make out the results of researches (tests) and measurements by appropriate reports on the basis of which the russian certification body makes a decision about issue or about refusal to issue the russian certificate of conformity. The accredited test laboratory (center) is obliged to ensure reliability of results of researches (tests) and measurements.
Article 27. Mark of Market Access
1. Products, whose conformity to the requirements of technical regulations is confirmed in the order, provided for by this Federal law, shall be marked with a mark of market access. The image of the mark of market access shall be established by the Government of the Russian Federation. The given mark is not special protected mark and is affixed for information purposes.
2. Marking with a mark of market access shall be carried out by the applicant independently by any convenient way.
Products, whose conformity to the requirements of technical regulations is not confirmed in the order established by this Federal law, may not be marked with a mark of market access.
Article 28. Rights and Duties of Applicant in the Field of Obligatory Conformity Assurance
1. The applicant has the right:
to choose the form and scheme of conformity assurance, provided for definite types of products by appropriate technical regulation;
for realization of obligatory russian certification to address to any certification body whose area of accreditation applies to products which the applicant intends to certify;
to address to accreditation body with complaints against wrongful actions of russian certification bodies and accredited test laboratories (centers) according to the legislation of the Russian Federation.
2. The applicant is obliged:
to assure products conformity to the requirements of technical regulations;
to release into sale the products, subject to obligatory conformity assurance, only after such conformity assurance;
to specify the information on russian certificate of conformity or supplier’s declaration in accompanying technical documentation and during marking of products;
to submit the documents, testifying for conformity assurance of products to the requirements of technical regulations (supplier’s declaration, russian certificate of conformity or their copies), to state control (supervision) bodies over observance of the requirements of technical regulations, and also to the interested persons;
to suspend or terminate the sale of products if the validity period of russian certificate of conformity or supplier’s declaration has expired, or the validity russian certificate of conformity or supplier’s declaration is suspended or terminated;
to inform russian certification body on the amendments inserted into technical documentation or into production processes of certificated products;
to suspend manufacturing of products, which have passed the conformity assurance and do not meet the requirements of technical regulations, on the basis of decisions of state control (supervision) bodies over observance of the requirements of technical regulations.
Article 29. Import of Products, Liable to Obligatory Conformity Assurance, into the Territory of the Russian Federation
1. The supplier’s declaration, russian certificate of conformity or documents about their recognition in accordance with Article 30 of this Federal law, together with the customs declaration, shall be submitted by an applicant or his authorized person to the customs bodies for placing of products, liable to obligatory conformity assurance, under the customs conditions, providing for possibility of alienation or use of products according to their purpose in the customs territory of the Russian Federation. The representing of the specified documents shall not be required in case of placing these products under the customs condition of a refusal for the benefit of the state.
The lists of products, covered by the first paragraph of this Clause, with specifying of ТН ВЭД codes, shall be affirmed for the customs purposes by the Government of the Russian Federation on the basis of technical regulations.
2. The products, liable to obligatory conformity assurance and defined in accordance with provisions of the second paragraph of Clause 1 of this Article, imported into the customs territory of the Russian Federation and placed under the customs conditions, not providing for possibility of their alienation, shall be released by the customs bodies of the Russian Federation into the territory of the Russian Federation without submission of the conformity documents, specified in the first paragraph of Clause 1 of this Article.
3. The order of import into the customs territory of the Russian Federation of the products, liable to obligatory conformity assurance and defined according to provisions of the second paragraph of Clause 1 of this Article and taking into account the provisions of clause 2 of this Article, shall be affirmed by the Government of the Russian Federation.
Article 30. Recognition of Conformity Assurance Results
Conformity assurance documents, marks of conformity, reports of researches (tests) and measurements of product, obtained outside the Russian Federation territory, may be recognized according to the international treaties of the Russian Federation.
© 1997 INO «IQC» - GOST R certification in Russia. Russian certificate of compliance, gost certificate of quality in certification system GOST R (Rostechnadzor). Russian testing lab Rostest.