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Chapter 7. Information on violation of technical regulation requirements and the retraction of products
Article 36. Responsibility for Nonconformity of Products, Processes of Production, Operation, Storage, Transportation, Marketing and Utilization to Technical Regulation Requirements
1. The manufacturer (developer, seller or person executing functions of the foreign manufacturer) shall bear responsibility according to the legislation of the Russian Federation for violation of technical regulation requirements.
2. In case of non-execution of prescriptions and decisions of state control (supervision) body the manufacturer (developer, seller or person executing functions of the foreign manufacturer) shall bear responsibility according to the legislation of the Russian Federation.
3. If harm is caused to life or health of people, property of natural or legal persons, state or municipal property, environment, life or health of animals and plants, or there was a threat of causing such harm as a result of nonconformity of products to technical regulation requirements, violations of technical regulation requirements during conducting of processes of production, operation, storage, transportation, marketing and utilization, the manufacturer (developer, seller, person executing functions of the foreign manufacturer) is obliged to compensate this harm and to take measures with the purpose of non-admission of causing harm to other persons, their property, and environment according to the legislation of the Russian Federation.
4. The duty to compensate harm may not be restricted by the contract or announcement of one of the parties. Agreements or announcements for limitation of the responsibility shall be considered as negligible.
Article 37. Information on Product Nonconformity to Technical Regulation Requirements
1. The manufacturer (developer, seller or person executing functions of the foreign manufacturer) who knows about nonconformity of products, released into sale, to technical regulation requirements, is obliged to inform about it to state control (supervision) body according to its competence within ten days from the moment of obtaining the specified information.
The seller (developer or person executing functions of the foreign manufacturer), which has obtained the specified information, is obliged to inform the manufacturer about it within ten days.
2. The person being not the manufacturer (developer, seller or person executing functions of the foreign manufacturer) and which knows about nonconformity of products, released into sale, to technical regulation requirements, has the right to address the information on nonconformity of products to technical regulation requirements to state control (supervision) body.
Upon receipt of such information the state control (supervision) body is obliged within five days to notify the manufacturer (seller or person executing functions of the foreign manufacturer) about this receipt.
Article 38. Duties of Manufacturer (Seller or Person Executing Functions of the Foreign Manufacturer) in Case of Obtaining the Information on Nonconformity of Products to Technical Regulation Requirements
1. Within ten days from the moment of obtaining the information on product nonconformity to technical regulation requirements, unles the necessity of establishing more long period results from the essence of conducted actions, the manufacturer (seller or person executing functions of the foreign manufacturer) is obliged to check the reliability of the obtained information. On demand of state control (supervision) body the manufacturer (seller or person executing functions of the foreign manufacturer) is obliged to present materials of the specified check to state control (supervision) body.
In case of obtaining the information on product nonconformity to technical regulation requirements the manufacturer (seller or person executing functions of the foreign manufacturer) is obliged to take necessary measures such, that possible harm connected with circulation of the given product would not increase up to completion of the check, provided for by the first paragraph of this Clause.
2. After confirming the reliability of the information on product nonconformity to technical regulation requirements, the manufacturer (seller or person executing functions of the foreign manufacturer) within ten days from the moment of confirming the reliability of such information is obliged to develop the program of measures for preventing of causing harm, and to coordinate it with state control (supervision) body in accordance with its competence.
The program shall include actions for notification of purchasers about presence of threat of causing harm and ways of its preventing, and also the terms of realization of such actions. In case, when for preventing of causing harm it is necessary to bear additional expenses, the manufacturer (seller or person executing functions of the foreign manufacturer) is obliged to realize himself all the actions for preventing of causing harm, and in case of impossibility to fulfill it he is obliged to declare about retraction of products and to pay damages, caused to purchasers in connection with retraction of the products.
Elimination of defects, and also delivery of products to a place of elimination of defects and retrace of products back to purchasers shall be carried out by the manufacturer (seller or person executing functions of the foreign manufacturer) and at his expense.
3. In case the threat of causing harm can not be eliminated by holding the actions specified in Clause 2 of this Article, the manufacturer (seller or person executing functions of the foreign manufacturer) is obliged to suspend immediately the production and sale of products, to retract the products and compensate to purchasers the losses which have arisen in connection with retraction of the products.
4. Within the whole period of operation of the program of actions for preventing of causing harm the manufacturer (seller or person executing functions of the foreign manufacturer) is obliged, at his own expense, to ensure for purchasers the possibility of obtaining the operational information on necessary actions.
Article 39. Rights of State Control (Supervision) Bodies in Case of Obtaining the Information on Product Nonconformity to Technical Regulation Requirements
1. State control (supervision) bodies in case of obtaining the information on product nonconformity to technical regulation requirements shall inspect reliability of the obtained information within possibly short terms.
During holding of inspection the state control (supervision) bodies shall have the right:
to require from the manufacturer (seller or person executing functions of the foreign manufacturer) the materials of reliability inspection of the information on product nonconformity to technical regulation requirements;
to make a request to the manufacturer (executor, seller or person executing functions of the foreign manufacturer) and other persons for additional information on products, processes of production, operation, storage, transportation, marketing and utilization, including the results of researches (tests) and measurements which have been carried out during obligatory conformity assurance;
to address inquiries to other federal executive bodies;
if necessary, to invite experts for the analysis of obtained materials.
2. Upon recognition of reliability of the information on product nonconformity to technical regulation requirements the state control (supervision) body shall issue within ten days, in accordance with its competence, the prescription about development by the manufacturer (seller or person executing functions of the foreign manufacturer) of the program of actions for preventing of causing of harm, shall assist in its realization and implement the control of its execution.
State control (supervision) body shall:
promote dissemination of information on terms and the order of holding the actions for preventing of causing harm;
make a request to the manufacturer (seller or person executing functions of the foreign manufacturer) and other persons for the documents, confirming holding of the actions specified in the program of actions for preventing of causing harm;
check the observance of the terms specified in the program of actions for preventing of causing harm;
make a decision on reference to the court with a claim to coercive retraction of products.
Article 40. Coercive Retraction of Products
1. In case of omission of the prescription, provided for by Clause 2 of Article 39 of this Federal law, or omission of the program of actions for preventing of causing harm, the state control (supervision) body, in accordance with its competence, and also other persons who have got to know about omission by the manufacturer (seller or person executing functions of the foreign manufacturer) of the program of actions for preventing of causing harm, have the right to refer to the court with a claim to coercive retraction of products.
2. In case of satisfaction of the claim to coercive retraction of products the court shall oblige the respondent to undertake the definite actions connected with retraction of products within the period established by the court and also to inform purchasers on the court decision not later than one month from the date of its coming into force via mass media or by another way.
In case the respondent does not execute the court decision within established time interval, the claimant shall have the right to undertake these actions at the respondent’s expense by imposing of necessary charges on it.
3. The measures of criminal and administrative prosecution may be applied according to the legislation of the Russian Federation for violation of the requirements of this Federal law for retraction of products.
Article 41. Responsibility for Violation of Rules of Executing of Certification Works
Russian certification body and russian certification body official, violated the rules of executing of certification works, if such violation has caused the release into sale of products not corresponding to technical regulation requirements, shall bear responsibility according to the legislation of the Russian Federation and the contract for russian certification works.
Article 42. Responsibility of Accredited Test Laboratory (Center)
The accredited test laboratory (center) and experts, in accordance with the legislation of the Russian Federation and the contract, shall bear responsibility for non-reliability or non-objectivity of results of researches (tests) and measurements.
© 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.