Form of mandatory confirmation of compliance in the Russian Federation

Conformity assessment is carried out in order to :

certification of conformity of products, design processes (including surveys), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal, works, services or other objects with technical regulations, standards, codes of practice, terms of contracts;

assistance to purchasers in the competent choice of products, works, services;

increasing the competitiveness of products, works, services in the Russian and international markets;

creating conditions for ensuring the free movement of goods across the territory of the Russian Federation, as well as for the implementation of international economic, scientific and technical cooperation and international trade.

Conformity assessment is carried out on the basis of the principles :

availability of information on the procedure for the implementation of conformity assessment to interested parties;

inadmissibility of application mandatory confirmation compliance with objects for which requirements are not established technical regulations;

establishing a list of forms and schemes for mandatory conformity assessment for certain types of products in the relevant technical regulation;

reducing the time for the implementation of mandatory confirmation of conformity and the costs of the applicant;

inadmissibility of coercion to carry out voluntary confirmation of conformity, including in a certain system of voluntary certification;

protection of property interests of applicants, observance trade secret in relation to information received during the conformity assessment;

inadmissibility of substituting mandatory confirmation of conformity with voluntary certification.

Conformity assessment is developed and applied likewise and equally regardless of the country and (or) place of origin of products, implementation of design processes (including surveys), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal, performance of work and provision of services, types or features transactions and (or) persons who are manufacturers, performers, sellers, purchasers.

Compliance Forms . Confirmation of conformity on the territory of the Russian Federation may be voluntary or mandatory. Voluntary confirmation of conformity is carried out in the form of voluntary certification. Mandatory confirmation of compliance is carried out in the forms of acceptance declarations of conformity(declaration of conformity) and mandatory certification.

In modern international ISO terminology (ISO/IEC 17000 vocabulary), under certification is understood to mean: the act of a third party proving that the necessary assurance is provided that a properly identified product, process or service conforms to a particular standard or other normative document. This definition emphasizes:

1. Certification activities are carried out by a third party independent of the manufacturer and consumer.

2. Conformity assessment is carried out in this way, i.e. there is a system, rules, procedures and management of certification activities.

3. Certification applies not only to products, but also to processes, including quality management processes at the enterprise, as well as to personnel.

The Law "On Technical Regulation" provides the following definition of certification:

Certification - the form of implementation by the certification body of confirmation of compliance of objects with the requirements of technical regulations, the provisions of standards, sets of rules or the terms of contracts.

Mandatory confirmation of conformity is carried out only in cases established by the relevant technical regulation, and solely for compliance with the requirements of the technical regulation. In the field of mandatory certification, state supervision and control is carried out.

Mandatory certification is carried out by the certification body on the basis of an agreement with the applicant. Compliance of products with the requirements of technical regulations is confirmed by a certificate of conformity issued to the applicant by the certification body, and contains information, the list of which is provided for in the law. The validity period of the certificate of conformity is determined by the relevant technical regulations.

Declaration of conformity is carried out either on the basis of only own evidence (technical documentation, results of own research (tests) and measurements, other documents), or on the basis of own evidence and evidence obtained with the participation of the certification body and (or) accredited testing laboratory (center) . Prior to the entry into force of the relevant technical regulations, the conformity declaration scheme based on own evidence is allowed for use only by manufacturers or only by persons performing the functions of a foreign manufacturer (Article 46, clause 4).

Declaration of Conformity – a document certifying the conformity of products put into circulation with the requirements of technical regulations.

The Declaration of Conformity and the Certificate of Conformity have equal legal force regardless of the mandatory conformity assessment schemes and are valid throughout the Russian Federation.

In the mandatory area, certification and declaration, together with state supervision, should ensure the protection of the consumer market from dangerous products. In the future, the declaration mechanism is considered to be more preferable, since it removes administrative pressure from the manufacturer, increases its responsibility, reduces the applicant's costs (several times) and, at the same time, makes state control more effective.

In the voluntary sphere, certification should provide confirmation of the declared quality indicators of a product or service. Voluntary certification can be carried out at the initiative of the applicant to establish the conformity of a product, process or service with national standards, organization standards, systems voluntary certification and terms of contracts.

Objects of certification. In accordance with Art. 23, paragraph 1 of the Federal Law “On Technical Regulation”, only products put into circulation on the territory of the Russian Federation can be the object of mandatory confirmation of conformity. A product or service for which certification is mandatory was previously established by the laws of the Russian Federation (“On Ensuring the Uniformity of Measurements”, “On atomic energy”, “On weapons”, etc.), and in the future they will establish technical regulations adopted by a federal law or a decree of the Government of the Russian Federation.

According to Art. 21, paragraph 1 "voluntary confirmation of conformity can be carried out to establish compliance with national standards, standards of organizations, codes of practice, voluntary certification systems, terms of contracts." Any objects for which national standards, standards of organizations, codes of practice, systems of voluntary certification and terms of contracts establish requirements may be objects of voluntary certification. In the voluntary certification system, the following should be established: a list (nomenclature) of objects subject to certification, and their characteristics (with an indication of the documents where they are given), for compliance with which certification is carried out.

Until the date of entry into force of the relevant TRs:

The government of the Russian Federation (and federal executive authorities) has the right to make changes to legal acts(and ND FOIV) applied until the date of entry into force of the TR.

The Government of the Russian Federation annually approves a single list of products subject to mandatory certification and a single list of products subject to declaration of conformity.

Mandatory conformity assessment (conformity assessment, state control (supervision)), as well as marking products with a mark of conformity, are carried out in accordance with the legal acts of the Russian Federation and the RD of the federal executive authority adopted before the date of entry into force of Law No. 65-FZ.

When importing products subject to mandatory confirmation of conformity into the territory of Russia, simultaneously with the customs declaration, the applicant or a person authorized by the applicant submits a declaration of conformity or a certificate of conformity according to the lists of products indicating the codes of the Commodity Nomenclature of Foreign Economic Activity, approved by the Government of the Russian Federation on the basis of technical regulations . The submission of a declaration of conformity or a certificate of conformity is not required if the customs regime does not provide for the possibility of alienating products in the customs territory of the Russian Federation. Conformity assessment documents, marks of conformity, research (testing) and product measurement protocols obtained outside the territory of the Russian Federation may be recognized in accordance with international treaties of the Russian Federation.

Works and services are not subject to state control and supervision . This approach is the result of convergence Russian rules certification with international. The point is the difference between the interpretations of the concept of "standard" in the law "On technical regulation" and in the WTO Agreement on technical barriers to trade. According to the Agreement, standards apply only to goods, not services (works). International trade in services is regulated by another agreement - the General Agreement on Trade in Services (GATS). GATS does not use the terms “technical regulation” and “standard” in relation to services, but uses the term “measures”, which refers to laws and by-laws adopted by the state, but by no means voluntary agreements at the level of legal entities to regulate trade in services. A "service" is understood to mean any type of service (including "work") in any sector of the economy, with the exception of services provided by authorities in the exercise of their powers of authority.

In connection with the above, Rostekhregulirovanie in its Information Letter dated July 11, 2003 No. VK-110-28 / 2522 “On Certification of Services in the GOST R Certification System” announced that from the date of entry into force of the Federal Law “On Technical Regulation”, services are not subject to mandatory conformity assessment, and that mandatory confirmation of conformity is carried out only in relation to products.

At the same time, mandatory certification of services potentially hazardous to the life, health and property of the consumer of services was introduced in Russia on the basis of the laws: “On the Protection of Consumer Rights”, “On Atomic Energy”, “On Road Safety”, “On the Basics of Tourism in the Russian Federation, etc.

There are forms of confirmation of conformity in the legally regulated area (mandatory requirements regarding product safety, marking with the sign of circulation on the market) and in the legally non-regulated area (voluntary requirements, marking with the ND mark of conformity). AT international practice conformity marks in the legally regulated sphere are usually indicated as certificateofconfidence, and in the non-legally regulated sphere -certificateofconformity.

The conformity marks used in the GOST R system are shown in the figure.

1. Mandatory confirmation of conformity is carried out only in cases established by the relevant technical regulation, and solely for compliance with the requirements of the technical regulation.

The object of mandatory confirmation of conformity can only be products put into circulation on the territory of the Russian Federation.

2. The form and schemes of mandatory confirmation of conformity can be established only by the technical regulations, taking into account the degree of risk of failure to achieve the goals of the technical regulations.

3. The declaration of conformity and the certificate of conformity have equal legal force and are valid throughout the Russian Federation for each unit of products put into circulation on the territory of the Russian Federation during the validity of the declaration of conformity or the certificate of conformity, during the shelf life or service life of the product established in accordance with the legislation of the Russian Federation.

(paragraph 3 in red. federal law dated 18.07.2009 N 189-FZ)

4. Works on mandatory confirmation of compliance are subject to payment on the basis of an agreement with the applicant. The cost of work on mandatory confirmation of product conformity is determined regardless of the country and (or) place of its origin, as well as the persons who are applicants.

(Clause 4 as amended by Federal Law No. 65-FZ of May 1, 2007)

Federal Law "On Technical regulation» - N 184-FZ - controls the processes and relationships that appear in the course of development, adoption, application and execution mandatory requirements to products or to related activities for design, construction, transportation, production, installation, storage, adjustment, operation, sale, conformity assessment, disposal, performance of work or provision of services. It does not extend its power to the area of ​​economic rationing (for pricing, estimated rationing in construction, etc.). He deals with such issues as the procedure for the development, adoption, amendment and cancellation of technical regulations, standardization, goals, principles and forms of conformity assessment, mandatory conformity assessment, violation of the requirements of technical regulations, product recall, accreditation of certification bodies and testing laboratories etc.