In the twentieth century The concept of consumer rights, including the right to complete reliable information about the quality of the purchased goods, has received intensive development. It was recognized that the consumer is a weak side in relation to the manufacturer: if the latter knows what he has produced, then the former sees only the external side of the product. To protect the consumer, it was necessary to proclaim his right to information and to oblige the manufacturer to provide it.

In serial (mass) production, statistical sampling methods began to be used, the meaning of which is simple: if you correctly take a certain part (sample) from a batch, then you can draw fairly reliable conclusions about the quality of the entire batch.

Certification in Russia began in 1993. in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights", which established the mandatory certification of the safety of consumer goods.

Confirmation of compliance– documentary evidence of the conformity of products, works, services or other objects with the requirements technical regulations, the provisions of standards or the terms of contracts.

Goals of conformity assessment

Confirmation of conformity is carried out in order to:

1. Certificates of compliance of products, production processes, operation, storage, transportation, sale and disposal, works, services or other objects with technical regulations, standards, terms of contracts;

2. Assistance to purchasers in the competent choice of products, works, services;

3. Increasing the competitiveness of products, works, services in the Russian and international markets;

4. Creation of conditions to ensure the free movement of goods across the territory Russian Federation, as well as for the implementation of international economic, scientific and technical cooperation and international trade.

Conformity assessment principles

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

1. Availability of information on the procedure for the implementation of conformity assessment interested parties;

2. The inadmissibility of applying mandatory confirmation of conformity to objects in respect of which the requirements of technical regulations are not established;

3. Establishing a list of forms and schemes mandatory confirmation compliance with respect to certain types of products in the relevant technical regulation;

4. Reducing the time for the implementation of mandatory confirmation of conformity and the costs of the applicant;

5. Inadmissibility of coercion to exercise voluntary confirmation compliance, including in a certain system of voluntary certification;

6. Protection of property interests of applicants, observance of trade secrets in relation to information obtained in the course of conformity assessment;

7. Inadmissibility of replacing the mandatory confirmation of compliance with voluntary certification.

Compliance Forms

Conformity assessment on the territory of the Russian Federation may be voluntary or mandatory.

Voluntary confirmation of compliance is carried out only in the form voluntary certification.

Mandatory confirmation of compliance is carried out in the following forms:

adoption of a declaration of conformity (declaration of conformity);

mandatory certification.

The procedure for applying the forms of mandatory confirmation of conformity is established by the Federal Law "On Technical Regulation".

Certification is a procedure by which a third party certifies in writing that a product, process or service conforms to specified requirements.

Third party - a person or body recognized as independent of the parties involved in the issue under consideration. The parties involved are manufacturers, sellers, performers, consumers or other entities representing their interests. The participation of a third party in conformity assessment is the main feature of certification.

The general concept of certification follows from the etymology of the word "certificate" (lat. certum - right, facere - to do), i.e. "done right". A certificate certifies the existence of some fact, for example, the origin of a product, its authenticity, etc. The most common use of certification is to confirm the compliance of an object with the requirements established for it.

Mandatory confirmation of conformity can be carried out in the form of a declaration or mandatory certification. The certification body is responsible for the issued certificate of conformity. Voluntary confirmation of conformity can be carried out only in the form of voluntary certification.

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Article 18. Purposes of conformity assessment

Confirmation of conformity is carried out in order to:
certification of compliance of products, production processes, operation, storage, transportation, sale and disposal, works, services or other objects with technical regulations, standards, 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.

Article 19. Principles of conformity assessment

1. 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;
the inadmissibility of applying mandatory confirmation of conformity to objects in respect of which the requirements of technical regulations are not established;
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.
2. Conformity assessment is developed and applied likewise and equally regardless of the country and (or) place of origin of products, implementation of production processes, operation, storage, transportation, sale and disposal, performance of work and provision of services, types or features of transactions and (or) persons who are manufacturers, performers , sellers, buyers.

Article 20. Forms of confirmation of conformity

1. Confirmation of conformity on the territory of the Russian Federation may be voluntary or mandatory.
2. Voluntary confirmation of conformity is carried out in the form of voluntary certification.
3. Mandatory confirmation of compliance is carried out in the following forms:
adoption of a declaration of conformity (hereinafter referred to as the declaration of conformity);
mandatory certification.
4. The procedure for applying the forms of mandatory confirmation of conformity is established by this Federal Law.

Article 21. Voluntary confirmation of conformity

1. Voluntary confirmation of conformity is carried out at the initiative of the applicant on the terms of the agreement between the applicant and the certification body. Voluntary confirmation of conformity can be carried out to establish compliance with national standards, standards of organizations, voluntary certification systems, and the terms of contracts.
The objects of voluntary confirmation of conformity are products, processes of production, operation, storage, transportation, sale and disposal, works and services, as well as other objects for which standards, voluntary certification systems and contracts establish requirements.
Certification body:
performs confirmation of conformity of objects of voluntary confirmation of conformity;
issues certificates of conformity for objects that have passed voluntary certification;
grants applicants the right to use the mark of conformity, if the use of the mark of conformity is provided for by the relevant system of voluntary certification;
suspends or terminates the certificates of conformity issued by him.
2. A voluntary certification system may be created by a legal entity and (or) an individual entrepreneur or several legal entities and (or) individual entrepreneurs.
The person or persons who created the voluntary certification system establish a list of objects subject to certification and their characteristics, for compliance with which voluntary certification is carried out, the rules for performing the work provided for by this voluntary certification system and the procedure for their payment, determine the participants in this voluntary certification system. The voluntary certification system may provide for the use of a mark of conformity.
3. Voluntary certification system can be registered federal body executive power on technical regulation.
To register a voluntary certification system, the following documents are submitted to the federal executive body for technical regulation:
certificate of state registration of a legal entity and (or) individual entrepreneur;
rules for the functioning of the voluntary certification system, which provide for the provisions of paragraph 2 of this article;
image of the mark of conformity used in this system of voluntary certification, if the use of the mark of conformity is provided for, and the procedure for applying the mark of conformity;
document confirming payment for registration of the voluntary certification system.
Registration of a voluntary certification system is carried out within five days from the date of submission of the documents provided for by this paragraph for registration of a voluntary certification system to the federal executive body for technical regulation. The procedure for registering a voluntary certification system and the amount of the registration fee are established by the Government of the Russian Federation. The fee for registration of the voluntary certification system is subject to transfer to the federal budget.
4. Refusal to register a voluntary certification system is allowed only in case of failure to submit the documents specified in paragraph 3 of this article, or if the name of the system and (or) the image of the conformity mark coincides with the name of the system and (or) the image of the conformity mark of the previously registered voluntary certification system. A notice of refusal to register a voluntary certification system shall be sent to the applicant within three days from the date of the decision to refuse registration of this system, indicating the grounds for refusal.
Refusal to register a voluntary certification system may be appealed in court.
5. The federal executive body for technical regulation maintains a unified register of registered voluntary certification systems containing information about legal entities and (or) individual entrepreneurs that have created voluntary certification systems, about the rules for the functioning of voluntary certification systems, which provide for the provisions of paragraph 2 of this article, signs of conformity and the order of their application. The federal executive body for technical regulation must ensure the availability of information contained in the unified register of registered voluntary certification systems to interested parties.
The procedure for maintaining a unified register of registered voluntary certification systems and the procedure for providing information contained in this register are established by the federal executive body for technical regulation.

Article 22. Marks of conformity

1. Certification objects certified in the voluntary certification system may be marked with the mark of conformity of the voluntary certification system. The procedure for applying such a mark of conformity is established by the rules of the relevant voluntary certification system.
2. Application of the mark of conformity national standard carried out by the applicant on a voluntary basis in any way convenient for the applicant in the manner prescribed by the national standardization body.
3. Objects, the conformity of which has not been confirmed in accordance with the procedure established by this Federal Law, cannot be marked with a mark of conformity.

Article 23. Mandatory confirmation of conformity

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 regardless of the schemes for mandatory confirmation of conformity and are valid throughout the Russian Federation.
4. Works on mandatory confirmation of conformity are subject to payment by the applicant.
The Government of the Russian Federation establishes a methodology for determining the cost of works for mandatory confirmation of conformity, which provides for the application of uniform rules and principles for setting prices for products of the same or similar types, regardless of the country and (or) place of its origin, as well as persons who are applicants.

1. Declaration of conformity is carried out according to one of the following schemes:
acceptance of a declaration of conformity based on own evidence;
acceptance of a declaration of conformity based on their own evidence, evidence obtained with the participation of the certification body and (or) accredited testing laboratory (center) (hereinafter referred to as the third party).
When declaring conformity, the applicant may be registered in accordance with the legislation of the Russian Federation on its territory entity or individual as an individual entrepreneur, or being a manufacturer or seller, or performing the functions of a foreign manufacturer on the basis of an agreement with him in terms of ensuring compliance of the supplied products with the requirements of technical regulations and in terms of responsibility for non-compliance of the supplied products with the requirements of technical regulations (a person performing the functions of a foreign manufacturer).
The range of applicants is established by the relevant technical regulations.
The scheme for declaring conformity with the participation of a third party is established in the technical regulation if the absence of a third party leads to failure to achieve the goals of conformity assessment.
2. When declaring conformity on the basis of their own evidence, the applicant independently generates evidentiary materials in order to confirm the conformity of products to the requirements of technical regulations. Technical documentation, the results of own research (tests) and measurements and (or) other documents that have served as a motivated basis for confirming the compliance of products with the requirements of technical regulations are used as evidentiary materials. The composition of evidentiary materials is determined by the relevant technical regulations.
3. When declaring conformity on the basis of his own evidence and evidence obtained with the participation of a third party, the applicant, at his choice, in addition to his own evidence, formed in the manner prescribed by paragraph 2 of this article:
includes in the evidentiary materials the protocols of studies (tests) and measurements carried out in an accredited testing laboratory (center);
provides a quality system certificate, in respect of which the control (supervision) of the certification body that issued this certificate over the object of certification is provided.
4. The quality system certificate can be used as part of the evidence when making a declaration of conformity for any product, except for the case if for such products the technical regulations provide for another form of confirmation of conformity.
5. Declaration of conformity is drawn up in Russian and must contain:

name and location of the manufacturer;
information about the object of confirmation of conformity, allowing to identify this object;
the name of the technical regulation for compliance with the requirements of which the products are confirmed;
indication of the conformity declaration scheme;
the applicant's statement on the safety of the product when it is used in accordance with the intended purpose and when the applicant takes measures to ensure that the product complies with the requirements of technical regulations;
information about the studies (tests) and measurements carried out, the quality system certificate, as well as the documents that served as the basis for confirming the compliance of products with the requirements of technical regulations;
validity period of the declaration of conformity;
other information provided for by the relevant technical regulations.
The validity period of the declaration of conformity is determined by the technical regulations.
The form of the declaration of conformity is approved by the federal executive body for technical regulation.
6. Designed according to established rules the declaration of conformity is subject to registration by the federal executive body for technical regulation within three days.
To register a declaration of conformity, the applicant shall submit to the federal executive body for technical regulation a declaration of conformity drawn up in accordance with the requirements of paragraph 5 of this Article.
The procedure for maintaining the register of declarations of conformity, the procedure for providing the information contained in the said register, and the procedure for paying for the provision of the information contained in the said register are determined by the Government of the Russian Federation.
7. The declaration of conformity and the documents constituting evidence are kept by the applicant for three years from the expiration date of the declaration. The second copy of the declaration of conformity is kept in the federal executive body for technical regulation.

Article 25. Compulsory certification

1. Mandatory certification is carried out by the certification body on the basis of an agreement with the applicant. Certification schemes used for certification of certain types of products are established by the relevant technical regulations.
2. Compliance of products with the requirements of technical regulations is confirmed by a certificate of conformity issued to the applicant by the certification body.
The certificate of conformity includes:
the name and location of the applicant;
name and location of the manufacturer of the certified products;
name and location of the certification body that issued the certificate of conformity;
information about the object of certification, allowing to identify this object;
the name of the technical regulation for compliance with the requirements of which certification was carried out;
information about the conducted studies (tests) and measurements;
information about the documents submitted by the applicant to the certification body as evidence of product compliance with the requirements of technical regulations;
validity period of the certificate of conformity.
The validity period of the certificate of conformity is determined by the relevant technical regulations.
The form of the certificate of conformity is approved by the federal executive body for technical regulation.
Article 26. Organization of compulsory certification
1. Mandatory certification is carried out by a certification body accredited in accordance with the procedure established by the Government of the Russian Federation.
2. Certification body:
engages on a contractual basis for research (testing) and measurements testing laboratories (centers) accredited in the manner established by the Government of the Russian Federation (hereinafter referred to as accredited testing laboratories (centers);
exercises control over the objects of certification, if such control is provided for by the relevant scheme of mandatory certification and the contract;
maintains a register of certificates of conformity issued by him;
informs the relevant authorities state control(supervision) over compliance with the requirements of technical regulations on products submitted for certification, but not passed it;
suspends or terminates the certificate of conformity issued by him;
ensures that applicants are provided with information on the procedure for conducting mandatory certification;
establishes the cost of certification work on the basis of the methodology for determining the cost of such work approved by the Government of the Russian Federation.
3. The federal executive body for technical regulation maintains a unified register of issued certificates of conformity.
The procedure for maintaining a unified register of issued certificates of conformity, the procedure for providing information contained in the unified register and the procedure for paying for the provision of information contained in the specified register are established by the Government of the Russian Federation.
The procedure for transferring information about issued certificates of conformity to the unified register of issued certificates is established by the federal executive body for technical regulation.
4. Research (testing) and measurement of products in the implementation of mandatory certification are carried out by accredited testing laboratories (centers).
Accredited testing laboratories (centers) conduct research (tests) and measurements of products within their scope of accreditation on the terms of contracts with certification bodies. Certification bodies are not entitled to provide accredited testing laboratories (centers) with information about the applicant.
An accredited testing laboratory (center) draws up the results of studies (tests) and measurements in the relevant protocols, on the basis of which the certification body decides to issue or refuse to issue a certificate of conformity. An accredited testing laboratory (center) is obliged to ensure the reliability of the results of research (tests) and measurements.

Article 27

1. Products whose compliance with the requirements of technical regulations has been confirmed in the manner prescribed by this Federal Law shall be marked with a mark of circulation on the market. The image of the sign of circulation on the market is established by the Government of the Russian Federation. This mark is not a special protected mark and is applied for informational purposes.
2. Marking with the mark of circulation on the market is carried out by the applicant independently in any way convenient for him.
Products whose compliance with the requirements of technical regulations has not been confirmed in accordance with the procedure established by this Federal Law cannot be marked with a mark of circulation on the market.

Article 28. Rights and obligations of the applicant in the field of mandatory confirmation of conformity

1. The applicant has the right:
choose the form and scheme of confirmation of conformity provided for certain types of products by the relevant technical regulations;
apply for mandatory certification to any certification body whose scope of accreditation covers the products that the applicant intends to certify;
contact the accreditation body with complaints about misconduct certification bodies and accredited testing laboratories(centers) in accordance with the legislation of the Russian Federation.
2. The applicant is obliged:
ensure compliance of products with the requirements of technical regulations;
release into circulation products subject to mandatory confirmation of conformity only after such confirmation of conformity has been carried out;
indicate in the accompanying technical documentation and when labeling products information about the certificate of conformity or declaration of conformity;
present to the bodies of state control (supervision) over compliance with the requirements of technical regulations, as well as to interested persons documents confirming the conformity of products with the requirements of technical regulations (declaration of conformity, certificate of conformity or copies thereof);
suspend or terminate the sale of products if the certificate of conformity or declaration of conformity has expired or the validity of the certificate of conformity or declaration of conformity has been suspended or terminated;
notify the certification body of changes to the technical documentation or technological processes production of certified products;
suspend the production of products that have passed confirmation of conformity and do not meet the requirements of technical regulations, based on decisions of state control (supervision) bodies over compliance with the requirements of technical regulations.

Article 29

1. To place products subject to mandatory confirmation of conformity under customs regimes that provide for the possibility of alienation or use of these products in accordance with their purpose in the customs territory of the Russian Federation, to the customs authorities simultaneously with customs declaration the applicant or a person authorized by the applicant shall submit a declaration of conformity or a certificate of conformity or documents on their recognition in accordance with Article 30 of this federal law. Submission of these documents is not required if the products are placed under the customs regime of refusal in favor of the state.
For purposes customs clearance lists of products covered by the first paragraph of this paragraph, indicating the codes of the Commodity Nomenclature for Foreign Economic Activity, are approved by the Government of the Russian Federation on the basis of technical regulations.
2. Products, determined in accordance with the provisions of paragraph two of paragraph 1 of this article, subject to mandatory confirmation of conformity, imported into customs territory of the Russian Federation and placed under customs regimes that do not provide for the possibility of its alienation, is issued customs authorities of the Russian Federation to the territory of the Russian Federation without submitting the documents on compliance specified in paragraph one of clause 1 of this article.
3. The procedure for the import into the customs territory of the Russian Federation of products subject to mandatory confirmation of conformity and determined in accordance with the provisions of paragraph two of paragraph 1 of this article and taking into account the provisions of paragraph 2 of this article is approved by the Government of the Russian Federation.

Article 30. Recognition of the results of conformity assessment

Conformity assessment documents, marks of conformity, research (testing) and product measurement protocols obtained outside the territory of the Russian Federation can be recognized in accordance with international treaties Russian Federation.