What is the object of mandatory confirmation of conformity

Mandatory confirmation of compliance be carried out only in cases established by the relevant technical regulation, and exclusively for compliance with the requirements of technical regulations.

object mandatory confirmation matching can be only products issued for circulation on the territory of the Russian Federation. At the same time, it should be noted that products manufactured at the enterprise and used only at it, for example, components or components of the final product, are not subject to mandatory conformity assessment. But if it comes to the buyer as finished product, for example, as spare parts, it is subject to mandatory confirmation of conformity.

Form and schemes 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.

Mandatory confirmation of compliance is carried out in the forms declaration of conformity or mandatory certification .

9.5.1 Declaration of Conformity requirements of technical regulations is carried out according to one of the following schemes :

- adoption of a declaration on compliance based on own evidence ;

- adoption of a declaration on compliance based on own evidence, evidence obtained with the participation of the certification body and (or) accredited testing laboratory(Further - the third side ).

A declaration scheme involving a third party is established in the technical regulation in the event that the applicant's own evidence is insufficient to reliably confirm the conformity or importance of the product.

by the applicant, carrying out mandatory confirmation of conformity may be a legal entity or individual as an individual entrepreneur, or as a manufacturer or seller. The range of applicants is established by the relevant technical regulations. They can be, for example, manufacturers or sellers of products, but they cannot be performers of work, because only products can be subject to mandatory confirmation of conformity.

When declaring conformity on the basis of their own evidence, the applicant on one's own generates evidentiary materials in order to confirm the compliance of products with the requirements of technical regulations. As evidence technical documentation, the results of our own research and measurements, and other documents are used. The composition of these materials is determined by the technical regulations.

The result of the declaration of conformity is declaration of conformity – a document certifying the conformity of products put into circulation with the requirements of technical regulations. The content of the declaration is directly determined by the Law.

Declaration of Conformity issued in Russian and should contain :

Name and location of the applicant and manufacturer;

Information about the object of confirmation of conformity;

The name of the technical regulation, for compliance with the requirements of which the products are confirmed;

An indication of the conformity declaration scheme;

Applicant's product safety statement;

Information about the research and measurements carried out, the certificate of the quality system;

Validity of the declaration of conformity;

Other information provided for by the technical regulations.

new the content of the declaration is the statement of the applicant about the safety of the product when used for its intended purpose.

A completed declaration of conformity is subject to registration federal body executive power for technical regulation. By this the Law increased the level of registration (previously it was carried out in the certification body). The declaration acquires legal force only after registration.

9.5.2 Mandatory certification carried out by the certification body on the basis of agreements with the applicant. Certification schemes are established by the relevant technical regulations. The law does not provide for the establishment of mandatory certification systems. Compliance of products with the requirements of technical regulations is certified certificate of conformity issued to the applicant by the certification body.

Certificate of conformity includes :

Name and location of the applicant, product manufacturer and certification body;

Information about the object of certification;

The name of the technical regulation for compliance with the requirements of which certification was carried out;

Information on the documents submitted by the applicant and on the tests and measurements carried out;

Validity period of the certificate of conformity.

The determination of the content of the certificate by the Law is an example of the line pursued in it for the withdrawal of powers in the field of mandatory certification from the federal executive authorities (they only approve the form of the certificate).

Declaration of Conformity and Certificate of Conformity have equal legal force .

Mandatory certification is carried out certification body , accredited in the manner prescribed by the Government of the Russian Federation. Previously, the procedure for accreditation was established by the body creating a system of mandatory certification.

The certification body performs the following functions :

Involves accredited testing laboratories for research and measurements;

Carries out control over the objects of certification, if it is provided for by the mandatory certification scheme or the contract;

Maintains a register of certificates of conformity issued by him;

Informs state control bodies about products that have been submitted for certification, but have not passed it;

Suspends or terminates the certificate of conformity issued by him.

The federal executive body for technical regulation (Rostekhregulirovanie) conducts unified all-Russian registry issued certificates of conformity, the procedure for maintaining which is established by the Government of the Russian Federation. The register is formed on the basis of information provided by the mandatory certification bodies.

Research (testing) and measurement of products in the implementation of mandatory certification are carried out by accredited testing laboratories (centers) within their scope of accreditation on the terms of agreements with accreditation bodies. Moreover, the applicant cannot directly apply to the testing laboratory for product testing, and accreditation bodies are not entitled to provide testing laboratories with information about the applicant. This is necessary for the objectivity of tests, one of the conditions of which is anonymity tested products.

Test and measurement results are documented protocols , on the basis of which the certification body decides to issue a certificate of conformity or to refuse to issue. But the existence of a protocol is not the only basis for making such decisions. For example, it may be provided production certification .

Main requirements for testing laboratories :

Independence;

Impartiality;

Immunity;

technical competence.

Products that meet the requirements of technical regulations are marked sign of circulation in the market . Its image is established by the Government of the Russian Federation, it is not a specially protected mark and is applied in information purposes . Marking with a sign is carried out by the applicant independently in any way convenient for him. The condition for the use of the mark is that the products have a registered declaration of conformity or a certificate of conformity issued by a mandatory certification body.

As mentioned above, mandatory confirmation of conformity is carried out by an individual or legal entity that is the applicant . It has the following rights :

Choose the form and scheme of confirmation of compliance;

Apply for mandatory certification to any certification body;

Apply to the accreditation body with complaints about illegal actions of certification bodies and testing laboratories.

Among the rights of the applicant, an important one is the right to choose the form and scheme for confirming conformity from those provided for by the technical regulations.

The applicant, in addition to the rights, also has responsibilities , the main ones being:

Ensure compliance of products with the requirements of technical regulations;

Release products into circulation only after confirmation of conformity;

Indicate in the documentation and when labeling products information about the certificate of conformity;

Submit to authorities state control(supervision) and interested parties documents confirming the conformity of products with the requirements of technical regulations (declaration of conformity, certificate of conformity or their copies);

Suspend or terminate the sale of products if the certificate has expired or has been terminated.

Interested parties in this case should be understood as the purchaser of the product. The procedure for certifying a copy of the certificate of conformity is established by the Government of the Russian Federation. It can be certified by the holder of the original, a notary public or a certification body that issued the certificate.

Necessary condition activities of certification bodies and testing laboratories is their accreditation, those. official recognition of the right to carry out work in the field of conformity assessment. The main purpose of accreditation is to establish and confirm the ability of the relevant body to carry out work in the presence of necessary equipment and trained staff. The procedure for accreditation is established by the Government of the Russian Federation.

The main objectives of accreditation are:

- confirmation of competence certification bodies and testing laboratories;

- building trust manufacturers, sellers and purchasers to the activities of certification bodies;

- creating conditions for recognition results of activities of certification bodies.

Main principles of accreditation certification bodies:

voluntariness;

Openness and accessibility of accreditation rules;

Competence and independence of bodies carrying out accreditation;

Ensuring equal conditions for persons applying for accreditation;

Inadmissibility of combining powers for accreditation and conformity assessment;

The inadmissibility of establishing limits on the validity of documents on accreditation in certain territories.

Goals and principles of conformity assessment

Conformity assessment- direct or indirect determination of compliance with the requirements for the object.

Confirmation of compliance- documentary evidence of compliance of products or other objects, processes of production, operation, storage, transportation, sale and disposal, performance of work or provision of services with the requirements of technical regulations, provisions of standards or terms of the contract.

In the last decade, documents confirming the compliance of the supplied products with the requirements established in the standards and other regulatory documents have begun to play an important role in the practice of supplying products. These supporting documents are the result of a procedure involving three parties. The parties involved represent, as a rule, the interests of suppliers (the first party) and buyers (the second party). Third party - a person or body recognized as independent of the parties involved in the issue under consideration. The parties involved represent, as a rule, the interests of suppliers (the first party) and buyers (the second party).

Compliance Form- a certain procedure for documentary certification of the conformity of products or objects with the requirements of technical regulations, the provisions of standards and the terms of contracts.

In accordance with the provisions of the law "On technical regulation" confirmation of conformity is aimed at achieving the following goals:

• 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;
• creation of 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.
• ensure trade secret in relation to the information obtained in the course of conformity assessment.

Conformity assessment is carried out on the basis of the following 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 for which the requirements of TR are not established;
• establishing a list of forms and schemes for mandatory conformity assessment for certain types of products in the relevant TR;
• reducing the time for the implementation of mandatory confirmation of conformity and the cost of the consumer;
• inadmissibility of coercion to implement voluntary confirmation compliance, including in a specific system voluntary certification;
• protection of the property interests of applicants, observance of trade secrets in relation to information obtained in the course of 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 or place of origin of products, the implementation of production processes, operation, storage, transportation, sale and disposal, performance of work and provision of services.

Compliance Forms

Law " About technical regulation"provides two types of product conformity assessment:

Mandatory;

Voluntary.

Voluntary certification

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

Compliance certification- the form carried out by the certification body to confirm the compliance of objects with the requirements of the TR, the provisions of the standards or the terms of the contract. In certification, confirmation is carried out by a third party - a certification body. After the certification, the certification body issues a document certifying the compliance of the object with the voluntarily set requirements - a certificate of conformity.

Voluntary confirmation of conformity is carried out at the initiative of the applicant on the terms between the applicant and the certification body. Voluntary confirmation of conformity can be carried out to establish compliance with international and national standards, standards of organizations, voluntary certification systems, and the terms of the contract.

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.

The certification body performs the following procedures:

1. carries out confirmation of conformity of objects of voluntary confirmation of conformity;

2. issues certificates of conformity for objects that have passed voluntary certification;

3. gives applicants the right to use the mark of conformity, if the use of the mark is provided operating system voluntary certification;

4. suspend or terminate the certificates of conformity issued by him.

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.

Compliance mark- a designation that serves to inform purchasers about the compliance of certification with the requirements of voluntary certification or the national standard (Fig. 6).

In accordance with the Law "On Technical Regulation", a voluntary certification system can be created by a legal entity and (or) an individual entrepreneur or several legal entities and (or) individual entrepreneurs. The persons who created the voluntary certification system establish a list of objects subject to certification, their characteristics, for compliance with which voluntary certification is carried out. The rules for the performance of the prescribed work and the procedure for their payment are determined by the participants in this system of voluntary certification.

table 2

Examples of voluntary certification systems

Fig.15. Signs of conformity to voluntary certification systems

Mandatory confirmation of compliance

Mandatory confirmation of conformity is carried out only in cases established by the relevant technical regulations, 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.

Mandatory confirmation of compliance is carried out in two forms:

Mandatory certification;

Acceptance of the declaration of conformity.

Mandatory certification- is a form of state control over product safety, as a result of which a document is issued: a certificate of conformity. Another mandatory certification is called "certification in a legally regulated area."

Until the technical regulations come into force in accordance with Article 7 of the Law "On Protection of Consumer Rights", the lists of goods subject to mandatory compliance are approved by the Government of the Russian Federation. Based on these lists, they are developed and put into effect by a decree of the Federal Agency for Technical Regulation and Metrology. The range of products and services for which their mandatory confirmation of conformity is provided.

With mandatory certification, only those mandatory requirements, which are established by law introducing mandatory certification. Thus, according to the Law "On the Protection of Consumer Rights, with mandatory certification of goods, their safety for the life, health of the consumer, the environment and the prevention of harm to consumer property must be confirmed. According to the Law "On Energy Saving", energy-consuming products are also subject to mandatory certification in terms of energy efficiency.

The organization of work on mandatory certification is entrusted to a specially authorized federal agency executive authority in the field of certification "Federal Agency for Technical Regulation and Metrology". This system is currently being reorganized.

Declaration of Conformity- a form of confirmation of conformity of products to the requirements of technical regulations, as a result of which a document is issued: a declaration of conformity.

Declaration of Conformity and Certificate of Conformity have equal legal force.

Reform in the field technical regulation provides gradual transition from a rigid form of confirmation of conformity (mandatory certification) to more liberal ones - declaration of conformity and voluntary forms. Now in Russia they declare no more than 30% of all products circulating on the market, including imported ones. It is planned that upon completion of the reform, 10% of products entering the domestic market will be necessarily certified, 60% declared, and 30% will enter the market without mandatory confirmation of conformity.

What is declaration and what is the difference between this procedure and mandatory certification?

The main thing is the redistribution of responsibility. Declaration - a document by which the manufacturer (seller) himself certifies that the products manufactured (supplied) by him comply with the mandatory requirements established for these products. This fully corresponds to the generally accepted world practice - the responsibility for the quality of products lies with the one who produces them. The exceptions are sectors and areas in which the interests of society as a whole prevail: defense, social sphere. Here, as before, the state will act as a guarantor of safety and quality. In contrast to the mandatory certification procedure, in which the conformity of products is established by a third independent party - a certification body. Moreover, only the first party (manufacturer, seller of products) accepts declarations of conformity. Having collected all the necessary evidence of product conformity, he accepts the declaration as an obligation for the compliance of the manufactured (sold) products with standardized requirements.

Mandatory certification was introduced in our country in the early 90s, during the formation market relations, as a means of tracking low-quality and dangerous products that then entered the market in large quantities, including from abroad. Now the situation is somewhat different. It is not yet possible to call the market a completely civilized one, but market mechanisms are already operating. At this stage, it is important to strike a balance between the risk of society from the use of low-quality products and the cost of business to confirm compliance. established requirements. Mandatory certification will be applied over time only in exceptional cases, and in all other cases declaration will apply.

Who can make a declaration?

Only Russian manufacturers (sellers) registered as legal entities In the Russian Federation, representing the interests of foreign manufacturers, i.e. accepting the declaration must necessarily fall under the jurisdiction of the Russian Federation. This is due to the fact that the responsibility for the detected discrepancy lies solely with the one who accepted the declaration. In accordance with the law "On Technical Regulation", the seller can accept a declaration only on the basis of a direct contract with the manufacturer of products to represent his interests. It turns out that the seller who received the goods through several hands does not have the right to accept the declaration. The manufacturer can accept a declaration for mass-produced products or for a specific batch of products, while the seller can accept a declaration only for a batch of products of a specific volume that he has.

How does the manufacturer (seller) confirm the conformity of their products to all necessary requirements?

Of course, the declaration of conformity is accepted by the manufacturer not on empty place, but on the basis of a whole system of evidence formed by the manufacturer itself, based on a set of documents.

acceptance protocols, acceptance tests conducted in the manufacturer's own testing laboratory, or test reports in an accredited testing laboratory;

Certificates of conformity or test reports for raw materials, materials, components;

Other documents stipulated for this product by the relevant federal laws (hygienic conclusions, veterinary certificates, certificates fire safety etc.);

Certificates for the quality system or for production, etc.

It should be noted that the seller, unlike the manufacturer, who, as a rule, does not have its own testing facilities and testing experience, can accept a declaration of conformity only if there are test reports conducted by a third party. In accordance with the procedure, a declaration of conformity can be adopted in relation to a specific product or a group of homogeneous products, for which uniform requirements are established, subject to confirmation. A declaration is accepted for a period set by the manufacturer (seller), based on the expected duration of the release of this product or the sale of a batch of products. The validity period of the certificate cannot exceed 3 years.

The declaration of conformity accepted by the manufacturer (seller) is subject to compulsory registration in an accredited certification body for this service. Registration is a necessary stage in the conditions of the Russian market, it makes it possible to "track" the manufacturer (seller) who has accepted the declaration. In addition, registration is a procedure as a result of which the certification body actually gives legal force to the declaration accepted by the manufacturer along with the certificate of conformity for mandatory certification. The registration mechanism is described in the law.

How can you tell if a product has been declared or certified?

According to the law "On Technical Regulation", when confirming conformity by means of a declaration, the same mark of conformity is used for labeling products as for products that have passed the mandatory certification procedure, only without specifying the certification body, namely, the mark of circulation on the market.

Sign of conversion- a sign intended for marking products, the compliance of which with the requirements of technical regulations is confirmed (Fig. 16).

Rice. 16 Mark of circulation on the market

The priority form of mandatory confirmation of conformity is the declaration of conformity, carried out in accordance with the requirements of technical regulations. Mandatory certification in technical regulations should be laid down only in justified cases. However, it is recommended to use one of the following criteria for its application:

A high degree of potential danger of products, combined with special measures to protect the market, when it is necessary to additionally take into account the current specific situation in a particular sector of the market. An example of this would be the introduction of mandatory certification medicines;

Belonging of specific products to the scope of international agreements, conventions and other documents to which Russia has joined and which provide for certification similar products(For such products, the technical regulations on the basis of certification procedures established by international documents should provide appropriate conformity assessment schemes in the form of certification. For example, a system for certification of mechanical Vehicle for compliance with UNECE regulations. In this case, the use of mandatory certification, subject to the agreement, will retain the possibility of mutual recognition of the results of conformity assessment without re-certification provided for by this agreement);

The third criterion is determined by cases where the applicant is not able to accept a declaration of conformity without violating the norms of the Law and technical regulations. This primarily applies to imported products, when the foreign manufacturer does not have an authorized representative on the territory of the Russian Federation or when the first party (mainly the seller) does not have its own evidence of compliance, provided for by the technical regulations.

The application of the third criterion will make it possible to avoid a situation where products required by the market cannot be put into circulation on the territory of the Russian Federation due to the lack of a conformity assessment procedure inaccessible to the supplier, for example, in the absence of a person performing the functions of a foreign manufacturer.

To confirm the flexibility of conformity assessment procedures, it is recommended, in justified cases, to establish both forms of conformity assessment in the technical regulation for the same product, indicating the conditions that restrict, if necessary, their use by the applicant.

III. Determination of compliance of the accounting procedure with the requirements of special rules, circumstances that impede the objective maintenance of financial statements

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 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 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 the property interests of applicants, observance of trade secrets in relation to information obtained during the confirmation of compliance;

inadmissibility of substituting mandatory confirmation of conformity with voluntary certification.

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

Compliance Forms . Conformity assessment 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 compliance of a product, process or service with national standards, organization standards, voluntary certification systems and contract terms.

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 kind 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.

The form of confirmation of conformity in the general case is the procedure for confirming conformity. The terms "conformity assessment" and "certification" are identical. Therefore, the forms of confirmation of conformity are forms of certification. Conformity assessment can be carried out in relation to different normative documents, for example, state or international standards, rules, specifications, contracts, technical regulations and other regulations. You can only confirm compliance with the requirements of certain regulatory documents.

Federal Law No. 184 "On Technical Regulation" clarifies that the forms of conformity assessment formulated in this legislative document are precisely documentary evidence compliance and relate to the confirmation of compliance with the requirements technical regulations, terms of contracts and provisions of standards.

Based on the Federal Law, the conformity assessment form can be mandatory or voluntary.

At the same time, Federal Law No. 184 names two forms as a mandatory form of confirmation of conformity: declaration of conformity and mandatory certification.

Thus, on the basis of Federal Law No. 184, there are three forms of conformity assessment:

• mandatory certification;
• declaration of conformity (mandatory);
• voluntary certification.

Accordingly, the law provides for three documentary forms of confirmation of compliance:

• obligatory certificate of conformity;
• declaration of conformity (mandatory);
• voluntary certificate of conformity.

Two forms of confirmation of conformity (certification and declaration) were created in the European Union. There is an approach based on determining the degree of potential danger of the goods. In accordance with this, an appropriate form of certification is used: for the most dangerous groups of goods, a mandatory conformity assessment should be carried out by accredited certification bodies; for less hazardous products, the manufacturer's (manufacturer's representative) or seller's declaration of product safety may apply.

The difference in these two forms lies in the degree of responsibility of applicants and certification bodies. When certifying products, the document of conformity is drawn up and the certification body is responsible for it, in another case, the applicant himself accepts a declaration of conformity based on product testing, the certification body only registers the document, the responsibility for the information provided in the declaration lies with the declarant.

Unlike Russian legislation, declaration in Europe is a voluntary form of conformity assessment. There doesn't exist established document and a firm procedure for registering them. A product passport, for example, can serve as a declaration.

In Russia, the need to introduce declaration as the main form of conformity assessment, instead of mandatory certification, has been legally established. This is directed by Decree of the President of the Russian Federation No. 797 of May 15, 2008, which determines what for implementation in Russia entrepreneurial activity, urgent measures are needed to eliminate administrative restrictions.

Other federal laws and certifications

Federal Law No. 52 dated March 30, 1999 No. 52-FZ “On the sanitary and epidemiological well-being of the population” introduced two forms of product conformity assessment, which were analogous to mandatory certification and existed in the Russian Federation long time(until July 1, 2010, when the legislation came into force Customs Union— TS). These documents are: Certificate of State Registration of the Russian Federation and Sanitary and Epidemiological Conclusion (SEZ). In fact, they were forms of conformity assessment, but were not specified in Federal Law No. 184 as forms of conformity assessment.

Decision of the Commission of the Customs Union (CCC) No. 299 dated May 28, 2010 introduced two new forms of conformity assessment, calling them voluntary: Expert opinion Rospotrebnadzor (which replaced the Certificate of State Registration of the Russian Federation and the Free Economic Zone) and the Certificate of State Registration of the Vehicle. Although they are called voluntary conformity assessment forms, these documents must be submitted in the event of a situation at the border that requires sanitary supervision for the transported cargo (without them, the cargo will not be allowed into the Russian Federation), as well as at the first entry into the Russian market of products that are listed in the List of goods approved by CCC decision No. 299.

Although Federal Law No. 184 determines that mandatory forms of conformity assessment can only be applied to establish compliance with the mandatory requirements of the Technical Regulations, and mandatory certification is established only by Federal Law No. 184. But so far in the Russian Federation there are mandatory forms of conformity assessment in others (except for the GOST certification system P) mandatory conformity assessment systems, of which there are 16 in the Russian Federation.

They were created in accordance with Federal Law No. 5151-1 dated June 10, 1993 "On Certification of Products and Services" and operate according to the rules established by them. Each mandatory system contains its own list of products that require mandatory confirmation of conformity.

System fire certification The Ministry of Emergency Situations was brought into line with Federal Law No. 184 by adopting the Technical Regulations “On Fire Requirements” (Federal Law No. 123 of July 22, 2008), which came into force on May 1, 2009.

Mandatory certification as a form of conformity assessment

Mandatory certification refers to one of the forms of ensuring state control of product safety. During the certification procedure, a document is issued - a certificate of conformity. Otherwise, mandatory certification is defined as "certification in a legally regulated area".

In accordance with Federal Law No. 184, such a form of confirmation of conformity as mandatory certification applies only to the fulfillment of the mandatory requirements of the Technical Regulations.

The conformity assessment procedure, in addition to the form of the document, also includes certification or declaration schemes, on which the conformity assessment procedure and the set binding documents to be submitted to the applicant.

But for the transitional period, before the entry into force of the TR, the establishment of the obligation to confirm compliance and the approval of the Lists of such products (adjustments to them) was entrusted to the Government of the Russian Federation (based on the Federal Law "On Protection of Consumer Rights").

Those. in this case, the Federal Law "On Protection of Consumer Rights" introduces a form of confirmation of conformity, as well as mandatory requirements. In accordance with this law, mandatory certification, as a form of confirmation of conformity, must be used to certify the safety of products for the health and life of consumers, prevent harm to consumer property and environment. In accordance with the Federal Law "On Energy Saving", products that consume energy are subject to mandatory certification for energy efficiency characteristics.

Declaration in Russia as a mandatory form of conformity assessment

Declaration is also a form of confirmation of compliance with the requirements of the Technical Regulations. The exception is the transitional period. At this time, the conformity assessment form with the execution of the declaration is made on the basis of the same legislative framework, which is mandatory certification.

The certificate of conformity and the declaration of conformity in terms of Federal Law No. 184 have the same legal force. But in accordance with the reform of technical regulation in the Russian Federation, which is aimed, among other things, at harmonization with international requirements and forms of conformity assessment, mandatory certification will be replaced (and is already being replaced) by declaring products or issuing voluntary conformity assessment forms.

It is generally accepted that after the completion of the reform, only about 10% of the products traded for Russian market, will be subject to mandatory certification, and about 60% will require declaration (mandatory, as long as this requirement is formulated Russian legislation). And the remaining 30% of the products will not require mandatory forms conformity confirmation.

Voluntary certification as a form of conformity assessment

Voluntary certification is carried out at the initiative of the applicant on the basis of contractual relations between the certification body and the applicant. This form of conformance assessment may occur to determine compliance with the standards of organizations (including, specifications), national and international standards, terms of the contract, requirements of voluntary certification systems.

The objects of voluntary certification can be all objects of conformity assessment specified in Federal Law No. 184:

• processes (technological, production, sales, storage, transportation, disposal, etc.);
• products;
• works and services;
• management systems of enterprises and organizations;
• staff and others.

Confirmation of the passage of the voluntary certification procedure is the assignment of a mark of conformity to the object. It is similar to the conformity mark of the mandatory certification system, but around the graphic mark, as a rule, there is an inscription "voluntary certification".

Each voluntary system certification, in addition to determining the objects of conformity assessment, the procedure (i.e., the form of confirmation of conformity), requirements for objects, the product labeling mark can be approved.