The Customs Union: changes in certification system

Since July 1, 2010 the legislation of the Customs Union (CU) of the countries ofBelarus,KazakhstanandRussiademolished essential changes in system of certification of production which is imported into theRussian Federationand let out for realization in its territory.

The list of production demanding certification on the basis of the legislation of the CU, subject to sanitary and epidemiologic supervision on border, contains the Decision of the commission of the CU No. 299 of 28.05.2010. According to them on types of goods which can do serious harm to health of consumers at discrepancy of indicators of safety and their poor quality, it is required to issue the Certificate on the state registration of Rospotrebnadzor. On the considerable list of production it is necessary to receive the Expert opinion on compliance to sanitary requirements of the CU, in the same place — in Rospotrebnadzor.

The commission of the CU introduced into circulation the uniform certificate of conformity for the Union countries. The list of production which is subject to an assessment of compliance to requirements of the legislation of the CU, is established by the commission No. 319 Decision from 18.06.2010г. Now certificates of conformity can be replaced with production of the CU and the declaration on compliance of the CU similar operating in the Union countries with national allowing documents.

 

 

Certificates for the Russian Customs Office

Certificates for the Russian Customs are accepted to understand registration of allowing documents which are required to be shown at customs inspection on concrete production (if they are for it obligatory under the Russian laws) as customs certification. The following belongs to such documents according to Russian customs regulations:

– Evidence of the state registration of the CU;

– Expert opinion of Rospotrebnadzor;

– Certificate of conformity of system of GOST R (or uniform certificate of conformity of the CU, or evidence of recognition of the certificate);

– The fire certificate on production, received in the Ministry of Emergency Situations;

– Letter of Refusal (Rospotrebnadzor or Ministry of Emergency Situations). The Letter of – Refusal for trade isn’t the customs document;

– The ozone conclusion has to be issued on production containing ozone-depleting substances;

– The veterinary certificate on meat, meat and other production of an animal origin;

– The phytosanitary certificate for phytogenesis production.

– In the country from which there is a goods delivery, it is required to issue production Certificate of origin.

 

 

 

 

 

Certification for Foreigners

Dynamics of development of the Russian business, also as well as opportunity to receive considerable norm and profit growth for short term, are the most attractive parties of an investment of investments into economy of Russia foreign businessmen. Growth of foreign investments and untwisting of the Russian business can lead to that according to forecasts of experts, will be much more difficult to enter to foreigners the Russian market in five years, than now. Development of this situation will be promoted by entry of theRussian Federationinto the WTO. But nowRussiastill is the most perspective market.

At an entry of foreign businessmen into the Russian market the questions connected with a choice of an organizational and legal form for registration of foreign business in theRussian Federation, partners, consultants for specifics of the Russian business are important. For conducting business isn’t sufficient to open office inRussiaor official representation in theRussian Federation, to find business partner inRussia, to organize deliveries to theRussian Federation. Not less important are the questions connected with a choice of a field of activity of future joint venture, and also ensuring its lawful functioning within the Russian legislation.

The entry into the Russian market is often connected with a choice of the field of activity intended for the Russian segment. Quite often foreign businessmen stop on the following types of business: food branch, the packing enterprises, the manufacturing enterprises connected with raw materials, the wood processing enterprises, the perfumery, cosmetic industry. But the organization of some kinds of activity inRussiarequires the special permission to its implementation which is called as the license. The licensing requirement equally extends both on Russian, and on foreign businessmen.

Delivery of various production and the subsequent its realization inRussiademand existence of the documents confirming that the goods meet the requirements of the Russian legislation. (The quality and safety certificates received in the country of the producer, aren’t operating inRussia). In the Russian Federation Technical regulations of theRussian Federationor the Russian standards (State standard specifications) need passing of procedure of certification and registration of the certificate of conformity. The certificate in the state system of an assessment of compliance of GOST R has other name — “the certificate Rostest”. This fact is connected with that the Rostest company the most authoritative and considerable inRussiathe independent expert in an assessment of compliance to the Russian safety requirements of production.

The importance of the certificates of conformity received on various schemes of an assessment of compliance which are resolved by the Russian legislation, variously. If the assessment of safety and quality of production on each concrete party of delivered goods is made, passing of this procedure is required separately for each sending toRussiaand at the work beginning with other Russian partner.

For the foreign producer the most optimum option is the assessment of compliance to the Russian national requirements of a batch production which will be issued during all action of the Russian certificate of conformity (for a period of 1 year till 5 years). And if the foreign businessman considers necessary to deliver toRussiathe goods through other importer, he won’t need to address repeatedly in certification body for passing of procedure of certification of production. In this case to the new importer will be to provide enough to customs authorities the certified copy of earlier received certificate. The quality certificate Rostest admits in all territory of theRussian Federation.

Specialists of the certified center “Rostest” recommend to the foreign clients to pass products certification under laws of theRussian Federationto an exit and the beginning of its deliveries to the Russian market. For different production time for carrying out an assessment of compliance can be various, after all the certificate of conformity — it is far not the only allowing document which is required for delivery of production to the territory of Russia and its lawful realization to the Russian consumers.

On the goods estimated for delivery toRussia, and in certification paperwork certification bodies inMoscowandSt. Petersburgcan render you the most qualified help in definition of the list of allowing documents. The certification center Rostest is ready to provide the real help in registration of certificates practically on any kinds of products.

GOST R – the main certification system in Russia

In Russia there are several mandatory certification and more than a hundred systems, conformity assessment on a voluntary basis, which operate on the basis of the Federal Law “On Technical Regulation”. One of the most respected national conformity assessment system is the GOST R Certification

State certification of conformity GOST demands for certain types of products required to issue a certificate of conformity GOST R or declaration of conformity for products depending on the type of goods delivered (the list of goods subject to certification is given in the Resolution of the Government of the Russian Federation № 982 of 01.12.2009). Equally, this requirement applies to both products of Russian manufacturers, and to the goods delivered from abroad.

Keep in mind that to make a declaration of goods in Russia can only Russian resident in his name. It can be as importer of the product, as well as Russia’s representative to whom the contract on the basis of delegated powers by foreign producers. Mandatory certification of food products and certification of clothing and footwear for adults, such as in Russia is needed in the form of a declaration of conformity of the goods.

A certificate for products in the GOST R is also a must for those commodities for which introduced in Russia Technical regulations (number of applicable regulations -16). For each product, the relevant rules contain security requirements permitted forms of conformity assessment procedure for obtaining a certificate or declaration of conformity to technical regulations, conformity assessment schemes permissible.

Equipment certification, certification of vehicles certified vehicles (Euro certification, including the design of Euro 4 – environmental compliance certificate), certification of fire safety, equipment certification, tobacco products, juice, milk and other products requires to confirm compliance with the requirements of relevant technical regulations and to issue a certificate on the technical regulations or conformity declaration technical regulation.

CE marking

Certification (in its broad meaning also known as conformity assessment) is a procedure through which written or equivalent assurance states that a product conforms to specified requirements. Certification eliminates skepticism and assures customers that the product performs well and is reliable.

What is CE marking?

The European CE (Conformité Européenne) mark is an indicator of product’s compliance with the EU legislation. Products which are considered to have a greater risk are independently certified by a nominated member of government that has been notified by the European Commission.

In case if the certification succeeds, the CE marking is considered as a quality mark. Manufacturers of a product may affix the CE marking onto their product by taking certain steps outlined by their requirements. Documents are made available to authorities upon request.

Registration of CE marking

The requirements for CE marking are set out in Directives and Regulations. The Member States have committed themselves to incorporating the requirements of the Directives into their national legislation, whereas Regulations directly apply. This resulted in the harmonization of all legislation for free trade throughout the European Economic Area (EEA).

The primary aim of CE marking is to facilitate free trade of products within the EU by reducing the effect of the physical borders between the Member States. A secondary, though by no means less important, aim is the harmonization across the EEA of the legal requirements for safety, health and the environment. This relates to both safety at work and protection of the public interest. That is why without CE marking goods cannot be traded freely within the EEA.

How to get CE marking?

Only after a series of laboratory tests on the product and the analysis of documents from the manufacturer CE mark approving document can be issued by notified certification centre. This procedure will confirm that the specifications of the products are not contrary to the requirements of European Directives. During the procedure of CE mark obtaining special attention is paid to the correct registration of covering notes and technical documentation. Technical documentation has to be provided in one of the languages accepted by the European Union, English is preferable.  

The CE mark on a product indicates its compliance with the requirements.

General principles of the CE marking

CE marking usually includes the following steps:

  • definition of directives or standards;
  • selection of the optimal scheme;
  • analysis of the applicant’s provided documents and other data, which is required for the registration of CE marking;
  • assessment of the manufacturing process of the certified product, if it is specified in the certification scheme;
  • tests required;
  • registration of the CE mark approving documents on the basis of all received conclusions and research results.

 

 

Customs Union State Registration Certificate

Customs Union State Registration certificate is valid throughout the Customs Union. State Registration certificate is a document, which confirms product’s safety for human health.

Customs Union State Registration Certificate

The Certificate of state registration has replaced the Certificate of the state hygienic registration (Hygienic Certificates are no longer available since the 2010). The Certificate of state registration is required for the products, which can affect the health and lives of citizens, or the environment.

The list of goods for state registration has declined significantly and State registration certificate is required for the following types of products:

  • household chemical products;
  • medical supplies;
  • cosmetics;
  • personal care items;
  • goods and food for children,
  • dietary supplements etc.

There is no voluntary option for obtaining the State Registration certificate. If you need documentary evidence of hygienic goods compliance, there is an option to order expert opinion. Presence of State Registration certificate is essential for the export of controlled goods to the territory of the Customs Union.

Certificate for goods produced in Russia

Primarily to get State Registration certificate for goods, which are made in Russia, you should contact certification centre. The following documents for application are required:

  • normative documentation;
  • manufacturer’s registration documents;
  • application;
  • contract on industrial premises or papers proving ownership.

Normative documents can be either GOST or Technical conditions. If goods are made according to GOST, the application must contain a specific standard. If goods are made according to Technical conditions, a copy of these documents should be provided.

Certification of imported goods

CU State Registration certificate can be issued for manufacturer or declarant.

To obtain a certificate for goods from foreign manufacturers, you must apply to the Certification Centre and have the following documents:

  • application for the procedure of state registration;
  • certificate of quality;
  • description of the goods.

To obtain a State Registration certificate for the declarant you must provide the following documents:

  • application for the procedure of state registration;
  • description of goods (composition, scope);
  • copies of registration documents;
  • copy of the contract.

In addition, if State Registration certificate was obtained for the declarant, the importer company has the right to certify copies of the document. If the certificate is issued to the foreign manufacturer only a notary may certify copies of document.

Term of registration of the State Registration certificate after receiving full document package usually is no longer than 21 working days, but there might be exceptions depending on a product description.

 

 

Fire safety certificate

Fire Safety Certificate – an official document confirming the fact of conformity to all requirements for her safety. In Russia, there is a specific list of goods (Federal Law number 123 of 22.iyulya 2008, Article 146), which necessarily must draw fire certificate of conformity. If the product does not appear in the list, can be issued a certificate of fire safety compliance on a voluntary basis. The procedure for obtaining voluntary instrument is virtually identical to the process of registration of mandatory fire certificate. Many manufacturers prefer to make a voluntary fire safety certificate for a competitive advantage for their products.

 Algorithm fire certification

Certification of fire safety is carried out on the territory of the Russian state in compliance with the technical regulations. To obtain such a document as a fire certificate of conformity to the certification body with accreditation in Emergency Ministry to lodge certain documents. It may consist of a different number of securities, depending on the product group. However, there are a number of mandatory documents:

Specifications for the products;
Application;
Founding and registration documents;
Technical documentation for the goods (drawings, passport, or a description of the construction unit).
May require additional proof of ownership of production space, or lease agreements for these facilities, codes statistics, details of the applicant.

 Following the filing of documents, the certification body conducting an assessment of fire safety products, performs sampling of the goods. The results of the event should be fixed in the act of sampling. Then all of the collected samples are tested in laboratories for accreditation. After research in the protocol is the basis for the issuance of the fire certificate. If the selected certification provides verification of production, and the procedure is performed. After doing all the above measures (if positive studies), the applicant will receive a certificate of fire safety compliance.

 Note of test results

The whole procedure of fire certification is quite expensive. Occupy a large share of the cost is the test samples. Depending on the complexity of the product is determined by the methods of research, and therefore the cost of the examination. During the procedure, products tested by the following characteristics:

Flammability;
flame speed;
flammability;
allocation of production of toxic substances during combustion;
oxygen consumption during combustion.
All of these characteristics and the extent of their compliance necessarily reflected in the test report. Despite the fact that such data are reflected in the fire certificate, their presence in the protocol as necessary.

When checking the fire safety of products or a single product consignment, inspection of production is required. You can do without the expertise of production, if the manufacturer issued a certificate of conformity to ISO 9001.

Term of registration of a document such as a fire certificate of compliance, depending on the product, the need to verify the production and implementation of the tests.

 

 

The usage from Rostechnadzor

Until recently, Russia had such a document as the sanitary-epidemiological conclusion (SEZ). It is the existence of such a document certifying the sanitary-epidemiological and health-related items.

Since he came into force union: This document has been canceled. Now confirmation health product safety is a certificate of registration.

After the cancellation of SEZ was revised list of goods subject to confirmation hygiene product conformity. Many kinds of products have been excluded from this list. However, many manufacturers are planning to participate in tenders and wish to confirm the safety of its products, from the position of the sanitary-epidemiological norms. The reason is that, without confirming the quality and safety of product documentation, the company is unlikely to be able to produce high-risk products transportation by rail and get a lucrative state contract.

In this case, to resolve the situation can Expert opinion Rospotrebnadzor. This document can only be obtained on a voluntary basis. Expert opinion can arrange in Rospotrebnadzor and its regional offices. The document is of unlimited duration and is active in all of the Customs Union.

 In general, the process of obtaining the opinion of the procedure is identical to the design of SEZ. It is important to note that the applicant’s role in the layout of the document may only Russian company. Even in the case where the design of the paper is on the foreign manufacturer, initiated execution of a document to be a Russian company, which will be inscribed in the expert report.

This document, as expert opinion, can be filled only once will be made all laboratory tests of samples of products, and if the results are positive. Expert opinion confirms the fact that the products meet all sanitary and epidemiological and hygienic requirements.

It is mandatory expert report Rospotrebnadzor includes the following information:

time and place of peer review;
information about the expert or expert committee conducting the examination, as well as the identity of the authority of the expert evaluation;
the basis for the peer review.
Why draw expert opinion?

 It has become quite a popular instrument expert opinion Rospotrebnadzor, despite the fact that it is made on a voluntary basis. This is due to the fact that the companies that sell their products, their preference is given to products that are available in the documentation of the safety and quality of products. The result is that expert opinion may increase the competitiveness of the organization and thus increase profits.

 

 

Certificate of Conformity

According to the laws of the Russian Federation must be confirmed that the quality of products. Basic state certification system is the GOST R Certificate of Conformity GOST R certifies that the tested product meets all the requirements.

According to Russian law, to obtain such a permit, a certificate GOST R, organizations have the right in any region of the country. Designed according to the rules of GOST R Certificate of Conformity for the whole of the Russian state.

 Mandatory certificate GOST R

 Obtaining the certificate is in the certification bodies with the proper accreditation. Registration document in the GOST R certification confirms the quality and safety of products. There is a certain range of products subject to mandatory certification clearance document. This list includes products for children, most types of process equipment, medical products and other products. Said nomenclature extends to and for domestic products and for imported goods.

 Voluntary Certificate of Conformity

 In addition to the list of products that require compulsory certification, in Russia there is the list of products subject to mandatory adoption of the declaration of conformity GOST R

 In addition to the declaration of registration, you can still make a voluntary certificate of conformity GOST R. In general, the procedure of registration certificate for voluntary registration is almost identical binding instrument. The difference there is that if the voluntary procedure the applicant can choose the parameters and characteristics of the products, and the compliance of which will be tested in the certification process.

Availability of voluntary certification can greatly increase the competitiveness of products. However, it is important to understand that this document is not a substitute for a declaration of conformity GOST R, and shall be in addition to it.

Certification schemes

 Obtaining the certificate may be on different paths:

on production of commercial products;
on consignment;
under the contract.
At registration certificate for serial production in the document must necessarily reflect the protocol number previously performed sample tests. This scheme is suitable for imported and for domestic products. Period of validity of such a document may vary then 1 to 3 years.

 Certificate of Conformity for a lot of products can be obtained without the presence of the test. But the document must indicate the date and invoice number. It is important to realize that under such a scheme, the certificate is valid only for a specific quantity of products. Issued such a certificate GOST R with an open date. Convenient to obtain such a document if the planned import test batch. Many manufacturers use the scheme in confirming that the quality of the equipment.

 Certificate of Conformity for a contract should include information on the testing of products (date and number of the minutes). Also in the document a mandatory scheme of registration, name of the recipient and the manufacturer, date and number of the contract. This form of certification is suitable in cases where imports of products is constant and is not limited to the delivery. GOST R certificate issued under this scheme is valid for 1 year. Accordingly, in this period of time the applicant company to import goods listed in the contract without restriction.

Algorithm procedure to obtain a certificate

 The procedure for obtaining a certificate in several steps:

definition of the certification document to be plotted;
-test activities and receiving protocol;
filing the necessary documents to the CA;
direct certification by the applicant.
Documents required for registration of the certificate

 On a commercially produced imported products:

a document certifying the quality of production;
product description (appearance, scope of use, characteristics);
claim.
On mass-produced domestic products:

registration documents;
articles of association (the first 3 pages);
proof of ownership of production facilities or lease;
normative-technical documentation for the product (GOST or TU);
application;
description of the product.
Supplied under contract to imported products:

registration documents;
description of the product;
Articles of Association (the first 3 pages);
application;
contract (copy).

 

 

What for is it required to certify import production?

At the Russian customs

Production which the Russian Federation in the territory is subject to obligatory certification on the basis of the Russian legislation and decisions of the commission of the Customs Union, demands existence of certificates of conformity of production, declarations on conformity or letters of refusal or other obligatory allowing documents when crossing by freight of border of Russia or the Customs Union.

Till 01.01.2010, i.e. prior to action in theterritoryofRussiaof the legislation of the Customs Union on import goods which certifications in obligatory system of GOST R aren’t subject, it was required to prepare the document “letters of refusal of VNIIS”.

The refusal letters for customs can be demanded now on some types of production for confirmation of the following facts:

– production isn’t the object regulated by technical regulations of requirements of fire safety of theRussian Federation— the negative letter fire (it is made out in Emercom of Russia);

– goods aren’t subject to customs sanitary and epidemiologic supervision when crossing border, respectively on them registration of the expert opinion on production or Certificates on the state registration of goods of the CU (it can be received in Rospotrebnadzor) isn’t required.

At the turn of goods in the territory of the Russian Federation

Wholesale and retail of goods which are subject to an obligatory assessment of compliance in the territory of the Russian Federation, demands existence of certificates and declarations on the Russian and foreign production: allowing documents have to be submitted on request of supervising and supervisory authorities, including inspection checks of bodies of an assessment of compliance according to separate schemes of certification; copies of documents have to be presented according to requirements of buyers as the documents confirming safety and quality of production.

Certificates on production can be demanded at registration of other allowing documents on the goods put from abroad.

Voluntary certification of production significantly increases trust of the Russian buyers to the presented goods, so is a marketing step on a way of increase of competitive capacity of production.

To understand the Russian system of an assessment of compliance, to issue any kinds of certified documents for export and legal sale of goods toRussiato you will help with the certification centers Rostest.

 

 

Таможенный Союз: изменения в системе сертификации

С 1 июля 2010 года законодательство Таможенного Союза (ТС) стран Белоруссии, Казахстана и России снесло существенные изменения в систему сертификации продукции, ввозимой в РФ и выпускаемой для реализации на ее территории.

Список продукции, требующей сертификации на основе законодательства ТС, подлежащей санитарно-эпидемиологическому надзору на границе, содержит Решение комиссии ТС № 299 от 28.05.2010 г. В соответствии с ними на виды товаров, которые могут нанести серьезный вред здоровью потребителей при несоответствии показателей безопасности и низком их качестве, требуется оформить Свидетельство о государственной регистрации Роспотребнадзора. На значительный перечень продукции необходимо получить Экспертное заключение о соответствии санитарным требованиям ТС, там же — в Роспотребнадзоре.

Комиссия ТС ввела в обращение единый сертификат соответствия для стран Союза. Перечень продукции, которая подлежит оценке соответствия требованиям законодательства ТС, установлен Решением комиссии № 319 от 18.06.2010г. В настоящее время сертификаты соответствия на продукцию ТС и декларации о соответствии ТС можно заменить аналогичными действующими в странах Союза национальными разрешительными документами.