Mandatory Certification vs. Declaration of Conformity: Russian Legal Update
On September 3, 2008, State Duma of the Russian Federation approved in the first reading the draft of the law "On modifications of some legal acts of the Russian Federation in connection with the possibility of replacing mandatory certification by declaration of conformity". What should business community await from this law coming into force?
Certainly, the fact that according to this draft business would be granted with the right to choose preferred form of conformity verification (whether to carry out product certification or to opt for product declaration) is a significant step forward in the framework of technical regulation reform in Russia.
Declaration, i.e. conformity verification on the basis of own proofs or with participation of a third party, can appear in many cases a less expensive form versus obligatory certification. However, if it is a question of imported products, then advantages of declaring are not so obvious. Unlike certification, declaring is possible only from the side of Russian legal entities. Thus, exporter can use declaration form only when it has a registered representation in Russia.
Declaration of conformity for import products can by carried out by a Russian importer, but as a result he actually takes on responsibility for quality of sold products without being its manufacturer, thus putting himself at certain risk. In this connection, as soon as the law is enforced we may anticipate only partial replacement of obligatory certification by declaration of conformity.
There is one more important characteristic of the given draft. The current Russian legislation stipulates that rules and procedures of obligatory certification are established by various federal executive authorities in the form of unlimited number of decisions and orders. Instead, the present law offers to establish the order of obligatory conformity verification exclusively by federal law. Consequently, the risk of unexpected and unreasonable amendments to certain procedures, of drafting addendums to the list of documents required for certification, etc would be minimized. In other words, we may hope that technical regulation framework in Russia grows more democratic and predictable.
Mr. Vladimir Ovcharov
Head of Product Certification and Industrial Expertise
t: +7 (495) 775 44 55
The SGS Group is the global leader and innovator in inspection, verification, testing and certification services. Founded in 1878, SGS is recognized as the global benchmark in quality and integrity. With more than 53,000 employees, SGS operates a network of over 1,000 offices and laboratories around the world.