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RUSSIAN LAWS

 

IMPORTANT NOTE: on June 1, 2003 a new law, titled "Technical Regulation Law," has gone into effect in the Russian Federation. Since the articles of this new Law do not cancel/remove necessary and voluntary certification of products and overall remain practically the same, we have left excerpts from the old Law on our website, which are still valid. The full text of the "Technical Regulation Law" will be put up soon.

Excerpt from "Law Regarding Certification of Products and Services" of the Russian Federation

10 June 1993

# 5151 - 1

RUSSIAN FEDERATION

LAW REGARDING CERTIFICATION OF PRODUCTS AND SERVICES
(from Federal law revision dated 12/27/95 # 211-ФЗ)

[Articles 1-13 omitted]

Article 14. Conditions regarding the entering of imported products [into the Russian Federation].

1. In the terms of contracts (agreements), concluded for [the purpose of] delivery into the Russian Federation of goods, subject to necessary certification in accordance to the acts of the legislation of the Russian Federation, there must be a [stipulation] demanding the presence of a certificate and a symbol of conformity, proving the goods' compliance with the set requirements. The aforementioned certificates and symbols of conformity must be issued and recognized by an organ of the Russian Federation authorized for such [task].

2. Certificates, or evidence of their [existence], are to be presented to the customs organs along with the cargo customs declaration and are documentation that is absolutely necessary for receiving permission to enter the goods into the territory of the Russian Federation.

3. The procedure for entering goods subject to necessary certification into the territory of the Russian Federation is set by the Government customs committee of the Russian Federation and by Gosstandart of Russia in accordance to the legislative acts of the Russian Federation.

Article 15. Government control and supervision of the observance of rules for necessary certification and of certified goods.

1. Government control and supervision of the observance by manufacturers (sellers, users), testing laboratories (centers), [and] organs of certification of rules for necessary certification and of certified goods is performed by Gosstandart of Russia, that is by specially authorized government regulation organs of the Russian Federation within the limitations of their jurisdiction.

2. Direct government control and supervision of the observance of rules for necessary certification and of certified goods is conducted by responsible persons, performing government control and supervision of the observance of necessary requirements of government standards. The aforementioned persons perform government control and supervision of the observance of rules for certification and of certified goods following procedure and terms set by the Law of the Russian Federation [titled] "Regarding standardization."

[Articles 16-19 omitted]

Section IV

RESPONSIBILITY FOR THE BREAKING OF STIPULATIONS OF CURRENT LAW.

Article 20. Criminal, administrative, or compensatory sanctions.

Physical persons and artificial bodies [organizations, companies, etc.], as well as organs of government control, that are guilty of breaking the rules for necessary certification, will be charged, in accordance with active legislation, with criminal, administrative, or compensatory sanctions.

President of the Russian Federation
B. Yeltsin

Moscow
10 June 1993. # 5151-1

Excerpt from the Gosstandart of Russia website concerning mandatory certification

CERTIFICATION

Gosstandart of Russia - National Certification Body of the Russian Federation

The Law of the Russian Federation "On Certification of Products and Services" (Art. 4) charges Gosstandart of Russia with the development and implementation of the State policy in the field of standardization

Gosstandart of Russia is responsible for:

  • establishment of the general rules and recommendations for certification of products, services (works) and systems of quality and production harmonized with international norms and rules;
  • carrying out the State registration of the mandatory and voluntary certification systems and of the conformity marks;
  • preparing the nomenclature of the mandatory certification objects indicating the normative documents for conformity with which the certification is to be conducted (this work is done on the basis of the list of the goods subject to mandatory certification established by the Government of Russia);
  • control over the observation of the certification rules and the certified products and informing the specialists, economic subjects and the public on the certification results.

Excerpts from the Russian Government Resolution regarding GOSGORTEKHNADZOR

TAKE CARE! NEW RULES WERE ISSUED ON OCTOBER 2004 DUE TO REFORMING OF GOSGORTECHNADZOR INTO ROSTECHNADZOR

RESOLUTION REGARDING THE FEDERAL MINING AND INDUSTRIAL INSPECTORATE (SAFETY REGULATION AGENCY) OF RUSSIA

Approved on February 18, 1993 by Order #234 of the President of the Russian Federation.

1. The Federal Mining and Industrial Inspectorate of Russia (GOSGORTEKHNADZOR Russia) is the central organ of federal executive power, performing normative government regulation [concerning] questions of of providing industrial safety on the territory of the Russian Federation, as well as special decision-making, supervision and control functions.

[section omitted]

2. The prime concerns of GOSGORTEKHNADZOR Russia consist of organization and performance, on the territory of the Russian Federation, of government regulation of industrial safety and government supervision of the observance by central organs of federal executive power, companies, joint ventures and organizations, regardless of their type or structure, or responsible persons or citizens of requirements for safe work conduct in the industry, design/construction and safe use of equipment.

[section omitted]

3. GOSGORTEKHNADZOR Russia performs government regulation and supervision [in order to] maintain work safety in coal, ore and other mining, metallurgical, oil and gas extraction, oil and gas refining, defense (production of harmful chemical, flammable substances and materials) industries, in chemical and petrochemical industries of higher levels of danger, on grain processing and storage concerns, in development of underground transportation and hydrotechnical construction, geological, survey, and other mining jobs.

[section omitted]

6. GOSGORTEKHNADZOR Russia, in accordance with concerns placed upon it, performs the following functions:

  • performing supervision of observance of safety regulations in industries, facilities, and tasks/jobs under [its] jurisdiction;
  • performing control of conformance to rules, norms, and standards of: equipment for chemical, petrochemical, oil and gas extraction, gas refining, and other potentially dangerous industries under [its] jurisdiction, and geological and survey equipment, mining equipment and explosion-proof electrotechnical items of facilities under [its] jurisdiction, to which higher safety requirements apply;
  • controlling observance of safety requirements for manufacturing, installation, repair and use of steam generators and vessels, working under pressure greater than 0,07 MPa (0,7 kgf/sq. cm), water-heating vessels with heating temperatures greater than 115 °C, pipelines for steam and hot water, load-lifting cranes, work-over rigs (derricks), lifts (except for small cargo lifts), escalators, funiculars, passenger-carrying and cargo-carrying cable-ways.

On the basis of the Russian Federation's Law Regarding Certification of Products and Services, the Ministry of Health of the Russian Federation has issued an Order demanding certification/approval of products and equipment dealing with various tasks demanding sanitary control. The following is an excerpt from the Order attesting to the necessity of obtaining Expert Sanitary-Epidemiological Approvals for certain products.

Excerpt from Ministry of Health of the Russian Federation Order # 217 "On Expert Sanitary-Epidemiological Assessment of the Manufacture, Delivery and Distribution of Products and Commodities," Paragraph 2, from July 20, 1998, including changes from September 02, 1999 and January 01, 2001:

"It shall be determined that:

An expert sanitary-epidemiological approval shall be issued by the Department of State Sanitary and Epidemiological Supervision of the Ministry of Health of the Russian Federation, centers of state sanitary and epidemiological supervision in the subjects of the Russian Federation, regional centers of state sanitary and epidemiological supervision in transport, the Federal Center for sanitary and epidemiological supervision of the Federal Agency for Medical, Biological and Extreme Problems under the Ministry of Health of the Russian Federation, authorizing manufacture, delivery and distribution of products and commodities in accordance with the Regulations on Sanitary Assessment of Products, Commodities as well as Manufacturers (Annex 1) and the List of Products and Commodities Subject to Expert Sanitary-Epidemiological Assessment (Annex 2)...."

The following is taken from Annex 2 of the aforementioned Order #217 and shows the types of products that need to be certified/approved.

TAKE CARE ! NEW ITEMS ARE SUBJECT OF EPIDEMIOLOGICAL ASSESSMENT FORM JANUARY 2005 - THE FOLLOWING LIST IS NOT COMPLETE

Annex 2 of Order # 217 of the Ministry of Health of the Russian Federation:

List of Types of Products and Commodities Subject to Expert Sanitary-Epidemiological Assessment

  1. Alimentary raw materials, foodstuffs, food additives, biologically active additives, preservatives; materials and their derivatives contacting foodstuffs.
  2. Products for children: games and toys, clothes (including bed linen), footwear, teaching aids, stationery, furniture, baby carriages, knapsacks, artificial polymer and synthetic materials used in the manufacturing of products for children.
  3. Materials, equipment and substances used in commercial and potable water supply practices.
  4. Perfumes, cosmetics, mouth care agents.
  5. Chemical and petrochemical products for industrial use, household chemicals.
  6. Polymer and synthetic materials intended for use in construction, transport and manufacture of furniture and other home-use articles; chemical threads and fibers, textile, sewed and knitted materials containing chemical fibers and textile auxiliary materials; artificial and synthetic leather and textile materials for footwear.
  7. Products of mechanical engineering and instrument-making of industrial, medicinal and home use designation.
  8. Printed products.
  9. Products derived form natural raw materials treated (painting, impregnation, ionizing radiation etc.) in the course of production.
  10. Materials for products in contact with human skin.
  11. Products and articles constituting a source of ionizing radiation, including generating radiation, as well as products and commodities containing radioactive substances.
  12. Building stock and materials in which the content of radioactive substances is restricted by hygienic standards, including industrial waste intended for recycling and use in business, as well as metal scrap.
  13. Mobile vehicles and products of transport designation.

The Government of the Russian Federation has approved a Resolution regarding Government supervision and control in the field of safety and quality control of consumable products. In accordance with the Resolution, Decree #987 was signed by the Deputy of the Prime Minister of the Government of the Russian Federation, Mr. M. M. Kasianov.

EXCERPT FROM DECREE #987 REGARDING GOVERNMENT SUPERVISION AND CONTROL IN THE FIELD OF SAFETY AND QUALITY CONTROL OF CONSUMABLE PRODUCTS

In accordance with the Decree, government supervision and control in the field of safety and quality control of consumable products will be conducted by:

  • organs and establishments of the Government Sanitary/Epidemiological Service of the Russian Federation;
  • Government Standardization and Metrology Committee of the Russian Federation and its territorial organs;
  • Government Bread Inspectorate under the Government of the Russian Federation and its territorial organs;
  • Government Commerce, Product Quality, and Consumer Rights Protection Inspectorate of the Russian Federation and [the Inspectorate's] territorial organs.

The approved Resolution establishes the procedure for providing government supervision and control over materials and items coming in contact with consumable goods and used for preparation, packing, storage, transportation, and sale of consumable goods, fragrance and cosmetic products, substances and items used for oral hygienics and tobacco products, methods of their preparation, circulation, and consumption (use).

Excerpts from the Resolution regarding the Government Sanitation/Epidemiological Service of the Russian Federation and Resolution regarding sanitation/epidemiological regulation.

The Government Sanitation/Epidemiological Service of the Russian Federation has been created in order to provide sanitation/epidemiological well-being in the Russian Federation and is a single centralized federal system of organs and establishments providing sanitation/epidemiological supervision/control.

The Ministry of Health of the Russian Federation (a department for Government sanitation/epidemiological supervision), [as well as] structural subdivisions of federal organs with executive power and other organs of the Government in [their] service, and centers of Government sanitation/epidemiological supervision, in addition to [afore]mentioned functions, [also]:

  1. provide Government sanitation/epidemiological supervision;
  2. provide, according to the legislation of the Russian Federation, Government registration of potentially dangerous to humans chemical and biological substances, distinct types of products, radioactive substances, manufacturing and consumer waste products, as well as distinct types of products being brought into the territory of the Russian Federation for the first time.

According to the Resolution, there are federal sanitation rules in effect on the territory of the Russian Federation. Government sanitation/epidemiological rules set general requirements for:

  • consumable goods, food additives, raw food materials, as well as materials and items that come in contact with them, as well as production technology;
  • products being brought into the territory of the Russian Federation;
  • objects [dealing with or coming in contact with] water;
  • potable water and equipment for providing potable water to the population.

 rmrs

 

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