Decree of the Government of the Russian Federation No. 353 dated 03/12/2022

About the peculiarities of licensing activities in the Russian Federation

ПРИЛОЖЕНИЕ № 18 к постановлению правительства РФ № 353 от 12.03.2022г.

Features of conformity assessment of products put into circulation in the territory of the Russian Federation (including depending on the country of origin of such products) to the requirements of technical regulations, mandatory requirements established before the date of entry into force of technical regulations, with respect to the procedure (schemes, procedures) for conformity assessment in the form of registration (state registration), testing, mandatory confirmation conformity assessment (certification or declaration of conformity), examination and (or) in another form, the validity period of documents confirming compliance and their extension, as well as the specifics of the import into the Russian Federation of products subject to mandatory conformity assessment, including product samples required for conformity assessment procedures.

  1. This document applies to the procedures for assessing the conformity of products with the requirements established by technical regulations and (or) mandatory requirements to be applied before the date of entry into force of technical regulations in accordance with the Federal Law "On Technical Regulation" (hereinafter - mandatory requirements), when it is put into circulation and circulation in the territory of the Russian Federation, taking into account the time limit modes.
  2. To establish that in the event of the scheduled periodic evaluation (inspection control) of certified products released into circulation in the territory of the Russian Federation in 2022, its implementation can be carried out by analyzing the state of production, including using remote evaluation methods using remote interaction (audio and video conferencing), and (or) studies (tests) and measurements of samples (samples) of products.
    The certification body may decide to postpone the periodic assessment (inspection control), which is due in 2022, for up to 6 months.
  3. To establish that the validity period of documents on the assessment of compliance with mandatory requirements, expiring from the date of entry into force of Decree of the Government of the Russian Federation No. 353 dated 03/12/2022 "On the specifics of licensing activities in the Russian Federation in 2022" until 09/01/2022, is extended by 12 months.
    Production and (or) release into circulation on the territory of the Russian Federation of products for which the specified conformity assessment documents have been issued (accepted) are allowed until the expiration of such documents, taking into account its extension, without the need for a re-conformity assessment and periodic evaluation of certified products (inspection control).
  4. To establish that the import into the territory of the Russian Federation of products subject to mandatory assessment of compliance with mandatory requirements is carried out taking into account the following features:
    • a) it is allowed not to submit to the customs authorities documents on the assessment of compliance with mandatory requirements (information on such documents) in respect of products that are:
      •  spare parts that are imported for maintenance and (or) repair of finished products previously put into circulation in the territory of the Russian Federation. In this case, spare parts may be parts, as well as assemblies and (or) blocks of finished products intended for replacement (repair) of those in operation (worn out, defective, failed) the same parts, assemblies and (or) blocks in order to maintain or restore the working condition of the product without the purpose of their distribution on the territory of the Russian Federation in the course of commercial activity (except for the transfer on a gratuitous or reimbursable basis to organizations or individuals registered in accordance with the established procedure as individual entrepreneurs engaged in maintenance and (or) repair of finished products products); 
      •  components, components, raw materials and (or) materials for the production (manufacture) of products in the territory of the Russian Federation; 
      •  in single copies in the amount provided for by one foreign trade agreement exclusively for the declarant's own use (including for research or representative purposes, excluding its distribution in the Russian Federation in the course of commercial activity on a gratuitous or reimbursable basis); 
    • b) confirmation of compliance with technical regulation measures when importing products subject to assessment of compliance with mandatory requirements is carried out by submitting information to the customs authorities on documents on assessment of compliance with mandatory requirements without the need to submit originals of such documents tocustoms authorities.
    • c) when importing products for which certificates of conformity and (or) declarations of compliance with mandatory requirements for mass-produced products have been issued (registered), the customs authorities do not need confirmation by the declarant of the right to use such documents. when importing products for which certificates of conformity and (or) declarations of compliance with mandatory requirements for mass-produced products have been issued (registered), the customs authorities do not need confirmation by the declarant of the right to use such documents.(item "b" was introduced by Decree of the Government of the Russian Federation No. 1249 dated 07/13/2022). 
  5. To establish that until 03/01/2024, it is allowed to import into the territory of the Russian Federation products intended for circulation exclusively on the territory of the Russian Federation, without labeling provided for by mandatory requirements, including labeling with a single product circulation mark on the marketThe EAEU, a sign of circulation on the market, provided for by the Federal Law "On Technical Regulation".
    Specified markingit must be applied to products imported into the territory of the Russian Federation in accordance with this paragraph, before the sale of such products to the consumer (user). (ed. Resolutions of the Government of the Russian Federation No. 430 dated 03/20/2023, No. 1133 dated 07/10/2023)
  6. To establish that in order to put into circulation (including import) on the territory of the Russian Federation products subject to assessment of compliance with mandatory requirements in the form of certification or declaration of conformity on the basis of evidence obtained with the participation of an accredited testing laboratory (center), from 03/21/2022 to 09/01/2024, it is allowed to conduct an assessment of compliance with these mandatory requirements in the form of declaration compliance on the basis of the applicant's own evidence, taking into account the following features (as amended. Resolutions of the Government of the Russian Federation No. 1522 of 08/31/2022, No. 1133 of 07/10/2023):
    • a) the declaration of conformity provided for in this paragraph is applied to a batch of products or a single product;
    • b) applicants for the declaration of conformity are a legal entity registered in accordance with the established procedure on the territory of the Russian Federation or an individual who is an individual entrepreneur;
    • c) the set of documents and information that served as the basis for the adoption of the declaration of conformity includes:
      • a copy of the contract (delivery agreement) and shipping documents identifying the batch of products or a single product;
      • a copy of the operational documents (if available);
      • description of the technical solutions adopted and the results of the risk assessment confirming the fulfillment of mandatory requirements;
      • a list of standards indicating their designations and names, as well as sections (paragraphs, sub-paragraphs) (if they are used in the production of products);
      • other documents at the applicant's choice, which served as the basis for the adoption of the declaration of conformity, which may include certificates of conformity (other documents confirming the conformity of products) obtained within the framework of conformity assessment systems of third countries, and (or) protocols of studies (tests) and measurements of samples (samples) of products, conducted in testing laboratories of third countries;
    • d) documents and information that served as the basis for the adoption of the declaration of conformity, drawn up in a foreign language, are accompanied by a translation into Russian (with the exception of appendices to the protocols of research (tests) and measurements);
    • e) declaration of conformityproducts to the requirements of the documents that served as the basis for the adoption of the declaration of conformity, issued in accordance with this paragraph, is subject to registration by the applicant in the federal state information system in the field of accreditation;
    • f) the validity period of the declaration of conformity issued in accordance with this paragraph is 6 months from the date of registration in the federal state information system in the field of accreditation;
    • g) products put into circulation and traded on the territory of the Russian Federation, in respect of which a declaration of conformity provided for in this paragraph has been issued, are not marked with a single product circulation mark on the EAEU market;
    • h) in order to ensure the possibility of circulation of products for which the declaration of conformity provided for in this paragraph has been issued on the territory of other EAEU member States, conformity assessment procedures provided for by the EAEU technical regulations, the requirements of which the specified products must meet, must be carried out in respect of such products, as well as labeling of such products with a single sign product circulation in the EAEU market;
    • and)  confirmation of compliance with technical regulation measures in respect of imported (imported) products for which the declaration of conformity provided for in this paragraph has been issued is carried out by submitting to the customs authorities information on the registration number of the specified declaration assigned in the federal state information system in the field of accreditation. Submission to the customs authorities of the specified declaration of conformity, documents and information that served as the basis for the adoption of the declaration of conformity, as well as documents confirming the declarant's right to use the declaration of conformity to confirm compliance with technical regulation measures in respect of imported (imported) products is not required. 
    • j) before the expiration of the declaration of conformity issued in accordance with this paragraph, information about which is subject to posting on the official website of the national accreditation body on the Internet information and telecommunications network (hereinafter referred to as the Internet) in accordance with paragraph 1 of Part 3 of Article 25 of the Federal Law "On Accreditation in the national accreditation system", the applicant must confirm the conformity of the products for which such a declaration has been issued in the form of certification or declaration of conformity to the requirements of the technical regulations of the Eurasian Economic Union or in accordance with paragraph 3 of Article 46 of the Federal Law "On Technical Regulation". (paragraph "k" was introduced by Decree of the Government of the Russian Federation No. 1133 dated 07/10/2023)
  7. To establish that the list of products indicating the codes of the unified Commodity nomenclature of foreign Economic activity of the EAEU, in respect of which the provisions of paragraph 6 of this document do not apply, is approved by the Ministry of Industry and Trade of the Russian Federation.
    Registration of the declaration of conformity provided for in paragraph 6 of this document in respect of products included in the specified list is not allowed from the date of entry into force of the relevant order of the Ministry of Industry and Trade of the Russian Federation.
    The release into circulation (including import) on the territory of the Russian Federation of products for which the declaration of conformity provided for in paragraph 6 of this document has been issued, before the entry into force of the order of the Ministry of Industry and Trade of the Russian Federation providing for the inclusion of such products in the list of products for which the provisions of paragraph 6 of this document do not apply, is allowed until expiration of the specified declaration of conformity.
  8. To establish that for the purposes of certification or declaration of conformity on the basis of evidence obtained with the participation of an accredited testing laboratory (center), sampling (samples) of products for research (testing) and measurements can be carried out from a batch of products imported into the territory of the Russian Federation in accordance with the declaration of conformity issued on the basis of paragraph 6 of this document.
  9. To establish that until 01.03.2023, the indication in certificates of conformity or declarations of conformity of the information provided for in subparagraph "i" of paragraph 17 and subparagraph "g" of paragraph 171 of the Regulations on the formation and Maintenance of the register of issued certificates of conformity and registered declarations of Conformity approved by the Decree of the Government of the Russian Federation dated 18.11.2020 No. 1856 "On the procedure for the formation and maintenance register of issued certificates of conformity and registered declarations of conformity", in part of the global location numberGLN(Global Location Number), another individual identifier that allows automatic identification of the address (addresses) of the place (places) of the manufacturing activity or geographical (geocentric) coordinates (latitude, longitude) of the place (places) of the manufacturing activity determined by the signals of the global navigation satellite system GLONASS, is carried out at the applicant's choice if there is such an opportunity.
  10. To establish that from the date of entry into force of the Decree of the Government of the Russian Federation of 12.03.2022 No. 353 "On the specifics of licensing activities in the Russian Federation in 2022" until 01.09.2022. Rules for the adoption by the national accreditation body of a decision on invalidation of documents Issued by Accredited Testing Laboratories as a result of Their Activities, approved by the Decree of the Government of the Russian Federation dated 06/19/2021 No. 934 "On Approval of the Rules for the Adoption by the national accreditation body of a Decision on Invalidation of documents issued by Accredited Testing Laboratories as a result of their activities", as well as the Rules for Registration, suspension, renewal and termination of declarations of conformity, their invalidation in the part concerning the procedure for suspension, renewal and termination of declarations of conformity, their invalidation, and the Rules for suspension, renewal and Termination of certificates of conformity, their invalidation, approved by the Decree of the Government of the Russian Federation dated 06/19/2021 No. 936 "On the procedure for registration, suspension, renewal and termination of declarations of conformity, their invalidation and the procedure for suspension, renewal and termination of certificates of conformity, their invalidation", do not apply.
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