A Certificate of Conformity ( “CoC”) or a Declaration of Conformity (“DoC”) are normally required by Customs to verify the safety of products imported into Russia. A verification of the validity of CoCs and DoCs takes place with reference to the unified register (on the website of the Federal Accreditation Agency) before the release of goods.
The laws adopted in November and December 2020 may create situations when importers will not be able to present a valid CoC in 2021.
CoCs issued in 2021 will be valid if they have been assigned a registration number in the unified register of CoCs (the “Register”). The registration number shall be assigned if the following documents were duly submitted in the Register:
- customs declaration confirming the import of samples;
- sample collection report;
- product quality testing report, etc.
Starting on 1 January 2021, according to Decree of the Russian Government No. 1856 “On procedure for the creation and maintenance of a unified register of conformity certificates, provision of the information contained in this register and the payment for the provision of such information”, all these documents (“Evidence”) must be entered in the Register in electronic form.
On 23-th of December the President of Russian Federation signed the amendments to the Federal Law “On technical regulation”, which entitles the Federal Accreditation Service to invalidate the CoCs and DoCs. The current CoCs and DoCs may be declared invalid in the event that the product quality testing was performed by a laboratory without accreditation, or if the applicant cannot confirm the importing the samples with the Evidence. The procedure for the invalidation of CoCs and DoCs will be determined by the Russian government in 2021.
The Federal Accreditation Agency has already removed a large number of certification bodies and testing laboratories (Decree of the Russian Government No. 1236 of 21 September 2019) from the EAEU register of certification bodies. 182 organisations (84 certification bodies and 98 testing laboratories) were excluded from in total 680.
In view of the above, we recommend that businesses:
- run a check whether the certification bodies and testing laboratories that participated in the issuance of CoCs and DoCs for their products are duly accredited.
- review the rules for obtaining the registration number and submission of Documents. Notably, EAEU Technical Regulations require that Documents be kept for 10 years from the date of registration of CoCs or DoCs.