Amendments made to the accreditation law

The President of the Russian Federation signed Federal Law No. 262-FZ of July 29, 2018 “On Amendments to the Federal Law “On Accreditation in the National Accreditation System” and certain legislative acts of the Russian Federation with regards to improving the accreditation procedure.” The federal law was developed by the Ministry of Economic Development of Russia with the assistance of RusAccreditation and active participation of the business community and the largest business associations.

The document amends the federal laws “On Accreditation in the National Accreditation System”, “On Advertising”, and the Code of the Russian Federation on Administrative Offenses.

The federal law simplifies certain administrative procedures for bona fide accredited individuals, which will reduce their expenses (due to abandoning a paper accreditation certificate; a number of interaction processes between RusAccreditation and accredited individuals will be transferred into electronic format; and the procedure for updating the scope of accreditation will come into effect). The new regulation broadens and clarifies powers and authority of RusAccreditation. In particular, it establishes its right to form technical commissions, technical groups for making decisions on accreditation of an applicant or refusal to accredit. It will also have the right to approve the rules for business and professional ethics of accreditation experts, and accept accreditation manuals, mandatory for compliance by applicants and accredited persons in order to ensure that they meet the accreditation criteria.

The law also introduced provisions that establish the specifics of accreditation by a national accreditation agency in certain areas of activity. In particular, it establishes the procedure for the accreditation of entities that carry out activities on voluntary compliance confirmation.

The law also introduces new instruments to deal with unconscientious accredited individuals, allowing to remove from the compliance confirmation market those participants who issue conformity assessment documents without conducting necessary research and whose activities significantly reduce the market value of services and lead to unprofitability of those who comply with all requirements.

The law develops the current provisions regarding the use by RusAccreditation of a risk-based approach within the framework of federal state control over the activities of accredited individuals.

The amendment to the Federal Law “On Advertising” stipulates that advertising of conformity assessment services cannot be carried out by individuals without the accreditation in the national accreditation system, as well as by accredited individuals without specifying the unique accreditation record in the register accredited persons.

A number of provisions of the Federal Law are aimed to support the export of Russian products by reducing the expenses for obtaining certificates and carrying out tests abroad. In particular, it will be possible to implement bilateral accreditation programs.