Expert Conclusion of the Rospotrebnadzor

The Expert Conclusion is not the direct analog of the SEC.

SEC

Earlier, until 1st July 2010, the mandatory sanitary-epidemiologic conclusion (SEC) or hygienic certificate for realization both Russian and foreign goods were required for the most part of production on the Russian market. All the children’s goods, all the production that we eat, drink or wear, or all that we use in our everyday life underwent the mandatory evaluation of conformity to SNiPs or SanPins.

Creation of the CU

After the moment that the legislation of the Customs Union went into force, for some groups of goods that may do the most significant harm with their unquality, it became necessary to prove the conformity with the help of the unified requirements of the CU by means of drawing up of the Certificate of State Registration of the CU.

In the same document, that states the list of such production (Decision of the CU Commission 299 of 28th May 2010) in the first part there is a list of the goods for which by crossing the border of the RF (CU) there can be the necessity of sanitary-epidemiologic control. In this case for this kind of production we’ll need the hygienic certificate – the Expert Conclusion of the Rospotrebnadzor.

Difference between Conclusion and the SEC

The Expert Conclusion of the Rospotrebnadzor unlike the SEC appears to be the voluntary document. As the situation of the sanitary control may occur or may not occur. The reason why the customs services may require sanitary documents and going through hygienic control of the load may be as follows:

Injured cartridge, conveyer or other kind of package in which transportation of the load is performed; Mismatch between documents and loads detected; There is information about breaking that is connected with given delivery, about mismatch between the documents and the contents of the transport units and in some other cases.

How to draw up

It is possible to draw up the Expert Conclusion of the Rospotrebnadzor only for the Russian legal entity or an individual entrepreneur. His requisites will be listed in the document. If the document is drawn up for the foreign manufacturer, so in the Expert Conclusion as an initiator only Russian resident must be listed.

The Expert Conclusion of the Rospotrebnadzor is not mandatory by drawing up the certificate or declaration of conformity within the system of GOST R. But may always be drawn up in the case when for the goods is required the document that proves it’s hygienic, sanitary and epidemiologic safety.

This document is drawn up in the Federal Service for Control in the Sphere of Consumers’ Rights as well as in the territorial services of Rospotrebnadzor.

While the SEC had its maximum term 5 years, the Expert Conclusion is issued with the open date, i.e. it is endless. The blank on which the new hygienic certificate is drawn up is altered, it is of red color and has the protective hologram.

The expert Conclusion of the Rospotrebnadzor is required not only for imported loads by crossing the border of the CU (RF), but also for the goods of the RF manufactured, when they firstly start entering on the national market and the group of such kind of production is included in the first part of the CU Goods List. For the Russian production that is listed in the second part of the document it is necessary to go through the procedure of state registration and to receive the Certificate of State Registration of the CU.

The quantity of articles of production for which the Expert Conclusion of the Rospotrebnadzor or the Certificate of State Registration of the CU may be required is times less than the quantity of the kinds of goods for which the proof of the sanitary cleanness of the production in the form of the sanitary-epidemiologic conclusion was required.

The Expert Conclusion of the Rospotrebnadzor may be drawn up practically for any kind of production excepting the kinds that are included into the second part of the above mentioned list because the Certificate of the CU is required for them. And although both kinds of the documents are the documents proving the sanitary cleanness of the goods and drawn up in the same state service, but the Expert Conclusion cannot exchange the Certificate of State Registration of the CU if the latter appear to be the mandatory document.

If the production is not included in both part of the List of goods that must undergo the procedure of the control of the CU, in some cases it can also require the sanitary-hygienic certificate. The cases are as follows:

Customs services and deliverers relate the goods to different groups, so occurs controversies of necessity and unnecessary of drawing up the sanitary document; Previously the production required the mandatory proof of sanitary safety, and according to the legislation of the CU it does not require mandatory sanitary control, but according to the old documents the customs inspector requires the hygienic certificate; For increasing the competitiveness of the goods on the Russian market and attracting attention of customers by means of safety of production and proving its sanitary cleanness.

In such cases it is necessary to draw up the Expert Conclusion of the Rospotrebnadzor. The Expert Conclusion has its powers not only on the territory of Russia but on the territory of the whole Customs Union. In order to draw up the hygienic certificate, besides the great deal of documents which depend on the group of goods, it is necessary to present samples of the prediction in the quantity which is sufficient for laboratory tests. Only the Protocol of Measurements performed by the laboratory authorized in the listed sphere and included into the List of testing laboratories allowed by the Customs Union to perform such kinds of operations appear to be valid for evaluation conformity.

One document of the Expert Conclusion of the Rospotrebnadzor is drawn for one group of production. It may include several items, articles and marks. In order to unite the production into one Expert Conclusion it is necessary to meet the main condition – all the goods must have similar consistence, sphere of application, and the unified sanitary-epidemiologic requirements and criteria of evaluation of conformity of the production to the sanitary requirements of the CU.

The Expert Conclusion of the Rospotrebnadzor may be issued one for several branches of a manufacturer of the certified production (in the case of necessity).

The sanitary-epidemiologic conclusion of conformity of production to the sanitary requirements of the RF, drawn up before 1st July 2012, appears to be valid till the end of 2011. But their power covers only the territory of Russia while the Expert Conclusion of the Rospotrebnadzor covers the three countries of the Union.

References