On Entering into Force of List of Discrepancies Entailing Rejection or Suspension of Accreditation

March 15, 2019

On March 18, the Order of the Ministry of Economic Development of Russia No. 14 dated January 18, 2018 (hereinafter referred to as “the Order”), enters into force. The Order approves the List of Discrepancies of an applicant to the accreditation criteria entailing rejection of accreditation and the List of Discrepancies of an accredited person to the requirements of the Russian law for the activities of accredited parties entailing suspension of the accreditation (hereinafter referred to as “the Lists of Discrepancies”).

The edition of the Order is another step towards the implementation of amendments introduced to the Federal Law No. 412-FZ “On Accreditation in the National Accreditation System” dated December 28, 2013, by the Federal Law No. 262-FZ dated July 29, 2018, aimed at integrated improvement of the national accreditation system.

The Lists of Discrepancies contain a comprehensive list of violations that entail rejection of accreditation (for applicants) or suspension of accreditation (for accredited persons). Thus, the List of Discrepancies of an applicant to the accreditation criteria entailing rejection of accreditation includes non-compliance with the following requirements:

  • regarding employees of the applicant — education or work experience, skills and/or professional knowledge required to perform activities in accordance with the stated/approved scope of accreditation, admission to work with state secrets, and the number of persons employed in the main occupation;
  • regarding premises, equipment, technical means and other material resources of the applicant/accredited person, including the availability at business (temporary works) site (sites) of work in the stated/approved scope of accreditation of premises, equipment, instruments, reference standards and standards of unit complying to legal regulations of the Russian Federation regarding ensuring of uniformity of measurements, technical means and other material resources required for the work in the stated/approved scope of accreditation;
  • the following regulatory acts, standardization documents, rules and methods of tests and measurements, measurement techniques and other documents setting requirements for:

works (services), including sampling rules,
confirmation of conformity and objects of confirmation,
carrying out inspections,
works (services) in the area of ensuring of uniformity of measurements and other documents related to accreditation area; and

  • quality management systems.

The List of Discrepancies of an accredited person to the requirements of the Russian law for the activities of accredited parties entailing suspension of the accreditation includes:

  • those detected during the competence attestation procedure;
  • those detected during federal state control over the activities of accredited persons.

To a large extent, requirements for accredited persons are to a large extent similar to the requirements for applicants for accreditation. Both cases require:

  • for the applicant/certification body to have a structural subdivision accredited as a testing laboratory (center) in cases provided for by technical regulations of the Russian Federation and technical regulations of the Customs Union in accordance with Article 13 of the Accreditation Criteria; and
  • for the applicant/inspection body to have a structural subdivision accredited as a testing laboratory (center) in cases provided for by legal standards, standardization regulations and other documents setting requirements for inspections in accordance with Article 30 of the Accreditation Criteria.

At the same time, the conformity assessment procedure provides for the suspension of accreditation in cases of absence of a website of the accredited person with the domain name entitled to the accredited person.

In terms of federal control over the activities of accredited persons, the accreditation might also be suspended in the following cases:

  • when conformity assessment is performed by an accredited person beyond their scope of accreditation;
  • when an accredited person fails to act for termination (abolition) of a document issued as a result of conformity assessment (in specified cases);
  • when an accredited person fails to carry out their duties in:

the review of complaints and appeals referring to their performance of conformity assessments;
the provision of information confirming its competence upon RusAccreditation requests,
the provision of results of its activities to RusAccreditation using the Federal State Information System for accreditation;
notifying RusAccreditation about accreditation in another accreditation body including foreign accreditation bodies.

The Order of the Ministry of Economic Development of Russia No. 322 “On Approval of the List of Discrepancies Entailing Suspension of Accreditation Following Federal Control over the Activities of Accredited Persons” dated May 30, 2014, is no longer valid.