October 04, 2017
Within the framework of the state inspection of the activity of accredited entities, the Federal service for Accreditation performs preventive measures aimed at preventing any violation of mandatory requirements during the activity of accredited entities, including those that issued conformity certificates on the basis of test protocols of unconscientious testing laboratories.
With regard to regulatory acts in the field of accreditation, including Provision on Federal State Control over the activities of accredited entities (approved by Russian Federation Government Decree No. 360 of 30.03.2017), a new instrument for sending warnings to the accredited entities was tested.
As was reported, the certificate of accreditation No. РОСС RU.0001.21МР23 of the testing laboratory “SM-ТЕSТ” of Non-Commercial Organization “Consumer Support Fund” (hereinafter - TL “SМ-ТЕSТ”) was suspended by the order of RusAccreditation No. 3-ПО of 19.01.2017, and then withdrawn by the order of RusAccreditation No.ПА-13 of 29.03.2017 due to the actual absence of TL “SМ-ТЕSТ” at the registered place of activity (as recorded in the Accreditation Entities Register) and due to the lack of legal grounds for the right to own and/or use the premises as the place of activity of accredited entities.
However, according to clause 18.104.22.168 of the National Standard of Russian Federation “GOST R ISO/IEC 17065-2012. Conformity assessment. Requirements for bodies of product, process and service certification” (approved by the order of RusAccreditation No. 1941-st of 21.12.2012), when involving a testing laboratory for assessment activities, the certification body shall guarantee that this activity is performed to ensure the trust attitude to the results obtained by the testing laboratory.
Therefore, in accordance with Article 8 of the Federal Law No.294-FZ of 26.12.2008 “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Conduct of State Control (Supervision) and Municipal Control” and the Rules for drawing up and sending a warning on the infeasibility of violating the mandatory requirements, filing of objection on such warning by legal entity or private entrepreneur (approved by the Russian Federation Government Decree No. 166 of 10.02.2017), the Federal Service for Accreditation sent warnings to 14 certification bodies that issued certificates of compliance on the basis of TL “SМ-ТЕSТ” protocols, with a request to take measures to ensure compliance with the mandatory requirements specified in warnings, to take actions in accordance with the rules regulated by the documents of quality management system of certification bodies and to provide information about corrective actions taken accordingly.
A number of certification bodies took effective corrective actions at the set time limits, including withdrawal or suspension of conformity certificates and submitted timely reports to RusAccreditation.
As of 02.10.2017, following up the RusAccreditation warnings, certification bodies withdrew 815 conformity certificates and suspended 15 certificates.
The accreditation of certification bodies ООО “Sert i Kо” and ООО “Alians Yugo-Zapad” was withdrawn.
Thus, the toolkit for sending warnings to accredited entities introduced by the legislation of the Russian Federation has shown its effectiveness and will be further applied by RusAccreditation when exercising state control over the activities of accredited entities.
At the same time not all accredited entities took necessary corrective actions in order to implement the warnings of RusAccreditation:
Conformity certificates were not withdrawn for certification bodies, such as ООО “Oborontest”, FSBEI of Higher Education “Academy of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Liquidation of Consequences of Natural Disasters” and ООО “Alfa-Evro-Тest”.
From 18.09.2017 to 26.09.2017, RusAccreditation conducted inspection of ООО “Akadem Теst”, which resulted in withdrawal of accreditation for this certification body.
RusAccreditation contemplates an issue of performing unscheduled inspection of some other above-mentioned certification bodies.