Preface
- 1 DEVELOPED by the Federal State Unitary Enterprise "Russian Scientific and Technical Center for Information on Standardization, Metrology and Conformity Assessment" () together with the Limited Liability Company "Agency of Independent Expertise in the Field of Technical Regulation"
- 2 INTRODUCED by the Technical Committee for Standardization TC 079 “Conformity Assessment”
- 3 APPROVED AND ENTERED INTO EFFECT by Order of the Federal Agency for Technical Regulation and Metrology dated August 27, 2021 No. 562-st
- 4 INTRODUCED FOR THE FIRST TIME
The rules for applying this standard are established in Article 26 of the Federal Law of June 29, 2015 No. 162-FZ “On Standardization in the Russian Federation”. Information about changes to this standard is published in the annual (as of January 1 of the current year) information index “National Standards”, and the official text of changes and amendments is published in the monthly information index “National Standards”. In case of revision (replacement) or cancellation of this standard, the corresponding notice will be published in the next issue of the monthly information index “National Standards”. Relevant information, notifications and texts are also posted in the public information system - on the official website of the Federal Agency for Technical Regulation and Metrology on the Internet (www.gost.ru)
© Statsdartinform. decor. 2020
This standard cannot be fully or partially reproduced, replicated or distributed as an official publication without permission from the Federal Agency for Technical Regulation and Metrology
Article 81. Sampling (samples)
1. For the purposes of this Federal Law, sampling (samples) means a control (supervisory) action performed by an inspector, expert or specialist to remove (sample) samples (samples) of water, soil, air, waste and (or) drainage water, emissions, discharges of pollutants, production and consumption waste, products (goods), other items and materials in accordance with approved standardization documents, rules for sampling (samples) and methods of their research (testing) and measurements, technical regulations or other regulatory technical documents, rules, methods of research (testing) and measurements and other documents for sending the specified samples (samples) for testing and (or) examination to the control (supervisory) body and (or) expert organization in order to assess the compliance of the controlled person with mandatory requirements.
2. Sampling (samples) is carried out in the presence of a controlled person or his representative and (or) using video recording.
3. Sampling (samples) is carried out in quantities necessary and sufficient for conducting instrumental examination, testing, and examination.
4. Based on the results of sampling (samples), the inspector or a person attracted by him draws up a protocol for sampling (samples), which indicates the date and place of its preparation, position, surname and initials of the inspector, expert or specialist who compiled the protocol, information about the controlled person or his representative who was present during the sampling (samples), the sampling techniques (samples) used, other information relevant for the identification of samples (samples).
5. If the controlled person or his representative refuses to sign the sampling protocol, the inspector, expert or specialist makes an appropriate note.
6. The procedure for sampling products (goods) (including types of products (goods) for which sampling cannot be carried out) and the quantity of products (goods) that can be taken as samples are approved by the regulations on the type of control.
7. The regulation on the type of control may provide for a procedure for alternative sampling (samples) for carrying out, if necessary, an alternative test or alternative examination, including, inter alia, an indication of officials of control (supervisory) bodies who must participate in alternative sampling (samples) , the procedure and timing of actions within the framework of alternative sampling (samples), the procedure for making decisions based on the results of alternative sampling (samples).
Content
- 1 area of use
- 2 Terms and definitions
- 3 General provisions
- 4 Procedure for circulation of product samples when confirming conformity
Appendix A (recommended) Form of the sampling (sampling) report
Appendix B (recommended) Sample return form
Appendix 8 (recommended) Form of the act of writing off samples (samples)
Appendix D (recommended) Form of the act of sampling (sampling) by the applicant
Bibliography
Appendix A (recommended)
Third Party Sampling Form
Sampling certificate No. ______
| from "__" ____________ |
| Applicant _________________________________________________________________ (name and address of the applicant) Certification body _____________________________________________________ (name and address of certification body) Purpose of selection ______________________________________________________________ (mandatory certification scheme) Name of product ___________________________________________________ Identification features ________________________________________________ (batch size, date of manufacture, etc.) Unit of measurement and sample size __________________________________________ for testing _________________________________________________________________ for control samples ________________________________________________ Date of selection ______________________________________________________________ Place of selection ______________________________________________________________ Sampling was carried out in accordance with _______________________________________ Result of external examination of samples ________________________________________ (condition of packaging, labeling) Result of sample identification _________________________________________________ Signatures: from the certification body _____________________ _____________________ (signature) (position, full name) from the applicant _____________________ ______________________ (signature) (position, full name) |
Note - In the case of sampling by a testing laboratory, ( should be replaced with the words “testing laboratory” or “testing center” with the relevant information.
Introduction
This standard has been developed taking into account the provisions of standard conformity assessment schemes approved by the Decision of the Council of the Eurasian Economic Commission dated April 18, 2021 No. 44 “On standard conformity assessment schemes”. Before changes are made to the technical regulations of the Eurasian Economic Union (Customs Union) relating to the establishment of forms, schemes and procedures for assessing conformity based on standard schemes approved by the said Decision, this standard should be followed when carrying out mandatory and voluntary confirmation of conformity at the national level in terms not contradicting the provisions established in regulatory legal acts.
Appendix B (recommended)
Sample return form
Sample return certificate No. _____
| from "__" _____________ |
| Testing laboratory (center) _________________________________________________ [name and address of testing laboratory (center)] Applicant _________________________________________________________________ (name and address of the applicant) Name of product ___________________________________________________ Unit of measurement and number (number) of samples returned __________________ Sample return date ______________________________________________________________ Condition of samples ______________________________________________________________ Signatures: from the testing laboratory _________________ _____________________ (signature) (position, full name) from the applicant _________________ _____________________ (signature) (position, full name) |
Note - In case of return of samples by the certification body, the words “testing laboratory (center)” should be replaced with the words “certification body” with the relevant information.
What changes to consider
Samples and samples are now taken no later than 3 working days from the date when the declarant and other persons authorized in relation to the goods were notified of the appointment of the examination (clause 4 of Order No. 384). Until September 27, 2021, there was more time for selection - a maximum of 5 working days from the same date.
The Appendix to Order No. 384 contains a new table with the minimum number (volume) of samples and samples of goods under the EAEU Commodity Code for Foreign Economic Activity, which are necessary for experts to conduct research. It is significantly larger (97 positions) and more detailed than the previous one. For example, the new table contains shoes. It must be provided in the amount of 3 pairs.
The general approach is this:
| PRODUCT TYPE | HOW MUCH TO PROVIDE |
| The product is packaged in consumer packaging with a gross weight of 100 to 1000 grams | 3 packs |
| The product is packaged in consumer packages over 1000 grams | 1 package |
| The product is not destroyed in the process of expert research (fur product, TV) | 1 copy |
In general, customs officers have the right to take samples of goods only in the specified minimum quantities, ensuring the possibility of their examination.
Appendix B (recommended)
Sample write-off certificate form
Sample write-off certificate No. _____
| from "__" __________________ |
| Applicant _________________________________________________________________ (name and address of the applicant) Testing laboratory (center) __________________________________________ (name and address of testing laboratory (center)) Name of product ___________________________________________________ Unit of measurement and number (quantity) of written-off samples ____________________ Date of write-off ______________________________________________________________ Place of write-off _________________________________________________________________ Reason for write-off _____________________________________________________ Signatures: from the testing laboratory _________________ _____________________ (signature) (position, full name) from the applicant _________________ _____________________ (signature) (position, full name) |
Note - If the samples are located in the certification body, the words “testing laboratory (center)” should be replaced with the words “certification body” with the relevant information.
General rules
The selection of samples and/or specimens of goods is confirmed by an electronic act on this with an enhanced qualified electronic signature of an authorized official of the customs authority. It is printed in 3 copies and each one is signed:
- declarant or other person with authority over the goods;
- a representative of the designated postal operator who was present during the selection - when moving goods in international mail;
- two witnesses - in the absence of these persons.
If it is impossible to transport samples of goods to the customs authority or to another expert organization (expert), such an act on the inspection and examination of samples of goods on site is also drawn up.
The results of the customs examination are mandatory for the customs authority that appointed it. But except for cases of appointment of additional and/or repeated customs examination.
New regulations
From September 27, 2021, the procedure for sampling and/or samples of goods for customs examination is regulated by Order No. 384 of the Federal Customs Service of Russia dated May 7, 2021 (hereinafter referred to as Order No. 384).
At the same time, the previous similar regulation, approved by Order of the Federal Customs Service dated November 20, 2014 No. 2264, was declared invalid. Note that it also established the procedure for suspending the period for conducting a customs examination. Order No. 384 does not regulate this.
The basis for sampling/sampling by a customs official is the decision to appoint a customs examination.
