CC BY
33
вестник «ю/2016
METHODS OF RISK REDUCTION OF INFRINGEMENT AND COUNTERFEITS IN CONSTRUCTION
The problem struggle against of infringement and adulterated products is today one of the most urgent not only in Russia but also in the whole world. In the amount of illegal production and application counterfeit can be compared with drug and arms trade and proceeds from the sale of alcohol. The range of counterfeits is wide: food stuff, medicinal drugs, cosmetic products, synthetic detergents, video/audio goods, consumer goods and products required for construction operations. Both major manufacturers and representatives of small and medium business may suffer from counterfeits and national budget of the Russian Federation yearly lacks milliards of potential tax proceeds.
Counterfeiting of equipment for industrial facilities. The problem of counterfeiting greatly influences the safety of the objects of extraction, preparation, transport and recycling of oil and gas. The overwhelming majority of such objects belong to the category of dangerous industrial facilities. They are complicated technological systems produced of a wide range of industrial and construction materials, products and equipment operating with a large amount of explosive and flammable substances being under high pressure.
A perfect example of counterfeiting of trans-district heating pipelines is a "pipe affair" in Saint Petersburg. It concerns previously used worn out engineering products which were rendered marketable for installing on housing and utility objects as new and in complete function. The consequences of their use may not only do damage to end users but also pose danger for health and sometimes even life of citizens. The enquiry of law-enforcement agencies revealed a corruptive scheme in frames of which JSC "RUSTRUBPROM" supplied second-hand pipes as new ones. The quality of these pipes was approved by false manufacturer's certificates.
Falsification of certificates. 4.5 % of certificate authorities issue up to 80 % of certificates according to conformance evaluation and the others are inactive. This poses a question: why these bodies are still operating on service market? Alongside with the increasing wish of producers and suppliers to certify their products for obtaining competitive advantages the number of pseudo agencies for certification is rapidly growing.
According to the data of Federal Service for Veterinarian and Vegetation Sanitary Supervision since 2015 the Service detected 302 falsified certificates: 129 Turkish, 22 Serbian, 32 Macedonian, 78 Moroccan, 8 from Bosnia-Herzegovina, and 5 Brazilian ones. The certificates were falsified for import of products to the RF from the countries under Russian food import ban. The number of detected false certificates has increased 3.5 times as compared to the last year.
The problem of fake certificates worries the business community. Responsible producers can't compete with cheats unloading into the market dangerous products having safety certificates. Low-quality dangerous details and equipment having fake certificates are installed onto planes, trains, cars, are used in energy sector, chemical industry, construction, on the manufactures for extraction, transport and recycling of oil and gas. This results in emergencies on industrial objects, plane and train crashes.
The quality of cable products is of absolute importance in the construction for providing safe operation of objects. According to the data of non-profit partnership "Association "Electric Cable" ("Assotsiatsiya "Elektrokabel"») in the recent several years the production output and trade turnover of counterfeit cable products have greatly increased. About 60 % of fires due to breach of regulations for electrical equipment results from low-quality cable products with fake certificates of approval.
The share of counterfeit bagged cement in Customs Union members in 2014 was 18 % in Russia, 23 % in Kazakhstan, 14 % in Belorussia. OJSC "Research Institute of Moscow Construction "NII-Mosstroy" tested four samples of import cement supplied in large amounts to the RF territory in accordance with the acting standard technical documents. Not a single sample met the requirements of Russian state standard GosT 55224-2012 : "Cements for transport construction. Specifications" in terms of specific surface area for cements used in concretes for road and airfield pavements and in concretes for production of reinforced concrete products and bridge structures.
The offered systematic approach to risk minimization of counterfeit products and services supply. First of all we need to create a state system (program) of counterfeit prevention. No corporate system of even major companies such as public company "Gazprom" can't provide implementation of processes according to all the possible parameters. The acting legal standards, the number of which is great, don't have a holistic approach and uniformity of assessing the conformity to safety requirements.
Редакционная статья
vestnik
MGSU
state Committee on Counteraction of Illegal Trade of Industrial products was created by the Decree of the President of the Russian Federation from January 23, 2015 no. 31 "On Additional Measures on Counteraction of Illegal Trade of Industrial Products" for control of federal executive authorities, executive authorities of Russian Federation constituent entities and local government authorities. Interagency working groups were organized affiliated with the State Committee for study of the issues related to counteraction of illegal trade of industrial products on the territory of Russian Federation constituent entities and for preparation of the draft decisions of the Committee. We believe that it is necessary to create additional working groups in frames of the State Committee operation:
• on construction branch;
• defense;
• communications;
• culture.
Secondary it is necessary to actuate the change of legislative provisions in the field of counterfeiting. Here the work should proceed in at least three directions:updating of the existing regulatory documents, standards and creation of new ones using the best world examples with account for domestic specific character of application;
• creation of the conditions for preventing the possibilities of counterfeiting by applying new statutory regulations;
• upgrading of penalties for the committed actions both in administrative and in criminal sense.
Thirdly, it is necessary to create megaregulator in frames of optimization of the activity of the
governmental regulatory bodies on the analogy of the American authority FDA (Food and drug administration).
One of the main factors for determining counterfeiting is its identification. The term "identification" is defines as "establishing match of something with something". Identification is matching of product features indicated on marking and/or in the supporting documents and regulatory documents or other information sources, requirements posed to it.
Identification has different:
• pointing — identifying an object with certain title, sort, trademark, type and commercial batch;
• informational — distributing certain information to economic agents;approving the correspondence of the product assortment characteristics to the information declared on marking and/or in forwarding documents, i.e. authenticity of the goods.
Types of identification: assortment (specific), quality-related (qualimetric), commercial batch related.
Compliance assessment of a product
At the present time he draft of the national standard GOST R "System of Protection from Counterfeiting. Products of High-tech Industrial Sector. Industrial Data. Unique Identification and product Traceability". The document is processed by the Federal State Unitary Enterprise "Research Institute of Standardization and Unification" basing on authentic translation of the standard ISO 21849-2006
Editorial
ll
вестник 10/2016
"Aircraft and space. Industrial data. Product identification and traceability". The development of GOST R was started by the Technical Committee on Standardization TK124 "Means and Methods for Counteraction of Counterfeiting".
In all the necessity, importance and demand of the draft standard it is important to note that it should be used together with the standard "Counteraction of Counterfeit and Fake Products. Protection Methods and Technologies. Requirements to Purchase, Acceptance and Utilization Processes".
We believe that the following topics should be defined in the standards:methods and technologies of protection from counterfeits;purchase, acceptance and utilization processes (aimed at prevention of the distribution of counterfeit and fake products);information exchange system.
The requirements to product identification and traceability specified in the draft standard are:
• the use of unique constant identification during the whole lifecycle of a product;the use of identification scheme which corresponds to the traceability requirements of products during development, operation and maintenance of products;
• the use of machine-readable carriers to obtain valid and effective data;
• the use of identification scheme not dependent on marking technologies, the used symbols and type of data carriers;
• the use of data structure which will enable data interchange without data transformation cards (cross-reference lists/ look-up tables) between the parts of one enterprise and between the participants of the lifecycle of a product with the help of Internet.
In order to obtain higher data accuracy and efficiency at simultaneous reduction of costs the participants of the lifecycle of a product should take a solution on the use of automatic identification processes which provide product traceability from the start of production to its elimination and waste utilization.
Fourthly, the creation of the State Unified Center for data processing and storage is necessary, which should be a complex of hardware and software features accumulating information on the automation objects and responding to external queries of the users.
The Unified Center for data processing and storage fulfills the following functions:
• serialization of identification marks;
• user authentication and authorization;
• collection and storage of the data on the manufactured products;
• response to external queries (verification of products);
• report preparation;
• notification of suspicious cases of delivery or use of counterfeit products.
In the standard draft the offered system of product traceability provision for protection against counterfeiting is based on the use of machine-readable marking. In turn, the unique and group identifiers of the products which are "recognition keys" for the products (i.e. they correspond only to these products and can't be assigned to any other products on any enterprise in any industrial field in any country) are of the primary importance within the machine-readable marking. These data should be kept throughout the whole lifecycle of a product including identification and a period after major repairs.
When carrying out the correspondence control of a product after data reading containing in the marking they should be checked online. Fir such a check several variants of databases (DB) system generation are possible, to where an examiner applies and which is created and maintained by the following organizations
manufacturing enterprise of the product; a group of companies, for example, in frames of self-regulated organization, industrial group, etc.;
1) independent non-governmental organization;
2) governmental facility.
The variants 1 and 2 have essential disadvantages:
• in the end product there may be parts from different producers from different branches. So an inspector will face difficulties with deciding which base should be referred to because in case of system architecture there may be tens of thousands of DB;
• the costs for creation and maintenance of DB including the costs of equipment, maintenance activities, staff salary may be quite essential which may lead to a visible rise in the price of the end product;
• reliability of such DB fully depends on the enterprises (groups) which doesn't guarantee the absence of situations when DB will be unavailable because of some inner reasons (lack of financing, lack of qualification of the staff, etc.). Variant 3 is now impossible because there are no rather big indepen-
Редакционная статья
vestnik
MGSU
dent nongovernmental companies which would be able to permanently execute such work, and attracting foreign companies is unacceptable because DB may contain information almost about all the products produced in the country. Surely a company-holder of DB will have full access to this information.
so the creation of the State Unified Center for data processing and storage seems most reasonable. It may provide the reliable operation of DB and information integrity and at the same time will allow greatly simplifying the verification procedure which almost turns to checking on the "one stop" principle when an inspector uses a single DB in all cases.
Fifthly, it is necessary to develop requirements in the field of obligatory use of the standards "Counteraction of Counterfeit and Fake Products Distribution". These strong requirements may be attached to the Federal Law no. 384-FZ from December 30, 2009 "Technical Regulations on Safety of Buildings and Structures" and the RF Government Decree from December 26 2014 no. 1521 "On approval of the list of national standards and regulations (parts of such standards and regulations), as a result of which the mandatory observation of the Federal law "Technical Regulations on Safety of Buildings and Structures (with amendments from September 29, 2015) (edition in effect from March 1, 2016)" and of the article 48.1 "Highly dangerous technically complex and unique objects" of the Town-planning Code of Russia is provided. Observation of these additional requirements will result in additional burdens on producers and customers, including the increase of the cost of products — according to preliminary estimates by 0.5.. .1 %. Though the failure risks of such buildings may lead to serious economic, social, political and geopolitical consequences. It is only the customer who is fully responsible for all the parameters of erected structures and who specifies the full list ofproducts and services subject to inspection concerning counterfeit.
In the construction it is necessary to have a list of products for highly dangerous technically complex and unique objects approved by the RF Government: cement, concrete, reinforcement and pressure pipes, steelwork, cable products, instrumentation and measuring devices and automation, production equipment, etc.
Summing up the above mentioned we would like to note that there is no universal solution to the problem of fighting the counterfeit and fake products. The experience of developed countries also prove this: for example, it took about 40 years for the European Union to create the conditions to secure the EU market against counterfeit products. Though according to the data of the International Chamber of Commerce even having proven market protection mechanisms from counterfeiting the total revenue from counterfeit sales is 5.7 % of world trade turnover
Though we need to work towards this aim and assume the following action framework: to create megaregulator in consumer community in frames of optimization of the regulatory and supervisory authorities of the RF Government;
• to create and maintain the DB on product identification financed from the budget;
• to create interagency working group in the construction sector;
• formalize in legislation the requirement of the obligatory use of standards to reduce the risks of counterfeit products' and services' application;
• to introduce the concept of auditor in the field of technical regulation and to introduce administrative responsibility in case of detection of violations;
• to specify the list of materials and equipment for highly dangerous, technically complex and unique objects of construction approved by the RF Government;
• to provide budgetary financing of the standards to be developed on product identification.
It is impossible to provide security of goods and services without improving the market supervision. By using the methods to reduce the risks of products and services counterfeiting we can promote sustainable economical development of the country, which is of a strategic nature for Russia with account for long-term sanctions.
Doctor of Technical Sciences, Professor, President of a self-regulated organization
"Builders Association of Gas and Oil Sector" B.V. Budzulyak Doctor of Technical Sciences, Director general, self-regulated organization
"Builders Association of Gas and Oil Sector" A.A. Apostolov
Candidate of Economical Sciences, Professor of the Moscow Branch of the International Academy of Architecture (MAAM), Department head, self-regulated organization
"Builders Association of Gas and Oil Sector" N. F. Seleznev
Chief expert, self-regulated organization "Builders Association of Gas and Oil Sector" L. P. Moiseev
Editorial
13
