“FTSS” EXECITED A FAS WARNING
The Antimonopoly Service exposed signs of unlawful actions: giving instructions to a construction company regarding goods purchasing and unreasonably preventing its operations
“Thermalcom” Research-and-Production Company” Ltd. filed an application to “FTsS” [the Federal Research and Technical Centre for Construction Certification] 1 to obtain a technical certificate in order to confirm whether a new thermal-insulation polymer coating is fit for use in construction.
In response the company received letters from “FTsS” that it must present an opinion from a competent body in the field of thermal physics, namely the Research Institute of Construction Physics, the Russian Academy of Architecture and Construction Sciences. However, the procedure for issuing technical certificates on new products does not give “FTsS” the powers to refer applications for technical certificates to third parties.
On 23 May 2019, FAS sent a warning to “FTsS” that the latter must withdraw its letters to “Thermalcom” Research-and-Production Company” Ltd. within ten days after receiving the warning, consider the application of “Thermalcom” and make a decision.
“FTsS” withdrew the letters and reported that the decision on the company’s application is made, therefore, executing the FAS warning.
Background:
1 According to No. 1636 Governmental Decree of 27.12.1997, new, particularly imported materials, products, designs and technologies, that are not regulated by the current constriction norms and rules, state standards, technological conditions and other regulatory documents, can be used in construction if confirmed that they are fit for use in construction and facilities operation in Russia.
The works on verifying that new products are for use in construction are carried out based on a contract with an applicant by “FTsS” – a federal state institution subordinate to the Ministry of Construction and the Housing-and-Utilities Sector of the Russian Federation.