Standardization Updates
4 July 2022
Dear clients and colleagues,
We would like to inform you of several updates in the field of standardization:
1. The Standardization Reform:
Background
On June 1, 2022, the Standardization Reform entered into force. This reform was approved in late 2021 under the Economic Plan Law (Legislative Amendments for Implementation of Economic Policy for 2021 and 2022 Budget Years), 2021 (the “Arrangements Law“), as part of comprehensive and significant reform in the import field.
The reform’s purpose is to facilitate the import process to Israel, remove some of the import barriers, increase the supply of products imported to Israel, reduce costs and create competition in the market. At the same time, importers were imposed more responsibility for complying with the relevant regulatory requirements applicable to the imported products, and significant enforcement authorities were given to the standardization Administration, including authorities to impose financial sanctions in very high amounts.
Adaptation route to foreign standardization
Following the reform, the import is no longer limited to the Israeli standardization route (an official standard compliance rn route in accordance with import groups), but he may now choose an alternative route of adaptation to a foreign standard (known as “Cassis”).
The adaptation route to foreign standardization is new and important, in the framework of which products can be imported based on the adaptation of foreign standardization adopted in Israel in an official standard. However, not all standards are included in this route, and a “positive list” has been published in this context, which includes the standards in the foreign standardization route (see the link below), and a “negative list”, which includes the standards that have been excluded from the route (which are detailed in the third amendment to the Standards Law, 1953 (the “Standard Law“). In order to import goods in the frame of this route, a test certificate must submit from a laboratory accredited by the member body of ILAC or by the Standards Institute, as specified in the positive list, and the importer’s declaration that the goods in the shipment are identical to the goods to which the test certificate relates. In addition, an undertaking to comply with the marking requirements in accordance with Israeli law and to make an adjustment to the electricity network in Israel is required, as long as relevant.
Adaptation route to the official standard
As part of the Import and Export Order (Import Groups) 2021, many changes were made in the adaptation route to an official standard that is reflected in the passage of many standards from Import Group 1 (goods with the highest level of risk, which requires model approval and inspection of each shipment) to the lighter groups – Import Group 2 (goods in which the level of risk is medium, which requires a model approval and the importer’s declaration that the goods in shipment are identical to the approved model and meet the requirements of official standards applicable to them) and Import Group 3 (goods with a low level of risk, in which only a declaration is required regarding the conformity of the goods with the requirements of the official standard applicable to them). In this context, it should be noted that Group 4 includes goods intended for use in the industry only and not by consumers, for which an exemption from meeting an official standard will be granted in advance.
Exemptions
The reform also provided exemptions from the labeling requirements stipulated under official standard and the obligation to maintain a product portfolio concerning products that are not intended for marketing and distribution to the public, as well as an exemption from the obligation to comply with an official standard regarding the manufacture or import of products intended for export or research or development as defined in the Encouragement of Research, Development and Technological Innovation in Industry Law, 1984
Product Portfolio
It is important to mention that there is a requirement to maintain a product portfolio and that the enforcement in this regard is likely to be increased, and therefore it is important to ensure compliance with this requirement. This is not a new requirement in the framework of the reform, in which an update to the requirements of a product portfolio was published, but it has existed since 2018.
Update of the instructions of the Commissioner of Standardization
In addition, as part of the reform, the instructions and directives of the Commissioner of Standardization regarding the import of goods to which an official standard applies were updated. Such instructions are important to be aware of (see link below).
2. Update of the CEO directive 2.6
On June 12, 2022, an updated CEO directive 2.6 came into force. This directive regulates the subject of issuance of exemptions granted by the Ministry of Economy and Industry under section 2(c)(2) of the Free Import Order 2014, to goods imported in commercial import from the presentation of an import license or confirmation of compliance with an official standard, in accordance with the grounds specified in the directive. The directive establishes a uniform policy for handling applications for such an exemption and regulates the procedures for handling these applications. In the updated directive, new grounds were added, such as the import of electrical medical equipment or ancillary equipment intended for a clinical trial, import of goods for the establishment and maintenance of national infrastructure, as well as facilitation sfor importers, such as the possibility of obtaining a biennial exemption.
To the publishment of the Arrangements Law in the official gazette, please use the following link.
To the Import and Export Order (Import Groups) 2021, please use the following link.
To the list of the approved standards for import under the International Standardization route (the “Positive List”), please use the following link; To the list of the unapproved standards for import under this route (the “Negative List”), which are detailed in the third amendment to the Standards Law, please use the following link.
To the instructions and directives of the Commissioner of Standardization regarding the import of goods to which an official standard applies, please use the following link.
To the CEO directive 2.6, please use the following link.
We will be happy to assist you with any questions or clarification regarding this matter.
Kind Regards,
Herzog Fox and Neeman
Nurit Dagan | Partner
Commercial department
+9723-6922817
Ohad Elkeslassy| Partner
Commercial department
+9723-6922817
Olga Pery | Associate
Commercial department
+9723-6922817
