ISRAEL STANDARDS
A standard is a document containing technical specifications that apply to a product or technical procedures for production processes, including technical definitions that fit the purpose. The standard describes various characteristics of the product, such as its use, its function, its purpose, its production process, its installation, its operation, modes of employment, quality and quality assurance, quantities, dimensions and their measuring methods, testing methods, storage and maintenance methods as well as relocation methods, its source, its identification, labeling and packaging.
Preparation of standards is carried out in the Standardization Committees of the Standards Institution of Israel according to the “Rules for Preparing Standards” (Declaration of Israel Standards, 5751-1991) which the Minister of Industry, Trade and Labor authorizes.
MANDATORY STANDARDS
An Israel Standard declared by the Standards Institution of Israel is voluntary. The Minister of Industry, Trade and Labor may, following consultations with representatives of the manufacturers and the consumers, declare all or part of a given standard, to be mandatory. This is done by publishing the decree in “Reshumot”, the Official Gazette. The Minister creates such mandatory standards if he finds it is necessary in order to achieve one of the following objectives:
v Safeguarding public health
v Safeguarding public safety
v Preservation of the environment
v Provision of information where none exists nor does an alternative mechanism for offering consumer protection
v Ensuring interchangeability or compatibility of products
v Prevention of significant economic damage that might be caused to consumers by readily visible elements, products or materials used in construction. Similarly, prevention of economic damage that consumers might suffer as a result of employing construction materials that normally are hidden from view. .
The purposes of declaring mandatory standards were approved by the Knesset, Israel’s parliament, in January of 1998 and the Standards Law was amended accordingly. The amendment also contains transitional provisions according to which standards or parts of standards, for which a declaration indicating their conversion to mandatory standards was published in “Reshumot”, the Official Gazette, prior to December 31, 1997 and the purpose for such conversion did not fit those set out in the amendment to the Standards Law, would retain their status as mandatory standards up to October 31, 1998.
According to the transitional provisions of the Law, by November 1, 1998 the Commissioner of Standardization had to publish in “Reshumot” the list of standards, or parts of standards, the mandatory status of which had lapsed as noted above.
Close to 250 standards, the mandatory status of which had lapsed completely or partially because of their incompatibility with the grounds for declaring a standard to be mandatory, were published in the Official Gazette No. 4692, dated October 28, 1998 and No. 4694, of November 3, 1998. Later, revisions to those announcements were published (Official Gazette No. 4751 of May 12, 1999 and No. 4763 of June 3, 1999).
PUBLIC CONSULTATION
By law, declaration of mandatory status for a standard, or its cancellation, requires consultation with representatives of the manufacturers and the consumers. An identical procedure is employed in the case of the revision of a mandatory standard (new versions, correction sheets etc.).
In order to preserve transparency, these consultations include, in addition to manufacturers’ and consumers’ representatives, also representatives of the importers, of the appropriate sector, such as the Building Contractors’ Association and pertinent government ministries.
At the consultatory stage the Commissioner of Standardization announces that the Minister of Industry, Trade and Labor intends to change the standard’s status or to authorize an amendment to a mandatory standard and sets a time period, usually four weeks, within which comments or reservations with respect to the Minister’s action may be submitted.
ADOPTION OF INTERNATIONAL STANDARDS
At the end of 1999 the Knesset adopted an additional amendment to the Standards Law according to which, as a rule, in setting standards the Standards Institution should adopt the international standards employed in developed countries and keep in mind the nature of Israel’s trade with the rest of the world.
Where various standards exist in the developed countries, the Institution may adopt alternative standards on condition that any one standard thus set will be based in its entirety on an existing standard.
Under exceptional circumstances, when it has been determined necessary to do so because of unique conditions in Israel, the Standards Institution may change certain conditions within an international standard it adopts, offering in the explanatory notes attached to the standard, detailed explanations for doing so.
MANDATORY STANDARDS ARE OBLIGATORY
It is prohibited to manufacture, sell, import or employ in any process a product that has been declared subject to a mandatory standard, nor can work be performed for which the technical process description has been declared a mandatory standard, unless the product or the process conforms to the requirements of the mandatory standard.
The Commissioner of Standardization in the Ministry of Industry, Trade and Labor is responsible for enforcing the provisions of mandatory standards. The Commissioner may, at any reasonable time, perform an inspection to ascertain whether the Standards Law is being observed.
In carrying out an inspection, any persons so authorized by the Commissioner of Standardization can take samples of each good for testing as well as to seize and detain anything for which they have grounds to assume violates the provisions of the Standards Law.
The engineers of the Standardization Administration of the Ministry of Industry, Trade and Labor conduct investigations following inspections or complaints and if they find violations of the Standards Law, legal action is taken against the merchants, importers or manufacturers. The Ministry promoted an amendment to the Standards Law that increased penalties for violations from NS19,000 to as much as NS200,000 (about $45,000). The amendment went into effect in August, 2005. Significantly raising the penalties, coupled with more energetic enforcement in the market place, will enable the government to liberalize the testing of imports, thus enabling Israel to meet its obligations as a member of the World Trade Organization (WTO). Under the WTO, all member states must treat domestic production and imports identically in the enforcement of technical requirements.
CERTIFICATE OF CONFORMITY TO STANDARDS
The Standards Law states that the Standards Institution, as well as any body so authorized in writing by the Commissioner of Standardization (an Approved Laboratory) may test the conformity of a product to a standard and grant a certificate attesting to their findings. Where evidence is legally required that the provisions of a standard have been met, a certificate will not be accepted as proof unless it was granted by an Approved Laboratory.
At present, some 20 Approved Laboratories are active in various fields of engineering.