A conformity declaration of the Customs Union, which is to be issued by the product manufacturer, seller or a representative of a foreign manufacturer, in accordance with the requirements adopted by Decision No. 293 of the Euro-Asian Economic Commission Collegiate of 25 December 2012, must be registered in the Common Registry of Issued Conformity Certificates and Conformity Declarations.
The registration procedure was adopted by Decision No. 76 of the Euro-Asian Economic Commission Collegiate of 9 April 2013.
In order to register a conformity declaration of the Customs Union, the product manufacturer, seller or a representative of a foreign manufacturer (the Applicant) must submit the declaration and the supporting documents to (subject to the choice of the Applicant) either a certification body or to the authorized state body.
Registration of a Conformity Declaration by an Authorised State Body
The registration of a conformity declaration by an authorized state body must be performed in accordance with the national legislation of the relevant Customs Union member state.
Registration of a Conformity Declaration by a Certification Body
A certification body is one of the organizations included into the Common Registry of the Certification Bodies and Testing Laboratories of the Customs Union.
The Applicant must submit to a certification body the conformity declaration and the following documents:
- The Application for the registration of the declaration, signed by the Applicant;
- Copies of documents confirming that the Applicant is registered as a legal person or as a sole trader in the relevant Customs Union member state; and
- A copy of the contract with the foreign manufacturer which provides that the products in question comply with the requirements of the Customs Union Technical Regulations and which imposes liability for non-compliance with such requirements (for legal or physical persons performing functions or authorized by foreign manufacturers).
The certification body will consider the application and review the supporting documents and take a decision, within 5 working days from the date the application was submitted, whether to register the declaration or to refuse registration.
A conformity declaration is considered registered from the moment it is assigned a registration number in the Common Registry of Conformity Certificates and Conformity Declarations.
If the certification body decides to refuse registration, a notice of refusal is to be sent to the applicant in writing, by registered post. The notice must contain grounds for refusal.
The payment of the registration fees is regulated by the national law of the relevant Customs Union member state.
When the Registration of a Conformity Declaration May be Refused?
The certification body may refuse to register a conformity declaration if:
- If the Applicant sent the declaration and the registration application to the certification body which is not authorized to register declarations for the types of products in question;
- If the Applicant has failed to provide sufficient supporting documentation;
- If the form of the declaration issued by the Applicant does not comply with the requirements imposed by the Common Declaration Form;
- If the law does not allow the product in question to be certified by a conformity declaration;
- If the Applicant is not authorized by law to issue a conformity declaration for the product in question.
Changes to a Registered Conformity Declaration
It is not permitted to insert any changes to a registered conformity declaration. If any changes are required, the Applicant must issue a new conformity declaration and to undergo the registration procedure outlined above.
The Period During Which a Conformity Declaration Must be Kept
The Applicant must keep the declaration for a period set out by the applicable Customs Union Technical Regulations. If no such period is set by the TRs, the Applicant must keep the declaration for at least 10 years from the moment of its registration.
If the product in question is subject to several Customs Union Technical Regulations, then the declaration must be kept for the longest period set by these Technical Regulations.
The certification body must keep the declaration for a period prescribed by the national legislation of the relevant Customs Union member state.
Changes to the Product Properties
If the product, for which a conformity declaration was issued, undergoes changes or modifications which affect its safety, the Applicant who issued the declaration must take measures to ensure that the product complies with all applicable Technical Regulations of the Customs Union. If necessary, additional proof of compliance may be required.
If it is not possible to ensure compliance of the product with the applicable Technical Regulations, then the Applicant must apply to the certification body or to the authorized state body for the cancellation (annulment) of the declaration.
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