Who can be an applicant in product certification and conformity declaration
Under the legislation of the Customs Union, certification requires conformity with the requirements not only for products, but for the applicant themselves. The future certificate holder is determined based on arrangements for the release of goods into circulation. The same applies to the declaration of conformity.
The optimal scheme for assessing compliance is selected based on the supply arrangements, as well as the availability of additional documents to the applicant.
The full list of the Customs Union's certification/declaration schemes is approved by Customs Union Commission Decision No. 621 of 7 April 2011, “On regulation on procedures for application of the model schemes of conformity assessment (confirmation) with the Technical Regulations of the Customs Union”. The relevant scheme shall be assigned from those listed in the applicable technical regulation of the Customs Union for the specific product.
The applicant has discretion in choosing the validation scheme, but in so doing theymust take into account theirstatus, as provided for in clause 5 of the Policy on model schemes.
By and large, apart from the manufacturer, the applicant can be:
- the manufacturer's agent or authorised representative;
- a seller;
- a supplier.
Applicants in product TR CU certification
The appendix “B” of the Policy on Model Schemes lists all available Customs Union certification schemes. Each scheme lists the requirements for applicants.
Applicant in mass production certification
A TR CU certificate of conformance for mass-produced products is available to the manufacturer only.
In this context, in case of imports, the foreign manufacturer is required to have an agent within the Customs Union.
It is forbidden to issue a certificate to a seller or supplier.
The schemes used for mass production certification include: 1s, 2s, 5s, 6s, 7s and 8s. The most widely used is scheme 1s, which is featured in all technical regulations of the Customs Union that provide for the certification of mass-produced goods.
Applicant in product batch certification
In product batch certification, the applicant's status is significantly wider than in mass production certification. A certificate for a batch is available not only to the manufacturer, including a foreign manufacturer, but also to a seller and supplier.
A certificate of conformance for a batch of goods is most often issued under scheme 3s. Also, scheme 9s may be used for the certification of certain machinery subject to the Customs Union technical regulation “ On the safety of machinery and equipment”.
Scheme 9s is suitable for the certification of a foreign-made batch or sophisticated products designed for industrial applications within the Customs Union.
Similar requirements are imposed on the applicant in single item certification. Scheme 4s is used here.
Applicants in product TR CU declaration
The requirements for applicants in product declaration also depend on the chosen scheme, namely the arrangements for the release of products into circulation. For a description of the Customs Union compliance declaration schemes, complete with a list of eligible declarants, refer to Appendix “G” of the Policy on Model Schemes.
A general requirement for the registration of a declaration, whether for mass, batch or job production, is that the applicant must be registered within the Customs Union.
Applicant in mass production declaration
The registration of a declaration of conformity for mass-produced products is available to:
- the manufacturer;
- the foreign manufacturer's agent.
Declaration of mass-produced goods is not available to sellers or suppliers, or manufacturers from countries that are not members of the Customs Union.
A declaration for mass-produced products can be registered under the following schemes: 1d, 3d, 5d or 6d. In this context, the choice of declaration scheme is based on the product risk level, which determines whether it is possible to accept a declaration without the involvement of an accredited testing laboratory or whether the involvement of a third party is required.
A declaration based on the applicant's own evidence is available under scheme 1d only.
Applicant in product batch declaration
First, please note that declaration schemes make no distinction between a batch and a single item: the approved schemes are applicable in either case.
An application for the declaration of a batch or a single item can be made by the manufacturer themselves, a seller or supplier, as well as by a foreign manufacturer's agent.
A declaration in this context is made under one of the following schemes:
- 2d, acceptance of declaration based on in-house safety cases;
- 4d, acceptance of declaration based on safety cases provided by an accredited test centre.