FAQ

Decision by the Council of the Eurasian Economic Commission № 44 of April 18, 2018 that came into effect on July 18, 2018 approves the typical schemes of conformity assessment (hereinafter Decision № 44, Commission, typical schemes of conformity assessment).

Pursuant to subitem “b” of item 2 of the Decision № 44 the Procedure for application of the typical schemes of conformity assessment (confirmation) to the requirements of the technical regulations of the Customs Union approved by the Decision of the Customs Union Commission of April 07, 2011 № 621 (hereinafter Decision № 621) shall be applied to carry out conformity assessment of the facilities targeted by technical regulation to the requirements of the technical regulations of the Union (Customs Union) adopted before the date of entry of the Decision № 44 into force to the extent compliant with the provisions stipulated in the mentioned technical regulations of the Union (Customs Union) before the changes are introduced therein concerning determining forms, schemes and procedures for assessment conformity based on the typical schemes of assessment conformity approved by the Decision № 44.

Thus, Decision № 621 shall be applied when carrying out the products conformity assessment to the requirements of the technical regulations of the Union (Customs Union) adopted before the date of entry of the Decision № 44 into force, before the changes are introduced therein concerning determining forms, schemes and procedures for assessment conformity based on the typical schemes of assessment conformity approved by the Decision №44. At that, Decision № 621 shall be applied to the extent compliant with the provisions stipulated in the mentioned technical regulations of the Union (Customs Union).

Declaration of conformity to the requirements of the technical regulations of the Eurasian Economic Union shall be executed using the unified form and rules approved by the Decision of the Commission Board of December 25, 2012 № 293 as amended (hereinafter, declaration, Union, Rules for declaration execution, respectively).

According to Subitem “c” of item 5 of the section II of the Rules for declaration execution in the field box 5 of the declaration it is necessary to specify full name of a manufacturer, its place of business (legal address) and address (addresses) of economic activity related to products manufacture (in case the addresses differ) – for a legal entity and its branches, which produce the products, or surname, name and patronymic (if available), place of residence and address (addresses) of economic activity related to products manufacture (in case the addresses differ) – for a private person registered as an individual entrepreneur.

The Rules for declaration execution do not permit to correct any text of the declaration, to enter information not provided for by the Rules for declaration execution as well as to shorten the words (except for generally accepted notations and abbreviations).

It must be noted that pursuant to item 11 of the Procedure for registration of the declaration of conformity of products to the requirements of the technical regulations of the Customs Union approved by the Decision of the Commission Board of April 09, 2013 № 76 as amended (hereinafter, Procedure) it is prohibited to make any changes in the registered declaration. If considered necessary to make changes the applicant accepts new declaration and has it registered as provided in the Procedure.

So, in case any information contained in the declaration is changed, including the name of the manufacturer, the declaration is to be reissued.

According to items 14 and 15 of the Procedure for registration, suspension, renewal and termination of the declaration of products conformity to the requirements of the technical regulations of the Eurasian Economic Union approved by the Decision of the Commission Board of March 20, 2018 № 41, no any changes are allowed in the registered declaration. If considered necessary to make changes the applicant accepts new declaration and has it registered as provided in the Procedure. The applicant shall accept new declaration and has it registered without providing the documents and information set forth in subitems “b” and “d” of item 5 of the Procedure, as well as in case the organizational legal form, place of location (address of a legal entity) of the products manufacturer are changed.

According to the Treaty on the Eurasian Economic Union “representative authorized by the manufacturer” is a legal entity or private person as an individual entrepreneur registered in accordance with the legislation of the member State, who on the basis of the agreement with the manufacturer, including foreign manufacturer, carries out activities on behalf of the manufacturer during the conformity assessment and release of products for trade at the territory of the EEU, as well as bear responsibility for non-compliance of products with the requirements of the technical regulations of the EEU.

If the applicant, who accepts and registers the declaration of conformity, is a representative authorized by the manufacturer, then, according to subitem “c” of item 5 of the Procedure for registration, suspension, renewal and termination of the declaration of conformity of products to the requirements of the technical regulations of the Eurasian Economic Union approved by the Decision of the EEU’s Commission Board of March 20, 2018 № 41 for the purpose of registration of the declaration of conformity the applicant has to present the copy of a contract with a manufacturer (including with the foreign one), which provides for compliance of the products delivered to the customs territory of the Union with the requirements of the technical regulations of the Union and liability for non-compliance of such products with above requirements, certified by the applicant’s signature and stamp (if available).

In case the applicant, when registering the declaration of conformity for a batch of products, is a vendor (importer), then it is not required to present the copies of the mentioned contract.

According to item 5 of the Procedure for registration, suspension, renewal and termination of the declaration of products conformity to the requirements of the technical regulations of the Eurasian Economic Union approved by the Decision of the EEU’s Commission Board of March 20, 2018 № 41, the declaration when being registered shall be supported with the documents and information, including the copies of evidentiary materials, which provision for the purpose of declaration of conformity is envisaged by the technical regulation (regulations), including the results of researches (tests) and measurements of products, certifying conformity to the requirements of the technical regulation (regulations), which scope covers such products (in case the technical regulation provides for carrying out researches (tests) and measurements of products to be declared), certified by a stamp (unless otherwise is prescribed by the legislation of the member state) and signature by the applicant.

Thus, when filing an application and declaration, including electronically, the evidentiary documents, comprising the results of researches (tests) and measurements of products, should be certified by a stamp (unless otherwise is prescribed by the legislation of the member state) and signature by the applicant.

Pursuant to item 3 of article 52 of the Treaty on the Eurasian Economic Union of April 29, 2014 (hereinafter – Treaty, Union, respectively) in order to meet the requirements of the Union’s technical regulation and to assess conformity to the requirements of the technical regulation of the Union the international, regional (interstate) standards can be applied on a voluntary basis and in case they are unavailable (before the regional (interstate) standards are adopted – national (interstate) standards of the Union’s member-states. Item 4 of the Protocol on technical regulation within the Eurasian Economic Union (Annex 9 to the Treaty) (hereinafter the Protocol) provides that in case the standards included in the list of international and regional (interstate) standards are not applied and in case they do not exist – national (state) standards, as a result of application of which on a voluntary basis the conformity to the requirements of the Union’s technical regulation is ensured (hereinafter the List), the products assessment conformity to the requirements of the Union’s technical regulations shall be carried out on basis of risk analysis.

In addition, the Treaty, international agreements and acts of the Eurasian Economic Commission (hereinafter Commission), which constitute the law of the Union in the sphere of technical regulation, do not provide for adoption within the Union of the unified procedure for performance of risk analysis when assessing conformity to the requirements of the Union’s technical regulations.

According to item 2 of article 52 of the Treaty, the technical regulations of the Union have direct force on the territory of the Union.

Pursuant to the provisions of item 5 of the Protocol, the forms, schemes and procedures for conformity assessment are prescribed in the technical regulations of the Union.

Thus, the products conformity assessment to the requirements of the technical regulations of the Union shall be performed pursuant to the provisions set forth directly in the technical regulations of the Union. In addition, when making products the standards included in the list have not been applied, the risk analysis shall be carried out by the persons, who performed such works, including by applicants and conformity assessment bodies (certification authorities).

Pursuant to item 2 of article 53 of the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter Treaty, Union respectively) the products, in which respect the technical regulation (technical regulations) of the Union came into force shall be released for trade in the territory of the Union provided that such products underwent necessary compliance confirmation procedures prescribed by the technical regulation (technical regulations) of the Union.

According to Item 2 of the Protocol on technical regulation within the Eurasian Economic Union (Annex 9 to the Treaty) (hereinafter the Protocol) the notion “release of products into trade” means supply or importation of products (including shipment from the manufacturer’s warehouse or dispatch without storage) with the aim to be distributed on the EEU territory during the commercial activity free of charge or on a paid basis.

Thus, the products imported in the territory of the member-states of the Union with the aim to be distributed on the EEU territory shall be considered to be released for trade on the Union market.

According to item 4 of the Procedure for the import to the customs territory of the Customs Union of the products (goods), in which respect the mandatory requirements are set within the Customs Union, approved by the Decision of the Commission Board of December 25, 2012 № 294, the documents showing compliance of the products (goods) with mandatory requirements or the details of such documents shall be presented to the customs bodies when placing the products (goods) under the mentioned customs procedures, except in cases of placing under the mentioned customs procedures of the products (goods) being imported (imported) including as being spare parts for maintenance and repair of the finished products earlier imported to the customs territory of the Union, in which respect the conformity to the mandatory requirements has been confirmed, provided that the copies of the documents on the conformity assessment of such finished products are presented to the customs bodies.

It is important to note that item 1 of article 7 of the Technical regulation of the Union “On safety of machines and equipment” (TR CU 010/2011) finds that the complementary parts and spare parts used for repair (maintenance) of machines and (or) equipment shall not be subject to confirmation of conformity to the requirements of TR CU 010/2011.

According to the provisions of article 7 of the Technical regulation of the Customs Union “On safety of low-voltage equipment “(TR CU 004/2011) and article 7 of the Technical regulation of the Customs Union “Electromagnetic compatibility of technical means” (TR CU 020/2011) before being released for circulation the low-voltage equipment and technical means targeted by the technical regulations TR CU 004/2011 and TR CU 020/2011 must undergo confirmation of conformity to the requirements of TR CU 004/2011 and TR CU 020/2011 respectively.

In addition we point out that item 5 of the Protocol specifies that assessment of conformity for the products released for trade to the requirements of the technical regulations of the Union shall be performed before their release for trade.

This being stated, the complementary parts and spare parts for the finished products are subject for conformity assessment to the requirements of the technical regulations of the Union, in case where such requirements are provided for by the technical regulations of the Union, applicable thereto, at that, the conformity assessment shall be performed before release for trade, i.e. before import of the products to the territory of the Union’s member-states from the territory of the third countries.

Pursuant to item 2 of article 53 of the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter Treaty, Union respectively) the products, in which respect the technical regulation (technical regulations) of the Union came into force shall be released for trade in the territory of the Union provided that such products underwent necessary compliance confirmation procedures prescribed by the technical regulation (technical regulations) of the Union.

Item 4 of the Protocol on technical regulation within the Eurasian Economic Union (Annex 9 to the Treaty) (hereinafter the Protocol) establishes that in order to conduct researches (tests) and measurements when assessing compliance of the facilities targeted by the technical regulation with the requirements of technical regulations of the EEU, the Commission approves the list of international and regional (interstate) standards, and in case they are unavailable - the national (state) standards containing rules and methods of researches (tests) and measurements, including the rules of sampling required for the application and enforcement of the technical regulations of the EEU and the implementation of conformity assessment of facilities targeted by technical regulation.

Pursuant to item 1 of article 51 of the Treaty one of the principles of the technical regulation within the Union is the unity of the rules and methods of researches (tests) and measurements during the mandatory conformity assessment procedures.

With the purpose to fulfill the above principle, the conformity assessment of the facilities targeted by the technical regulation to the requirements of the technical regulations of the Union shall be executed using the standards included in the lists of international and regional (interstate) standards and in case they do not exist – national (state) standards, containing rules and methods of researches (tests) and measurements, including the rules of sampling required for the application and enforcement of the requirements of the technical regulations of the EEU and implementation of conformity assessment of the facilities targeted by the technical regulation, approved in the established procedure.

In addition, the Treaty, international agreements and acts of the Eurasian Economic Commission, which constitute the law of the Union in the sphere of technical regulation, do not provide for approval of the separate procedure establishing the mechanisms for researches (tests) when carrying out the products conformity assessment to the requirements of the Union’s technical regulations.

In accordance with subitem l) of item 6 of the Rules for the certificate of conformity execution, approved by the Decision № 154, in the box 12 “Additional information” it is required to specify identification and name of the standard included in the list of international and regional (interstate) standards and in case they are unavailable – national (state) standards as a result of application of which on a voluntary basis the compliance with the requirements of the technical regulation (technical regulations) (hereinafter the List) is ensured, or name of sections (items, subitems) and name of such standard itself, if compliance with the requirements of the technical regulation (technical regulations) can be ensured by application of specific sections (items, subitems) of that standard and not the standard as a whole (in case they are applied) as well as the details on other standards and documents (if they are applied), storage conditions and terms (in cases provided for by the technical regulations), service life (workability) or the details on the operation life of the products (in cases provided for by the technical regulations) and any other information (if available).

In case of application of the standard or other document not included in the List, in the box 12 “Additional information” of the certificate of conformity one has to specify identification and name of such standard or any other document.

Similar requirements shall be applied to box 8 of the declaration of conformity.

Pursuant to the provisions of article 51 of the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter, respectively – Treaty, Union), which took effect from January 01, 2015, one of the principles of the technical regulation within the Union is to establish uniform mandatory requirements in the technical regulations of the Union or national mandatory requirements in the legislation of the member-states of the Union to products included in the uniform list of products to relation of which the mandatory requirements within the Union are set out.

At present, considering the provisions of item 2 of article 99 of the Treaty, the Uniform list of products is in force, to relation of which the mandatory requirements within the Customs Union are set out. The List is approved by the Decision of the Customs Union Commission of January 28, 2011, № 526.

List of adopted and effective technical regulations of the Union (Customs Union) in accordance with the above uniform list is posted on the official website of the EEU Commission (hereinafter Commission) in Internet in the section “Technical regulation”.

We note that the scope of application is specified in all the adopted technical regulations of the Union.

Pursuant to item 2 of the Protocol on technical regulation within the Eurasian Economic Union (Annex 9 to the Treaty) (hereinafter the Protocol) for the purpose of attributing the products to the field of application of technical regulation of the EEU and determining conformity of products to the technical documentation for these products it is required to carry out the products identification procedures.

Rules for identification and set of people, who perform products identification, can be determined in the technical regulations of the Union.

Also, we would like to note that pursuant to item 5 of the Protocol the forms, schemes and procedures of conformity assessment are set out in technical regulations of the EEU based on the typical schemes of conformity assessment, the provision for application of which was approved by the Decision of the Customs Union Commission of April 07, 2011 № 621.

According to the typical schemes of conformity assessment, in certain cases, e.g. during certification as per scheme 3c, the certification authority shall carry out identification of the applicant’s batch of products.

The accredited authorities for conformity assessment (including the certification authorities, test laboratories (centers)), which perform conformity assessment to the requirements set out by the technical regulation of the Union, are included in the Union’s uniform register of authorities for conformity assessment posted on the official website of the Commission in Internet in the section “Technical regulation”.

Please, also be advised that the works related to identification do not fall within the powers of the Commission according to the Treaty and international agreements within the Union.