Declaration of conformity is a special form designed to confirm quality. This is a kind of certificate that is issued for goods that have been evaluated for compliance with the main technical criteria.
Declaration of Conformity
Mandatory product certification is carried out using the declaration of conformity. This aspect was foreseen a very long time ago with the help of the provision in the Law on Certification and Decree of the Government of the Russian Federation of July 7, 1999 No. 766.
The declaration of conformity is subject to goods that include a single list of products. The procedure for making a declaration and the particulars of registration may also vary slightly, however, employees usually act according to the established procedure. The listed documents are relevant to this day.
Recently, in connection with significant changes in the legislation, a tendency has been shown that it can be seen that the need for mandatory certification of products is gradually decreasing, since about 20% have dropped out of the list of certification and can be distributed without additional papers at the moment.
Clause 3 of Article 46 of Law No. 184-FZ indicates that the Government of the Russian Federation has the ability to constantly supplement and update the list of products for which mandatory certification is provided. Also, products are constantly being added that are subject to declaration of conformity, which does not need to receive a certificate, since this paper must be replaced. This procedure is performed in accordance with a predetermined order in Law No. 184-FZ.
Product declaration schemes
Declaration can be made in two ways. Usually an instant decision is made about which method to use. The list of schemes for declaring:
- The adoption of the document, which is the declaration of conformity, using as a basis its own evidence base of compliance.
- Adoption of a provision providing for the declaration of conformity on the basis of evidence of one’s origin, as well as confirmation received from a special body or accredited laboratory, center, that is, a third, almost intermediary party.
- The applicant often acts as a legal entity upon declaration. It must pass all the preliminary registration procedures, that is, be fully legally competent. An applicant may also be an individual, if he is registered as an individual entrepreneur, having gone through the full procedure in accordance with the laws of the Russian Federation, which requires mandatory declaration of conformity.
In this case, the person must be one of the following representatives:
- By the seller.
- By the manufacturer.
- A person who bears the responsibilities of a manufacturer from a foreign country.
Declaration Features
In legislative acts it is impossible to find a concept that reflects the last of the listed items, that is, a person who plays the role of a foreign manufacturer. To understand what this person is, you can only use article 24 of Law No. 184-FZ.
Usually this is a person who is liable for the exact compliance of the supplied products of manufacturers located in the territory of a foreign country with all technical standards and regulations.This is the person who is responsible for compliance with this compliance, and responsibility is automatically assigned to him, which occurs when any violations are detected.
This entity carries out all necessary actions only under an agreement with foreign manufacturers. This norm is not always used in real life, so you need to pay close attention to it.
Product Specifications
Technical regulations are developed specifically to establish a specific circle of applicants. Sometimes the declaration of conformity is established taking into account a third party, which is displayed in the technical regulation only if the conformity cannot be confirmed without active actions from this entity.
Declaration Schemes
In article 24 of Law No. 184-FZ, you can find characteristics that indicate the features of using special declaration schemes. Separately, attention should be paid to paragraph 2 of this article, since it specifies the features of the declaration of conformity, if only own evidence is used.
When this scheme is used, the applicant is obliged to independently generate and provide information that is evidence of the conformity of products to the entire list of provisions put forward by the technical regulation. Depending on the specific technical requirements, restrictions are placed on the main body of evidence, which indicate compliance of the goods with the specified criteria.
How is evidence applied?
Evidence base materials can be used for such varieties:
- Documentation of a technical nature.
- Own measurement or research results, as well as independent testing with recorded results.
- Other documents of importance and mandatory for determining the conformity of products with the basic technical requirements specified in the regulations.
- If reference to other documents is mentioned, this means that the above list is not the only one, therefore, clarification of certain securities is required. If the document is recognized as a motivated basis by which it is possible to confirm the conformity of the product, then the evidence is admissible and after clarification can be accepted.
Clarifications when issuing a certificate of conformity
Paragraph 4 of Article 46 of Law No. 184-FZ indicates the main aspect. Until certain technical regulations come into force, only those persons who draw up a document confirming the mandatory certification and declaration of conformity for their own products that they manufactured, as well as persons who are foreign manufacturers, can provide their own evidence base for declaration.
Paragraph 3 of Article 24 of Law No. 184-FZ describes the features of self-declaration of products, as well as the use of data received from third parties. If this scheme is chosen, the applicant must provide not only his own evidence, but also additional evidence, which also needs to be formed in the order that was provided for 1 scheme, which determines the procedure for declaring compliance.
What to consider?
There are such norms:
- It is necessary to include in the list of evidence documentation those papers that were received from an accredited laboratory or similar organization, telling about the characteristics of the goods and giving evidence of their compliance with the standards established by law.
- Be sure to provide a certificate that reflects the entire quality system. Separate control takes place on it, in other words, the supervision of the special body to which the given paper is issued for the person who received it.
Key Points
Paragraph 4 of Article 24 of Law No. 184-FZ states that a certificate of a quality system is allowed to be used as evidence in the preparation of a declaration of compliance with the quality standards of absolutely any product that is subject to this procedure. There are exceptions, however, these are only those cases for which, with the help of technical regulations, a different kind of drawing up a form of conformity to quality and technical standards was provided.
Paragraph 5 of Article 24 of Law No. 184-FZ outlines the basic requirements that apply to the main content of the declaration of conformity. This document is subject to execution exclusively in Russian, and the following information is also mandatory in it:
- Basic information about the applicant and designation of his permanent location. Usually indicates head office information.
- The name of the manufacturer and distributor of the product.
- All kinds of information about the facility, which carried out a check for compliance of the products with the basic requirements, so that this person could be easily identified.
- The name of the technical regulation, which indicates the points of compliance with the norm for a particular product.
- Link to the scheme that was used in the declaration of conformity.
- A statement indicating the complete safety of products.
All information on the declaration must be stored until its expiration date, and then wait another 3 years. When all information is provided correctly, a certificate of compliance can be obtained without any problems.