Mandatory certification is a form to confirm the conformity of goods. Until recently, it was the main one in this process nationwide. Later, the declaration of conformity became the main form of confirmation of conformity. However, certification has remained one of the types of implementation of this procedure, and is used not only to confirm national standards, but also within the framework of the Customs Union to ascertain the fact that the products comply with the requirements of the technical regulations of this organization.
Legal basis
Any action should have a legislative base. For mandatory certification, this is the Federal Law "On Technical Regulation". This procedure is carried out either in accordance with the national certification system GOST R, or with technical regulations of the TS.
Unlike the declaration of conformity, which is mainly carried out by the manufacturer itself, mandatory certification is carried out by a third party independent of the first two (seller and buyer), namely, accredited bodies for the implementation of this procedure.
Mandatory certification objectives
It is carried out to confirm the conformity of goods with safety and quality requirements. These products can be in circulation both on the territory of Russia and on the territories of states. If interstate standards are valid in all countries that are members of the Customs Union, and there is no adopted technical regulation for certain goods, then for their implementation it is enough to confirm their compliance with these standards.
In the case of technical regulations (TR), they have an advantage over the last named documents, therefore, for circulation within the CU, it is relevant to conduct mandatory certification for the requirements of the CU TR.
What is subject to the conformity confirmation form under consideration?
Not all types of products are subject to mandatory certification. This provision is reflected in the lists of products subject to various forms of confirmation of compliance. There is a separate list for declaration and a separate one for mandatory certification. This list is dynamic and periodically updated by the Government of the Russian Federation.
Currently, it does not include food products. They go through the declaration procedure. The list of products subject to compulsory certification is published on legal portals, which is periodically updated with changes made to this document by the Government of the Russian Federation.
In it you can find:
- various equipment;
- goods for kids;
- transport and supplies for him;
- electric tools and appliances for domestic purposes;
- tobacco products;
- some other products.
With each update of this list, it is reduced, since the list of mandatory certification is gradually moving into the list of declarations.
Confirmation of conformity in the form on the requirements of TR
Products subject to mandatory certification for compliance with TR requirements must comply with those set forth in this document. It also contains the chapter "Confirmation of conformity", which sets out the requirements for the process of organizing the process in question.
These include the following points:
- what is necessary to submit a package of documents to the submitted application for the implementation of the mandatory certification procedure;
- Which certification scheme should I choose?
- what tests should be carried out;
- Is monitoring of production conditions necessary?
The certification scheme may provide for periodic inspection control, which should confirm the safety of products that have already passed the procedure of the phenomenon in question. If the product complies with the regulatory requirements of the TR, then marking is applied on it, including a sign of circulation in the market. If certification is carried out for compliance with the safety indicators of the TS TS, the goods are marked with a single sign of circulation in the TS "EAC".
Standards Certification
Compulsory certification also applies to those goods whose requirements are not reflected today in TR CU. In this case, this procedure is carried out in accordance with the Decree of the State Standard of the Russian Federation of 1994. This document establishes a single certification procedure for both voluntary and mandatory product certification.
When implementing this procedure, the goods must:
- identify, that is, determine its classification affiliation, determine its origin, compliance with regulatory and technical requirements, etc .;
-
analyze whether the safety requirements for this product have been complied with.
Certification Schemes
At different times, there was a different number of similar schemes, which had a different designation. They mean actions that must be performed by all participants in the process in question. TR CU currently provide for 9 mandatory certification schemes. There are certain similarities between them and the schemes adopted in the Russian Federation as national ones, however, after the TP TS comes into effect for a certain product, that Federal Law “TR ...” ends.
Certification Principles
They are fixed at the legislative level and include the following provisions:
- certification procedures are available to all interested parties;
- forms and schemes of this type of confirmation of conformity are defined in the corresponding TS of the TS;
- the costs of manufacturers and / or importers for the implementation of the procedure in question should be minimal, as well as the timing of its implementation; voluntary certification is mandatory prohibited (this form began to be actively used after some of the products from the list of subject to mandatory certification passed to the list to be declared);
- It is also forbidden to substitute the mandatory form of voluntary;
- protecting the interests of applicants for certification tests in terms of the information that was obtained in the implementation of the latter about manufacturers and / or importers.
Rights and obligations of manufacturers and / or importers
It is these individuals who can declare certification tests of a product.
Rights in the implementation of mandatory certification are:
- independent choice of form and certification scheme in accordance with the requirements of the TR, based on their own preferences;
- filing an application with a selected accredited certification body for this type of product;
- filing a complaint about unlawful acts of certification bodies or testing laboratories, which must also be accredited;
- the use of appropriate technical documentation in order to confirm the conformity of the declared goods with the TR requirements.
Duties:
- release of products in compliance with the requirements of relevant regulatory and technical documents;
- shipping documents must contain information about the mandatory certification carried out for those goods for which it should be carried out;
- issued certificates of conformity or fire safety must be provided to the relevant state authorities;
- if the certificate expires or its validity has been suspended or terminated, then the circulation of goods for which it was issued must be suspended;
- when making changes to technical documentation or production technology, it is necessary to inform the appropriate certification body;
- if the product does not pass the required certification procedure, then its manufacture must be stopped.
Documents on products issued with positive results of the mandatory certification procedure
First of all, these are certificates of conformity. They can be TS and GOST R. The first are issued during the implementation of the procedure to the requirements of the corresponding TS TS. The second issue for those goods from the Unified list, which have passed mandatory certification. In addition, the fire safety certificate is issued for products that are defined in this list, as well as the Federal Law “TR on Fire Safety Requirements”.
Finally
Thus, the list of goods subject to mandatory certification is established in a special document of the Government of Russia, as well as in the TR CU for the relevant types and names of products. The number of products subject to this procedure is periodically reduced, most of it goes into another form of confirmation of conformity - declaration. Manufacturers and / or importers can choose their own certification scheme, depending on what is defined in the relevant documents.