LawRegulatory Compliance

Certificate of compliance with the technical regulations. Declaration of conformity

The TP certificate is a document that confirms the conformity of goods to certain requirements, in accordance with the approved Technical Regulations. These products are marked with the appropriate sign. Let us consider in more detail what the essence of this document is.

Concept of Technical Regulations

In Russia, for a long time, the main proof of quality was compliance with the requirements of the GOST R system. However, at present it has lost its former strength, and technical regulations are being developed in exchange for it.

This document is a normative legal act, in which requirements that are mandatory for implementation are approved. The federal law "On Technical Regulation" has been adopted, which coordinates this issue. According to him, the objects covered by its operation are works, services, organizational systems, buildings and structures, products and others.

Only Technical regulations are mandatory for execution. All other normative legal acts are voluntary.

Goals and objectives of regulations

The regulations are primarily aimed at security. In accordance with this task, they provide protection of life and health of people, animals and plants, the environment and property. In addition, they provide energy efficiency and prevent consumer fraud.

There are TRs national and Customs Union. The certificate of compliance with the Technical Regulations should be carried out in relation to:

  • Harmful emissions by road, river, sea transport and from the operation of equipment in different fields of activity;
  • Food products;
  • Tobacco products;
  • Gas networks, as well as equipment operating on gas.

For other purposes, TPs are not accepted.

TP TS instead of GOST R

In 2010, the development of national regulations was suspended, as it was decided to gradually replace them with the TR for the Customs Union. The received certificate of compliance with the Technical Regulations for the TC is currently valid on the territory of all participating countries, and it must be issued only once.

In 2011, it was decided to adopt the decision of the CCC under the number 563. According to the document, a uniform form of the certificate of conformity and declaration on the territory of the CU was approved. Then, by the Decision no. 711, a single sign of circulation (EAC) was approved. Since 2014, it has become mandatory for goods covered by the Technical Regulations.

Active start of activity

In 2011, the most important TRs for the Customs Union were developed. They contain 47 object groups with a similar number of lists. Following the development in a short time, the requirements for pyrotechnic products first came into effect, and after that children's toys, cosmetic and perfume products, light industry for children of adolescents and adults, and then the rest.

The development of the TR is based on existing national documents. But each of them nevertheless passes all stages of coordination. After all, in different countries in the Technical Regulations may contain different requirements for safety and quality, which, at times, contradict each other.

Certificate of compliance with the Technical Regulations of the Customs Union

Since the beginning of the TR TS program, this document has become necessary along with a declaration of conformity. The certificate of compliance with the Technical Regulations of the Customs Union is obtained only in those bodies that have accreditation for carrying out the corresponding actions, as well as permission to issue such documents. In addition, they must be included in a single register of certification centers. The registration of the vehicle's certificate is carried out by the provision of test reports conducted in the relevant laboratories. But, some schemes allow the receipt of a declaration of conformity without having to provide test reports.

Declaration of Technical Regulations

This type of document has the same legal effect as the certificate. They are satisfied with the fulfillment of all the conditions of the Technical Regulations concerning the products. The difference from the certificate in this case is that the applicant is responsible for everything stated in the declaration. This applies to both information and product safety. The certification body in this regard only checks the package of documents that the applicant provides to him, as well as the correctness of filling out the form. Based on this, the document is registered.

In addition, the declaration can be executed both on the basis of evidence presented by the applicant himself and by a third party. Participation of other organizations depends on what products are produced.

Some features

The validity of the certificate or declaration lasts up to five years. But according to Russian legislation, the deadline is only three years.

A company that is not a resident of one of the Customs Union countries has the right to draw up relevant documents. For the purpose of obtaining them, the seller, importer or manufacturer confirm compliance with the specified standards, which are included in the Technical Regulations.

Gradual introduction into action

Each TR of the Customs Union first starts functioning from a transitional period, when it is possible to produce goods, by presenting a previously issued RF TR Certificate of Conformity, or already on a newly created model. At the same time, exact terms are given, during which manufacturers and sellers must adapt to the new rules.

Getting a certificate

So, to obtain this document fill out a special form, which indicates the manufacturer and the applicant himself. Consider how to fill out the product conformity certificates.

In the item "products" designate the name, type and other information about the product. This is the type, model, brand, grade and so on. Then they write whether the product is an individual, a lot or a document is issued for serial production. The item "OK 005 code" consists of six categories, and "EKPS" - is filled only when the products are to be delivered under the state order. Not every certificate is filled with the item "HS Code of Foreign Trade of Russia". This is relevant only for imported goods.

Further, the full name and list of all protocols filled in as a result of research, measurement or testing are indicated. Immediately reported and applied certification schemes.

At the end, fill in the field "Requisites", which lists all documents provided by the applicant to the certifying authority. The forms must necessarily be signed by the expert and the head of the certification body.

Each document is entered in the Register of Certificates of Conformity to the Technical Regulations.

The declaration is made on the basis of the submitted documents by the applicant, but the registration itself is carried out only by the body that is authorized to conduct such actions, that is, it has accreditation.

Scheme

For each TP there is a scheme for confirming compliance. They are chosen taking into account the degree of product danger, the sensitivity of the given indicators, the adequacy of the evidence base and the status of the applicant. Let's consider in what cases these or those schemes are applied.

  • 1-5, and also 8-12 are used in the production of products, if the applicant is a manufacturer or a person who performs his functions.
  • 6 and 7 are applied when the document is received for a separate lot or a unit of goods, if the applicant is the manufacturer, his trustee or seller.
  • 1 and 2 are used for such products, which are insensitive to changes in the circumstances of production. In another case, it is better to use the schemes under numbers 3, 4 and 5.
  • 4 and 5 are also used for one-time operations. And the choice between them depends on the degree of sensitivity of the product and the value of this factor for safety.
  • 5 is considered a more serious scheme, but it is not universal.
  • 6 and 7 are used for products purchased abroad, if there are no product conformity certificates. They can, for example, be used for one-time delivery.
  • 8, 9, 10 will suit when it is impossible or difficult to check the finished product. They will also be required if there is a large potential danger in goods.
  • 11 and 12 will be required for innovative technologies and complex products.

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