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One certificate for several manufacturers

Sometimes major foreign corporations (hereinafter -  headquarters plants), which have a so-called "production facilities" in other countries, such as China, India, Vietnam, Turkey, etc., come to the Eurasian Economic Union market (EEU). In this case the applicant requests to issue a document on conformity assessment once all these plants, saying that the products is manufactured on them the same, that means the document can be issued a single. As a rule, in this case the products are often manufactured under one brand (trademark).

The question about mentioning brands in certificates is the topic of another article. We ask ourselves another question: Is there a legal basis to unite these plants in a single document on conformity assessment.

For different machines and equipment can be applied several technical regulations, such as technical regulations of the Customs Union TR CU 010/2011 "On the Safety of machinery and equipment" and TR CU 016/2011 "On safety devices, operating on fuel gas"«On the safety equipment of high pressure»(TR CU 032/2013). However, only Article 11 TP TC 010/2011 stipulates that "... the Appendix ... (and only to the certificate) is issued ... if is needed ...to specify some manufacturers, included in larger units with common conditions manufacturing of product....".

Is it possible to specify several manufacturers when completing the certificates? Pay attention that according to the Decisions of the Board of the Eurasian Economic Commission of December 25, 2012 № 293 the field 7 of the certificate shall contain the full name of the manufacturer, including the place of business, including the actual address - for a legal person and its branches, which produce products ... However, paragraph 7 of the Decision of the Board of EEC does not provide for an expanded information about the manufacturer in the appendix. Other words, the entire list of the branches manufacturer must be placed within the field 7 certificate!

In accordance with paragraph 2 of Annex 9 (Protocol on Technical Regulation of the Eurasian Economic Union) of the Treaty on the Eurasian Economic Union signed in Astana 29.05.2014, the term "manufacturer" means a legal entity or natural person registered as an individual entrepreneurs, including foreign manufacturers, engaged manufacturing or sales of product under his own name, and are responsible for its compliance with the technical regulations of the Union.

Note that according to the majority of European, US laws, EEC countries' legislation and, in particular, under Article 55 of the "Civil Code of the Russian Federation" dated 30.11.1994 N 51-FZ the representative offices and branches are not legal entities. List of branches according to the legislation of the Russian Federation is given in the Charter of the organization. And, if necessary, the name and location of branches can be specified in the certificate (or declaration) - The legislation stipulates this case.

However, the so-called "production facilities" that are registered in other countries (as opposed to the parent enterprise), often find themselves separate legal entities, operating in accordance with the legislation of the country in which they are registered, even working under the same brand (trademark). The applicant must provide to the certification body a legal document that the factory, which he considers as a branch, is not a legal entity, namely the separate division of the parent enterprise (legal entity) - the manufacturer.

Other words even if a common approach to the management of product quality (for a single quality management system), in our opinion, it would be wrong to combine several legal entities into one certificate in the field "Manufacturer". In the certificate is allowed to indicate the branches of the legal entity of the manufacturer only if these subdivisions are given in the Charter of the Company (or in the appropriate register). Otherwise, the distribution of one certificate for several legal entities (even united by one brand) will be a violation Certification Rules with the Certification body.

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