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Can I use the certificate and the declaration of conformity belonging to another person?

Some people very often ask us about whether it is possible to use a certificate of conformity issued by another entity (the other applicant)? They ask similar questions  regarding declarations. This need most often arises at placement batch production under the customs procedures (i.e., "customs clearance"). Normally, a certificate for a party or a single product contains specific details of shipping documentation, the contract for the supply, identify the signs of production, etc., so in this case there is usually no such need.

Since early 2000s it is considered that the certificate conformity on the serial products (serial production) is applied to the entire volume of products manufactured by certain manufacturer for a period specified in the certificate, regardless of the members of trade agreements or contracts for the supply of certified products.

And when products are shipped from the manufacturer, which often was an applicant for certification in the GOST R system or on requirements of technical regulations the Russian Federation, together with her the customs declarants gave some certificates of conformity, authenticated by the certification bodies, manufacturers. These documents were often taken by the customs services during the customs clearance of goods without special conditions.

After the technical regulations of the Customs Union came into force, it was published decision Collegium of Eurasian Economic Commission dated 25.12.2012 № 293, according to the provisions which copies of documents issued on conformity assessment if necessary, can be make by the applicant on white paper of format A4 (210 x 297 mm), are certified by his signature and stamp (for physical person registered as an individual entrepreneur - if it is available).

In addition, according to Article 29 of the  Federal Law № 184-ФЗ "About technical regulation", applicant or the applicant's authorized person represents a declaration of conformity or the certificate of conformity or documents on their recognition to the customs authorities together with the customs declaration. In this law there is no information about the one who may be authorized by that person, that is, most likely, it may be a legal or natural person.

Obviously, there must be a corresponding agreement concluded between the parties, one of which is stated in the certificate or a declaration by the applicant, and the other suggests putting the products under the customs procedure. The relationship between the legal entities areregulated by the Civil Codex (both in Russia and in other countries of EAEU).The result of such an agreement might be, for example, power of attorney for the right to use the certificate or other similar document, which will be provided to the customs authorities together with a stamped and signed copy of the certificate.

If a person imports the products specified in the certificate, without notice of the applicant, then presenting the "third-party's" document on the conformity assessment is unlawful. Indeed for the violation of technical regulation requirements the manufacturer (the person performing the functions of the foreign manufacturer) bears responsibility in accordance with applicable law.In addition, when confirming of conformity the applicant and / or the manufacturer probably incurred some financial costs. Therefore, for such a case the certification body "Test Engineering Ltd." recommends to get the power of attorney from the certificate holder (the applicant) before the "customs clearance" products.

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