DESCRIPTION OF THE RIGHTS AND OBLIGATIONS OF APPLICANTS
According to Article 28 184-FZ "On Technical Regulation" dd. 27.12.2002 "Rights and Obligations of the Applicant in the Field of Obligatory Conformity Assessment".
The applicant has the right to:
- choose the form and the scheme of conformity assessment, provided for certain types of products by the appropriate technical regulations;
- apply for the implementation of obligatory certification in any certification body whose scope of accreditation extends to products that the applicant intends to certify;
- apply to the accreditation body with complaints about illegal actions of certification bodies and accredited testing laboratories (centers) in accordance with the legislation of the Russian Federation;
- use technical documentation to confirm the compliance of products with the requirements of technical regulations.
The applicant is obliged to:
- ensure compliance of products with the requirements of technical regulations;
- issue products subject to obligatory conformity assessment only after such conformity assessment;
- indicate in the accompanying documentation information on the certificate or the declaration of conformity;
- submit to the state control (supervision) authorities for compliance with the requirements of technical regulations, as well as to interested persons, documents proving compliance of products with the requirements of technical regulations (declaration of conformity, certificate of conformity or copies thereof) or registration number of the certificate or declaration of conformity;
- suspend or terminate the sale of products if the validity of the certificate of conformity or the declaration of compliance is suspended or terminated;
- notify the certification body of any changes made to the technical documentation or technological processes of production of certified products;
- suspend the manufacture of products that have passed the conformity assessment and do not comply with the requirements of technical regulations, on the basis of decisions of the state control (supervision) authorities over compliance with the requirements of technical regulations;
- suspend or terminate the sale of products if the validity of the certificate of conformity or the declaration of conformity has expired, except for products issued in circulation on the territory of the Russian Federation during the validity of the declaration of conformity or the certificate of conformity, during the period of validity or service life of the products established in accordance with the legislation of the Russian Federation.
In addition, in accordance with the requirements of regulatory documents that govern the rules of work to assess/confirm the conformity of products.
The applicant has the right to:
- send to the certification body applications for the registration of declarations on product conformity and applications for products certification for performance of work with indication of the name of the goods, the volume and the desired time for performance of work;
- in case of need, submit to the certification body the originals of products conformity certificates to make certified copies;
- receive information on the progress of the execution of declared works.
The applicant is obliged to:
- fulfill the established requirements to the objects of conformity assessment that have passed the certification, as well as the requirements for the certification work;
- take the necessary measures to monitor compliance with established requirements for conformity assessment facilities, take the necessary measures to review complaints about certified products;
- provide to other persons copies of certification documents in accordance with the requirements of certification schemes;
- fulfill the established requirements of certification schemes with respect to the use of market access certification mark;
- register all complaints brought to the attention of the applicant concerning the fulfillment of requirements to the objects of conformity assessment, including the established certification schemes;
- submit complaints to the certification body upon request;
- take appropriate measures with respect to such complaints and any deficiencies found in conformity assessment facilities that affect compliance with the requirements for conformity assessment objects, including those established by certification schemes, document the actions taken;
- promptly inform the certification body of any changes that may affect compliance with requirements for conformity assessment objects, including those established by certification schemes;
- refer to the certification of products in the media in such a way as not to damage the reputation of the certification body, nor to make any statements regarding the conformity assessment of its products that the certification body considers deceptive or illegal;
- in case of need, apply to the certification body with appeals and claims in accordance with the rules specified on its website;
- provide necessary documents to the certification body for work execution;
- pay on time for the work of the certification body in accordance with the terms of contract concluded with the organization of contract.