Certification of imported goods in Ukraine
Certification is a procedure under which the third party gives a written guarantee that goods, process or services meet the state requirements.
The certification system is a system of rules, procedures for carrying out of certification of conformity.
Goods certification is carried out by representatives of certification bodies for the purpose of prevention of sale of goods dangerous to life, health and property of citizens and environment; assistance to the consumer in a competent choice of goods; creation of conditions for participation of subjects of enterprise activity in the international economic scientific and technical cooperation and international trade. (Decree of Cabinet of Ministers of Ukraine from 10.05. 93 N 46-93 "On standardization and certification").
The state system of certification is created by the State committee of Ukraine on standardization, metrology and certification - national body of Ukraine on certification which co-ordinates work concerning maintenance of its functions (defines main principles, structure and rules of system of certification in Ukraine; confirms lists of goods subject to obligatory certification and defines terms of its introduction; appoints bodies for goods certification; accredits bodies for certification and test laboratories (the centres), certifies experts-auditors; establishes rules of a recognition of certificates of other countries; conducts the Register of the state system of certification; etc). Certification is divided on obligatory and voluntary.
1. It is carried out on conformity to obligatory requirements of standards exclusively in the state system of certification.
2. Obligatory certification in all cases should include check and test of goods for definition of its characteristics and the further technical supervision of certificated goods.
3. Tests for the purpose of obligatory certification should be carried out by the accredited test laboratories (centres).
1. It can be carried out on conformity of goods to requirements that are not mentioned in legislation and in obligatory requirements, at the initiative of the manufacturer, the seller, the consumer, bodies of the state executive power, public organisations and separate citizens on contractual conditions between the applicant and body on certification.
2. Rules of voluntary certification established by bodies of the voluntary certification, showing to the State committee of Ukraine on standardization, metrology and certification the information for their registration in the order established by Committee.
Cost of all works for goods certification is paid by the applicant on contractual conditions.
Main principles and general rules of certification system
Certification provides acknowledgement by the third party of indicators, characteristics and properties of goods of processes and services on the basis of tests, certifications of manufacture and certification of systems of quality. As the third party can act: National body in certification affairs; the central body in certification affairs; territorial body in certification affairs; experts-auditors; persons who have incurred functions of legal body on voluntary certification; test laboratories. The system intended for carrying out of obligatory and voluntary certification of goods, processes and services. Certification on conformity to obligatory requirements of standard documents and to the requirements, provided by operating acts, is carried out exclusively in System. On certificated goods in System, the certificate of conformity is issued.
The conformity certificate - document which issued by rules of certification system which specifies that goods meet the state standards.
Certification of imported goods
Order of carrying out of certification of goods:
Presentation and consideration of the demand for goods certification;
The analysis of the given documentation;
Decision under the demand with instructions of the scheme (regime) of certification;
Certification of goods which will be certificated or certification of system of quality if it is provided by the certification scheme;
Selection, identification of product samples and their test;
The analysis of the received results and decision-making on possibility of delivery of the certificate of conformity and granting licence;
Delivery of the certificate of conformity, granting of licences and entering of certificated goods in the System Register;
Recognition of the certificate of the conformity which has been issued by foreign body;
Technical supervision of certificated goods during its manufacture;
The information on results of works on certification.
The scheme (regime) of certification of goods is defined by body on certification. The choice of the scheme (regime) depends on a kind of goods, its quantity, a condition of manufacture and other initial data. By positive results of tests, in the test laboratory accredited in System, such kinds of certificates can be issued:
The certificate for an individual product;
The certificate for a shipment of goods (on the basis of positive results of tests of product samples (products), selected from shipment);
The licence for the right of application of the certificate for goods which is made serially during the term established by the licence (issued by body on certification and includes inspection of manufacture or certification of manufacture or certification of system of quality).
Certificates validity cannot exceed 3 years.
The basis for customs clearance of the goods, subjects of obligatory certification, is the certificate of conformity or the certificate on recognition of the foreign certificate or their copy, issued by the body of certification of Ukraine authorised by it on a concrete consignment of goods (goods), and also presence of the goods (goods) in the uniform register of goods certificated in Ukraine. The certificate or the certificate on recognition together with customs declaration and other documents necessary for customs clearance of the goods, is given to customs body in which zone of activity the addressee of the goods stays. The certificate is considered valid under condition of inscription "Import to Ukraine is authorised". Number and date of delivery of the certificate of conformity or the certificate on recognition are specified in customs declaration. Failure to provide certificate of conformity of the goods or the certificate on recognition, the goods should be taken out off limits of Ukraine.
Decision of the Cabinet of Ministers of Ukraine from 04.11.97 N 1211 "On order of customs clearance of the import goods, subjects of obligatory certification in Ukraine" the mechanism of customs clearance of the import goods which are subject to obligatory certification in Ukraine is defined and are imported on customs territory of Ukraine by subjects of enterprise activity for the purpose of their sale. According to the Order, the goods which are imported are not subject to obligatory certification:
As a gift;
In a regime of time import (export);
As the humanitarian and technical aid;
For carrying out of exhibitions;
On bonded warehouses;
In a regime of import for the further re-export.
According to item 4 of the Law of Ukraine from 17.07.97 N468/97-ΒΠ "On state regulation of import of agricultural goods", under obligatory certification all foodstuff, food raw materials and accompanying materials which are imported to Ukraine "the basis for moving through customs border of Ukraine of goods of 01-24 groups of the Commodity nomenclature of foreign trade activities are the certificate of the conformity issued by authorised body of certificate or on a recognition of the foreign certificate". Conformity certificates on these goods are given to customs bodies in frontier points. A series and number of the certificate of conformity, and also date and number of its registration in the Register of System of certification are specified in declaration.
Generally, for reception of the certificate of conformity the exporter of the goods to Ukraine should have following documents:
The goods contract on delivery to Ukraine;
Transport documents by the shipper;
The hygienic certificate or hygienic conclusion;
The certificate of quality from the enterprise-manufacturer;
The certificate of an origin published by commercial and industrial chamber of the country-exporter;
The veterinary certificate from the Ukrainian body;
The phytosanitary certificate from body of quarantine inspection of the Ministry of Agriculture;
The test report from the accredited laboratory;
The demand for certification in UkrSePrO system.
Recognition of foreign certificates
The exclusive right of a recognition of results of certification of goods abroad (delivery of the certificate of recognition) on conformity to obligatory requirements of domestic standards belongs to the competence to Gosstandart. Rules and order of a mutual recognition of the certificates issued by bodies of certification of other states, are carried out on the basis of acknowledgement of conformity of goods to the requirements established by the legislation, the international, national standards of the country of the exporter, operating in Ukraine on the basis of the international agreements on a recognition of results of certification or decision on their recognition. At present the body of certification can grant the certificate on a recognition of the certificate registered in National systems of certification of Belarus, Armenia, Georgia, Moldova, Russia and Uzbekistan.
If with the country of the exporter (manufacturer) such agreement is not signed, the recognition occurs by positive results of standard procedure of certification in System UkrSePrO.
In case of absence in UkrSePrO certification System of any of goods the specified documents are shown in Gosstandart of Ukraine. Gosstandart appoints the organisation which will carry out works on certification or recognitions of results of foreign certification.
Copyright. Marketplace UkrRos LLC (http://www.kpl.net.ua). This is only a brief overview of legislative requirements. Recognizing that many complicated factors may be involved in a particular transaction, a legal entity or private person is to consult a suitably qualified professional regarding any specific problem or issue. If you want additional information, please do not hesitate to contact us at firstname.lastname@example.org