Negative Decision
In the EEU, the procedure of obligatory product certification is regulated by various treaties and acts in the field of non-tariff regulation. EEU members also have right to expand the list of controlled goods by internal regulations. For instance, in Russia there is Federal Law №123 and others.
However, there are certain categories of goods that are not included in the approved lists of controlled products in the EEU and the Russian Federation.
To confirm the fact that there is no need for permits, the denial letter is issued. According to legal terminology, it is called the response letter, not the denial one.
Therefore, it is the negative decision on the application that should be considered the desirable result.
Practically, such a document is required for the seamless movement of goods across the customs border.
The document has a referential nature. It is issued based on the results of the requirements comparison on the goods certification.
If the products are not subject to the requirements for mandatory registration of permits, a negative decision on the application for certification will confirm the following fact if questions arise.
How to Get It?
The applicant provides various documentation papers about the goods. Specialists identify products as objects of mandatory evaluation. They determine whether such products fall within the scope of the legal acts of the EEU and the Russian Federation.
The information should contain the following elements:
- Name and contacts of the Applicant's company.
- Name and contacts of the Manufacturer's company.
- Date of issue and registration number of the decision.
- Name of the goods, their HS codes.
- The list of technical documentation that was used for the production in case of a Russian manufacturer.
- Motivated refusal to certify with an indication of the regulatory framework.
Negative decision on an application has no expiration date. It is considered valid until there are changes in requirements for obligatory conformity assessment.
List of Required Documents
In order to get a negative decision an Applicant should submit a package of documents, which in fact does not differ from the standard set of documents for certification.
Set of documents for certification of Russian products and Customs Union:
- Certificate of registration with the tax inspection (rus. – ИНН) and certificate of registration.
- First three and last pages of the company’s Articles of Incorporation.
- Lease or ownership agreement for production facility(-ies).
- Company's Requisites;
- Lists of regulatory documents, for compliance with the requirements of which the products were manufactured.
- Data on previously issued certificates of conformity and test reports (if any).
- Technical Documentation.
Afterwards, the set can be supplemented by specific information about the product.