Your legal address has changed. Is it possible to use existing conformity assessment documents, such as, for example,declaration of conformityorcertificate of conformity?
Let's consider this case and try to figure it out. In accordance with Article 6 of the TC CUcustoms authoritiesensure compliance with the established in accordance with the lawThe EAEUprohibitions and restrictions on goods transported across the customs border of the EAEU.
The customs authorities, in accordance with the provisions of Article 111 of the TC CU, check the documents and information provided during customs operations in order to establish the reliability of the information, the authenticity of the documents and (or) the correctness of their filling and (or) registration. Verification of the reliability of information is carried out by comparing them with information obtained from other sources, analyzing customs statistics, processing information using information technology, as well as other methods not prohibited by the customs legislation of the Customs Union.
Thus, declarations of conformity, certificates of conformity containing false information at the time of declaration of goods are not documents certifying compliance of products (goods) with mandatory requirements within the EAEU.
In accordance with subparagraph 1 of paragraph 1 of Article 195 of the Customs Code of the Customs Union, the provision to the customs authority of valid certificates, permits and other documents necessary for the release of goods in accordance with the Customs Code of the Customs Union and (or) other international treaties - member states of the Customs Union, is one of the conditions for the release of goods.
Consequently, the identification of documents containing false information during customs control is the basis for refusal to release goods.
And what does the Department of State Policy in the field of technical regulation and ensuring the uniformity of measurements of the Ministry of Industry and Trade of Russia think about this?
In accordance with the provisions of the EAEU Treaty of 29.05.2014, when assessing compliance, the applicant may be a legal entity or an individual registered in the territory of the EAEU member State in accordance with its legislation as an individual entrepreneur.
According to the norms of Federal Law No. 129-FZ dated 08.08.2001. "On State registration of legal entities and individual entrepreneurs" the moment of state registration of legal entities and individual entrepreneurs is recognized by the registration authority of the relevant entries in the unified state register of legal entities or the unified state register of individual entrepreneurs, including information about the place of residence of the individual entrepreneur and the address of the legal entity. At the same time, in the event of a change in the location of a legal entity or a change in the place of residence of an individual entrepreneur, appropriate changes are made to the relevant state registers by the registering authority, which are reflected inextract from the Unified State Register of Legal Entities from the Unified State Register of Legal Entities.
Uniform forms of conformity assessment documents and rules for their registration are approved by the Eurasian Economic Commission.
In accordance withBy the decision of the Board ECE No. 293 dated 25.12.2012the documents on conformity of products must contain the full name of the applicant, including information on the state registration of a legal entity or an individual registered as an individual entrepreneur, the location, including the actual address, for a legal entity or place of residence for an individual registered as an individual entrepreneur, as well as telephone, fax, e-mail address mail.
Also, according to the regulation on the formation and maintenance of the Unified Register of issued certificates of Conformity and registered declarations of conformity, approved by the Decision of the CU Commission No. 319 of 18.06.2010 "On Technical Regulation in the Customs Union", information on certificates of conformity and declarations of conformity are entered by authorized bodies in the national parts of the unified register on the basis of the decision to issue a certificate conformity or declaration of conformity. At the same time, this information must contain, among other things, the name, location and actual address of the applicant.
Let us clarify that the declaration of conformity and the certificate of conformity have equal legal force.
To sum up: when changing the address of the location of a legal entity or the place of residence of an individual entrepreneur who is an applicant, it becomes necessary to issue new documents on the conformity of products with reliable data of the applicantto avoid misleading consumers.