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Abolishment of Mandatory Product Conformity Certificate

Abolishment of Mandatory Product Conformity Certificate

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On January 1, 2022, certain provisions of Articles of the Rulebook on Electromagnetic Compatibility (Official Gazette of RS no. 25/2016 and 21/2020) ceased to apply, as well as of the Rulebook on Electrical Equipment Intended for Use within Certain Voltage Limits (Official Gazette of RS no. 25/2016 and 21/2020), which refer to the conformity certificate, i.e., its mandatory provision.

As a reminder, the abovesaid rulebooks refer to the equipment that may cause electromagnetic defects and/or whose operating features may be affected by such defects, and the electric equipment intended for use in the range from 50 V to 1000 V for alternating current and 75 V to 1500 V for direct current, with certain exceptions.

In addition, conformity certificate represents a document that proves that a product (device, i.e., electrical equipment) meets the prescribed requirements (i.e., significant requirements regarding the product safety).

The aforesaid rises several issues:

1. Does the abolishment of this obligation refer to the products placed in the market prior to January 1, 2022, or only to those placed after the said date?

Considering that, under the stated rulebooks, the obligation to provide conformity certificate refers to the moment prior to the placement of product in the market of the Republic of Serbia, conformity certificate will not be mandatory for products placed in the market starting from January 1, 2022.

Pursuant to the Rulebook on Electromagnetic Compatibility, placement in the market implies first supply to the Serbian market, i.e., any making of devices available in the market of the Republic of Serbia for the purpose of distribution, consumption, or use, within the trade activity, both with or without compensation.

2. Will it be necessary to provide another document instead of the conformity certificate?

In accordance with provisions of the respective rulebooks, in order to place a product in the market of the Republic of Serbia, one needs to possess and to enclose a declaration of conformity, and this obligation shall remain in force after January 1, 2022.

Declaration of conformity is a document made by the manufacturer (of device, i.e., electrical equipment), which certifies that the product meets all relevant safety requirements and has all necessary documentation in relation thereto.

3. Does the abolishment of conformity certificate also imply the abolishment of the Serbian conformity mark?

Under the Law on Technical Requirements for Products and Conformity Assessment (Official Gazette of RS no. 49/2021), the Serbian conformity mark is a mark proving that a product placed in the market or use in the Republic of Serbia conforms to the requirements of Serbian technical regulations, given that such regulation envisages its placement.

Accordingly, the regulation concerned stipulates an obligation for manufacturer, its representative or importer, to ensure the labelling of products with appropriate conformity mark prior to its placement in the market.

Therefore, if the requirements have been met, i.e., provided that the product placed in the market or for use in Serbia meets the requirements of the Serbian technical regulation, and if such regulation stipulates the placement of Serbian conformity mark, there is an obligation to use this mark, i.e., to place it on the product, regardless of the fact that no conformity certificate as to such product was issued by the appointed body.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.

By Lara Maksimovic, Senior Associate, PR Legal

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