Law No 1669-VQ dated 30 September 2019, On Technical Regulation, entered into force on 27 May 2020.
Decree No 863, dated 26 November 2019, of the President of Azerbaijan implementing the Law, entrusted the relevant authorities, including the Cabinet of Ministers, to ensure compliance of the acts in force with the new Law and adopt corresponding technical rules. On 17 July 2021, the Cabinet of Ministers adopted the rules related to the form, issuance, and use of the conformity certificate, conformity declaration, and the conformity mark and their registrations.
Under the rules, the conformity certificate is issued by the relevant accredited entity upon a request of a manufacturer, importer, or trade representative. The assessment of conformity shall be carried out upon manufacturing goods, before the goods are released into turnover, imported into Azerbaijan, or used by consumers.
High-Risk Merchandise
Under the Law, the conformity certificate is a document certifying the conformity of goods, associated processes and manufacturing methods with the legal requirements and applicable technical standards.
Only high-risk products shall be covered by the mandatory certification and require obtaining the certificate of conformity, while the medium- and low-risk products require a declaration of conformity issued by a manufacturer and approved by the relevant accredited body. While the technical rules do not define high-risk products, Law No 927-IIQ, On Telecommunications, requires such certification for telecommunication devices and equipment.
The Ministry of Economy is assigned to classify the goods into the risk groups according to their degree of danger on the basis of the criteria determined by the Cabinet of Ministers. Until then, high-risk products are assessed case-by-case depending on hazards posed for consumers' health and safety, environment, property, or public interests.
Procedures to Obtain and Recognise
The procedure to obtain the certificate of conformity is composed of multiple stages.
A manufacturer (importer or trade representative) shall apply to the relevant accredited entity responsible for assessment of conformity of goods, associated processes, and methods of manufacture. After all the necessary examinations and assessments are accomplished, the entity either issues the conformity certificate or rejects the received application. The decision providing for the conformity certificate is registered in the State Register under the Ministry of Economy and the conformity certificate is eventually communicated to the applicant (manufacturer, importer, or trade representative).
Pursuant to the Law on Technical Regulation, an importer holding the certificate of conformity issued abroad shall have it recognised by the Azerbaijani accredited entities before importation of goods. The recognition can direct through international agreements so providing for, which Azerbaijan is a party to.
Customs Clearance
The technical rules do not impose any special requirements on the customs authorities whose inspection of goods is limited to shipment documents and declaration accompanied by the supporting documents. The customs authorities neither require the presentation of the conformity certificate nor do they control that the goods are marked accordingly.
Marking
For products accompanied by the conformity certificate or the declaration of conformity, a conformity mark shall be affixed to the product itself, or if not possible to its packaging. The marking indicates that the goods meet the applicable technical standards and thus may be placed on the local market. The manufacturer places the relevant mark on the goods for which it has received the conformity certificate.
The technical rules describe the form of the conformity mark providing for associated drawings and explaining the use and the methods of procurement.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
