As of January 1, 2022, to place certain products on the market of the Republic of Serbia it is no longer required to provide the conformity certificate. However, the respective amendments to relevant by-laws raise several issues in that regard. Some of them will hopefully be answered in the following text.
On January 1, 2022, provisions of the Rulebook on Electromagnetic Compatibility (Official Gazette of the Republic of Serbia no. 25/2016 and 21/2020) and the Rulebook on Electrical Equipment Intended for Use within Certain Voltage Limits (Official Gazette of the Republic of Serbia no. 25/2016 and 21/2020) on the mandatory possession of product conformity certificateceased to apply.
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) (“the Products”), while the conformity certificate is a document proving that the Products meet the prescribed safety requirements.
This raises the following issues:
1. Is the conformity certificate necessary for the Products placed on the market of the Republic of Serbia prior to January 1, 2022?
Given that, pursuant to the respective rulebooks, it is necessary to provide the conformity certificate prior to the placement of the Products on the said market, the subjectcertificate will not be required only for the Products placed on the market starting from January 1, 2022.
According to the Rulebook on Electromagnetic Compatibility, placement on the Serbian market means the first supply, i.e., making of the Products available therein, for the purpose of distribution, consumption, or use within the commercial activity, with or without compensation.
2. Whether it will be necessary to provide another document instead of the conformity certificate?
In accordance with the subject rulebooks, to place the Products on the Serbian market, one needs to enclose a declaration of conformity, which obligation will remain in force after January 1, 2022.
The declaration of conformity is a document made by manufacturer of the Products, which certifies that the Products meet all relevant safety requirements, which is supported by appropriate documentation.
3. Does this change imply repeal of the Serbian Conformity Mark as well?
Under the Law on Technical Requirements for Products and Conformity Assessment (Official Gazette of the Republic of Serbia no. 49/2021), theSerbian Conformity Markis a mark proving that a product placed on the Serbian market conforms to the requirements of domestic technical regulations, given that such regulations envisage its placement.
Accordingly, the Law concerned stipulates the obligation for a manufacturer, its representative or importer to ensure labelling of products with appropriate conformity mark prior to their placement on the said market.
Therefore, provided that the prescribed requirements have been met, i.e., if the Products placed on the Serbian market meet the requirements set out by the Serbian technical regulation, in case such regulation provides for placement of the Serbian conformity mark, there is an obligation to use this mark, regardless of the fact that no conformity certificate was issued with respect to the Products.