For importers · February 16, 2026
Certificate or declaration: how to understand what your product needs
How the forms of conformity confirmation differ, and who chooses the right one.
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8 min
A technical regulation consists of requirements and annexes. It is the annexes — the product lists — that answer the main question: whether a document is needed and which one exactly.
How the lists are built
The typical structure of the annexes to a regulation
01ScopeWhich products the regulation covers at all
02List for declarationProducts confirmed by a declaration
03List for certificationProducts that need the participation of a body
04ExclusionsWhat is directly excluded from the scope
Read in this order: first the scope, then the exclusions, and only then the lists.
Where mistakes are made
A common approach
- They look for their HS code (TN VED) in the list and stop there
- They do not read the exclusions from the scope
- They take the list from an old edition of the regulation
A more reliable way
- They compare the name and description of the product, and use the code as a guide
- They check the exclusions — your exact situation is often stated there
- They look at the current edition, with the amendments taken into account
The rule
If the description of the product in the list does not match your product, a match of the HS code (TN VED) proves nothing by itself. And the other way round: a product may fall under a regulation even if its code is not given in the list.
The order of checking
- Determine the expected code and the purpose of the product
- Find the regulations whose scope includes such a product
- Read the scope and the exclusions
- Find the item in the list for declaration or for certification
- Record which form of conformity confirmation follows from the list
What to do with the result next — in the article on the forms of confirmation, and how to choose a scheme — in the analysis of assessment schemes.
Three lists that are easy to confuse
The word “list” in this field means at least three different documents, and confusion between them is the source of half of the mistakes.
| List | What it determines | Where to look |
|---|---|---|
| Scope of the regulation | Whether your product falls under a specific TR CU or TR EAEU | In the regulation itself, the article on the scope and the annexes |
| List of products subject to confirmation | The form: certification or declaration | The annexes to the regulation |
| List for customs purposes | Which documents customs will require by the HS code (TN VED) | Decisions of the Commission on the unified list |
The key point: the first two work with the type of product, the third with the HS code (TN VED). It is at the junction that situations arise when the code is in the customs list, but the product does not fall under the regulation. This is exactly the case when a refusal letter is needed.
The code is a guide, not a verdict
The codes in the lists are given “for the purposes of application” and for reference. The product description decides: if the code matched but the description did not, the requirement does not apply. The opposite is also true — a match by description is more important than a mismatch by code.
How to read the notes
The most valuable things in the lists are hidden in the notes and footnotes, and these are exactly what people skip.
- Exclusions. “Except for products for...” is a phrase that takes whole categories out of the requirement.
- Reservations on purpose. The same item for professional and household use may fall under different requirements.
- Age and weight limits. Especially in children's goods: “for children under three years” changes the form of confirmation.
- References to other regulations. “Except for products covered by TR CU ...” is a signal that you need to look in another document.
When there are several regulations
This is a normal situation, not a mistake. One product may fall under several regulations at the same time, and the document is issued at once for all the applicable ones.
- An electrical appliance — low-voltage equipment plus electromagnetic compatibility, often plus machinery and equipment
- A food product — the general safety regulation plus the specific one plus labelling plus packaging
- Children's clothing — the regulation on products for children, with the requirements of light industry applied
- Cosmetics in an aerosol — the cosmetics regulation plus the requirements for packaging
- Furniture with electrics — the furniture regulation plus the electrical ones
The check is simple: if your document names one regulation, but the product is obviously more complex, it is worth checking again. An incomplete list of regulations is a typical reason why a document formally exists, but not all the requirements are covered.
An order of work that prevents mistakes
- Describe the product without marketing: what it is, what it is for, what it is made of, who it is intended for.
- Determine the HS code (TN VED) — it is needed for the customs list, but not for the regulations.
- Go through the scopes of the regulations and select those that the product falls under by its description.
- Within each regulation, find the form of confirmation for your type of product.
- Check the notes and exclusions — especially on purpose and age.
- Compare with the customs list by code: it will show what will be asked at the border.
- A difference between steps 3 and 6 is exactly the case for a refusal letter, not a reason to ignore one of the requirements.
How the forms of confirmation differ from each other — in the article on the certificate and the declaration.
Check your product
Describe your product in plain words — the system will show the expected HS code (TN VED), the applicable regulations and the set of documents. Start the check.
