AGENCE NATIONALE DE VERIFICATION DE CONFORMITE AUX NORMES (AVCN) EXPORTER AND IMPORTER GUIDELINES NCAP EXPORTER AND IMPORTER GUIDELINES

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1 NCAP INTRODUCTION The National Agency for Verification of Conformity to Standards (AVCN), a public administrative body of the Republic of Niger, has been tasked with the verification of conformity to standards of local and imported goods and services and technical regulations. To this effect AVCN has put in place a Niger Conformity Assessment Programme (NCAP). This involves conformity assessment and a process of verification of goods imported into the Republic of Niger, carried out in the country of export, in order to ensure their conformity to the standards and technical regulations applicable in Niger or to international standards. Intertek has been awarded a mandate by AVCN to carry out this verification of conformity and will operate in all export markets. All goods shipped to Niger are subject to the conformity assessment and must obtain a Certificate of Conformity (CoC). This certificate is a mandatory document for goods to clear customs in Niger; goods arriving in Niger without this document will be refused entry to the country. GENERAL DESCRIPTION OF THE NCAP REQUIREMENTS The National Agency for Verification of Conformity to Standards (AVCN) has been tasked with implementing government policy regarding standards. To this effect AVCN requires pre-shipment verification of conformity to standards for goods imported into Niger. In addition AVCN wishes to promote trade, minimise the possibility of fraud relating to imported goods and to ensure that goods imported into Niger conform to international, regional or Niger standards and/or essential requirements for consumer safety. To achieve its remit AVCN has introduced the NCAP in order to ensure that the conformity of all goods to the relevant international standards is verified before shipment to Niger. The principal objective of the programme is to ensure the quality of the goods, the health and safety of consumers and the protection of the environment. The key elements for the introduction of the NCAP are: Physical inspection of goods before shipment Sampling, testing and analysis in approved or accredited laboratories Audit of the manufacturing process Documentary review of conformity to standards Assessment of conformity to standards KEY PRINCIPLE OF THE PROGRAMME The key principle of the NCAP is to verify conformity of products imported into Niger before shipment. It is therefore the supplier s (i.e. the Exporter s) exclusive responsibility to demonstrate conformity. All the associated costs of verification are borne by the supplier. Page 1 of 9

2 NCAP HOW TO OBTAIN A CERTIFICATE OF CONFORMITY The verification of conformity procedures of the NCAP have been designed with maximum flexibility for the exporter in mind. There are three (3) different routes available for conformity assessment leading to the issuance of a Certificate of Conformity (CoC) to an exporter. The choice of route will depend on the frequency of the exporter s shipments to Niger, and on the evidence of conformity of the products which can be provided. Route A (exports, occasional, Second-hand products) No Registration Testing and inspection CoC EXPORTER Route B (frequent exports ) Product Registration Registration review, Random inspection and testing CoC NIGER Route C (manufacturers With frequent exports and high volumes) Factory Audit + product/ Manufacturer License License review and Random inspection CoC Request for Certification: The exporter must submit a duly completed Request for Certification (RFC) form, as well as the proforma or final invoice. The preferred date and place of inspection must be filled in. The exporter must include test reports (if available) or, if applicable, a copy of the Registration or Licence covering the goods to be shipped. Choosing the most appropriate Route of Verification for the shipment: The Certification Agency, Intertek, will examine the RFC and accompanying documentation. This documentary review will enable Intertek to determine the verification route to be applied to the consignment and to confirm to the exporter the standards to which the goods to be exported must conform. Inspection: Intertek will send the inspection request to an inspector who will contact the site representative to arrange a time for the physical inspection of the consignment. The physical inspection is a visual assessment of quantity, packaging and marking of the products. It enables Intertek to confirm that the products correspond to the test reports supplied. If necessary, a sample may be taken at the time of the inspection in order to carry out further tests. In this case it is strongly recommended that the exporter await the results of the tests before shipping the goods. Testing the goods: Where possible, Intertek will make every effort to ensure that product testing takes place before the preferred shipment date by a laboratory accredited to ISO/IEC or otherwise approved. It is recommended that the exporter should wait for the test results and Intertek s formal approval before proceeding to export the goods. Exporters may supply test reports or test certificates themselves. These reports must come from an accredited or otherwise approved laboratory as far as possible and they must be sufficiently detailed to demonstrate the traceability of the goods to be exported to Niger as well as their conformity to the relevant standards. In case of laboratory testing being difficult to obtain for whatever reason, the exporter may request that testing is carried out on their own premises supervised by an expert from Intertek. Page 2 of 9

3 NCAP Certification: The Exporter must send the final invoice for the goods to Intertek who will carry out a final review of the test and inspection reports. A Certificate of Conformity (CoC) will then be issued. The certificate can be sent to either the exporter or importer as requested by the exporter. It is also possible to obtain it from the Intertek office in Niamey. If the goods are found to be non-conformant, a Non-Conformity Report (NCR) will be issued, indicating the nature of the non-conformity detected and possible corrective measures that may be taken in order to obtain a CoC. THE DIFFERENT CERTIFICATION ROUTES ROUTE A CERTIFICATION OF THE SHIPMENT This route applies particularly to suppliers who do not regularly ship to Niger, or who ship sensitive products in terms of health, safety or environmental impact. Requirements for Route A: Physical inspection of the goods Analysis of the goods by a laboratory accredited to ISO/IEC (or subject to special dispensation), if a valid certificate of analysis cannot be supplied. The purpose of this analysis is to ensure that the products fulfil the requirements of the technical specification. This Route can be applied to all exported products following the procedure below: Step 1 Request for Certification (RFC) sent by the Exporter to Intertek The exporter must complete a Request for Certification (RFC) form (document available from internet site and send it to the nearest Certification Office (as indicated on the list of offices in Exhibit B) accompanied by the following documents: DOCUMENTATION Product specification and/or description of the product Invoice (proforma or final) Reference number of the Intention to Import document Technical specifications of the product Manual/operating instructions for the product Relevant production data Quality Management System Certificate, Conformity and Safety marques, national standards Independent test reports Manufacturer s authorisation IMPORTANCE Mandatory (to determine the function and end-use of the product) Mandatory If available (not mandatory) If available If available If available (number and size of batch, name of manufacturer, date of production, expiry date, manufacturer s certificates) If available If available If available (only applies to distributors or retailers authorised by manufacturers) The Certification Office will only commence the verification of conformity process when all the mandatory documents have been supplied. Page 3 of 9

4 Step 2 Documentary Review NCAP An Intertek expert will review the documentation supplied and confirm that it is complete. This review will: Identify the standard or essential requirements the product must conform to Establish the risk profile of the product Determine the level of intervention required (inspection, sampling, etc.) Enable the inspection and testing instructions to be prepared. Intertek will send the file to the inspector and advise the name of the inspector to the exporter. The inspection can only be scheduled once all the documentation has been received. The inspection will be scheduled within 5 days of receiving the exporter s RFC, unless the exporter requests a later date. Step 3 Physical Inspection The physical inspection is a visual verification of the quantity, packaging and markings of the products, as well as any other element required to verify conformity. The physical inspection confirms that the products correspond to the test reports which have been supplied. If necessary a sample may be taken during the course of the inspection in order to carry out further tests. When testing is deemed necessary, it is strongly recommended that exporters await the test results before shipping the goods. When the inspection has been completed the inspector will issue a report detailing the inspection findings, remarks and recommendations. Any non-conformity detected during the inspection will be noted in the report. A copy of the report will be made available to the exporter. The inspection report is not a Certificate of Conformity. The Certificate of Conformity is issued by the Intertek Office. Step 4 Product Testing Product testing can only be carried out on samples taken by an Intertek inspector. Product testing is carried out by the following laboratories: Any Intertek laboratory A laboratory independently accredited to ISO/IEC anywhere in the world A non-iso accredited laboratory or the manufacturer s laboratory, on the understanding that testing is supervised by an Intertek expert (this option is only available when neither of the first two options is available) Step 5 Issuing the Certificate of Conformity As soon as the Inspection Report (Step 3) and all necessary documentation has been received, the Intertek coordinator will carry out an assessment and issue a Certificate of Conformity or a Non-Conformity Report, within 3 working days of receipt of the various reports and the final invoice. The Certificate of Conformity can be sent to the exporter, or the importer, or printed in the Intertek Liaison Office in Niger, where the importer can go and collect it. Page 4 of 9

5 NCAP ROUTE B PRODUCT REGISTRATION AND CERTIFICATION OF SHIPMENTS Route B is available when the supplier has shipped at least three (3) consignments under Route A, and when all products shipped in the previous twelve (12) months have been found to be in conformity. This Route is not available for products deemed to be sensitive, which can only be shipped under certification Route A. This certification procedure is faster, but still ensures a reasonable and coherent verification of conformity via registration of the product by Intertek. Product registration is recommended when the same goods are frequently exported. Registration is valid for a period of one year. Consignments of registered products do not require mandatory testing and the certification can be based on physical inspection alone. Even if the goods have been registered, physical inspection and laboratory analysis/testing may still be required in order to ensure continuing and consistent conformity of the goods and of production methods. PRODUCT REGISTRATION PROCEDURE Step 1 Request for Registration In order to obtain product registration the supplier/manufacturer must submit a Request for Registration to Intertek (this document is available from the Intertek website). The technical specification must include the following information: The legal standing of the enterprise and its activities The list of products to be registered and the related standards A Quality Management System certificate such as ISO 9001 if available Product certificates or references Laboratory test/analysis reports Supplier s declaration of conformity Distributors specialising in branded products must provide proof of their relationship with the Original Equipment Manufacturer (OEM). Step 2 Review of the Request for Registration by Intertek The Intertek coordinator will examine the documents supplied, in order to: Determine the conformity of the products to the relevant standard Determine the ability of the exporter to consistently supply product of the same quality. The Intertek coordinator will advise the exporter of the outcome of the documentary review within 4 working days of receipt of the Request for Registration. Following a satisfactory assessment the exporter will receive confirmation of the registration detailing the products registered, the period of validity of the registration and any other conditions applicable to the registration. An invoice for the Registration will be issued to either the exporter or the supplier. Page 5 of 9

6 NCAP CERTIFICATION PROCEDURE FOR SHIPMENTS OF REGISTRERED PRODUCTS Registered products must be accompanied by a Certificate of Conformity in order to be allowed entry into Niger. Nevertheless, the certification procedure is faster for registered products. Step 1 Submission of the Request for Certification (RFC) The exporter must complete and submit the following documents to Intertek: Request for Certification (RFC) form Copy of the valid Registration document covering the goods to be shipped Final or proforma invoice The Intertek coordinator will review the documents in order to determine the validity of the Registration and to arrange an inspection within 3 days of receipt of the RFC, unless the exporter/supplier requests a later date. Step 2 Inspection of the goods The inspector must carry out the inspection according to the instructions received from the Intertek coordinator. The inspection is based on the following checks: Markings Packaging Shelf-life of the product (if relevant) Conformity with the packing list and invoice Visible conformity of the product Samples may be taken for testing and the packaging marked appropriately by the inspector. On completing the inspection the inspector will produce a report detailing his findings, remarks and recommendations. A copy of the report will be made available to the exporter immediately after the inspection. Any non-conformity detected during the course of the inspection will immediately be brought to the attention of the exporter and noted in the report. Step 3 Product Testing Product testing can only be carried out on samples taken by the Intertek inspector. Testing will be carried out in the following laboratories: Any Intertek laboratory An independent laboratory accredited to ISO/IEC anywhere in the world A non- ISO/IEC accredited laboratory or a manufacturer s laboratory on the understanding that the testing is supervised by an Intertek expert (this option is only available where the first two first options are not available) The frequency of testing will depend on the product being certified. Step 4 Issuing the Certificate of Conformity As soon as the inspection report is received the Intertek coordinator will make an assessment and issue a Certificate of Conformity or a Report of Non-Conformity within 3 working days of receipt of the report and the final invoice. The Certificate of Conformity can be sent to the exporter or the importer or printed by the Intertek Liaison Office in Niger where the importer can go to collect it. Page 6 of 9

7 ROUTE C LICENSED PRODUCTS NCAP This Route is only available for manufacturers who can demonstrate the existence of a Quality Management System in their production/manufacturing processes. Exporters, suppliers or distributors cannot use this certification Route. This Route requires the following steps: Type testing Factory audit Surveillance of manufacturing processes by means of audit Testing of samples taken from the factory and/or shipments once a year These procedures conform to the requirements of Guide 28 ISO/IEC General Regulations for a Model of System Certification of Products by a Third Party. After having successfully completed these steps the manufacturer will be granted a Licence for the products concerned. Under this Route, the Certificate of Conformity can be issued on the basis of documentary review only and will not involve the physical inspection or testing of every consignment. Intertek reserves the right to carry out random inspections in order to verify the continuing conformity of the goods. In this case manufacturer will be advised of the procedure required by the Exporter and Importer Guidelines. The period of validity of the licence will depend on the nature of the product and will be determined by the National Agency for Verification of Conformity to Standards (AVCN). Products under Licence will be subjected to random physical inspections by Intertek, before issuing the Certificate of Conformity. Intertek may also carry out random tests during the period of validity of the licence. For this Route, the exporter must complete and submit the following documents to Intertek: Request for Certification (RFC) form A copy of the product licence and/or other quality marque recognised by the National Agency for Verification of Conformity to Standards (AVCN) Proforma or final invoice RESPONSIBILITIES Importers Importers should ensure that their suppliers are aware of the requirements of the NCAP and that their shipments must be accompanied by a Certificate of Conformity (CoC). Exporters Exporters should ensure that their products or goods conform to the regulations and quality requirements of Niger before shipment by undertaking the necessary tests and obtaining a Certificate of Conformity for all products to be exported to Niger. Page 7 of 9

8 NCAP OTHER REQUIREMENTS Shelf-life of products: All imports with a limited shelf-life must have sufficient shelf-life remaining following the anticipated date of unloading in Niger. Markings/Labelling: Markings must be in French or in both French and English language. Counterfeit Products/merchandise The importation of counterfeit products or merchandise is forbidden. If Intertek suspects that products or merchandise may be counterfeit, the exporter of the products will be asked to supply sufficient proof of the authenticity of the products before a CoC can be issued. Intertek reserves the right to notify AVCN/Niger Customs in such cases. CERTIFICATION FEES Certification fees are payable by the exporter or manufacturer. VERIFICATION FEES The fees charged for Verification vary according to the Route chosen and are subject to a minimum and a maximum, as detailed below: Route A 0.53 % of declared FOB value, subject to a minimum of 300 Euros and a maximum of 7000 Euros Route B 0.45 % of declared FOB value subject to a minimum of 300 Euros and a maximum of 7000 Euros Route C 0.35 % of declared FOB valued, subject to a minimum of 300 Euros and a maximum of 7000 Euros The above fees are subject to a minimum of 300 Euros and a maximum of 7000 Euros. Nevertheless, the maximum fees invoiced are subject to the commercial rate applicable at the port of inspection. REGISTRATION AND LICENSING FEES Registration Fees Registration fees are 375 Euros for 15 products/product lines Above 15 product lines, each additional line will be invoiced at 20 Euros Licensing Fees Licensing fees will be calculated on a case by case basis. Please contact your Intertek Licensing Centre or the nearest Intertek Certification Office for more information. Products with similar characteristics can be grouped under product lines. Thus several products can be grouped as a single product line for registration. Page 8 of 9

9 NCAP CONTACTS INTERTEK GOVERNMENT AND TRADE SERVICES INTERTEK INTERNATIONAL Government and Trade Services SARL Zac EcoParc 2 Allée De la Fosse Moret Heudebouville Tel: Fax: info.paris.gs@intertek.com BUREAU DE LIAISON INTERTEK NIGER INTERTEK INTERNATIONAL NIGER SARL 2eme Etage de l immeuble situé sur le Boulevard de L Indépendance GM-20, sis au Rond-Point Terrain Musulman de Niamey BP 2769 Niamey Tel: + (227) info.niger@intertek.com EXHIBITS Exhibit A Regulated Product List Exhibit B Customer Service Centres Contact Details Exhibit C Request for Product Certificate, Registration, Licence (PRL) Exhibit D Request for Certification (RFC) *These Exhibits are available at: Page 9 of 9