Since January 1, 2021, the Applicant has acquired the right to deliver EAC declarations without going through the Certification Body. The registration procedure consists in signing a conformity document with a personal electronic signature.
The only exceptions are the declarations of conformity to the Technical Regulations CU TR 001/2011, CU TR 002/2011, CU TR 003/2011, CU TR 006/2011, and CU TR 009/2011.
The requirements for the declaration of product conformity are set out in the following documents:
- The Federal Law No. 184-FZ on "Technical Regulations" of December 27, 2002. This Law defines the Applicant's obligations regarding the compilation of the certification file, the registration procedure, and the subsequent storage of the declaration and the related evidence of conformity. In addition, the law determines the entities who can act as an Applicant under different types of certification/declaration schemes. This information is detailed in specialized Technical Regulations and other regulatory sources.
- The RF Law on "Protection of Consumer Rights" of February 7, 1992 gives the consumer the right to rely on the safety of goods. A duly signed and registered product declaration officially guarantees to the buyer that the purchased product complies with the safety standards. The manufacturers/sellers are obliged to place their products on the Eurasian market only after the registration of the declarations/certificates.
- Specialized Technical Regulations entitle a legal entity or an individual registered in the territory of the Eurasian Union to register a declaration for a product or a batch of products. It can be a manufacturer, a seller, or an authorized representative of the manufacturer (when importing goods).
If the certified goods are intended for mass production, the seller cannot act as the Applicant.
The Applicant is responsible for providing the certification body with a complete set of the required documentation. When the declaration procedure is carried out in partnership with an independent body, the Applicant must sign a contract with the accredited laboratory and/or the accredited certification body beforehand. All fields of the declaration form form must be filled in and the Applicant is obliged to guarantee the accuracy of the information provided.
In addition, the provisions of the Customs Union technical regulations establish that the Declarant is obliged to keep the test reports obtained during the process of declaration of conformity on his own safety justifications for 5 years after the expiration of the declaration.
The Applicant is obliged to stop selling the products if the certificate or declaration is suspended or if the documents have expired.
The Applicant must inform the certification body about any changes in the technical documentation or the manufacturing processes of the certified products.
Applicant's liability
Non-compliance with the legal requirements when declaring conformity of a product constitutes an administrative offence and may be liable to punishment in the form of fines, confiscation of goods, or suspension of the Applicant's activities. The type of sanction imposed depends on the seriousness of the offence and applies to individuals, public officials, legal entities, and individual entrepreneurs. The amount of the fine is regulated by the Code of Administrative Violations of the Russian Federation.
Here are the most common violations:
- production of goods without declaration;
- misinformation of buyers;
- non-compliance with the requirements for the safety of products, their labeling.
In case of violation of obligations, the Applicant assumes administrative responsibility in accordance with the legislation of the Russian Federation.
The table below summarizes the penalty amounts for each type of violation:
|
Type of violation |
Liable party |
Type of penalty (fine of between … and …, RUB) |
Article of the Code of Administrative Offences of the Russian Federation
|
|||
|
For individuals |
For public officials |
For individual entrepreneurs |
For legal entities |
|||
|
Selling of goods that differ from the samples provided in terms of quality and do not comply with the requirements of normative legal acts |
Applicant - seller |
1 000 - 2 000 |
3 000 - 10 000 |
10 000 - 20 000 |
20 000 - 30 000 |
14.4 |
|
Misrepresentation of consumer properties and/or quality of a product, during the production or selling of goods |
Applicant - manufacturer, seller, importer / applicant |
3 000 - 5 000 |
12 000 - 20 000 |
- |
100 000 - 500 000 |
14.7 |
|
Withholding of correct information about the goods sold, about the manufacturer, seller, importer, and their mode of operation |
Applicant - manufacturer, seller, importer / applicant |
- |
500 - 1000 |
- |
5 000 - 10 000 |
14.8 |
|
Failure to comply with mandatory requirements of Technical Regulations or other legally binding documents |
Applicant - manufacturer, seller, importer / applicant |
1 000 - 2 000 |
10 000 -20 000 |
20 000 - 30 000 |
100 000 - 300 000 |
14.43 |
|
Failure to comply with the mandatory requirements of technical regulations or other legally binding documents that caused or threatened to cause harm to the life or health of citizens, to property of individuals or legal entities, State, or municipal property, to the environment, life or health of animals and plants |
Applicant - manufacturer, seller, importer / applicant |
2 000 - 4 000 |
20 000 - 30 000 |
30 000 - 40 000 |
300 000 - 600 000 |
14.43 |
|
False declaration of conformity of products |
Applicant - manufacturer, seller, importer / applicant |
- |
15 000 - 25 000 |
- |
100 000 - 300 000 |
14.44 |
|
False declaration of conformity of products released for free circulation for the first time for which certification is mandatory, or false declaration of such products on the basis of own evidence in case of absence or impossibility to apply standardization documents that ensure compliance with Technical Regulations |
Applicant - manufacturer, seller, importer / applicant |
- |
25 000 - 30 000 |
- |
300 000 - 500 000 |
14.44 |
|
False declaration of product conformity products that caused or threatened to cause harm to the life or health of citizens, to property of individuals or legal entities, State, or municipal property, to the environment, life or health of animals and plants |
Applicant - manufacturer, seller, importer / applicant |
- |
35 000 - 50 000 |
- |
700 000 - 1 000 000 |
14.44 |
|
Selling of products subject to mandatory conformity assessment, without the indication of information about the Certificate or Declaration of Conformity in the supporting documentation |
Applicant - manufacturer, seller, importer / applicant |
- |
20 000 - 40 000 |
- |
100 000 - 300 000 |
14.45 |
|
Marking of products with a EAC conformity mark without confirming its compliance with requirements of Technical Regulations |
Applicant - manufacturer, seller, importer / applicant |
- |
10 000 -20 000 |
- |
100 000 - 300 000 |
14.46 |
|
Violation of the rules for certification/declaration of conformity |
Certification Body |
- |
20 000 - 40 000 |
- |
400 000 - 500 000 |
14.47 |
|
Unwarranted issuance or unjustified refusal to issue a certificate or unjustified suspension of its validity |
Certification Body |
- |
20 000 - 30 000 |
- |
50 000 - 100 000 |
14.47 |
|
Violation of the established form of a Certificate of Conformity or the rules for completing the form of a Certificate of Conformity set by the legislation of the Customs Union, which did not result in an unjustified issuance of a Certificate of Conformity by the Certification Body |
Certification Body |
- |
5 000 - 10 000 |
- |
10 000 -20 000 |
14.47 |
|
Providing of false test results |
Testing laboratory |
- |
30 000 - 50 000 |
- |
400 000 - 500 000 |
14.48 |
