What if you don't comply with EAC certification rules? Legal liabilities, fines

It's manufacturer or importer’s duty to certify their products and hold necessary tests

May 2020 witnessed the 6-th Birthday of the Eurasian Economic Union which was established to implement mutually beneficial trading practices and open a common market area.

Legal control over the market is managed through a number of Technical Regulations and an EAEU marking on a product is an instant signal of quality for any customer. For this reason alone, it's always a good idea to get your products certified to prove your bona fides to prospective clients. Moreover, failure to comply with existing requirements is fraught with consequences.

As regards Russia, manufacturer and importer’s duties, rights and liabilities are included in the Federal law №184 “About Technical Regulation” (№184-ФЗ «О техническом регулировании») which also sets forth types of permitting documents – a Certificate of Conformity and Declaration of Conformity. Under the Administrative and Criminal Codes a manufacturer or importer that operates on the EAEU market without documents complying with Technical Regulations, can be called to administrative or criminal account.

The 184 Federal Law allocates the following rights of the applicant (importer / manufacturer).

The applicant is eligible to:

choose a form and scheme of conforming product quality and safety;
choose a certification body and testing laboratory;
use technical documents to confirm compliance with the Technical Regulations

At the same time, the applicant is supposed to:

launch products on the market only after the permitting document (Certificate or Declaration) has been published in the Federal Service for Accreditation;
label the packaging with established markings;
notify the certification body of any changes in product manufacturing techniques;
shut down production and sales of the products that don’t comply with Technical Regulations;
notify the certification body of any changes in covering technical documents on the products;
keep and show permitting documents on request of a customer, seller or watchdog agency

Legal liabilities of importing / manufacturing companies

Article 14.43. Breaching requirements of the Technical Regulations;
Article 14.43.1. Breaching requirements to vehicle and aviation fuel, diesel and marine fuel, fuel for jet engines and fuel oil of the Technical Regulations;
Article 14.44 Using corrupt permitting documents;
Article 14.45 Selling products that require mandatory certification, in an improper way;
Article 14.46 False product labelling;
Article 14.46.1 False labelling of genetically-modified food products;
Article 14.46.2 Manufacturer’s (seller’s, etc) inaction in preventing negative effects that occurred during use of products which don’t meet Technical Regulations

Apart from that, the Russian Criminal Code makes provisions for unauthorized issuance or use of certification documents (by a certification body or legal entities) punishable by:

a fine (up to 500 000 rubles or income of the convicted over a 3-year period);
community works for the period of 360 hours;
freedom restraints for up to 2 years;
penal labour for the period of up to 5 years;
prison term for up to 10 years.

Import of products subject to mandatory certification without informing the Customs authorities of existing permitting documents is equal to showing invalid permitting documents with irregularities and is punishable by a fine:

for natural persons: from 1 500 up to 2 500 rubles (with/without products seizure) or product seizure alone;
for officials: from 10 000 up to 20 000 rubles;
for legal entities: from 50 000 up to 300 000 (with/without products seizure) or product seizure alone.

Article in Russian Administative Code	Law Violation	Fine / penalty
14.43	Breaching requirements of the Technical Regulations	from 10 000 up to 20 000 rubles on officials, from 100 000 up to 300 000 rubles on legal entities
14.44	Irregularities in permitting documents	from 15 000 up to 50 000 rubles fine on officials and from 100 000 up to 1 000 000 rubles on legal entities
14.45	Improper selling products that require mandatory certification	from 20 000 up to 40 000 on officials and from 100 000 up to 300 000 rubles on legal entities
14.46	Irregularities in product labelling on products that require mandatory certification	from 10 000 up to 50 000 rubles on officials; from 100 000 up to 1 000 000 on legal entities
14.47	Irregularities in product certification process	from 20 000 up to 50 000 rubles or disqualification for 6 months up to 3 years; from 400 000 up to 1 000 000 on legal entities
14.48	Using false test reports within EAEU certification process	from 30 000 up to 50 000 rubles or disqualification for a year (up to 3 years) on officials; from 400 000 up to 500 000 on legal entities

What if you fail to comply with EAC requirements

It's manufacturer or importer’s duty to certify their products and hold necessary tests

The applicant is eligible to:

At the same time, the applicant is supposed to:

Three options how you can reach us and find answers to all your questions:

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Easy steps to get your products certified:

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Lack of necessary permitting documents is fraught with consequences, namely, fines

You can always check if your document is valid at the Federal Service for Accreditation (FSA) web-site

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