Authorized representative for EAC Certification in the EAEU

Why You Need an Authorized Representative

Most products exported to the Eurasian Economic Union (Belarus, Kazakhstan, Kyrgyzstan, Armenia) require EAC certification or an EAC declaration — regardless of their type.

Under EAEU law, only a company established within the territory may apply for an EAC certificate or EAC declaration. Manufacturers from Germany, the EU, or other countries cannot do this themselves — even if their products are fully compliant. The Authorized Representative assumes this role: They become the official applicant and are listed in the conformity documents as the holder of the certificate or declaration (cf. Decision of the EAEU Commission No. 293 of 25.12.2012).

The reason is practical: EAEU authorities need a local contact to initiate enforcement measures if a product fails to meet standards.

The Solution: An Authorized Representative On-Site

You appoint an Authorized Representative in the EAEU. This representative becomes the official applicant and assumes legal responsibility for the conformity of your products.

Legal Definition

The Authorized Representative is a person or organization registered in the EAEU who represents a foreign manufacturer in conformity assessment and, based on a written contract, assumes full responsibility for compliance with technical standards.

Source: Protocol on Technical Regulation of the EAEU (Appendix No. 9)

Requirements for the Authorized Representative

According to the Agreement on Technical Regulation (January 25, 2008), the representative must:

• Be registered in the EAEU — in one of the member states
• Have a written contract with the manufacturer — with clear rights and obligations
• Assume full responsibility — for conformity, liability, and documentation

Schmidt & Schmidt as Your Authorized Representative

Schmidt & Schmidt has a branch office in Kazakhstan and is therefore authorized to act as an Authorized Representative for your EAC certifications.

Tasks and Responsibilities of the Authorized Representative

The most important task of the Authorized Representative is to represent the interests of the foreign manufacturer in cooperation with the supervisory authorities of the Eurasian Economic Union regarding both the safety and quality of products as well as compliance with technical regulations.

This means that the Authorized Representative must be accessible at the address indicated on the certificate of conformity and have the ability to submit technical documentation about the conformity of products with the technical requirements of the Economic Union to the supervisory authorities in the shortest possible time.

The scope of tasks of the Authorized Representative includes:

• Handling conformity assessment: EAC certification or registration of the EAC declaration of conformity in the name and on behalf of the manufacturer, based on technical documentation, test reports, and expert opinions made available by the manufacturer or by designated testing bodies
• Storage of technical documentation
• Acting as a contact for regulatory and supervisory authorities on questions regarding safety and quality of products
• Representation of the manufacturer in the context of investigations of consumer incidents and conformity control
• Informing the manufacturer of changes in technical regulations relevant to the manufacturer's products
• Informing the consumer about product characteristics
• Participation in the withdrawal of products from the market by decision of the supervisory authorities or the manufacturer

Powers of Attorney for Import: The Critical Control Instrument

Only the Authorized Representative may issue powers of attorney for import. This power of attorney enables customs clearance for free circulation of goods in the EAEU. Without it, the customs authorities cannot release the goods — with serious consequences: return shipment, storage at the importer's expense, or even destruction of the products.

Personal Liability of the Authorized Representative

The Authorized Representative is personally and fully liable for the conformity of your products. Under EAEU law, the representative is responsible for:

• Non-compliance with technical regulations
• Damage to life, health, property, or the environment
• This liability is both civil and criminal

This underscores why choosing a reliable representative is so critical.

What Must the Manufacturer Continue to Be Responsible For?

Transfer to an Authorized Representative does not mean that the manufacturer can shed their responsibility. The manufacturer bears defined obligations that cannot be delegated:

Export Ban for Non-Compliant Products

The most fundamental obligation is to suspend the export of any product that does not meet applicable technical regulations. The manufacturer cannot continue to deliver while non-compliance is being investigated.

Initiate Corrective Measures

If non-compliance is confirmed, the manufacturer must agree on a corrective action plan with the Authorized Representative. This plan must include measures to inform buyers about risks and to explain how they will be remedied.

Defect Elimination or Recall

The manufacturer is responsible for eliminating defects. If elimination is not possible, the manufacturer must initiate a product recall and compensate buyers for resulting losses.

Risks of Exclusive Dependence on a Distribution Partner

In practice, a manufacturer's distribution partner often acts as the applicant. As a result, the partner automatically acquires the exclusive distribution right for the entire validity period of the certification. Other partners can only import the products if they are granted the corresponding authorizations by the applicant. This creates considerable dependence of the manufacturer on the distribution partner and may restrict market development.

Problems with Unreliable Representatives

If an Authorized Representative ceases operations, becomes insolvent, or is no longer reachable, no new powers of attorney for import can be issued. Even existing certificates lose their validity in practice. This represents a significant economic risk and may seriously disrupt supply chains.

Our Solution

To avoid these risks, choosing a neutral and reliable Authorized Representative is of central importance. Schmidt & Schmidt assumes this function for international manufacturers in the EAEU Member States. We act independently of individual distributors and, if required, issue individual powers of attorney for import for several distribution partners. In this way, changes in the distribution structure can be implemented at any time in full legal compliance. This ensures long-term market access to the EAEU for our clients and minimizes both legal and economic risks.

What We Guarantee:

Contract with the Authorized Representative

Technical regulations stipulate that foreign manufacturers and applicants must sign a contract with the Authorized Representative. The contract is one of the most important documents required for the issuance of the EAC Declaration and the EAC Certificate (certification schemes 1c, 2c, 5c, 6c, 7c, 8c and declaration schemes 1d, 3d, 5d, 6e). The certification body verifies whether the applicant has such a contract. The contract signifies that the applicant assumes full responsibility for the safety of the products.

The mandatory submission of the contract when issuing the EAC Certificate is stipulated in Section III, clause 14, and for the EAC Declaration in Section IV, clause 26 of the Decision of the Board of the Eurasian Economic Commission No. 44 of 18 April 2018.

The contract with the Authorized Representative must grant this person the right to take measures for the assessment (confirmation) of the conformity of products with the requirements of the technical regulations of the Union. In addition to interaction with certification bodies, such measures may include interaction with accreditation bodies (e.g., actions for registration or withdrawal of an EAC Declaration, submission of complaints), import and customs clearance of product samples, etc. All these aspects should be specified in the contract depending on the situation.

It is recommended to list the duties and responsibilities of the authorized person in detail, ensuring maximum compliance with the national legislation in the field of technical regulation (in Russia – Federal Law No. 184-FZ). This helps to avoid misunderstandings and unnecessary approvals from certification bodies and laboratories, as well as inquiries from regulatory authorities.

The contract may be drawn up in the language of one of the Member States of the Customs Union or in two languages, including the language of the manufacturer and Russian, Belarusian, or Kazakh. It must be certified by the seals and signatures of the manufacturer and the applicant and shall include the following key provisions:

• Details of the manufacturer and the representative
• Subject matter of the contract
• Duties of the representative
• Responsibilities of the manufacturer
• Responsibilities of the representative

Power of Attorney for Import in the EAEU

The Authorized Representative and not the manufacturer is the owner of an EAC certificate or an EAC declaration. As applicant, only the Authorized Representative can decide who may use the EAC certificate or declaration. This means that the Authorized Representative must, at the request of the manufacturer, give consent in the form of a power of attorney to each importer in the Eurasian Economic Union, so that the importer — usually the buyer of goods — can present this power of attorney to customs at the time of import clearance. Without the power of attorney, the goods cannot be released for free circulation and, in the worst case, will have to be disposed of at the expense of the shipper.

Thus, the manufacturer becomes somewhat dependent on their representative. Unfortunately, it is not uncommon for the Authorized Representative to disappear. In this case, no new power of attorney can be issued and very valuable certificates for which the representative was named as applicant can no longer be used.

Therefore, the selection of a reliable Authorized Representative in EAC conformity assessment is of enormous importance.

Schmidt & Schmidt as Authorized Representative

Our company — Schmidt & Schmidt — offers you authorized representation (Authorized Representative) on the territory of the Eurasian Economic Union within the framework of conformity assessment according to EAC standards and technical regulations.

Of course, the most important prerequisite for this service is the conformity of the products with the technical requirements. We are ready at any time to take a wide range of measures to carry out conformity assessment in the form of EAC certification or EAC declaration or, if necessary, propose necessary changes to ensure that your products meet quality and safety standards.

In addition, we are ready to act as an importer of your products and to carry out import customs clearance.

Contact us and we will prepare an offer for you in a very short time.

Sanctions Compliance and the Role of the Authorized Representative

In addition to the technical regulations of the Eurasian Economic Union (EAEU), European and international companies must also comply with the applicable sanctions regulations of the European Union and the United States when undergoing EAC certification. These concern the export of certain goods, trade with listed individuals and entities, and the provision of technical services. Non-compliance may not only jeopardize business relationships but also entail civil and criminal liability.

The situation is particularly critical for exports to Russia and Belarus. Many testing laboratories or business partners there are listed on sanctions lists, making direct cooperation legally impermissible. Therefore, it is even more important for manufacturers outside the EAEU to appoint a reliable Authorized Representative who not only oversees the conformity assessment but also ensures compliance with sanctions regulations.

Another risk arises if shipments are blocked due to sanctions violations. Even a formally correct EAC Certificate in such cases does not provide legal certainty. The Authorized Representative thus plays a key role: they ensure the legal security of procedures, coordinate with certification bodies, and assist companies in minimizing risks.

Schmidt & Schmidt offers a EAC certification amidst EU and US sanctions against Russia and Belarus: navigating the complex landscape.

Costs and Next Steps

The costs of the authorized representation are determined individually on the basis of a risk assessment. This depends on:

• Product category and technical complexity
• Target market in the EAEU
• Need for additional tests or laboratory examinations
• Scope of powers of attorney for import
• Sanctions compliance requirements

Conclusion

The Authorized Representative is not a complication. It is not optional. It is a regulatory requirement built into the architecture of the EAEU system.

What matters is a clear understanding:

With the right partner — an independent, reliable Authorized Representative — these questions are answered before they become a problem.