When EAC certificates or EAC declarations are issued with violations of the law, this will inevitably result in the invalidity of the issued certificates of conformity. This article explains what can cause an EAC certificate or EAC declaration to become invalid and what to do to prevent such situations.
- Resolution of the Council of the Economic Commission No. 44 of April 18, 2018 “On Conformity Assessment Schemes”
- Resolution of the Board of Directors of the Economic Commission No. 41 of March 20, 2018 "On the procedure for registration, suspension, renewal and invalidation of certificates of conformity of products with the requirements of the technical regulations of the Eurasian Economic Union"
- Decree No. 936 of June 19, 2021 “On the procedure for the registration, suspension, renewal and cancellation of certificates of conformity, their invalidation and the procedure for the suspension, renewal and invalidation of certificates of conformity”
Procedure for invalidating the EAC Certificate and EAC Declaration
An EAC certificate or EAC declaration can be suspended, cancelled, declared invalid and transferred to the archive.
First, if there are doubts about the correctness of the EAC certificates or EAC declarations, the certificate of conformity is suspended and an inspection is carried out. If violations are found, the document will be declared invalid. If there are no violations, but the document cannot be further used (either at the request of the applicant or if it is an EAC certificate for series production for which the inspection control has not been carried out in a timely manner), the document will be cancelled. After the validity period of the EAC certificate (or EAC declaration) has expired, it is transferred to the archive of the register.
There is a difference between a canceled Certificate of Conformity and an invalidated Certificate of Conformity. If the document is canceled, it means that it was valid and was issued without violations. If the document is declared invalid, it means that it was originally issued with violations.
The following authorities may suspend or cancel an EAC certificate:
- Certification Authority
- Government Regulators
- National accreditation body
Only the supervisory authority and Rosaccreditation may recognize the EAC certificate as invalid.
Suspension of the EAC certificate
If there is even the slightest doubt about the certificate of conformity, the EAC certificate will be suspended. The reasons for suspension of an EAC certificate are as follows:
The applicant can independently suspend the validity of the EAC certificate by contacting the certification body.
Cancellation of the EAC certificate
Reasons for cancellation of the certificate of conformity can be the following:
- Violations are detected
- Inspection control is not performed
- Applicant wants to cancel the EAC certificate
- EAC certificate is cancelled by the supervisory authority
The reasons for the cancellation of an EAC certificate are as follows:
|Rosaccreditation||If the inspection control is not carried out within the specified period (if the inspection control is provided for in the technical regulations, in the EAC certification scheme or in the contract is) or if the certification body does not enter information about the inspection control in the register, the validity period of the certificate of conformity is cancelled after 30 days from the date of the last day of the month in which the inspection control must be performed|
Invalidation of the EAC certificate
The invalidation of the EAC certificate is one of the most serious measures, the application of which is often accompanied by criminal prosecution of the applicant or the body for violation of the certification rules.
The main feature of an invalid EAC certificate is the fact that the certificate will be invalid from the moment of its registration. And if the EAC certificate was never valid, then importing products with such a certificate of conformity becomes an administrative offence. Therefore, only the state supervisory authority or the national accreditation body can invalidate the certificate of conformity, the certification body cannot do that.
The reasons for invalidating a certificate are as follows:
Cancellation of the EAC declaration
The applicant can cancel the EAC declaration independently. The state supervisory authority and accreditation bodies may also suspend, cancel or immediately recognize the EAC declaration as invalid.
Suspension of the EAC declaration
The reasons for the suspension of the EAC declaration are as follows:
Recognition of the EAC declaration as invalid
The reasons for invalidating an EAC declaration are as follows:
We, Schmidt & Schmidt, support our customers with the EAC certification or EAC declaration and accompany them at every step of this process. We are sure that our experts will correctly identify products and develop an appropriate EAC Conformity Assessment program. We trust in our partners who work conscientiously and comply with all requirements and guidelines. We also trust in our customers who are ready to meet all the requirements of EAEU and Russian Federation legislation and go through the conformity assessment procedure from start to finish.