Due to the EAC certification and EAC declaration it is established that a product or service meets the requirements of technical regulations, standards and other official documents. The EAC certification is carried out by authorized, accredited bodies with subsequent issuance of an EAC certificate. The EAC declaration is drawn up by the domestic manufacturer, importer or an authorized representative of a foreign manufacturer and entered in the uniform register.
If the EAC certification or EAC declaration is not carried out in accordance with the rules, i.e. the statutory requirements and standards are violated, this is subject to criminal, administrative and civil law both on the part of the certification body and on the part of the applicant (manufacturer, seller, representative).
If the rules and regulations in the area of certification are violated, a fine usually follows. In the case of particularly serious violations, the responsible person can be arrested. In addition, the manufacturer or seller may be obliged to suspend the company's activities for a period of time.
Legal framework
- Code of Administrative Offenses of the Russian Federation
- The Criminal Code of the Russian Federation
- Customs Code of the Eurasian Economic Union
- Federal law on technical regulation
Types of violations and penalties
Administrative responsibility
At the customs
During customs clearance, violations of participants in foreign trade activities can be detected. This subsection is not about the declaration of conformity of products, but about the customs declaration. Such violations initially concern the absent declaration of notifiable goods, the provision of incorrect data and non-compliance with bans and / or import restrictions on certain goods. The type of punishment is a fine of up to 30,000 rubles, confiscation of goods and documents is also possible.
| Article of the Code of Administrative Offenses of the Russian Federation | Type of violation | Type of penalty |
|---|---|---|
| 16.2 Part.1 | Goods that are subject to a customs declaration are not declared in the prescribed form. |
|
| 16.2 Part.2 | Application for customs declaration of false information affecting the amount of customs duties. |
|
| 16.2 Part.3 | Application for customs declaration of false information regarding the established restrictions on the movement of goods across the border. |
|
| 16.3 | Products were imported into the customs territory of the Eurasian Economic Union or the Russian Federation, despite the bans and restrictions established by international treaties of the EEU member states. |
|
| 16.7 | Submission of invalid documents while carrying out customs clearance. |
|
| 16.17 | Submission of invalid documents for the release of goods before submission of a customs declaration. |
|
In the production and release of products on the market
When producing and releasing products on the market, potential applicants also have to take into consideration numerous rules. The main violation in accordance with articles of the Code of Administrative Offenses of the Russian Federation in this procedure is non-compliance with the requirements of the technical regulations. The technical regulations contain a large number of requirements: for the product itself, for the rules for its manufacture, storage and transport, for its labeling, packaging, instructions, for testing, for the registration of permits, etc. Administrative liability takes the form of a fine from 1,000 to 1,000,000 rubles or in the form of a confiscation of the goods.
| Article of the Code of Administrative Offenses of the Russian Federation | Type of violation | Type of penalty |
|---|---|---|
| 14.43 | Violation of the requirements of the technical regulations by the manufacturer / a person who performs the functions of a foreign manufacturer / the seller |
|
| 14.44 | Registration of an EAC declaration using false information |
|
| 14.45 | The procedure for the sale of goods subject to EAC certification is violated. This means that there is no information about the certificate of conformity. |
|
| 14.46 | The procedure for labeling products is violated. |
|
| 14.46.1 | Violation of mandatory labeling requirements for food that has been obtained using or contains genetically modified organisms. |
|
If the violation has harmed the health and life of citizens, their property and the environment, or if the violation is committed again, the fines applied will be many times greater.
In retail
Article 14.4 of the Code of Administrative Offenses of the Russian Federation is most often found among retailers and service providers who deal in products that are subject to a certificate of conformity, as well as in activities requiring a license. This type of violation includes the sale of poor quality goods, as well as the provision of services that do not meet the established requirements. A fine is provided for this, as well as confiscation of the goods in the event of repeated infringement. Depending on the person who bears the penalty, the amount of the fine varies from 1000 rubles to 50,000 rubles.
| Article of the Code of Administrative Offenses of the Russian Federation | Type of violation | Type of penalty |
|---|---|---|
| 14.4 | The sale of poor quality goods, i.e. such products that do not meet the quality standards, as well as the provision of services that do not meet the requirements of ordinances and technical regulations. |
|
If the violation has harmed the health and life of citizens, their property and the environment, or if the violation is committed again, the fines applied will be many times greater.
During the circulation of products in the market
Article 14.46.2 of the Code of Administrative Offenses of the Russian Federation regulates the circulation of products on the market. The violations essentially relate to the non-compliance with the obligation of the manufacturer and / or seller to inform the competent authorities of the determination of a non-conformity of the product with the requirements. In addition, penalties are imposed in the event that the manufacturer and / or the seller does not comply with the prescribed requirements and / or mandatory measures. The amount of the fine can be up to 1,000,000 rubles.
| Article of the Code of Administrative Offenses of the Russian Federation | Type of violation | Type of penalty |
|---|---|---|
| 14.46.2 Part.1 | The seller and / or the manufacturer has determined that the manufactured products do not meet the requirements of the technical regulations and did not inform the enforcement body about this. |
|
| 14.46.2 Part.2 | The manufacturer and / or the seller has received information that his products do not meet the requirements of the technical regulations and did not check this information within the specified time frame. Or the manufacturer and / or the seller has failed to meet the requirement of the authorized enforcement body to provide evidence of the specified review. |
|
| 14.46.2 Part.3 | The manufacturer and / or the seller has not complied with the measures specified in the program of measures to prevent damage (Art. 38 No. 184-FZ “On technical regulations”). |
|
| 14.46.2 Part.4 | The manufacturer and/or the seller has failed to comply with the obligation to suspend the production and sale of products that do not meet the relevant requirements or to recall such products. This only applies to products from which damage cannot be remedied by the measures provided. |
|
If the violation has harmed the health and life of citizens, their property and the environment, or if the violation is committed again, the fines applied will be many times greater.
While conformity assessment
Certification bodies and laboratories that carry out the conformity assessment procedure are also subject to sanctions in the event of violations. Administrative offenses most often relate to non-compliance with the requirements of the certification process, the submission of unreliable research results, the unjustified issuance / rejection / termination of a certificate of conformity or the issuance of documents by a body that does not have a valid accreditation. In addition to a fine of up to 1 million rubles, certification bodies and laboratories are subject to some kind of sanctions in the form of an exclusion from several months to several years.
| Article of the Code of Administrative Offenses of the Russian Federation | Type of violation | Type of penalty |
|---|---|---|
| 14.47 Part.1 | Violation of the regulations for carrying out certification work or the issuing of a certificate of conformity in violation of the requirements of the Federal Law on Technical Regulation. |
|
| 14.47 Part.2 | The violations provided for in Article 14.47 Part 1 have resulted in products that are placed on the market do not meet the requirements of the Technical Regulations. |
|
| 14.47 Part.3 | Unjustified issue of a certificate of conformity or refusal to issue a certificate of conformity or unjustified suspension or termination of a certificate of conformity. |
|
| 14.47 Part.4 | Violation of the certification body against the specified form of the attestation of conformity or the rules for completing the form of attestation of conformity. |
|
| 14.48 | Test laboratory (certification body) has unreliable or distorted results of tests and / or measurements of the products. |
|
| 14.59 | Violation of the methodology for determining the amount of the price for the examination of the documents and information submitted, the on-site inspection. |
|
| 14.60 | Issuing certificates of conformity, test reports and other documents relating to the accreditation of the legal person in the national accreditation system if this accreditation is suspended or does not exist. |
|
| 14.7 | Consumer deception: e.g. the goods are intentionally measured or weighed incorrectly, consumers are misled about the quality and properties of products. |
|
While working with information security and state secrecy
This refers to those who work with communication and encryption, i.e. deals with products for the transmission and protection of information, including those that constitute state secrets. The violations include the use of communication or coding facilities without certificates or declarations received on them, if this is required by law.
| Article of the Code of Administrative Offenses of the Russian Federation | Type of violation | Type of penalty |
|---|---|---|
| 13.6 Part.1 | Use of non-certified communications equipment or encryption if the legislation provides for their mandatory certification. |
|
| 13.6 Part.2 | Use of communication devices without declaration if the legislation does not provide for their mandatory certification. |
|
| 13.12 Part.1 | Violation of the conditions of permission to carry out activities in the field of data protection (not a state secret). |
|
| 13.12 Part.2 | The use of non-certified data systems and data protection means if these are subject to certification. |
|
| 13.12 Part.3 | Violation of the terms of the license to carry out work related to the use and protection of data that is a state secret. |
|
| 13.12 Part.4 | Use of uncertified means to protect data that is a state secret. |
|
| 13.12 Part.5 | Serious violation of the conditions of permission to carry out activities in the field of data protection (no state secret). |
|
| 13.12 Part.6 | Violation of the requirements for data protection (not a state secret) established by federal laws of the Russian Federation, with the exception of the cases provided for in parts 1, 2 and 5 of this article. |
|
| 13.12 Part.7 | Violation of the requirements for the protection of data that is a state secret established by federal laws of the Russian Federation, with the exception of the cases provided for in parts 3 and 4 of this article. |
|
Criminal responsibility
Violations of the certification rules are regulated by the Criminal Code of the Russian Federation: Articles 327, 138.1 and 291. This includes serious crimes such as forgery of the certificate of conformity, illegal manufacture, acquisition and / or sale of special technical means designed to secretly obtain information , or a bribe. The type of liability varies depending on the injury. The offender can be fined up to 500,000 euros. Duty to work and restrictions on freedom of up to 8 years can be prescribed.
| Article of the Code of Administrative Offenses of the Russian Federation | Type of violation | Type of penalty |
|---|---|---|
| 327 | Forgery, production or sale of forged documents. The responsibility arises if the consumer is provided with a falsified certificate of conformity. |
|
| 138.1 | Illegal manufacture, purchase and / or sale of special technical means intended to secretly obtain information. |
|
| 291 | Bribe of officials. |
|
Violations of the rules of the EAC certification or EAC declaration are therefore a serious criminal offense, which leads to high fines, a possible business ban and even a restriction of freedom. That is why compliance with all rules during the certification or declaration process and afterwards, for example when importing products and selling them, is essential to ensure a smooth workflow. We, the team from Schmidt & Schmidt , accompany our customers in every phase of the certification or declaration process and guarantee support in all matters in order to avoid violations of any kind.
