A public discussion on the drafting of procedures for the suspension, renewal, invalidation and revocation of EAC certificates and EAC declarations has started in Russia

A public discussion on the drafting of procedures for the suspension, renewal, invalidation and revocation of EAC certificates and EAC declarations has started in Russia

On April 15, 2021, a draft of the government of the Russian Federation was submitted for public discussion. It concerns the procedure for the suspension, renewal, declaration of invalidity and revocation of the EAC certificates and EAC declarations.

The public discussion should end on May 6, 2021. The document is expected to come into force on June 21, 2021, but some provisions will apply from September 1, 2021.

The draft defines the separation of powers between the state control bodies, the Rosaccreditation (Ministry of Economic Development and national accreditation system in Russia) as well as the certification bodies and manufacturers.

Regulations for registering an EAC declaration

The procedure for registering EAC declarations largely contains the old provisions of the Ministry of Economic Development of the Russian Federation No. 478 of July 31, 2020. However, some new clarifications are noted. This applies, for example, to GLN (global location number).

If there is no global location number, it is necessary to inform about it. Instead of this number, another individual identifier must be specified, which enables automatic identification of the location of the manufacturer and the production location.

If there is also no such identifier, the geographical coordinates (in the GLONASS - Global Navigation Satellite System) of the manufacturer's location and the production site must be specified.

Suspension of the EAC certificate or the EAC declaration by the state control authorities

The state control authorities have the right to suspend the validity of the EAC certificate/EAC declaration in the following cases:

  • The production and the required documents do not adhere to any mandatory safety requirements
  • The attestation of conformity has already been suspended and the applicant (or the certification body) has not informed about it within the prescribed deadlines according to the order. Or the applicant (or the certification body) has not fulfilled the order to suspend the EAC declaration according to the order within the specified deadlines
  • The materials required to check the conformity of products were not provided
  • Required materials, on the basis of which the EAC declaration was issued, were not made provided

Revocation of the EAC certificate or the EAC declaration by the state control authorities

If the errors that led to the suspension of the EAC certificate/EAC declaration have not been eliminated, the state control authorities have the right to revoke the EAC certificate/EAC declaration. These are the following cases:

  • The products do not meet the requirements that directly affect the indicators of their safety. Or the threat to the safety of life and/or the health of people, the environment, life and/or the health of animals and plants arises
  • The information on the applicant and/or the manufacturer, the installation company, the addresses of their location and/or the implementation of certification/declaration are inaccurate
  • Information and documents that were used for the confirmation of conformity are inaccurate
  • The EAC certificate or the EAC declaration do not meet the requirements for the certificates of conformity assessment. These requirements are established by the legislation of the Russian Federation in the field of technical regulation and/or by the legislation of the EAEU
  • The EAC certificate/EAC declaration was issued in violation of the specified conformity assessment procedures
  • The EAC certificate/EAC declaration was issued by a person who cannot submit an application for the conformity assessment according to the selected scheme

Suspension of the EAC certificate or the EAC declaration by the Rosaccreditation

Rosaccreditation has the right to suspend the EAC certificate/EAC declaration for the following reasons:

  • Information and documents contained in the uniform register do not meet the requirements for information that must be contained on the EAC certificate/EAC declaration
  • There is no requirement in the legislation that the conformity of a certain product has to be confirmed by EAC certification/EAC declaration
  • The errors that lead to the invalidation of documents issued by the accredited laboratories have been identified
  • The EAC certificate or the EAC declaration was issued on the basis of a test report, on the basis of which another certificate was previously issued or another declaration was already registered

A special procedure is provided for the EAC declaration if the tests were carried out in a test laboratory that does not meet the requirements of the required scheme. These are the following cases:

  • The EAC declaration was issued due to incomplete test results or inadequate test methods
  • The EAC declaration was issued on the basis of a test report that was invalidated by the Rosaccreditation
  • The EAC declaration was issued by a certification body, while the accreditation of this certification body was suspended in the national accreditation system
  • The EAC declaration was issued by a certification body outside its sphere of accreditation
  • The EAC declaration was issued by a certification body that is not included in the uniform register of EAEU conformity assessment bodies
  • There is no information on the performance of the inspection control within the established timeframe in the unified register (if this is provided for in the relevant scheme)

Revocation of the EAC certificate or the EAC declaration by the Rosaccreditation

The EAC certificate/EAC declaration can be revoked by the Rosaccreditation for the following reasons:

  • The EAC certificate or the EAC declaration was suspended and the additional information on the reasons that led to the suspension of the EAC certificate or EAC declaration was not made available by the applicant and/or the certification body within the specified time frame
  • The test report, which served as the basis for issuing the EAC certificate/EAC declaration, was declared invalid
  • The certification body did not meet the requirement to invalidate the results of its work as an accredited person
  • The fact of intentionally providing incorrect and/or inaccurate information has been identified

Suspension of the EAC certificate by the certification body

The certification body has the right to suspend the certificate in the following cases:

  • Production endangers the safety and/or health of human life, property, the environment, life and/or the health of animals and plants
  • The products do not meet the requirements of the legislation of the Russian Federation
  • The inspection control was carried out unsuccessfully
  • Applicant refuses to perform an inspection check
  • The design of the product or the technology of its manufacture has been changed so that this may affect the safety indicators. In addition, the applicant did not inform the certification body about this fact and did not submit the required documents
  • The applicant voluntarily wants the EAC certificate or the EAC declaration to be suspended
  • The applicant does not have a valid certificate of conformity for the qualification management system (if this is provided for in the relevant scheme)
  • The applicant's and/or manufacturer's organization was liquidated or production was discontinued from series production on the applicant's initiative
  • The state control body or Rosaccreditation have informed about the need to suspend the certificate of conformity

There are a few more important notes in the draft:

  • “The period of validity of the EAC certificate is suspended, renewed and revoked from the date of entry of the relevant information in the uniform register. The EAC certificate is then invalid from the date of issue."
  • “The period of validity of the EAC declaration is suspended, renewed and revoked from the date of entry of the relevant information in the uniform register. The EAC declaration is then considered to be invalid from the date of its registration."

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