Invalidation of the EAC certificate and the EAC declaration

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.

Legal framework

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:

Certification Authority	Products do not meet the requirements established by technical regulations or the requirements to be applied prior to the entry into force of technical regulations in accordance with the Federal Law "On Technical Regulations". Inspection control result is negative The design (composition) of the product or the technology of its manufacture has changed, which may affect the safety indicators confirmed during its certification. In addition, the applicant has not notified the certification body in writing before releasing such products and placed them on the market. The applicant makes a statement about the need to suspend the EAC certificate The applicant does not have a valid management system certificate (if required by the schema of the certification) Government supervisory authorities, the national accreditation body makes the decision to suspend the EAC certificate
Regulatory Authority	Non-conformity of products and its documentation with the requirements established by technical regulations or requirements to be applied before the entry into force of technical regulations in accordance with the Federal Law “On Technical Regulation” is determined The certification body does not have any information about the execution of the decision on the need to suspend the EAC certificate within the deadlines specified in such a decision. Or the certification body does not comply with the decision on the need to suspend the validity of the EAC certificate within the period specified by such a decision The manufacturer (seller, authorized representative) submits, at the request of the state regulatory body, evidence to verify the accuracy of information about non-compliance of products with the specified requirements of technical regulations or requirements established before the entry into force of technical regulations under the Federal Law “On technical regulation" are to be applied, before The manufacturer (seller, authorized representative) and/or the certification body does not have evidence on the basis of which the certificate of conformity was issued

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:

Certification Authority	The applicant cannot eliminate the identified errors and their causes The applicant refuses to carry out the inspection check The company of the applicant and/or the manufacturer is dissolved or the products are removed from series production at the initiative of the applicant The State Inspectorate makes a decision on the need to cancel the Certificate of Conformity
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:

Regulatory Authority	Products do not meet the requirements established by technical regulations or the requirements to be applied prior to the entry into force of technical regulations in accordance with the Federal Law "On Technical Regulations". Information about the applicant and/or the manufacturer of products, the addresses of the site and/or the performance of activities, including the places of activities for the manufacture of products is inaccurate in the EAC certificate Information and documents that served as a basis for the EAC certification of products are inaccurate EAC certificate does not meet the requirements for drafting a certificate of conformity established by the legislation of the Russian Federation in the field of technical regulation and/or the law of the Eurasian Economic Union EAC certificate is issued in violation of established procedures for mandatory attestation of conformity EAC certificate is issued by the certification body to a person who is not one of the applicants of the selected certification scheme
Pink accreditation	The information provided is not submitted by the applicant and/or the certification body that issued the EAC certificate within the specified deadlines Violations will be confirmed by the national accreditation body based on the results of checking the information provided Test report from the test laboratory, which served as the basis for issuing a certificate of conformity, is invalidated The decision of the national accreditation body to invalidate the results of the activities of the certification body is not carried out by the certification body Accreditation of the certification body that issued the EAC certificate will be cancelled if violations were found during state control

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:

Regulatory Authority	Products, their documentation does not meet the requirements established by technical regulations or the requirements applicable before the entry into force of technical regulations in accordance with the Federal Law “On Technical Regulations”. Information on the implementation of the decision of the State Inspectorate on the suspension of the EAC declaration within the period specified in the decision is not submitted by the applicant to the State Inspectorate. Or the applicant fails to comply with the decision to suspend the EAC declaration within the time limit specified by such decision Evidence to verify the reliability of information about non-compliance of products with the requirements of the technical regulations or requirements to be applied before the entry into force of technical regulations is not provided at the request of the state supervisory authority The applicant does not have any evidence on the basis of which the EAC declaration was registered at the request of the state control body (supervisory authority)
Rosaccreditation	The information contained in the uniform register does not match the information contained in the EAC declaration There is no requirement in the legislation of the Russian Federation on technical regulation and in the law of the Eurasian Economic Union that specifies that the attestation of conformity of a specific product must be carried out in the form of the EAC declaration EAC declarations issued by accredited testing laboratories are invalidated because of their activity Tests are performed in a test laboratory that do not meet the requirements of the chosen scheme of declaration, including: Tests are carried out by a non-accredited laboratory if the tests are to be carried out in an accredited test laboratory according to the scheme Tests are carried out by a test laboratory that is not the manufacturer's own test laboratory if the tests in the manufacturer's own test laboratory are provided for in the scheme EAC declaration is issued on the basis of the test report of the testing laboratory, on the basis of which another EAC declaration was previously issued (except for the cases provided for by the legislation of the Russian Federation and the law of the Eurasian Economic Union) EAC declaration is issued on the basis of test reports from test laboratories that do not provide the full scope of tests and measurements required for conformity assessment

Recognition of the EAC declaration as invalid

The reasons for invalidating an EAC declaration are as follows:

Regulatory Authority	Products do not meet the requirements established by technical regulations or the requirements to be applied prior to the entry into force of technical regulations in accordance with the Federal Law “On Technical Regulation” Information about the applicant and/or manufacturer of products, addresses of location and/or performance of activities, including places of activities for the manufacture of products is inaccurate in the EAC Declaration Information and documents that served as a basis for the EAC declaration of products are inaccurate EAC declaration does not meet the requirements for EAC declarations established by the legislation of the Russian Federation in the field of technical regulation and/or the legislation of the Eurasian Economic Union EAC declaration is issued in violation of established procedures for mandatory attestation of conformity EAC declaration is issued by the person who does not belong to the group of applicants for the conformity assessment according to the selected declaration scheme
Rosaccreditation	Additional information is not provided within the foreseen deadlines by the applicant who has accepted the EAC declaration and/or the certification body that has registered the EAC declaration. Additional information is requested due to the suspension of the EAC declaration Violations will be confirmed by the national accreditation body based on the results of checking the information provided Test report from the test laboratory, which served as the basis for issuing an EAC declaration, is declared invalid

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.