FAQ:Declaration and Certificate of Conformity to Technical Regulations of the EAEU

From IFCG Encyclopedia

Contents

General

Why you may need EAC Certificate and Declaration?

Certificate and Declaration of Conformity to Technical Regulations of the Eurasian Economic Union (hereinafter — EAC Certificate and Declaration or EAC documents) are official documents that prove safety and evidence conformity of products to the requirements of Technical Regulations of the EAEU.

EAC Certificate and Declaration are required to import goods to the EAEU countries (Russia, Belarus, Kazakhstan, Kyrgyzstan, Armenia), and to sell them on the markets of all the above countries.

In what countries do EAC Certificate and Declaration apply?

Declaration of Conformity and Certificate of Conformity apply on the territories of all EAEU member countries (Russia, Kazakhstan, Belarus, Armenia, Kyrgyzstan), regardless of the country where they were issued.

Procedures of obtaining the EAC Certificate and Declaration

Who may apply for EAC Certificate and Declaration?

EAC Certificate and Declaration may be issued to legal entities and sole proprietors registered in the EAEU countries. Specifically, the EAEU law stipulates the following list of possible applicants:

  • Manufacturers of the goods;
  • Sellers (importers) of the goods;
  • EAEU entities/persons who act on behalf of a foreign manufacturer based on a special agreement.


Foreign company may not apply for a Declaration or Certificate of Conformity.

Representative office of a foreign company in Russia also cannot obtain the Declaration or Certificate, as representative office is not considered a legal entity in Russia.

What is the procedure of obtaining EAC Certificate and Declaration?

To obtain a Declaration or Certificate of Conformity, one should start with applying to one of the certification centers in any EAEU country, and provide information required for their review (HS codes, product description (datasheet, operations manual, drawings, diagrams, safety justification, list of ingredients, test reports, etc.). Certification specialists will determine documents required further, as well as Technical Regulations to which the products should conform.

Starting from 2018, due to tightening of certification rules, issue of a Declaration and Certificate of Conformity also requires testing of products (1 sample is usually enough for testing).

All issued EAC Declarations and Certificates are registered with their data published in special registers on the EAEU website (currently available only in Russian)[1].

EAC Certificate and Declaration: common features and differences

Common features:

  • Certificate and Declaration of Conformity have equal legal force and prove conformity of products to the requirements of the Technical Regulations;
  • Certificate and Declaration may be issued for a batch of goods (e.g. batch imported within one shipment), for series-produced goods (for 1, 3 or 5 years), or for a one-of-a-kind product.


Differences:

  • The certificate is issued on a special A4 blank with several forge protection features; the declaration is issued on a sheet of regular A4 list of paper;
  • The certificate is in general issued for more complex products that require stricter state control;
  • Liability for information provided in the Declaration of Conformity lies on the applicant. Liability for information provided in the Certificate of Conformity lies on the accredited certification authority that issued the Certificate.

What information do the EAC Declaration and Certificate of Conformity contain?

The Declaration and Certificate contain the following data:

  • Name, address and accreditation details of the certification authority that issued the document;
  • Name, address and accreditation details of the testing laboratory that tested the product sample;
  • Name, address, telephone, e-mail of the applicant;
  • Name, address of the product manufacturer (with a list of branches, if any);
  • Product information: name, model/SKU;
  • Code according to the Harmonized Commodity Description and Coding System of the EAEU (EAEU HS code);
  • Names of the Technical Regulations which the document is issued for;
  • Information about documents used as a basis (test reports, quality management certificate, etc.);
  • Additional information (shelf life, storage conditions, packaging details, etc.);
  • Term of validity of the Declaration and Certificate;
  • Certificate: seal, signatures of the expert and head of the certification authority that issued the document. Declaration of conformity is signed by the applicant.


Any information that goes beyond the space on the main sheet of the document (e.g., branches of the manufacturing plant or product models) may be provided in appendices to the document.

Is it possible to use wildcard characters (***, XXX, etc.) in a product name or model/SKU?

Yes, they may be used, if such characters provide for unambiguous identification of variable parameters of a product that do not affect its quality. For example, parameters that do not affect quality of a product include, among others, product color, retail package features, etc.

In this case, the applicant should provide a documentary proof that wildcard characters are used solely to encode the above parameters.

The key for decoding wildcard characters should be provided in the document after the product description or in an appendix to the Declaration or Certificate.

Validity of EAC Certificate and Declaration

1. Certificate and Declaration for series-produced goods may be issued for 1, 3 or 5 years
The applicant may import products listed in the EAC document within 1, 3 or 5 years. The Certificate and Declaration for series-produced goods do not restrict amount of imported goods.

2. Batch of goods
Certificate or Declaration for a batch of goods is issued for a certain amount of goods (e.g. 1100 pieces, 300 kg), imported within a specific contract and invoice. Certificate and Declaration will remain valid until distribution of the whole batch. It is impossible to import another batch of goods under the same Certificate or Declaration, even if the amount is the same.

3. One-of-a-kind product
If a product is imported to the EAEU territory as a one-of-a-kind piece, a Certificate or Declaration may be obtained for a one-of-a-kind product (one engine, one commercial air conditioner).

Is it possible to state several HS codes in one Declaration or Certificate of Conformity?

Several HS codes may be stated in the same Declaration or Certificate, but they must have the same first four digits.

Is it possible to list all plants where the product is manufactured in one EAC document?

EAC document shall contain only one principal manufacturer (its name and address). Any other manufacturing facilities (e.g. plants) may be listed as branches.

Other questions

Which particular document (Declaration or Certificate of Conformity) should be obtained for a specific product?

To determine whether the product requires EAC document and which one, do this:

1. Ensure that the product is included to the Common list [2] of products subject to mandatory certification in the EAEU.

2. Find the proper EAEU Technical regulation(s) that have the product within their scope (see List of the adopted Technical Regulations of the Customs Union/Eurasian Economic Union). Technical regulations in most cases list which products require Certificate or Declaration in a designated section.

If there is no suitable Technical regulation for the product (or if it is not even in the Common list), it may still need a Certificate/Declaration of conformity to the national standards of the particular EAEU member country.

Is it possible to obtain a Certificate of Conformity instead of the Declaration of Conformity?

Certificate of Conformity may be obtained instead of Declaration of Conformity at the applicant’s discretion. However, this possibility should be explicitly stipulated in the respective Technical regulation.

How can be a mistake in a Declaration and Certificate of Conformity corrected?

It is impossible to correct mistakes or make changes in the registered Certificates and Declarations of Conformity. If any mistake is found, the document should be re-issued. Incorrect Certificate or Declaration is cancelled, and the new document is assigned another registration number.

Is it possible to renew an EAC Declaration and Certificate of Conformity?

New document should be issued upon expiration of Certificates and Declarations of Conformity.

How can an EAC document be verified?

Authenticity of Certificates and Declarations of Conformity may be verified through the official register on the EAEU website[1].

One may also find there information about accredited certification authorities and laboratories.

Is it possible for a company to use an EAC document issued to other company?

Yes, it is possible.

In such case the company that obtained the Certificate or Declaration should provide the other company with a power of attorney to use the document in question.

How can be a copy of an EAC Certificate and Declaration made correctly?

An applicant may make a copy of the Certificate of Conformity on regular A4 sheets of paper. Copies of the Certificate should bear a seal, an inscription “true copy” and a signature of an authorized representative of the applicant company.

Copy of a Certificate of Conformity may be also certified by the certification authority that issued such Certificate, or a notary (upon presentation of the original Certificate).

Copies of the Declaration of Conformity may be made on regular A4 sheets of paper, certified by a seal and signature of an authorized representative of the applicant.

Is there any liability for violation of certification rules?

Liability for violation of rules of the Technical Regulations in the EAEU is governed by the national laws of member countries.

Importation and sale of goods without a Certificate or Declaration of Conformity in Russia is an administrative offence punishable by a fine (sometimes with seizure of goods).

How can be a set of products (cosmetics, gift sets, sets with food products, etc.) certified?

Any goods constituting a set should be certified individually, as different goods in the set may require different documents — Certificate or Declaration.

E.g., a cosmetic set consisting of shampoo, body deodorant and a toiletry case will be certified as follows:

  • Shampoo — Declaration of Conformity to the CU TR “On safety of cosmetic products”;
  • Deodorant — Declaration of Conformity to the CU TR “On safety of cosmetic products";
  • Toiletry bag — Declaration of Conformity to the CU TR “On safety of light industry products".

3 Declarations of Conformity in total.


Food gift baskets are certified in the same way. E.g., a basket consisting of a bottle of olive oil, can of olives and fridge magnet is certified as follows:

  • Olive oil — Declaration of Conformity to the CU TR “On food safety”, CU TR "On food product labeling", "On safety of fat-and-oil products";
  • Canned olives — Declaration of Conformity to the CU TR “On food safety”, CU TR "On food product labeling", CU TR “On safety of food additives, flavoring agents and processing aids";
  • Magnet — not subject to obligatory certification.

2 Declarations of Conformity in total.

Are home-made products subject to certification?

Home-made products (toys, sweets, cakes, clothes, etc.) for personal use are not subject to certification.

If home-made products are planned for sale in the EAEU market, they shall be subject to the same requirements as those for series-produced goods, and, consequently, they shall need an EAC Certificate or Declaration.

References

  1. 1.0 1.1 Common register on the EAEU website is under construction as of early 2019. It is recommended to use websites of national state bodies. In Russia it is Federal Service for accreditation (RusAccreditation), see register of certificates and register of declarations.
  2. The list of products adopted by the CCU Decision No 526 of January 28, 2011.

External links

Official web-site of Russian Federal Service for Accreditation