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

1. Code of Administrative Offenses of the Russian Federation
2. The Criminal Code of the Russian Federation
3. Customs Code of the Eurasian Economic Union
4. 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.

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.

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.

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.

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.

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.

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.

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.