What are the Consequences of Not Having EAC Certification?

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In order for companies to sell certain products in Eurasian Economic Union countries, they must obtain Eurasian Conformity (EAC) certification to verify it meets certain health and safety standards. While the certification process can be complicated, failing to receive EAC certification (when it is required for the product) can lead to fines, delays, and other consequences for the seller.
When is EAC Certification Required?

The EAC Mark represents conformity with the harmonized standards of Russia, Armenia, Belarus, Kazakhstan, and Kyrgyzstan: the Eurasian Economic Union (EAEU). With this certification, products can access the EAEU market, which boasts over 180 million consumers and a GDP of $2 trillion USD.

The Certificate of Conformity and Declaration of Conformity are used to demonstrate compliance with general EAEU health and safety requirements, particularly for products that are widely consumed or potentially hazardous. Products covered by EAC regulations include chemicals, vehicles, food products, electromagnetic devices, machinery, lighting, cosmetics, children’s toys, and transportation equipment.

Not all products are subject to EAC certification. But products that do fall in the scope of EAC regulations must demonstrate compliance or face fines, confiscation of goods, or other penalties.

Potential Consequences for Non-Compliance

Selling products in EAEU countries without and EAC certificate or declaration is a violation of the Code of Administrative Offenses of Russian Federation. Under Article 14.4, “The Sale of Goods, the Performance of Work, or the Provision of the Public,” the following penalties could apply for a first-time offense:
  • Citizens: 1,000-2,000 roubles
  • Officials: 3,000-10,000 roubles
  • Sole proprietors: 10,000-20,000 roubles
  • Legal entities: 20,000-30,000 roubles
Selling non-compliant products again within one year of the original offense could result in the following penalties:
  • Citizens: 2,000-5,000 roubles
  • Officials: 7,000-15,000 roubles, or disqualification from office for up to one year
  • Sole proprietors: 15,000-30,000 roubles, with or without confiscation of the goods
  • Legal entities: 20,000-30,000 roubles, with or without confiscation of the goods
Even if a product is EAC certified, sellers can face fines if the product is not correctly labeled with the EAC Mark. For a first-time offense, the following penalties apply:
  • Citizens: 3,000-5,000 roubles, and confiscation of the goods
  • Legal entities: 30,000-50,000 roubles, and confiscation of the goods
Non-compliant communication equipment is subject to additional penalties:
  • Citizens: 1,500-2000 roubles, with or without confiscation of the goods
  • Officials: 3,000-4,000 roubles, with or without confiscation of the goods
  • Legal entities: 30,000-40,000 roubles, with or without confiscation of the goods
There may be additional penalties associated with other types specialized equipment. Consult an experienced compliance professional like G&M Compliance for more information about EAC certification and how to avoid penalties for non-compliance.