Most products sold on the territory of the Russian Federation and the Eurasian Economic Union (EAEU), e.g. Belarus, Kazakhstan, Kyrgyzstan and Armenia are subject to confirmation of conformity with the corresponding technical regulations of the Eurasian Economic Union and EAC certification and marking.

Under current law and in accordance with the technical regulation of the Eurasian Economic Union, only a company established in the territory of the customs union may apply for EAC certification or registration of an EAC declaration (EAC Declaration of Conformity).

Companies outside the EAEU, for example in Germany or the EU, are not allowed to declare their own products or to mark them with EAC - Eurasian Conformity marks.

The reason for this is that the enforcement of the claims by appropriate regulatory authorities in foreign companies can lead to difficulties arising from violations of quality and safety standards.

You can work around this problem by using the services of an authorized representative in the Eurasian Economic Union.

According to the Protocol on Technical Regulation in the Eurasian Economic Union (Appendix No. 9 to the Treaty on the Eurasian Economic Union):

The Authorized Representative - a legal or natural person duly registered by a member state of the Eurasian Economic Union (EAEU) who represents the (foreign) manufacturer on the basis of a contract in the conformity assessment and placing products on the common customs territory of the EAEU and for the manufacturer to take responsibility for compliance with Union quality and safety standards.

According to the "Agreement on the coordinated policy of technical regulation, sanitation and phytosanitary measures" adopted by the Governments of the States of the Eurasian Economic Community on 25 January 2008, the authorized representative must comply with the following requirements:

• The authorized representative must be registered in the territory of a member state of the EAEU
• A contract must be concluded between the manufacturer and the authorized representative for the implementation of the EAC certification or the EAC declaration
• An authorized representative assumes responsibility for compliance with the quality and safety standards

On the basis of a service contract with the manufacturer, the authorized representative carries out the conformity confirmation of the products with the requirements of the technical regulation in his own name and responsibility. The address and contact information of the authorized representative is indicated in the declaration of conformity or in the certificate. Thus, the authorized representative acts as the guarantor of a foreign company in the EAEU.

The transfer of manufacturer's rights to the authorized representative shall be based on a written contract with a clear reference to the rights and limitations of the authorized representative.

Schmidt & Schmidt has its own branch in Kazakhstan and is therefore entitled, in accordance with the regulations of the Eurasian Economic Union, to act as an Authorized Representative in the EAC conformity assessment for companies from Germany and the EU.

Tasks of the authorized representative in the EAEU

The most important task of the authorized representative is to represent the interests of the foreign producer in the cooperation with the supervisory authorities of the Eurasian Economic Union in respect of both the safety and quality of products as well as compliance with technical regulations.

This means that the authorized representative must be accessible at the address indicated on the certificate of conformity and have the necessary technical documentation about the conformity of the products with the technical requirements of the EAEU to be submitted to the supervisory authority in a very short time.

The tasks of the authorized representative include:

• settlement of the certificate of conformity: EAC certification or registration of the EAC declaration of conformity on behalf of the manufacturer, on the basis of technical documentation, test reports and expert opinions made available by the manufacturer or by designated testing bodies
• storage of the technical documentation
• appointment as a contact for the regulatory and supervisory authorities in case of questions regarding safety, quality of the products
• representation of the manufacturer in the context of studies of consumer accidents and conformity control
• inform the manufacturer of the changes in the technical regulations relevant to the manufacturer's products
• inform the consumer about the product's characteristics
• participation in the withdrawal of the products from the market by decision of the supervisory authorities or of the manufacturer

According to Article 36 of the Federal Law № 184 of the Russian Federation "On technical regulation" the authorized representative is responsible for the non-compliance of technical regulations and for damage to life, health, property or the environment, both civil and criminal law.

It goes without saying that the authorized representative of a foreign manufacturer is bound by confidentiality and is not entitled to disclose confidential information relating to the business of the foreign manufacturer, including technical information, unless such information is required for carrying out activities under the legislation of the Member States of the Eurasian Economic Union.

Role of the Authorized Representative in the EAC Conformity Assessment

According to the regulations of the Eurasian Economic Union (EAEU), an application for an EAC Certificate or EAC Declaration may only be submitted by a company registered within the territory of the EAEU. In this process, the Authorized Representative assumes the role of the applicant and is entered in the conformity documents as the holder of the certificate or declaration (cf. Decision of the EAEU Commission No. 293 of 25.12.2012).

Only the Authorized Representative is entitled to issue a power of attorney for import to importers, which enables customs clearance for free circulation within the EAEU. Without such authorization, the goods cannot be released for free circulation by the customs authorities. In critical cases, this may result in return shipment, storage at the importer’s expense, or even destruction of the products.

Risks of exclusive dependence on a distribution partner

In practice, a manufacturer’s distribution partner often acts as the applicant. As a result, the partner automatically acquires the exclusive distribution right for the entire validity period of the certification. Other partners can only import the products if they are granted the corresponding authorizations by the applicant. This creates considerable dependence of the manufacturer on the distribution partner and may restrict market development.

Problems with Unreliable Representatives

If an authorized representative ceases operations, becomes insolvent, or is no longer reachable, no new power of attorney for import can be issued. In practice, even existing certificates lose their validity. This represents a significant economic risk and may seriously disrupt supply chains.

Our Solution

To avoid these risks, choosing a neutral and reliable Authorized Representative is of central importance. Schmidt & Schmidt assumes this function for international manufacturers in the EAEU Member States. We act independently of individual distributors and, if required, issue individual power of attorney for import for several distribution partners. In this way, changes in the distribution structure can be implemented at any time in full legal compliance. This ensures long-term market access to the EAEU for our clients and minimizes both legal and economic risks.

Contract with the Authorized Representative

The technical regulations stipulate that foreign manufacturers and applicants must conclude a contract with the authorized representative. This contract is one of the most important documents required for the issuance of the EAC Declaration and the EAC Certificate ( certification schemes 1c, 2c, 5c, 6c, 7c, 8c and declaration schemes 1d, 3d, 5d, 6e). The certification body verifies whether the applicant has such a contract. The contract signifies that the applicant assumes full responsibility for the safety of the products.

The mandatory submission of the contract when issuing the EAC Certificate is stipulated in Section III, clause 14, and for the EAC Declaration in Section IV, clause 26 of the Decision of the Board of the Eurasian Economic Commission No. 44 of 18 April 2018.

The contract with the authorized representative must grant this person the right to take measures for the assessment (confirmation) of the conformity of products with the requirements of the technical regulations of the Union. In addition to interaction with certification bodies, such measures may include interaction with accreditation bodies (e.g. actions for registration or withdrawal of an EAC Declaration, submission of complaints), import and customs clearance of product samples, etc. All these aspects should be specified in the contract depending on the situation.

It is recommended to list the duties and responsibilities of the authorized person in detail, ensuring maximum compliance with the national legislation in the field of technical regulation (in Russia – Federal Law No. 184-FZ). This helps to avoid misunderstandings and unnecessary approvals from certification bodies and laboratories, as well as inquiries from regulatory authorities.

The contract may be drawn up in the language of one of the Member States of the Customs Union or in two languages, including the language of the manufacturer and Russian, Belarusian, or Kazakh. It must be certified by the seals and signatures of the manufacturer and the applicant and shall include the following key provisions:

• Details of the manufacturer and the representative
• Subject matter of the contract
• Duties of the representative
• Responsibilities of the manufacturer
• Responsibilities of the representative

Power of attorney for import in the EAEU

The authorized representative and not the producer is the owner of an EAC certificate or an EAC declaration. As applicant, only the authorized representative can decide who can use the EAC certificate or the declaration. This means that the authorized representative, at the request of the manufacturer, must give consent in form of a Power of Attorney to each importer in the Eurasian Economic Union, so that the importer, which is usually the buyer of goods, can present this power of attorney to custms at the time of import clearance. Without the power of attorney the goods cannot be released for free circulation and, in the worst case, will have to be disposed of at the expense of the shipper.

Thus, the manufacturer becomes somewhat dependent on his representative. Unfortunately, it is not uncommon for the authorized representative to disappear. In this case, no new power of attorney can be issued and very valuable certificates for which the representative was named as applicant can no longer be used.

Therefore, the selection of a reliable Authorized Representative in EAC conformity assessment has enormous importance.

Our services

Our company - Schmidt & Schmidt - offers you an authorized representative on the territory of the Eurasian Economic Union.

The most important prerequisite for this service is, of course, the conformity of the products with the technical requirements. At any time, we are ready to take a wide range of measures to make a certification of conformity or declaration or, if necessary, propose changes to ensure that your products meet the quality and safety standards.

In addition, we are ready to act as an importer of your products and to carry out the import customs declaration .

Contact us and we will prepare an offer in a very short time.

Your benefits

We rely on the German commercial tradition of management. Responsibility, competence and loyalty are not empty words for us, but the basis of our commercial philosophy. Our customers choose us because we prove every day that our services are the right choice for those who appreciate both your time and money.

We guarantee:

• knowledge of the legal framework
• established cooperation with notified bodies
• availability of your technical documentation for regulatory and control authorities
• support your interests in conflict with customers
• confidentiality
• operational information on changes to technical regulation

Our goal is to establish mutually beneficial and long-term business relationships with our customers and partners.

Sanctions Compliance and the Role of the Authorized Representative

In addition to the technical regulations of the Eurasian Economic Union (EAEU), European and international companies must also comply with the applicable sanctions of the European Union and the United States when undergoing EAC certification. These regulations particularly concern the export of certain goods, trade with listed individuals and entities, and the provision of technical services. Non-compliance may not only jeopardize business relationships but also entail civil and criminal liability.

The situation is particularly critical for exports to Russia and Belarus. Many testing laboratories or business partners there are listed on sanctions lists, making direct cooperation legally impermissible. Therefore, it is even more important for manufacturers outside the EAEU to appoint a reliable Authorized Representative who not only oversees the conformity assessment but also ensures compliance with sanctions regulations.

Another risk arises if shipments are blocked due to sanctions violations. Even a formally correct EAC Certificate in such cases does not provide legal certainty. The Authorized Representative thus plays a key role: they ensure the legal security of procedures, coordinate with certification bodies, and assist companies in minimizing risks.

Schmidt & Schmidt offers a legally secure solution via Kazakhstan. As an EAEU Member State, Kazakhstan is authorized to issue EAC Certificates and EAC Declarations. Through our local offices, we ensure that all certification processes are carried out in compliance with European and U.S. sanctions regulations, while still providing our clients access to the EAEU market.

Read more on this topic in our article EAC certification amidst EU and US sanctions against Russia and Belarus: navigating the complex landscape.

Costs

The costs of the representation (authorized representative) are determined individually on the basis of a risk assessment.