In this article, we would like to explain the potential risks that may arise when examining the contracting party of the certification service provider. We will detail the processes and legal requirements and point out possible difficulties.
The certification demonstrates that a product complies with the EAEU requirements. The requirements may vary depending on the product, so it is advisable to consult a competent service provider.
The regulations of the Eurasian Economic Union stipulate that only legal or natural persons with a registered office within the common economic area of the Eurasian Economic Union may conduct certification processes.
Thus, a representative of the manufacturer is required to carry out the approval processes as long as the manufacturer does not have a branch in the EAEU member states. This service is referred to as application processing.
We, AC Inorms GmbH (LLC), have two branches in the EAEU member states that can provide the corresponding application processing service for foreign manufacturers.
The tasks of a contracting party for EAC certification may vary depending on the type of contract and specific agreements. The main task of a contracting party is to represent the manufacturer in the EAEU member states.
Tasks and Responsibilities of the Contracting Party:
1. Application Processing: The contracting party is authorized by the manufacturer to organize and conduct the EAC approval process.
2. Document Maintenance and Archiving: The contracting party is responsible for the storage and archiving of the original EAC documents.
3. Document Updates: The contracting party is responsible for updating and maintaining EAC documents and EAC records.
4. Communication: The contracting party handles communication and correspondence with the approval authorities of the Eurasian Economic Union.
5. Power of Attorney for Sales Activities: The contracting party must issue a sales power of attorney to all trading partners of the manufacturer.
A foreign manufacturer without a branch in the EAEU member states must engage an authorized contracting party in the EAEU member states to conduct EAC certification in accordance with the requirements of the technical regulations of the EAEU member states.
The tasks and responsibilities of a contracting party for EAC certification are very important; therefore, the services of the contracting party in the EAEU member states are a crucial success factor in the EAC certification processes.
If a contracting party has an unclear or only a very short certification history, e.g., several certificates closed by the EAEU supervisory authorities, or if the contracting party has existed for only a few months and has hardly registered any documents, this is an indication that the contracting party is not fulfilling its contractual obligations properly.
The acquisition of services from a contracting party for certification refers to a manufacturer obtaining the services of a contracting party from a foreign company that is not connected to the certification service provider.
If a manufacturer acquires the services of a contracting party for certification from any company based in the EAEU member states, the manufacturer must consider that they are granting the company a power of attorney for the sale of their products.
In such situations, the manufacturer becomes dependent on the contracting party. The company registered as a contracting party for the EAC approval gains full control, with all possible consequences, over your products in the EAEU member states.
For our clients, we offer a complete solution for EAC certification and EAC declaration of various product groups in the EAEU member states. When you work with us, you receive a contracting party that remains under your control throughout the entire certification period.
The authorized contracting party must have its registered office in a member state of the Eurasian Economic Union. A representative of the manufacturer without a registered office in the EAEU member states has no legal basis for processing EAC approvals in accordance with the regulations of the technical regulations of the Customs Union.
Often, a sales partner of the manufacturer from the EAEU member states acts as the applicant for EAC certification. It must be noted that this sales partner receives the exclusive sales rights for the entire certification period and must issue a power of attorney for sales activities to all other sales partners.
The task of application processing for your products can be handled by our branches in Russia or Kyrgyzstan. After successful EAC certification or EAC declaration, we will issue a power of attorney for sales activities to all your sales partners.