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Decision of the EEC Council No. 130 of 12.11.2021

Answers to topical questions on the application of the decision of the Council of the Eurasian Economic Commission No. 130 dated 12.11.2021 "On the Procedure for the import into the Customs territory of the Eurasian Economic Union of products subject to mandatory conformity assessment in the customs territory of the Eurasian Economic Union".

Does the Procedure apply to the import by individuals of products that are goods for personal use (within the meaning of subparagraph 46 of paragraph 1 of Article 2 of the EAEU TC)?

The rules of Procedure do not apply to this category of goods, since individuals carry out customs declaration of goods for personal use without premises…

The rules of Procedure do not apply to this category of goods, since individuals carry outcustoms declarationgoods for personal use without being placed under customs procedures (paragraph 1 of Article 104, paragraph 4 of Article 258, article 260The EAEU TC).

Can a person importing products authorize any person to act as a declarant and submit to the customs authorities simultaneously with the declaration of goods conformity assessment documents?

Paragraph 10 of the procedure for the import into the customs territory of the EAEU of products subject to mandatory conformity assessment in the customs territory of the EAEU by an established Decision cannot…

Can not

Item 10 of the order of importation into the customs territoryThe EAEUproducts subject to mandatory conformity assessment in the customs territory of the EAEU establishedBy the decision of the EAEC Council No. 130 of 12.11.2021  it is determined that a person who, in accordance with Article 83 of the EAEU Customs Code, has the right to act as a declarant of goods, if he is at the same time, may submit to the customs authorities documents provided for in paragraph 4 of the Procedure confirming compliance with technical regulation measures when importing products specified in the Lists,:

  • the person indicated in the documents confirming compliance with technical regulation measures as an applicant when assessing the conformity of these products with mandatory requirements;
  • by the person specified in the vehicle type approval (chassis type approval);
  • a person authorized by the applicant during the conformity assessment or by the manufacturer to use such documents to confirm compliance with technical regulation measures (for mass-produced products).

At the same time, it should also be borne in mind that in accordance with the second paragraph of paragraph 4 of Article 82 of the EAEU Customs Code on behalf of the declarant of goodscustoms operations, including those related to the submission to the customs authorities of documents confirming compliance with the technical regulation measures provided for in paragraph 4 of the Procedure, may be carried out by a customs representative acting on behalf of the declarant.

In some cases, it is sufficient to present documents on conformity assessment at the first delivery. Paragraphs 1 and 2 of Article 7 of the EAEU TC define that goods are placed under customs procedures in compliance with prohibitions and restrictions, which, according to subparagraph 10 of paragraph 1 of Article 2 of the EAEU TC, include, inter alia, technical regulation measures.

Information on compliance with technical regulation measures, taking into account the provisions of subparagraphs 4 and 7 of paragraph 1 of Article 106 of the EAEU TC, is subject to indication in the goods declaration. At the same time, documents confirming the information stated in the goods declaration, including documents confirming compliance with technical regulation measures, must be with the declarant at the time of submitting such a declaration for goods to the customs authority, except for the cases specified in paragraph 3 of Article 108 of the EAEU Customs Code.

Paragraph 1 of Article 80 of the EAEU Customs Code provides for the right of customs authorities to require persons defined by the EAEU Customs Code to submit documents that, in particular, are necessary to ensure compliance with technical regulation measures. According to paragraph 6 of Article 80 of the EAEU Customs Code, such documents are submitted in the form of electronic documents or paper documents. At the same time, it is allowed to submit copies (including paper copies of electronic documents) of these documents, if the Treaty on the Union, international treaties and acts in the field of customs regulation and (or) international treaties of the member States with a third party do not establish mandatory submission of originals of such documents. Taking into account the provisions of paragraph 5 of Article 340 of the EAEU TC, the submitted copies of documents must be certified by the person who submitted them.

In accordance with paragraph 2 of Article 80 of the Customs Code of the EAEU, these documents may not be submitted to the customs authority if information about such documents and (or) information from them can be obtained by customs authorities from the information systems of customs authorities, as well as from the information systems of state bodies (organizations) of the member states within the framework of information interaction of customs bodies and state bodies (organizations) of the member states.

In accordance with the Procedure for filling out the declaration for goods approved by the Decision of the Customs Union Commission No. 257 dated 20.05.2010 (hereinafter referred to as the Procedure for filling inDT), in column 44 of the goods declaration, information about the documents on the basis of which the goods declaration was filled out, confirming the declared information about each product specified in column 31 of the goods declaration, is indicated. The current version of the Procedure for filling in the DT does not contain provisions on specifying the details of the Notification when importing products subject to mandatory assessment of compliance with the requirements of the technical regulations of the EAEU, for which, in accordance with paragraph 6 of the Procedure, confirmation of compliance with technical regulation measures is not required.

Classifier of types of documents and information approved by the Decision of the Board of the Eurasian Economic Commission dated 20.09.2010 No. 378 (Appendix No. 8), does not contain a separate code for such a document. This Classifier has the code "01999" (Other documents confirming compliance with prohibitions and restrictions).

Thus, information aboutnotification, as a document confirming the attribution of goods to the categories listedin paragraph 6 of the Order, are indicated in column 44 of the goods declaration under the code "01999".

Does the declarant have the right not to confirm compliance with technical regulation measures when importing components for the production of finished products and their subsequent sale on the territory of the EAEU?

When importing components (components, raw materials, materials) without confirmation of compliance with technical regulation measures, the purpose of import is important – the production of finished products from them…

When importing components (components, raw materials, materials) without confirmation of compliance with technical regulation measures, the purpose of importation is important – the production of finished products from them.

The order does not limit the list of applications of finished products made from imported components (components, raw materials, materials), since the purposes of its production may be different, including the sale of such products to consumers in the course of commercial activity.

Thus,declaranthas the right not to confirm compliance with technical regulation measures when importing components (components, raw materials, materials) subject to the above condition.

If components (components, raw materials, materials) are imported for the purpose of their sale on the territory of the EAEU, then it is necessary to confirm compliance with technical regulation measures.

Also, confirmation of technical regulation measures when importing components (components, raw materials, materials) is required if mandatoryconformity assessmentsuch products are provided for by the technical regulations of the EAEU.

Is the import of components (components, raw materials, materials) for the production of finished products for the purpose of its further sale an import "exclusively for the purposes of the declarant" provided for in subparagraph "e" of paragraph 6 of the Procedure?

Yes, it is. The declarant has the right not to confirm compliance with technical regulation measures when importing components (components, raw materials, materials), provided that…

Yes, it is.

The declarant has the right not to confirm compliance with technical regulation measures when importing components (components, raw materials, materials), provided that he has a document confirming the transaction, and in the absence of a transaction – if there is a document confirming the right to own, use and (or) dispose of such components, components, raw materials and (or) materials.

In this case, the declarant submits tocustoms authoritiesnotification of the purposes of importation in the form established by the annex to the Procedure.

Is it possible to import spare parts into the territory of the EAEU without confirming compliance with technical regulation measures in order to sell them to third parties as part of repair and maintenance work on equipment previously sold by the supplier to these third parties?

Yes, it is possible. According to subparagraph "d" of paragraph 6 of the Procedure, the condition for exemption of the declarant from confirmation of technical regulation measures when importing spare parts…

Yes, it is possible.

According to subparagraph "d" of paragraph 6 of the Procedure, the condition for the declarant's exemption from confirmation of technical regulation measures when importing spare parts for maintenance and (or) repair of previously imported finished products is the submission to the customs authority of documents on conformity assessment of finished products (including expired ones) requiring maintenance and (or) repair, and (or) information about such documents.

In this case, the declarant submits to the customs authorities a notification of the purposes of importation in the form established by the annex to the Procedure.

Spare parts can only be imported:

  • a person authorized by a foreign manufacturer of finished products to service and (or) repair finished products previously imported or imported by the specified person into the customs territory of the EAEU;
  • the manufacturer of the EAEU member state or a person authorized by him for the maintenance and (or) repair of finished products previously produced and put into circulation, for which compliance with mandatory requirements has been confirmed.

At the same time, the import of spare parts may be carried out by other persons, provided that there is a transaction between an authorized foreign manufacturer (or a manufacturer of the EAEU and (or) an authorized person) and third parties.

The transaction between these persons provides confirmation of the right of transfer of ownership to finished products previously imported or manufactured on the territory of the EAEU that require maintenance and (or) repair on a gratuitous or reimbursable basis, and must be fixed by a separate agreement, contract, or other document provided for by the Civil Code of the EAEU member State.

Such a mechanism ensures traceability of the transfer of ownership rights to finished products, including the rights to use documents on conformity assessment of finished products.

At the same time, confirmation of compliance with technical regulation measures with respect to imported spare parts is required if, during their import, the declarant has not submitted to the customs authority documents on conformity assessment of finished products requiring maintenance and (or) repair, and such spare parts are imported for sale in the customs territory of the EAEU.

Separately, it should be noted that if the products imported as spare parts are not included in the lists established by paragraph 2

The Order does not apply to such products and confirmation of compliance with technical regulation measures is not required for them during import.

Is it enough for the declarant to have a registration certificate for a medical device requiring maintenance or repair when importing spare parts for medical equipment registered under the rules of the EAEU?

Enough. According to subparagraph "d" of paragraph 6 of the Procedure, the condition for exemption of the declarant from confirmation of technical regulation measures when importing spare parts for…

Enough.

According to subparagraph "d" of paragraph 6 of the Procedure, the condition for the declarant's exemption from confirmation of technical regulation measures when importing spare parts for maintenance and (or) repair of previously imported finished products is the submission to the customs authority of documents on conformity assessment of finished products (including expired ones) requiring maintenance and (or) repair, and (or) information about such documents.

Spare parts can only be imported:

  • a person authorized by a foreign manufacturer of finished products to service and (or) repair finished products previously imported or imported by the specified person into the customs territory of the EAEU;
  • the manufacturer of the EAEU member state or a person authorized by him for the maintenance and (or) repair of finished products previously produced and put into circulation, for which compliance with mandatory requirements has been confirmed.

In accordance with paragraph 3 of the Rules for Registration and Examination of Safety, Quality and Effectiveness of Medical Devices approved by the Decision of the CouncilECENo. 46 of 12.02.2016, registration certificate is a document of a single form confirming the fact of registration of a medical device, that is, the fact of passing the procedure for issuing a permit by the authorized body for the medical use of a medical device within the EAEU.

Thus, such a document is a document confirming the compliance of a medical device with safety requirements, and can be applied as a document on the conformity assessment of a finished medical device.

What has changed since 01.02.2022 in the registration of declarations of conformity in connection with the entry into force of the Decision of the EEC Council N 130 of 12.11.2021.

When registering declarations of conformity from 01.02.2022, it is mandatory: Upload a letter and contract from the laboratory (certification body)…

When registering declarations of conformity from 01.02.2022, it is mandatory:

  1. Upload a letter and contract from the laboratory (certification body) indicating the number of imported samples.
  2. Prescribe the DT number for the import of samples

This applies to all declarations issued for batch and serial production and are mandatory.

If there is no DT in the register, it is possible to select "no" in the column "information on customs declaration", while it will be possible to unload the DS, but there will be no evidence base to your protocol, since the absence of DT means that the samples were not imported.

Whether it is necessary to provide a notification in accordance with the annex to the Decision of the EEC Council No. 130 of 12.11.2021 to the customs authority when submitting the declaration.

The form of notification of confirmation provided for by the Procedure for the import into the Customs Territory of the EAEU of products subject to mandatory conformity assessment in the customs territory of the EAEU…

ProvidedThe procedure for the import into the customs territory of the EAEU of products subject to mandatory conformity assessment in the customs territory of the EAEU,notification formon confirmation of the use for the stated needs and purposes of imported (imported) products subject to mandatory conformity assessment in the customs territory of the EAEU, in respect of which, when placed under customs procedures, confirmation of compliance with technical regulation measures is not required (hereinafter - Notification),it is necessary to submit to the customs authority, in particular, when using the electronic form of customs declaration.