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What procedures do customs authorities provide for confirming compliance with the requirements of technical regulation measures?

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Customs authoritiesensure compliance with the established in accordance with international treaties of the member states of the Eurasian Economic Union (hereinafter referred to as -The EAEUand the legislation of the Russian Federation bans and restrictions on goods imported into the Russian Federation, as well as contribute to the implementation of measures to protect human life and health and the interests of consumers of goods imported into the Russian Federation.

Article 29 of Federal Law No. 184-FZ of 27.12.2002 “On technical regulation” the conditions for the import into the territory of the Russian Federation of products subject to mandatory conformity assessment are defined.

Upon detection of products entering circulation without a conformity assessment (confirmation) document, the customs authorities of each EAEU member state take measures to prevent the release of these products into circulation.

The list of documents and information required for the customs declaration of goods and for their release, as well as the deadlines for their submission, are established by the Customs Code of the Eurasian Economic Union (The EAEU TC).

The import of products (goods) subject to mandatory conformity assessment (confirmation) is carried out in accordance with the Regulation on the Procedure for importing products (goods) into the Customs territory of the Customs Union, in respect of which mandatory requirements are established within the Customs Union, approved by the Decision of the Board of the Eurasian Economic Commission dated December 25, 2012 No. 294.

The Customs Code of the EAEU includes norms providing for the possibility for a participant in foreign economic activity to submit information on permits when performing customs operations in order to confirm compliance with prohibitions and restrictions.

Article 109 of the Customs Code of the EAEU provides for the right of the declarant to submit, before filing a declaration for goods or after filing a declaration for goods before the release of goods, documents confirming information about the origin of goods, compliance with prohibitions and restrictions, if information about such documents and (or) information from them cannot be obtained by the customs authority in accordance with paragraph 2 of Article 80 The Customs Code of the EAEU, and the procedure for submitting these documents may also be established. This procedure was approved by Order of the Ministry of Finance of the Russian Federation Order of the Ministry of Finance of the Russian Federation No. 40n dated 06.03.2018 "On determining the Procedure for the declarant to submit documents confirming the origin of goods, compliance with prohibitions and restrictions before submitting a declaration for goods or after submitting a declaration for goods before the release of goods."

At the same time, documents and (or) information necessary for customs operations may not be submitted to the customs authority when they are performed, if information about such documents or information from them or other information necessary for customs authorities to perform customs operations can be obtained by customs authorities from information systems directly of customs authorities, as well as from information systems of other federal executive authorities within the framework of information interaction (Article 80 of the EAEU Customs Code “Documents or information necessary for customs operations”).

In order to inform participants of foreign economic activity about the possibility of obtaining by customs authorities information about documents required for customs operations, and (or) information from such documents, and (or) other information required by customs authorities for customs operations, from the information systems of customs authorities, as well as to accelerate customs operations by participantsForeign economic activityand optimization of customs control by the customs authorities has developed the information service “Permits” of the APS “Personal Account” (hereinafter referred to as the Personal Account).

The personal account provides two options for registration:

  • easy access with a login and password (a typical role is viewing the services of a Personal Account);
  • full access using the enhanced qualified electronic signature of the declarant (the role of the user is the ability to request information about the authorization document in the federal executive authority using the system of interdepartmental interaction and the subsequent placement of such a document in the electronic archive of the declarant).

The information from the Personal Account is used by the declarant exclusively on a voluntary basis and their non-use is not a ground for refusal to register the customs declaration and release of goods.

Published 3 years agofrom 
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