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Decision of the EEC Council No. 130 dated November 12.11.2021, XNUMX

On the procedure for importing into the customs territory of the EAEU products subject to mandatory conformity assessment in the customs territory of the EAEU

In accordance with paragraph 8 of the Protocol on technical regulation within the framework EAEU (Appendix No. 9 to the Treaty on the EAEU dated May 29.05.2014, 2), paragraph 7 of Article 33 of the Customs Code of the EAEU and paragraph 1 of Appendix No. XNUMX to the Rules of Procedure ECE, approved by the Decision of the Supreme Eurasian Economic Council No. 98 of December 23.12.2014, XNUMX, the EEC Council decided:

  1. Approve the attached 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.
  2. Establish that the lists of products in respect of which the filing of a customs declaration is accompanied by the submission of documents on assessing compliance with the requirements of the technical regulations of the EAEU or information about such documents, approved before the entry into force of this Decision, are valid for the purposes determined by the Procedure approved by this Decision for product lists subject to mandatory assessment of compliance with the requirements of the technical regulations of the EAEU, in respect of which, when placed under customs procedures, compliance with technical regulation measures is confirmed.
  3. Recognize as invalid the Decision of the EEC Board No. 294 dated 25.12.2012/XNUMX/XNUMX "On the Regulations 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 framework of the Customs Union".
  4. This Decision comes into force upon the expiration of 60 calendar days from the date of its official publication.

 

The procedure for importing into the customs territory of the EAEU products subject to mandatory conformity assessment in the customs territory of the EAEU

  1. This Procedure was developed in accordance with paragraph 8 of the Protocol on Technical Regulation within the EAEU (Appendix No. 9 to the Treaty on the EAEU dated May 29.05.2014, 2), paragraph 7 of Article XNUMX of the Customs Code of the EAEU (hereinafter referred to as the Customs Code) and determines the procedure for importing into the customs territory EAEU (hereinafter referred to as the Union) of products subject to mandatory conformity assessment in the customs territory of the Union, in respect of which, when placed under customs procedures, compliance with technical regulation measures is confirmed (hereinafter referred to as imported (imported) products), as well as cases and procedure for confirming compliance with technical regulation measures regarding such products.
  2. Compliance with technical regulation measures in relation to imported (imported) products is confirmed in the following cases:
    • a) imported (imported) products are included in the lists of products, subject to mandatory assessment of compliance with the requirements of the technical regulations of the Union, in respect of which, when placed under customs procedures, compliance with technical regulation measures approved by the EEC Board is confirmed;
    • b) imported (imported) products are included in the Unified list of products for which mandatory requirements are established within the framework of the Customs Union, approved by the Decision of the Commission of the Customs Union dated January 28.01.2011, 526 No. XNUMX, and for these products in accordance with the legislation of the Member States The Union (hereinafter referred to as the Member States) establishes mandatory requirements in terms of conformity assessment.
  3. Compliance with technical regulation measures in relation to imported (imported) products, in respect of which the technical regulations of the Union provide for conformity assessment in the form of state registration or veterinary and sanitary examination, is confirmed in accordance with the decisions of the Commission of the Customs Union No. 299 dated 28.05.2010 and No. 317 dated 18.06.2010/XNUMX/XNUMX .
  4. Documents confirming compliance with technical regulation measures are:
    • a) for imported (imported) products specified in subparagraph "a" of paragraph 2 of this Procedure - a conformity assessment document provided for by the technical regulation (technical regulations) of the Union (Certificate of Conformity requirements of the technical regulations of the Union, declaration of conformity the requirements of the technical regulations of the Union, a certificate of classification of a small craft, a certificate of registration (state registration), approval of the type of vehicle (approval of the type of chassis) or other document stipulated by the technical regulations of the Union);
    • b) for imported (imported) products specified in subparagraph "b" of paragraph 2 of this Procedure - a conformity assessment document provided for by the legislation of the Member State in whose territory the products subject to mandatory conformity assessment are placed under customs procedures, or a certificate of conformity or a declaration of conformity, drawn up in a single form, for products subject to mandatory conformity assessment, included in the Unified list of products subject to mandatory confirmation of conformity with the issuance of certificates of conformity and declarations of conformity in a single form, approved by the Decision of the Commission of the Customs Union No. 620 dated 07.04.2011. XNUMX .
  5. Compliance with technical regulation measures in relation to imported (imported) products, with the exception of products specified in paragraph 3 of this Procedure, is confirmed when these products are placed under the following customs procedures:
    • a) release for domestic consumption, except for the case of placing products under this customs procedure, in respect of which compliance with technical regulation measures was confirmed when placing under the customs procedure of a free customs zone in accordance with subparagraph "b" of this paragraph, if at the time of registration by the customs authority of the declaration for goods, a document confirming compliance with technical regulation measures when importing such products is valid, or the case provided for in paragraph 2 of Article 246 of the Customs Code;
    • b) Free customs zone (only in the territories of free (special, special) economic zones specified in paragraph 1 of Article 455 of the Customs Code). Features of confirmation of compliance with technical regulation measures may be determined by the decision of the EEC Council;
    • at) refusal in favor of the state;
    • d) special customs procedure (if compliance with technical regulation measures is a condition for placing a certain category of goods under a special customs procedure).
  6. Confirmation of compliance with technical regulation measures in accordance with paragraph 5 of this Procedure not required in relation to imported (imported) products, if such products are:
    • a) samples (samples) of products that are imported (imported) for research (testing) and measurements, provided that the declarant has an agreement with the conformity assessment body (product certification body or testing laboratory (center)), provided for by the relevant technical regulation Union, or letters from such conformity assessment body (product certification body or testing laboratory (center)), confirming the number of imported samples (samples) of products required for these purposes;
    • b) samples (samples) of products that are imported (imported) for interlaboratory comparative tests (interlaboratory comparisons), verification or calibration of measuring instruments, comparison of standards, provided that the declarant has an agreement on interlaboratory comparative tests (interlaboratory comparisons), verification or calibration of measuring instruments, comparison of standards, confirming the number of imported samples (samples) of products required for these purposes;
    • c) samples (standard samples, copies) of products that are imported (imported) in the amount, weight or volume stipulated by the transaction (provided that the declarant has a document confirming the transaction, and in the absence of a transaction - if the declarant has a document, confirming the right to own, use and (or) dispose of such samples), and will be used for the purpose of conducting research and development work, with the exception of research (testing) and measurements provided for in subparagraphs "a", "b" and "d" " of this paragraph;
    • d) samples (copies) of products that are imported (imported) in the amount, weight or volume stipulated by the transaction (provided that the declarant has a document confirming the transaction, and in the absence of a transaction - if the declarant has a document confirming the right of possession, use and (or) disposal of such samples (copies)), and will be used for representative purposes as souvenirs or promotional materials, with the exception of the purposes provided for in subparagraphs "a" - "c" of this paragraph;
    • e) spare parts that are imported (imported) by a person authorized by a foreign manufacturer of finished products for servicing and (or) repairing finished products previously imported or imported by the specified person into the customs territory of the Union, as well as by a manufacturer of a Member State or a person authorized by him for servicing and ( or) repair of finished products previously produced and put into circulation, in respect of which compliance with mandatory requirements has been confirmed, subject to the submission of documents on conformity assessment of finished products to the customs authority (including expired ones)requiring maintenance and (or) repair, and (or) information about such documents.
      spare parts separate parts intended for replacement (repair) of the same parts in operation (worn out, faulty, failed) in order to maintain or restore the working condition of the product without the purpose of their distribution in the customs territory of the Union in the course of commercial activities should be considered;
    • f) components, components, raw materials and (or) materials for the production (manufacturing) of products in the customs territory of the Union, which are imported (imported) by the manufacturer of such products or by a person authorized by him for the production (manufacturing) of products solely for the purposes of the declarant (unless otherwise established by the technical regulations of the Union) provided that the declarant has a document confirming the transaction, and in the absence of a transaction - if the declarant has a document confirming the right to own, use and (or) dispose of such components, components, raw materials and (or) materials;
    • g) goods that are imported (imported) to the address of diplomatic missions and consular offices located in the customs territory of the Union (within the meaning of subparagraph 2 of paragraph 3 of Article 2 of the Customs Code), representative offices of states at international organizations, international organizations or their representative offices enjoying privileges and ( or) immunities in accordance with international treaties of the Member States with a third party and international treaties between the Member States, other organizations or their representative offices (within the meaning of subparagraph 3 of paragraph 3 of Article 2 of the Customs Code), provided that they submit a reasoned application for consumption to the customs authority (use) of these goods exclusively by such representative offices, institutions, organizations;
    • h) humanitarian and technical aid that is imported (imported) in accordance with the procedure established by the legislation of a Member State, if it is provided for by the legislation of that Member State;
    • i) goods necessary to eliminate the consequences of natural disasters, natural and man-made emergencies, which is confirmed by the submission to the customs authority of a written confirmation from the state body of the Member State authorized in the field of emergency situations that the imported goods are intended for the specified purposes;
    • j) products that were in use (operation) (unless otherwise established by the technical regulations of the Union);
    • k) a separate copy of a piece product (hereinafter - a single copy) or a set of elements of a copy of a piece product that are compatible and have the same purpose, for the manufacture of a single copy from them (hereinafter - a set of parts), which are imported (imported) in accordance with the transaction (in in case of import of a set of parts - in the amount stipulated by the transaction) (provided that the declarant has a document confirming the transaction, and in the absence of a transaction - if the declarant has a document confirming the right to own, use and (or) dispose of such a single copy (set of parts)) and will be used for needs that exclude their distribution in the customs territory of the Union in the course of commercial activities on a gratuitous or reimbursable basis (unless otherwise established by the technical regulations of the Union). The use (use) of a single copy (set of parts) by the declarant solely for his own needs, without the purpose of its sale, distribution, transfer or alienation in other ways, as well as distribution in the course of commercial activities in the customs territory of the Union on a gratuitous or reimbursable basis.
  7. Confirmation of the use of imported (imported) products for the needs and purposes specified in subparagraphs "a" - "l" of paragraph 6 of this Procedure is declarant notification, which appears in the form of an electronic document certified by an electronic signature, or a document on paper in the form according to the annex, certified by the signature and seal of the declarant.
  8. Documents confirming the compliance of the imported (imported) products with the requirements of the technical regulations of the Union or the mandatory requirements established by the legislation of the Member States, and (or) information about them, as well as documents for the products specified in subparagraphs "a" - "e" and "l" " of paragraph 6 of this Procedure, and (or) information about such documents is submitted to the customs authority in accordance with the Customs Code.
    In order to ensure the possibility of submitting to the customs authority, in cases specified by the Customs Code, the documents specified in paragraph 4 of this Procedure, they must be kept by the declarant of imported (imported) products at the time of filing the goods declaration (declarations of the release of goods prior to filing a declaration for goods).
  9. Conformity assessment documents submitted to the customs authority to confirm compliance with technical regulation measures in relation to imported (imported) products, must be valid on the date of registration of the declaration for goods (applications for the release of goods prior to the filing of a declaration for goods), and in case of preliminary customs declaration - on the date of registration by the customs authority of the customs document, which changes (supplements) the information declared in the customs declaration, or on the date of registration by the customs authority of a notice of the absence of the need making changes (additions) to the declaration for goods.
  10. The use of the documents specified in paragraph 4 of this Procedure to confirm compliance with technical regulation measures in relation to imported (imported) products is allowed if the declarant of such products is:
    • a) the person named in such documents in as an applicant when assessing the compliance of these products with mandatory requirements;
    • b) the person(s) specified in the vehicle type approval (chassis type approval);
    • c) a person authorized by the applicant in conformity assessment or by the manufacturer to use such documents to confirm compliance with technical regulation measures - for serial production. The right to use such documents is confirmed by providing the specified person with their copies certified by the seal of the applicant.

 

Notification of confirmation of the use for the declared needs and purposes of imported (imported) products subject to mandatory conformity assessment in the customs territory of the EAEC, in respect of which, when placed under customs procedures, confirmation of compliance with technical regulation measures is not required, which must be provided to the customs authorities when submitting a customs declaration, you you can see below or  download here.

 

 

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