Letter of the Federal Customs Service of Russia N 14-88/35479 dated 14.06.2018/XNUMX/XNUMX on the conditional release of goods subject to technical regulation measures

• Clarification on conditional release of goods subject to technical regulation measures
• Clarification on the conditional release of goods for the purpose of labeling products with a single circulation mark on the EAEU market ("EAC")

In order to uniformly ensure that the customs authorities of the Russian Federation comply with the law EAEU and the legislation of the Russian Federation in the field of customs, technical regulation, as well as reducing the time and minimizing costs of participants in foreign economic activity when performing customs operations in relation to products subject to mandatory conformity assessment, the Department of Trade Restrictions, Currency and Export Control of the Federal Customs Service of Russia (hereinafter - UTOVEK) draws attention to the following.

Conditional release of goods subject to technical regulation measures

In accordance with Article 53 of the Treaty on the Eurasian Economic Union from 29.05.2014 (hereinafter referred to as the Treaty on the EAEU), products put into circulation in the territory of the EAEU must be safe.

Article 351 of the EAEU Customs Code (hereinafter - TC EAEU) determined that Customs provide and perform in the customs territory of the EAEU functions and tasks to ensure compliance with the prohibitions and restrictions on goods moved across the customs border of the Union, as well as to protect the national security of the state, human life and health, flora and fauna, and the environment.

According to article 7 of the Customs Code of the EAEU, goods move across the customs border of the EAEU and (or) are placed under customs procedures in compliance with prohibitions and restrictions. Compliance with prohibitions and restrictions, which include technical regulation measures, is confirmed by submitting documents and (or) information to customs authorities.

In accordance with the article 118 TK EAEC release of goods produced by the customs authority, provided that the person has complied with the conditions for placing the goods under the declared customs procedure or the conditions established for the use of certain categories of goods that are not subject in accordance with the Customs Code of the EAEU to placing under the customs procedures, unless such a condition as compliance with prohibitions and restrictions in accordance with the Treaty on EAEU and (or) the legislation of the Member States of the EAEU, can be confirmed after the release of goods.

In accordance with Article 219 of the Federal Law N 311, on a reasoned appeal of the declarant in written or electronic form, customs authorities in written or electronic form allow the submission of documents of conformity after the release of goods.

According to UTEC, the declarant’s reasoned appeal may contain the following information:

1. an objective reason for the non-submission of documents on compliance when declaring goods;
2. name and location of the recipient of goods;
3. information on qualitative, quantitative and other, necessary for identification, characteristics of the goods for which there are no documents on compliance;
4. information about the country of departure (manufacturing) of the goods;
5. the name and place, as well as the conditions for the storage of goods, indicating the documents confirming the right of ownership or use of the premises (territory) intended for the storage of goods;
6. the planned deadline for submission of documents.

According to paragraph 3 of article 126 of the Customs Committee of the EAEU and paragraph 2 of article 219 of the Federal Law N 311 conditionally released goods are prohibited for transfer to third parties, including by selling or alienating them in another way, and in cases where restrictions on the importation into the customs territory of the Union of specified goods are established in connection with the safety audit of these goods, are also prohibited from their use (operation, consumption) in any form.
At the same time, the customs authorities are entitled to require the declarant to submit an obligation to submit documents within the prescribed period, as well as obligations to comply with the restrictions, as well as to apply other measures to ensure compliance with such restrictions (paragraph 3 of Article 219 of Federal Law N 311).

Declaration of conformity or mandatory certification of products is carried out according to the schemes established by the technical regulations of the EAEU (Customs Union).

Conformity verification schemes for both the batch and commercially available products provide for testing of product samples in an accredited testing laboratory (center).
For the purpose of assessing compliance with the mandatory requirements of mass-produced products, samples and specimens must be imported into the customs territory of the Union.

In respect of the batch of products imported into the Russian Federation in accordance with Article 17 of the Customs Code of the EAEU, sampling and / or samples from it for testing is carried out by an authorized person with the permission of the customs authority, provided that the batch is under customs control. Separate customs declaration samples and (or) samples of goods may not be submitted, provided that they are indicated in the goods declaration when goods are placed under customs procedures.

In accordance with Article 104 of the Customs Code of the EAEU, goods imported into the customs territory of the EAEU, including as samples and specimens for the purposes of research and testing, are subject to customs declaration.
At that, 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 from 25.12.2012 N 294, it is determined that no documents and / or information confirming the conformity of products (goods) to mandatory requirements when placing goods under the customs procedure in case they are imported as samples and (or) samples for carrying out tions of research and testing.

In accordance with Article 378 of the Customs Union of the Eurasian Economic Union, the customs authorities use a risk management system to select customs control objects and measures to minimize them.
When conducting customs control, the customs authorities within the risk management system apply forms of customs control, as well as measures to ensure its implementation.
One of the forms of customs control is the inspection of customs, other documents and (or) information. In accordance with Article 324 of the Customs Committee of the EAEU, the purpose of applying such a form of customs control is to establish the accuracy of the information specified in the documents, the correctness of their filling and registration, and the compliance with the conditions for the use of goods in accordance with the declared customs procedure.

When checking customs, other documents and (or) information, in accordance with Article 325 of the Customs Code of the EAEU, the customs authority has the right to request additional documents and (or) information.
The documents confirming the information submitted in the reasoned appeal of the declarant, the obligation to submit the documents within the prescribed period and the obligation to observe the restrictions may include:

1. for serial products:
   - a test report containing information on the confirmation of conformity of products to mandatory requirements, in the event that the document of conformity is not registered in the unified register of documents of conformity located on the official website of the Federal Accreditation Service;
   - documents confirming civil law relations between the applicant and the accredited person (copy of the agreement with the certification body (accredited testing laboratory (center)));
   - a letter from an accredited testing laboratory (center) confirming the quantity (weight and volume) of imported products (goods) required for the purposes of conducting research (tests);
   - documents confirming the import into the Russian Federation of samples and product samples for the purpose of conducting research and testing (customs declaration).
2. for products imported by a separate lot:
   - documents confirming civil law relations between the applicant and the accredited person (copy of the agreement with the certification body (accredited testing laboratory (center)));
   - a letter from an accredited testing laboratory (center) confirming the quantity (weight and volume) of imported products (goods) required for the purposes of conducting research (tests);
   - permission of the customs authority for sampling and (or) samples;
   - act of sampling and (or) samples.

In the event that the declarant fails to submit the specified documents and (or) information, the customs authority has the right to refuse to release the goods (article 125 of the Customs Code of the EAEU).

Information about conditionally released goods is entered by an official of the customs authority through the CPS "Journals - registration" into the register by customs authorities of conditionally released goods under customs control, approved by order of the Federal Customs Service of Russia N 74 dated 13.01.2011.

In addition, information about each case of conditional release of goods should be sent to the division after the release of goods and the division of prohibitions and restrictions of customs and the regional customs office for analysis and control of such goods. Control over compliance with the conditions associated with the restriction on the use of conditionally released goods is carried out after the release of goods using forms of customs control.

The grounds for the application of forms of customs control in accordance with Article 310 of the Customs Code of the EAEU is the presence of risks of violation of the EAEU law and the legislation of the Russian Federation.

These risks may include the following:

• the declarant before applying to the customs authority for the conditional release of goods was brought to administrative responsibility for administrative offenses in the field of customs, provided for by the head of 16 CAO;
• information about the declarant is contained in the form of statistical reporting 35-TNR "Information on the identified cases of the submission of invalid documents confirming compliance with the prohibitions and restrictions", approved by order of the FCS of Russia of 31 in March 2015, N N 589;
• in relation to the manufacturer of conditionally manufactured products, the unified register of conformity documents located on the official website of Rosakkreditation contains information on canceled (discontinued) documents of conformity;
• in relation to an accredited person (certification body, testing laboratory), with whom the declarant of conditionally manufactured products has concluded an agreement for conformity assessment, the unified register of accredited persons posted on the official website of Rosaccreditation contains information on violations in the field of product conformity assessment;
• the place of declaration and the place of actual placement of goods are located in different customs authorities.

Confirmation of compliance with the prohibitions and restrictions after the conditional release of goods is carried out by submitting to the customs authority the relevant permits, as well as the declaration of permits in the 44 column of the goods declaration by making changes and additions.

Customs officer carrying out customs operationsrelated to verification DT, control is carried out to ensure that the information on the authorization document specified in the 44 DT column obtained through the inter-agency electronic interaction system (hereinafter referred to as SMEV) with Rosaccreditation is available in a single automated information system of the customs authorities.

If, in response to a request for an authorization document sent automatically to Rosaccreditation, an error message has been received or a notification in the form “No information found”, it is recommended that the customs officer carrying out customs operations related to the inspection of diesel goods be checked using the information and telecommunications network "Internet"; availability of information about the authorization document on the official website of the RosAccreditation (www.fsa.gov.ru) and (or) the Eurasian Economic Commission (www.eurasiancommissio n.org).

Conditional release of goods for the purpose of labeling products with a single circulation mark on the EAEU market ("EAC")

According to the Procedure for the application of a single mark of circulation of products on the EAEU market (hereinafter referred to as the single mark of circulation), approved Decision of the Commission of the Customs Union No. 711 dated 15.07.2011, manufacturers, persons authorized by the manufacturer, importers of products have the right to label them with a single sign of circulation, if the product has passed all the conformity assessment procedures established by the relevant technical regulation of the EAEU, which is confirmed by the documents provided for the relevant product conformity assessment forms.

Taking into account that the application of a single mark of circulation on products should be carried out before the release of goods by the customs authorities into circulation, according to UTOEC, its marking with a single mark of circulation is possible after receiving a document of conformity (certificate of conformity, declaration of conformity) in the following cases:

1. foreign manufacturer - mass-produced products must be marked at the place of its production;
2. a person authorized by the manufacturer - if the serially manufactured products were not marked with a single reference mark by a foreign manufacturer at the place of its production, its labeling can be carried out on the territory of the Russian Federation upon the will of such person after placing the goods under the customs procedure of a customs warehouse or in other places after they are placed under the customs procedure of release for domestic consumption conditionally;
3. by an importer - in relation to products supplied in a separate batch, its marking can be carried out on the territory of the Russian Federation at the will of such a person after the goods are placed under the customs procedure of a customs warehouse or in other places after they are placed under the customs procedure of release for internal consumption conditionally.

At the same time, goods subject to marking with a single circulation mark, but not marked by them at the place of production, may be conditionally issued by the customs authority if:

• the declarant for one year before applying to the customs authority was not brought to administrative responsibility for administrative offenses in the field of customs, provided for in Article 16.20 of the Administrative Code;
• the declarant submitted a reasoned appeal for the release of goods conditionally in order to prevent the submission of invalid documents of conformity and (or) information about them (not related to the product) due to the absence of a single marking on the product, as well as the obligation that the goods will not be transferred to third parties, including by selling them or otherwise alienating them or using them in any form;
• the declarant is a person authorized in accordance with the EAEU's right to apply to product single sign of appeal.

Confirmation of compliance with prohibitions and restrictions after conditional release of goods is carried out by submitting to the customs authority relevant permits, stating information about permits in the 44 DT column by making changes and additions, and can also be carried out with the simultaneous submission of accompanying documents for products marked with a single circulation mark.