If for the import into the customs territory of the Customs Union of products (goods) for which mandatory requirements are established within the framework of the Customs Union, approved by the Decision of the Board ECE No. 294 of December 25.12.2012, XNUMX established the need to submit to the customs authorities, when declaring imported goods, documents on the assessment of their compliance with mandatory requirements within the Union or information about such documents.
If on your product a Declaration of Conformity is required or Certificate of conformity then you need to read this information.
According to law EAEU and the legislation of the Russian Federation on customs regulation Customs ensure compliance with prohibitions and restrictions, which include technical regulation measures, in relation to goods imported into the Russian Federation.
According to paragraphs 1 and 2 of Article 53 of the Treaty on the EAEU dated May 29.05.2014, XNUMX, products put into circulation on the territory of the EAEU must be safe. Products for which entered into force technical regulations, is released for circulation on the territory of the EAEU, provided that it has passed the necessary conformity assessment procedures established by the technical regulations.
In accordance with paragraph 6 of the Protocol on Technical Regulation within the EAEU (Appendix No. 9 to the Treaty on the EAEU), it is established that products that comply with the requirements of technical regulations applicable to these products and that have passed the conformity assessment procedures established by technical regulations are subject to mandatory marking with a single sign circulation of products on the EAEU market and in accordance with the Procedure for the use of a single mark of circulation of products on the EAEU market, approved Decision of the Commission of the Customs Union No. 711 dated July 15.07.2011, XNUMX. , is marked with it before the release of products into circulation on the EAEU market.
It is important to understand that the information contained on the label must fully correspond to the information declared in the declaration for goods and in the technical documentation attached to the goods.
The list of general requirements was listed in Government Decree No. 1037 of August 15.08.1997, 13.03.2018 “On measures to ensure the availability of information in Russian on non-food products imported into the territory of the Russian Federation”, although it became invalid on March 246, XNUMX in accordance with Decree of the Government of the Russian Federation No. XNUMX.
Information on non-food products, taking into account their type and characteristics, should contain the following information in Russian:
Information must be placed on the packaging or label of the product, set out in the technical (operational) documentation attached to the product, leaflets - inserts for each unit of the product or in another way accepted for certain types of goods.
The most important thing on the label is the name of the product. It should include the actual name of the product in Russian and the article or model, but this is not all the information that should be present on the label.
The customs union has a number of technical regulations that impose requirements depending on the type of goods. So, for example, there is a separate technical regulation (TRTS) 005/2011 "On the safety of packaging", and it establishes that a characteristic pictogram "glass-fork" if the container is intended for food products, and crossed-out glass-fork icon if for not food grade.
In addition, various regulations additionally establish requirements for exactly where the marking should be applied. There are two main requirements - labeling must be on each unit of the goods and on the packaging as a whole. Usually on the box. But some products also have their own nuances.
As a rule, for products that are subject to the requirements of the technical regulations of the Customs Union, the labels are agreed upon at the stage of issuing permits: a declaration of conformity with TR CU or a certificate of conformity with TR CU. The certification body checks the label and indicates how it needs to be changed or supplemented. Only after that, its sample can be sent to the seller for sticker on cargo and boxes.
In the event of a lack EAC markings the customs authority will most likely want to initiate an administrative offense case under Article 16.3 of the Code of Administrative Offenses of the Russian Federation. "Failure to comply with prohibitions and (or) restrictions on the import of goods into the customs territory of the EAEU or the Russian Federation and (or) the export of goods from the customs territory of the EAEU or from the Russian Federation."
This article involves a fine of 50 to 300 thousand rubles and the possibility of confiscation of goods. On average, an AP case is pending for two to four months, then a decision is made on the AP case, after which it will be necessary to pay a fine. All this time, the cargo will be in a warehouse for safekeeping. After the fine has been paid, the participant FEA There are two options: either send the goods to reexportor transport the goods to bonded warehouse and mark there, and then re-submit the declaration to customs. Both options lead to serious additional financial costs and expenses.
Shipping must always be preceded by a label approval process. Typically, the importer sends a sample of it to the seller, and the seller then attaches the label to the product and boxes before shipping.
The relevant decision of the Commission of the Customs Union No. 711 It was adopted back in 2011, but with particular vigilance, the customs took up its implementation relatively recently. Traders often come across the fact that the labels of goods subject to declaration of conformity do not have the mandatory EAC marking, or this marking is present on the label pasted on the box, but not on the product. Sometimes the sign itself on the label looks incorrect - it is strongly extended horizontally or vertically, which is also a violation of the law.
According to paragraph 2 of the Protocol on Technical Regulation within the EAEU (Appendix No. 9 to the Treaty on the EAEU), the release of products into circulation is the supply or import of products for the purpose of their distribution on the territory of the Eurasian Economic Union. According to TC EAEU import of goods into the customs territory of the Union - performance of actions related to crossing the customs border, as a result of which the goods arrived in the customs territory of the EAEU before they were released by the customs authorities.
The absence of a uniform sign of circulation on accompanying documents, goods or packaging may indicate the risk of non-compliance with technical regulation measures associated with the submission of invalid documents (not related to goods) to the customs authorities.
When confirming such risks during the application of forms of customs control, and measures to ensure them, other than checking the presence of a circulation mark in relation to participants in foreign economic activity, administrative liability is provided for under article 16.3 of the Administrative Code of the Russian Federation.
Please note that this responsibility only for the absence of a sign of circulation, established by part 3 of article 16.2 of the Code of Administrative Offenses of the Russian Federation, cannot occur.
There is a letter from the Federal Customs Service of Russia No. 01-11/50898 dated 15.05.2018/XNUMX/XNUMX on initiating cases of administrative offenses in connection with non-compliance with technical regulation measures, written by Colonel General of the Customs Service R.V. Davydov, it explains situations regarding the absence of the EAC mark and incorrect labeling of goods.
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