Requirement for labeling goods imported into the EAC
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.
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:
Name of product;
the name of the country, the manufacturer (the name of the company may be indicated by the letters of the Latin alphabet);
purpose (field of use), main properties and characteristics;
rules and conditions for efficient and safe use;
other information about the goods in accordance with the legislation of the Russian Federation, the requirements of state standards for certain types of non-food products and the rules for their sale.
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 iconif 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.
View the list of requirements for labeling light industry products in accordance with TR CU 017/2011
Product labeling must be reliable, legible and accessible for inspection and identification. Marking is applied to the product, a label attached to the product or a product label, product packaging, product group packaging or product leaflet. The marking must contain the following mandatory information:
Name of product;
the country name of the manufacturer;
name of the manufacturer or the seller or a person authorized by the manufacturer;
address of the manufacturer or the seller or a person authorized by the manufacturer;
the size of the product;
composition of raw materials;
trademark (if any);
a single sign of products on the market states - members of the Customs Union;
manufacturer's warranty (if necessary);
date of manufacture;
production batch number (if necessary).
Depending on the type and purpose of light industry products, the marking should contain the following information:
For clothing and articles of textile materials additional information shall contain:
type and weight fraction (percentage) of the chemical raw materials and natural materials in the upper and lining products. The deviation of the actual contents of raw materials should not exceed + 5 percent;
symbols on the garment label;
User care product characteristics during operation (if necessary).
For knitwear and textile fabrics, piece goods from them, carpets, blankets, bedspreads, curtains additional information should include:
type and weight fraction (percentage) of the feedstock (pile surface for carpet and their products). The deviation of the actual contents of raw materials should not exceed + 5 percent;
piece weight at normalized humidity (for knitted fabrics); - color fastness (for knitted and textile fabrics);
type of finish (if any);
care symbols. For shoes, additional information should contain:
model and (or) the Articles of the product;
the type of material used to make the top, and bottom shoe lining;
instructions for footwear (if necessary).
For clothing and fur additional information should include:
kind of fur and the sight of his treatment (painted or unpainted);
symbols on the garment label;
Instructions for the care of the product during operation (if necessary). For leather goods, additional information should contain:
the name of the top material;
instructions for use (if necessary).
For more information skins should contain:
area of skin or weight;
thickness (if necessary);
For more information fur skins should contain:
kind of fur;
type of treatment;
area or size.
Marking and information must be presented in Russian or the state language of the state - a member of the Customs Union, in whose territory this product is produced and sold to the consumer.
For imported products allowed to name the country where the product, the manufacturer's name and legal address of the point using the Latin alphabet.
The indications "environmentally friendly", "orthopedic" and other similar indications without appropriate confirmation are not allowed.
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.
There are a number of typical errors that, according to the customs authorities, are critical, click to see them.
The seller used someone else's boxes with already printed information. For example, there are times when a manufacturer has some unused packages from an old batch, and a Russian buyer ordered goods of a different article or model, and these packages are suitable for him. This can subsequently lead to serious problems in customs clearance.
The manufacturer is not indicated on the boxes. So, for example, on the boxes the manufacturer of the goods and the country of origin must be indicated. But often, in order to save money, importers negotiate with the seller that the labels are made "for sale" of the goods. That is, they indicate themselves as the manufacturer. Thus, on the one hand, the labels will not need to be re-glued on the cargo when it is sold in Russia, and on the other hand, this is a very convenient way to avoid unnecessary costs. Often, the importer does not specifically indicate this information so that the end buyer of this product does not contact the manufacturer directly, bypassing the importer-intermediary firm. Nevertheless, the lack of this information is a direct violation of the law, which leads to the initiation of an administrative case.
Incorrect temperature conditions and expiration dates. The storage and transportation temperature must be indicated on the food product label. However, there are times when the temperature range indicated on the label is very different from reality. So, for example, the goods are stored at temperatures from 5 to 20 degrees. But it happens in winter, outside minus 8 degrees, and the cargo is not in a refrigerated container. In this case, the phytosanitary surveillance service may prohibit the import of the product into the country.
For food products, the expiration date must be indicated. It so happens that the goods were transported longer than the number of days indicated on the package. In this case, the product may also not pass phytosanitary control.
Incomplete data on labels. If the goods are transported, but the labels contain incomplete information. It is necessary to provide information about the importer - the name of the company and its legal address. In addition, the country of origin of the goods must be indicated. As a rule, it is written next to the manufacturer's address. This information is especially necessary if the foreign trade participant wants to receive preferences. The absence of this information on the label may result not only in denial of preferences, but also in some cases of cases of administrative offenses.
The EAC mark is missing or the labeling is incorrect. Perhaps the most common problem is EAC marking. In accordance with the current legislation of Russia and the EAEU countries, if the imported goods are subject to technical regulations, they must be marked with a single sign of circulation “EAC”. It says that the products have passed all the conformity assessment (confirmation) procedures established in the technical regulations of the Customs Union and meet all the requirements set forth in them.
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 EAEUimport 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.