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Requirement for labeling goods imported into the EAC

If for the import into the customs territory of the Customs Union of products (goods), in respect of which mandatory requirements are established within the Customs Union, approved by the Decision of the EEC Board No. 294 of December 25.12.2012, XNUMX, it is established that the customs authorities need to submit documents on their assessment to the customs authorities during the customs declaration of imported goods compliance with mandatory requirements within the Union or information about such documents.

If your product requires a Declaration of Conformity or a Certificate of Conformity, then you need to familiarize yourself with this information.

In accordance with the law of the Eurasian Economic Union and the legislation of the Russian Federation on customs regulation, the customs authorities ensure compliance with prohibitions and restrictions, which include technical regulation measures, in relation to goods imported into the Russian Federation.

According to clauses 1 and 2 of Article 53 of the Treaty on the Eurasian Economic Union of May 29.05.2014, XNUMX, products put into circulation in the territory of the EAEU must be safe. Products for which the technical regulation has entered into force are released into circulation on the territory of the EAEU, provided that it has passed the necessary conformity assessment procedures established by the technical regulation.Product Marking

In accordance with clause 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 meet the requirements of technical regulations applicable to these products and have passed the conformity assessment procedures established by technical regulations are subject to mandatory marking with a single sign product circulation in the EAEU market and in accordance with the Procedure for the application of a single mark of product circulation in the EAEU market, approved by the Decision of the Customs Union Commission No. 711 dated 15.07.2011/XNUMX/XNUMX, is marked by 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 is listed in Government Decree N 1037 of August 15.08.1997, XNUMX, "On measures to ensure the availability of information in Russian on non-food products imported into the Russian Federation."

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 also 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 stipulates that a characteristic pictogram "glass-fork"Product Markingif the container is intended for food products, and crossed-out glass-fork iconProduct Markingif for not food grade.

In addition, various regulations additionally establish requirements for where exactly the marking should be applied. There are two main requirements - the marking must be on each unit of the product 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, 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 reviews the label and indicates how it needs to be changed or supplemented. Only then can a sample be sent to the seller for sticker on the cargo and boxes.

If the customs authorities reveal the absence of the EAC marking, an administrative case is initiated under Article 16.3 of the Administrative Code of the Russian Federation. "Failure to comply with the prohibitions and (or) restrictions on the import of goods into the customs territory of the Eurasian Economic Union or the Russian Federation and (or) the export of goods from the customs territory of the Eurasian Economic Union or from the Russian Federation."

It assumes a fine from 50 to 300 thousand rubles and the possibility of confiscation of goods. On average, an AP case is conducted for two to four months, then a decision on an AP case is issued, after which it will be necessary to pay a fine. All this time the cargo will be in the safekeeping warehouse. After the fine has been paid, the foreign trade participant has two options: either send the goods for re-export, or transport the goods to the Customs warehouse and mark there, and then re-submit the declaration to the 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, in the opinion of customs authorities, are critical, we list them below.

  1. 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. 
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. The EAC mark is missing or the labeling is incorrect. Perhaps the most common problem is EAC labeling. In accordance with the current legislation of Russia and the EAEU countries, if the imported goods are subject to the technical regulations, then 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 therein.

The corresponding decision of the Commission of the Customs Union No. 711 was made back in 2011, but with particular vigilance the customs took up its implementation relatively recently. Participants in foreign economic activity often find themselves on the fact that the obligatory EAC marking is absent on the labels of the goods subject to declaration of conformity, or this marking is present on the label pasted on the box, but is not on the product. Sometimes the sign itself on the label looks incorrect - it is strongly stretched horizontally or vertically, which is also a violation of the law.

According to clause 2 of the Protocol on Technical Regulation within the EAEU (Appendix No. 9 to the Treaty on the EAEU), release of products into circulation is the delivery or import of products for the purpose of their distribution in the territory of the Eurasian Economic Union. According to the Customs Code of the EAEU, the import of goods into the customs territory of the Union is the performance of actions related to crossing the customs border, as a result of which the goods arrived in the customs territory of the EAEU prior to their release 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.

At the same time, liability only for the absence of a circulation mark established by part 3 of article 16.2 of the Administrative Code of the Russian Federation cannot occur.

The rules of the game are constantly changing, so before starting it, we advise you to contact for consultationso that you don't end up leaving the game earlier than others.

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