Decision of the EEC Council No. 130 of 12.11.2021

On the 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

In accordance with paragraph 8 of the Protocol on Technical Regulation in the framework ofThe EAEU(Annex No. 9 to the EAEU Treaty dated 29.05.2014), paragraph 2 of Article 7 of the EAEU Customs Code and paragraph 33 of Annex No. 1 to the Work RegulationsECE approved by the Decision of the Supreme Eurasian Economic Council No. 98 of December 23 , 2014 , the EEC Council decided:

1. To 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. To establish that the lists of products for which the filing of a customs declaration is accompanied by the submission of documents on the assessment of 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 defined by the Procedure approved by this Decision for the lists of products 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. To recognize as invalid the Decision of the EEC Board No. 294 of December 25, 2012 "On the Regulation on the procedure for the importation into the customs territory of the Customs Union of products (goods) in respect of which mandatory requirements are established within the Customs Union".
4. This Decision comes into force after 60 calendar days from the date of its official publication.

The 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

1. This Procedure has been developed in accordance with paragraph 8 of the Protocol on Technical Regulation within the EAEU (Annex No. 9 to the EAEU Treaty dated 29.05.2014), paragraph 2 of Article 7 of the EAEU Customs Code (hereinafter referred to as the Customs Code) and defines the procedure for importation into the customs territory of the 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 procedures for confirming compliance with technical regulation measures in respect of such products.
2. Compliance with technical regulation measures in respect of imported (imported) products is confirmed in the following cases:
   • a) imported (imported) products are included in the product lists,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 Customs Union, approved by the Decision of the Customs Union Commission No. 526 dated 28.01.2011, and mandatory requirements are established for these products in accordance with the legislation of the Member States of the Union (hereinafter referred to as the Member States) in terms of conducting conformity assessment.
3. Compliance with technical regulation measures in respect of 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 Customs Union Commission No. 299 of 28.05.2010.  and No. 317 dated 06/18/2010 . .
4. The documents confirming compliance with technical regulation measures are:
   • a) for imported (imported) products specified in subparagraph "a" of paragraph 2 of this Procedure - a document on conformity assessment provided for by the technical regulations (technical regulations) Union (certificate of conformityrequirements of the technical regulations of the Union,declaration of conformityrequirements of the technical regulations of the Union, a certificate of classification of a small vessel, a certificate of registration (state registration), approval of the type of vehicle (approval of the type of chassis) or another document provided for by the technical regulations of the Union);
   • b) for imported (imported) products specified in subparagraph "b" of paragraph 2 of this Procedure, a document on conformity assessment 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 issued in a single form, for products subject to mandatory conformity assessment included in the Unified List of products subject to mandatory conformity assessment with the issuance of certificates of conformity and declarations of conformity in a single form, approved by the Decision of the Customs Union Commission No. 620 dated 07.04.2011. .
5. Compliance with technical regulation measures with respect to imported (imported) products, with the exception of products specified in paragraph 3 of this Procedure, is confirmed when placing these products 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 placed 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 goods declaration, a document confirming compliance with technical regulation measures when importing such products is in force, 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). The specifics of confirming compliance with technical regulation measures can be determined by the decision of the EEC Council;
   • c)refusal in favor of the state;
   • d) specialcustoms procedure(if compliance with technical regulation measures is a condition for placing a separate category of goods under a special customs procedure).
6. Confirmation of compliance with technical regulation measures in accordance with paragraph 5 of this Procedurenot requiredin respect of 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 a conformity assessment body (product certification body or testing laboratory (center)) provided for by the relevant technical regulations of the Union, or a letter from such a 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 conducting interlaboratory comparative tests (interlaboratory comparisons), verification or calibration of measuring instruments, comparison of standards, provided that the declarant has an agreement on conducting interlaboratory comparative tests (interlaboratory comparisons), verification or calibration of measuring instruments, comparison of standards, confirming the necessary for for these purposes, the number of imported samples (samples) of products;
   • c) samples (reference samples, copies) of products that are imported (imported) in the quantity, weight or volume provided for 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 ownership, use and (or) disposal such samples), and will be used for the purpose of carrying out research and development work, with the exception of studies (tests) and measurements provided for in subparagraphs "a", "b" and "d" of this paragraph;
   • d) samples (copies) of products that are imported (imported) in the quantity, weight or volume provided for 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 (copies)), and will be used for representative purposes as souvenirs or promotional materials, except for the purposes provided for in subparagraphs "a" - "b" of this paragraph;
   • e) spare parts that are imported (imported) by a person authorized by a foreign manufacturer of finished products for the maintenance and (or) repair of finished products previously imported or imported by the specified person into the customs territory of the Union, as well as by the manufacturer of the Member State or by a person authorized by him for the maintenance and (or) repair of finished products previously produced and put into circulation products for which compliance with mandatory requirements has been confirmed, provided that documents on conformity assessment of finished products are submitted to the customs authority(including expired ones) that requires maintenance and (or) repair, and (or) information about such documents.
     Spare partsit should be considered individual parts intended for replacement (repair) that are (were) in operation (worn out, faulty, failed) the same parts 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 activity;
   • f) components, components, raw materials and (or) materials for the production (manufacture) 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 (manufacture) of products exclusively 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), representations of States to international organizations, international organizations or their representations enjoying privileges and (or) immunities in accordance with international treaties of the member Statesmembers with a third party and international agreements between 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 to the customs authority a reasoned appeal on the consumption (use) of these goods exclusively by such representative offices, institutions, organizations;
   • h) humanitarian and technical assistance that is imported (imported) in accordance with the procedure established by the legislation of a member state, if this 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 submitting to the customs authority 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 these purposes;
   • j) used (operational) products(unless otherwise established by the technical regulations of the Union);
   • l) a separate copy of a piece product (hereinafter referred to as a single copy) or a set of elements of a piece product copy that are compatible and have one purpose, for the manufacture of a single copy from them (hereinafter referred to as a set of parts), which are imported (imported) in accordance with the transaction (in the case of import of a set of parts - in the amount provided for 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 activity on a gratuitous or reimbursable basis (unless otherwise established by the technical regulations of the Union). Using a single instance (a set of parts) for needs excluding its distribution in the customs territory of the Union in the course of commercial activity, it should be considered 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 by other means, as well as distribution during commercial activity in the customs territory of the Union for free or on a 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 isnotification of the declarant which is represented byin the form of an electronic document certified by an electronic signature, or a paper document in the form according to the appendix, certified by the signature and seal of the declarant.
8. Documents confirming the conformity of imported (imported) products with the requirements of the technical regulations of the Union or mandatory requirements established by the legislation of the Member States, and (or) information about them, as well as documents for products specified in subparagraphs "a" - "d" 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 defined by the Customs Code, the documents specified in paragraph 4 of this Procedure, they must be kept by the declarant of imported (imported) productsat the time of filing the goods declaration(applications for the release of goods before submitting a declaration for goods).
9. Conformity assessment documents submitted to the customs authority to confirm compliance with technical regulation measures in respect of imported (imported) products,must be valid on the date of registration of the declarationfor goods (applications for the release of goods before filing a declaration for goods), and in case of preliminary customs declaration - on the date of registration by the customs authority of a customs document that changes (supplements) the information stated in the customs declaration, or on the date of registration by the customs authority of a notification that there is no need to make 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 respect of imported (imported) products is allowed if the declarant of such products is:
    • a) the person specified in such documents inas an applicantwhen 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 during the conformity assessment or by the manufacturer to use such documents to confirm compliance with technical regulation measures - for mass-produced products.The right to use such documents is confirmed by providing copies of them certified by the applicant's seal to the specified person.

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