Clarification of the Procedure for the import of products subject to mandatory conformity assessment in the customs territory of the EAEU

Eurasian Economic Commission (EEC) clarified the specifics of the application the application of the Decision of the Eurasian Economic Commission Council 12.11.2021 No. 130 "On the Procedure for importation into the Customs Territory of the Eurasian Economic Union of products subject to mandatory conformity assessment in the Customs Territory of the Eurasian Economic Union", which comes into force on January 30, 2022.

These explanations are presented in the format of answers to the most relevant questions on the application of the Procedure.

Overview of the most significant provisions:

• In order to import spare parts for medical equipment registered in the EAEU, without confirming compliance with technical regulation measures, it is sufficient for the declarant to have a registration certificate for medical equipment requiring repair or maintenance.
• It is allowed to import spare parts into the territory of the EAEU without confirming compliance with technical regulation measures in order to sell them to third parties as part of repair and maintenance work on equipment previously sold by the declarant to third parties.

The condition for such importation is the existence of a transaction between a person authorized by a foreign manufacturer and third parties. The transaction, at the same time, must be fixed by a separate agreement, contract, or other document provided for by the Civil Code of the EAEU member state.

At the same time, the EEC has not given explanations regarding the possibility of the declarant selling spare parts to service centers or other repair organizations for the purpose of repair and (or) maintenance of finished products.

• Import of components (raw materials) for the production of finished products for the purpose of its further sale corresponds to the definition of import "exclusively for the purposes of the declarant", established by subparagraph "e" of paragraph 6 of the Procedure.

As follows from the explanations, the list of applications of finished products made from imported components (raw materials) is not limited by the Procedure, since the purposes of its production may be different, including the sale of such products to consumers in the course of commercial activity.

• With respect to spare parts, as well as components (raw materials) imported for the purposes of sale in the customs territory of the EAEU, confirmation of compliance with technical regulation measures is required.
• Information about the notification of the declarant, as a document confirming the assignment of goods to the categories listed in paragraph 6 of the Procedure, in respect of which confirmation of compliance with technical regulation measures is not required, is indicated in column 44 of the goods declaration under the code "01999".