Marking of products with the EAC sign
One of the basic provisions of technical regulation in the Eurasian Economic Union (EAEU) is to ensure the safety of products put into circulation on the territory of the Union. In this regard, in accordance with the current legislation, products that are subject to confirmation of compliance with the requirements of the technical regulations applied in the territory of the EAEU, and have passed all the evaluation procedures established by the technical regulations, must be marked with a single "EAC"address mark. Moreover, the marking with a single circulation mark is applied to the products themselves and the documents attached to them before the products are put into circulation on the EAEU market.
It is important to emphasize that it is not allowed to mark products with the EAC mark, the compliance of which with the requirements of technical regulations is not confirmed. The responsibility for this action for legal entities in accordance with article 14.46 code of the Russian Federation on administrative offenses (administrative code), provides for the imposition of a fine from 100 to 300 thousand rubles, and if the result of the above actions, in particular, caused harm to the life or health of citizens, or property, the penalty for legal entities can range from 700 thousand to 1 million rubles.
It is obvious that the requirements of the above-mentioned regulations should apply not only to products produced on the territory of the EAEU, but also to imported products imported for distribution on the territory of the Union. At the same time, it is impossible not to note the nuances of the practice of bringing foreign trade participants to administrative responsibility for the absence of the EAC mark on imported products imported for commercial purposes.
Until some time ago, the customs authorities actively initiated cases of administrative offenses under Part 3 of Article 16.2 of the Administrative Code of the Russian Federation when goods without a single treatment mark were detected during customs control, qualifying this violation as the provision of invalid documents for products. But in 2018, the Federal Customs Service of Russia published a letter N 01-11/50898 dated August 15, 2018. clarification according to which the absence of only marking with the EAC mark on goods moved across the customs border of the EAEU, included in the List of products for which the submission of a customs declaration is accompanied by the submission of a document on the assessment of compliance with the requirements of the technical regulations of the EAEU, does not invalidate the documents on the assessment of conformity of products submitted during the customs declaration in order to confirm compliance with the established prohibitions and restrictions, and accordingly does not constitute an administrative offense, responsibility for which is provided for in Part 3 of Article 16.2, Articles 16.7, 16.17 of the Administrative Code of the Russian Federation.
At
the same time, in 2019, the Supreme Court of the Russian Federation, by its decision, explained that non-compliance with the requirement to label products with a single sign of treatment is the basis for bringing to administrative responsibility, provided for in accordance with Article 16.3 of the Code of Administrative Offenses of the Russian Federation: non-compliance with prohibitions and / or restrictions on the import of goods into the customs territory of the Eurasian Economic Union or the Russian Federation.
It should be noted that at present, the law enforcement practice of the customs authorities of the Russian Federation is not characterized by a uniform approach to the legal assessment of the identified facts of the absence of marking with the EAC mark of products that have passed the confirmation of compliance with the EAEU TR: in some cases, a foreign trade participant may face a refusal to release the declared goods, and in some cases, customs authorities initiate cases of administrative offenses in these circumstances.
Considering the issue of labeling products with a single product circulation mark, it is impossible not to mention the exceptions to the general rule. In the absence of the EAC marking on imported products, the Law provides for 2 options for applying a single circulation mark on the territory of the Russian Federation: in
the customs warehouses of the Russian Federation after placing the goods under the appropriate customs procedure;
in any other place after placing the goods under the customs procedure of release for domestic consumption conditionally.
Do you have any questions about labeling products with the EAC sign?
Ask your question by phone 8(499)647-75-64 or write to us by email info@notifikat.ru
It is important to emphasize that it is not allowed to mark products with the EAC mark, the compliance of which with the requirements of technical regulations is not confirmed. The responsibility for this action for legal entities in accordance with article 14.46 code of the Russian Federation on administrative offenses (administrative code), provides for the imposition of a fine from 100 to 300 thousand rubles, and if the result of the above actions, in particular, caused harm to the life or health of citizens, or property, the penalty for legal entities can range from 700 thousand to 1 million rubles.
It is obvious that the requirements of the above-mentioned regulations should apply not only to products produced on the territory of the EAEU, but also to imported products imported for distribution on the territory of the Union. At the same time, it is impossible not to note the nuances of the practice of bringing foreign trade participants to administrative responsibility for the absence of the EAC mark on imported products imported for commercial purposes.
Until some time ago, the customs authorities actively initiated cases of administrative offenses under Part 3 of Article 16.2 of the Administrative Code of the Russian Federation when goods without a single treatment mark were detected during customs control, qualifying this violation as the provision of invalid documents for products. But in 2018, the Federal Customs Service of Russia published a letter N 01-11/50898 dated August 15, 2018. clarification according to which the absence of only marking with the EAC mark on goods moved across the customs border of the EAEU, included in the List of products for which the submission of a customs declaration is accompanied by the submission of a document on the assessment of compliance with the requirements of the technical regulations of the EAEU, does not invalidate the documents on the assessment of conformity of products submitted during the customs declaration in order to confirm compliance with the established prohibitions and restrictions, and accordingly does not constitute an administrative offense, responsibility for which is provided for in Part 3 of Article 16.2, Articles 16.7, 16.17 of the Administrative Code of the Russian Federation.
At
the same time, in 2019, the Supreme Court of the Russian Federation, by its decision, explained that non-compliance with the requirement to label products with a single sign of treatment is the basis for bringing to administrative responsibility, provided for in accordance with Article 16.3 of the Code of Administrative Offenses of the Russian Federation: non-compliance with prohibitions and / or restrictions on the import of goods into the customs territory of the Eurasian Economic Union or the Russian Federation.
It should be noted that at present, the law enforcement practice of the customs authorities of the Russian Federation is not characterized by a uniform approach to the legal assessment of the identified facts of the absence of marking with the EAC mark of products that have passed the confirmation of compliance with the EAEU TR: in some cases, a foreign trade participant may face a refusal to release the declared goods, and in some cases, customs authorities initiate cases of administrative offenses in these circumstances.
Considering the issue of labeling products with a single product circulation mark, it is impossible not to mention the exceptions to the general rule. In the absence of the EAC marking on imported products, the Law provides for 2 options for applying a single circulation mark on the territory of the Russian Federation: in
the customs warehouses of the Russian Federation after placing the goods under the appropriate customs procedure;
in any other place after placing the goods under the customs procedure of release for domestic consumption conditionally.
Do you have any questions about labeling products with the EAC sign?
Ask your question by phone 8(499)647-75-64 or write to us by email info@notifikat.ru