NAWINIA experts: ‘It is time to come to unanimity’

The participants of foreign economic trades have significant losses while importing the goods into the Russian Federation. The stumbling block has become the single mark on a product, more precisely the regulations of marking the goods imported into the territory of the Russian Federation.

It is impossible to predict the risks faced by the company - importers during customs procedures in Russia. The reason for this is the lack of a single application of the rules for this sign while marking the goods.

The point is that the decision of the Board of the Eurasian Economic Commission was found that the single mark on a product must be applied in the market of the Eurasian Economic Union. However, there is no concept of ‘Eurasian Economic Union market’ in Russian customs legislation. Customs officers employ the terms of the Customs Code, which is the basis for the implementation of the customs control.

‘In this regard, entrepreneurs ask about the moment when a single mark on a product should be applied, - says the adviser on customs questions of General Director of the logistics holding NAWINIA Marina Lyakisheva. - Is it possible to put this sign after being placed under the customs procedure? Or must this mark be applied after crossing the border in accordance with the customs procedure? Should marking be made before importing into the territory of the Russian Federation? Such ambiguous interpretation of legislation already leads to losses of companies because of downtime, temporary storage and to the litigation. There are precedents when the company-importer was found guilty of violating the rules of marking.’

 According to NAWINIA expert, such a rigorous approach to marking control of imported goods exists only on the Russian territory and besides they are not single cases which could be considered as ‘excesses’. The office of the Russian Presidential Commissioner for Entrepreneurs' receives a lot of complaints on this issue. The General Prosecutor's Office of the Russian Federation, the Ministry of Trade and Rospotrebnadzor are knowledgeable about this issue. It has been the subject of discussion at a recent meeting of the foreign economic trades of the Russian Committee of the Italian-Russian Chamber of Commerce with the Chamber of Commerce of the Russian Federation of the representatives of the customs authorities and business. Marina Lyakisheva intervened on this matter at a meeting.

No other country of the Eurasian Economic Commission does not put forward such requirements to the products importing into its territory. It turns out that Russian importers are in unequal conditions of competition, even on the Eurasian Economic Commission market. A uniform application of the rules throughout the territory of the Eurasian Union is needed, and there are different ways to solve this problem, according to Marina Lyakisheva.

‘You can use the pre-trial procedure of appeal in accordance with the Statute of the Court of the Eurasian Economic Commission in order to obtain clarification of the Commission of the Customs Union - comments the expert. - If the Commission decides that the Russian customs authorities interpret correctly the position of the law, it will be the reason for going to court. You can wait for the preparation of the Eurasian Economic Commission of the new order of importing products. Finally, two Russian supervisory authorities - the Federal Service and the Federal Customs Service - may prepare a joint clarification and to establish a uniform procedure which would clearly define supervisors’ actions in this field which are the same as in other countries of the Eurasian Economic Commission to provide competitive conditions for business in Russia no worse than in the countries - members of the Eurasian Economic Commission.’