Exporter's survival kit
What Exporters to the Customs Union (CU) have to know about certification and declaration of their product.
Both exporters and importers in CU must know the requirements and regulation that apply to their merchandise. The product found not in compliance with Technical Regulations of the Customs Union will not ne cleared through the Customs.
Mandatory requirements may include but are not limited to:
- Conformity to Technical Regulations of CU;
- Conformity to fire safety;
- Conformity to safety regulations for technical devices;
- Conformity to other CU regulations established by law
For products that fall under mandatory certification, conformity to Customs Union or Russian standards is confirmed either by a Certificate of Conformity, or by a Declaration of Conformity. Such standards are listed in the certification document.
For products that do not fall under mandatory certification, conformity to Federal standards may be confirmed by a Voluntary Certificate. The Voluntary Certificate must list the standards referred to. The procedures and cost are same as for mandatory ones. Many exporters choose to order voluntary certificates to secure more trust for the product from consumers and distributors and make it more competitive. It also may save time and effort explaining a particularly mean Customs inspector that your product is not subject to mandatory certification.
Once certified via mandatory or voluntary certification, the product must comply with all the standards listed for the duration of the certificate.
Certification is not possible until the exporter has established a local representative or agent.
Documents to be presented to the Customs.
For merchandise falling under the above regulations of CU, besides the standard Customs Declaration, the Customs would require certification documents. If no proof of conformity to national standards is provided, the product will be impounded at exporter’s cost until such documents are provided.
To avoid such delays and extra costs, the law provides for obtaining the necessary certification through their representative in the territory of CU. Certificates may be issued for a period of up to 5 years, thus allowing unlimited importation of the product specified. (Customs Code of the Customs union, Articles 183, 195; Eurasian Economic Committee (EAEC) Regulation #294 of December 25, 2012 “On Importation of Goods Falling Under Mandatory Procedures in the Customs Union”).
EAEC has established a schedule of CU Technical Regulations coming into force. Until such a date, a product can be cleared through the Customs based on the national certificate of conformity.
The regulation defines situations when a product may be cleared without a certificate of conformity, e.g.:
- Samples brought for testing;
- Spare parts for repairs and maintenance of machinery;
- Completing parts, accessories and materials that are not meant for independent distribution;
- Items for diplomatic services;
- Humanitarian aid and goods imported as technical assistance;
- Items for prevention and fighting catastrophes and emergencies;
- Exhibits for trade shows and expos;
- Merchandise samples for contract negotiations;
- Single units of product for personal consumption;
- etc
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