DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of December 13, 2017 No. 170

About some questions of application of customs procedure of customs transit

According to Items 3 and 4 of Article 144, the paragraph the fourth Item 7 of Article 145, Item 3 of Article 148, Item 2 of Article 149, Item 10 and the paragraph the second Item 13 of Article 151, Item 16 of Article 304, Item 6 of Article 305, Item 7 of Article 306, Item 5 of Article 307 and Item 6 of Article 377 of the Customs code of the Eurasian Economic Union the Board of the Eurasian economic commission solved:

1. Determine what concerning the goods of the Eurasian Economic Union (further - the Union) classified in group 27 of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union, transported (transported) with one part of customs area of the Union on other part of customs area of the Union through territories states which are not members of the Union and (or) the sea with implementation of their overload (transfer) in the territories of such states from the vehicle of one mode of transport on the vehicle of other mode of transport, deadline during which such goods of the Union shall be delivered from customs authority of departure to customs authority of appointment cannot exceed the term determined at the rate of 2 thousand kilometers in 3 months.

Concerning the goods of the Union and foreign goods specified in item 4 of Article 302 of the Customs code of the Eurasian Economic Union, transported by road transport in case of availability of the queues interfering entrance of vehicles to check points through the state (customs) borders of state members of the Union and (or) the adjacent states and, respectively, the goods delivery in delivery location in the time established by customs authority of departure, the deadline of customs transit is determined at the rate of 2 thousand kilometers in 1 month and in addition for the term necessary for overcoming queues.

Concerning the goods transported by railway transport, the deadline of customs transit cannot exceed the term determined at the rate of 2 thousand kilometers in 2 months in the following cases:

technical defect of the vehicles transporting (transporting) goods in the presence of the documents confirming this fact;

accident, force majeur circumstances (force majeure circumstances), emergency situation (in the presence of the documents issued by competent state bodies, confirming the fact of emergence of the circumstances interfering fulfillment of duties of carrier);

availability of the queues interfering entrance of vehicles to check points through the state (customs) borders of state members of the Union and (or) the adjacent states and, respectively, the goods delivery in delivery location in the time established by customs authority of departure;

acceptance of the transported goods by the subsequent carrier (if goods are transported with participation of several railway carriers of state members of the Union) when before the expiration of the departure of term of customs transit established by customs authority there are less than 10 calendar days;

introduction of conventional prohibitions by railway administrations (in case of representation to customs authority of information and (or) the documents confirming such fact).

2. Approve enclosed:

Procedure for making of the customs transactions connected with prolongation of term of customs transit;

Procedure for making of the customs transactions connected with receipt of permission of customs authority to change of delivery location of goods;

Procedure for making of the customs transactions connected with receipt of permission of customs authority to unloading, overload (transfer) and other cargo operations with the goods transported (transported) according to customs procedure of customs transit across customs area of the Eurasian Economic Union and also on replacement of the vehicles transporting (transporting) such goods or with the notification of customs authority on making of such transactions;

Procedure for making of the customs transactions connected with receipt of permission of customs authority to implementation of unloading, overload (transfer) and other cargo operations with the goods of the Eurasian Economic Union transported (transported) from one part of customs area of the Union on other part of customs area of the Union through the territories of the states which are not members of the Union and (or) the sea and also on replacement of the vehicles transporting (transporting) such goods in the territories of the states which are not members of the Union or with the notification of customs authority on making of such transactions;

Procedure for making of customs transactions in case of the accident, force majeure or other circumstances which arose in transit (transportation) of goods according to customs procedure of customs transit;

Procedure for making of the customs transactions connected with completion and cancellation of customs procedure of customs transit.

3. This Decision becomes effective after 10 calendar days from the date of its official publication, but not earlier than the date of entry into force of the Agreement on the Customs code of the Eurasian Economic Union of April 11, 2017.

Approved by the Decision of Board of the Eurasian economic commission of December 13, 2017, No. 170

Procedure for making of the customs transactions connected with prolongation of term of customs transit

1. This Procedure determines the sequence of making of the customs transactions connected with prolongation of term during which the goods placed under customs procedure of customs transit shall be delivered from customs authority of departure to customs authority of appointment (further – the term of customs transit).

2. For prolongation of term of customs transit in transit (transportation) of goods according to customs procedure of customs transit the customs applicant of the goods placed under customs procedure of customs transit, or carrier (if he did not act as the customs applicant) (further – the authorized person) in case of approach of the circumstances interfering observance by carrier of obligations, stipulated in Article 150 Customs codes of the Eurasian Economic Union (further – the Code), submits before the expiration of the departure of term of customs transit established by customs authority the motivated address about prolongation of fixed term of customs transit (further – the address) according to article 362 of the Code:

in customs authority of departure or customs authority which is authorized on making of the customs transactions connected with prolongation of term of customs transit and in which region of activities there are goods and the vehicle – in transit (transportation) of goods on customs area of the Eurasian Economic Union (further – the Union);

in customs authority of departure or customs authority of appointment – in transit (transportation) of goods from one part of customs area of the Union on other part of customs area of the Union through the territories of the states which are not members of the Union and (or) the sea.

In case of submission of the address the actual arrival of the authorized person in the relevant customs authority and presentation to this customs authority of the vehicle and (or) goods is not required.

3. The address shall contain the following data:

a) data on the authorized person:

the full or short (reduced) name of the legal entity, the organization, not being the legal entity (further – the organization), or surname, name, middle name (in the presence) physical person;

tax number (in the presence). For the purposes of this Procedure as tax number it is understood:

in the Republic Armenia-accounting taxpayer number (UNN) (except for the physical person who is not the individual entrepreneur), or the registration plate of public services (RPPS) for physical person, or unique identification number for the foreign physical person;

in the Republic Belarus-accounting number of the payer (UNP) (except for the physical person who is not the individual entrepreneur) or identification number of physical person (in the presence);

in the Republic Kazakhstan – the business and identification number (BIN) for the organization (branch, representation) and the individual entrepreneur performing activities in the form of joint venture or the individual identification number (IIN) for physical person, including for the individual entrepreneur performing activities in the form of personal entrepreneurship or the unique identification number (UIN) for the foreign physical person;

in the Kyrgyz Republic – tax ID number of the taxpayer (INN) for the legal entity or the individual entrepreneur or the personal identification number (PIN) for the physical person performing business activity in the territory of the Kyrgyz Republic and which is not registered as the individual entrepreneur;

in the Russian Federation – the identification taxpayer number (ITN), and for legal person – also reason code of registration (check point) (for separate division of the legal entity the check point appropriated in the location of separate division is put down);

address (short country name, administrative and territorial unit (region, area, area, etc.), settlement, street, house number, number of the case (structure), number of the apartment (room, office)) locations of the legal entity, organization or residence of physical person;

b) registration number of the transit declaration or other documents used according to the Code as the transit declaration (further – the transit declaration).

When using as the transit declaration of the book of MDP or cornet of ATA series and number of the book of MDP or cornet of ATA are in addition specified;

c) the full or short (reduced) name of the legal entity, the organization or surname, name, middle name (in the presence) physical person transporting (transportation) of goods (except as specified when such data match with the data specified in the subitem "an" of this Item);

d) data on the circumstances which caused need of prolongation of term of customs transit (according to Item 5 of this Procedure);

e) data on the location of goods and the vehicle (including about the region);

e) data about assumed (taking into account the provisions established by Items 3 and 4 of article 144 of the Code) the term during which the goods placed under customs procedure of customs transit will be delivered to customs authority of appointment, with reasons for such term;

g) data on method of informing, preferable to the authorized person, on results of consideration of the address (for example, by e-mail, phone, etc., with indication of corresponding e-mail addresses, phone numbers).

4. If to customs authority of departure the transit declaration was presented in document type on paper and the address moves in document type on paper, the transit declaration in document type on paper or the copy certified by its authorized person on paper is also attached to the specified address.

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