ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 14, 2023 No. 980

About introduction of amendments to some acts of the Government of the Russian Federation

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to acts of the Government of the Russian Federation.

2. Determine that the existing documents on reference of products to the industrial output which does not have the analogs made in the Russian Federation issued by the Ministry of Industry and Trade of the Russian Federation and the organizations performing examination of determination of differences of parameters of products from parameters of the industrial output made in the Russian Federation are valid till November 30, 2024.

3. This resolution becomes effective from the date of its official publication.

Approved by the Order of the Government of the Russian Federation of June 14, 2023 No. 980

Changes which are made to acts of the Government of the Russian Federation

1. Item 42 of the list of services which are federal executive bodies, bodies of state non-budgetary funds, the state corporations, necessary and obligatory for provision, authority given according to the Federal Laws on provision of the state services in the established field of activity, the state services and are provided by the organizations and the experts authorized in accordance with the legislation of the Russian Federation participating in provision of the state services, No. 352 approved by the order of the Government of the Russian Federation of May 6, 2011 "About approval of the list of services which are federal executive bodies, bodies of state non-budgetary funds, the state corporations, necessary and obligatory for provision, the authority given according to the Federal Laws on provision of the state services in the established field of activity, the state services are also provided by the organizations and the experts authorized in accordance with the legislation of the Russian Federation participating in provision of the state services, and determination of the amount of payment for their rendering" (The Russian Federation Code, 2011, No. 20, Art. 2829; 2015, No. 50, Art. 7189; 2017, No. 40, Art. 5843; 2021, No. 30, of the Art. 5805) to state in the following edition:

"42. Examination of determination of differences of parameters of products from parameters of the industrial output made in the Russian Federation for the purpose of receipt of the conclusion about reference of products to the industrial output which does not have the analogs made in the Russian Federation according to the Rules of reference of products to the industrial output which does not have the analogs made in the Russian Federation approved by the order of the Government of the Russian Federation of September 20, 2017 No. 1135 "About reference of products to the industrial output which does not have the analogs made in the Russian Federation, and introduction of amendments to some acts of the Government of the Russian Federation" <*>.".

2. In the order of the Government of the Russian Federation of September 20, 2017 No. 1135 "About reference of products to the industrial output which does not have the analogs made in the Russian Federation, and introduction of amendments to some acts of the Government of the Russian Federation" (The Russian Federation Code, 2017, No. 40, Art. 5843; 2019, No. 29, Art. 4037):

a) to state the criteria of reference of products to the industrial output which does not have the analogs made in the Russian Federation approved by the specified resolution in the following edition:

"Are approved by the Order of the Government of the Russian Federation of September 20, 2017 No. 1135
(in edition of the Order of the Government of the Russian Federation of June 14, 2023 No. 980)

Criteria of reference of products to the industrial output which does not have the analogs made in the Russian Federation

Criteria of reference of products to the industrial output which does not have the analogs made in the Russian Federation are differences of parameters of products from parameters of the industrial output made in the Russian Federation included in the register of the Russian industrial output according to the Rules of issue of the conclusion about confirmation of production of industrial output in the territory of the Russian Federation approved by the order of the Government of the Russian Federation of July 17, 2015 No. 719 "About confirmation of production of industrial output in the territory of the Russian Federation".

Parameters of products are understood as data on technical characteristics of the goods made as a result of implementation of activities in the field of the industry including the multicomponent processing equipment moved through customs border of the Eurasian Economic Union in not collected or sorted type, including in incomplete or incomplete type, import or evacuation of whom is performed by different consignments during the established period of time, but at least the term, the stipulated in Item 1 Article 101 of the Customs code of the Eurasian Economic Union concerning functional purpose of such goods including the caused multicomponent processing equipment, or the list of the carried-out functions, scope, quality characteristics (parameters of reliability, ergonomics, energy efficiency, technological effectiveness, safety, ecological, production, operational parameters, metrological characteristics and others), not belonging only to appearance and essentially the parameters of such goods influencing functional purpose, allowing to determine differences, including the caused multicomponent processing equipment, the legal entity specified in documents or the individual entrepreneur registered in the territory of the Russian Federation from parameters of the industrial output made in the Russian Federation, according to the Rules of reference of products to the industrial output which does not have the analogs made in the Russian Federation approved by the order of the Government of the Russian Federation of September 20, 2017 No. 1135 "About reference of products to the industrial output which does not have the analogs made in the Russian Federation, and introduction of amendments to some acts of the Government of the Russian Federation.";

b) The rules of reference of products to the industrial output which does not have the analogs made in the Russian Federation approved by the specified resolution to state in the following edition:

"Are approved by the Order of the Government of the Russian Federation of September 20, 2017 No. 1135
(in edition of the Order of the Government of the Russian Federation of June 14, 2023 No. 980)

Rules of reference of products to the industrial output which does not have the analogs made in the Russian Federation

I. General provisions

1. These rules establish procedure for reference of products to the industrial output which does not have the analogs made in the Russian Federation according to the criteria of reference of products to the industrial output which does not have the analogs made in the Russian Federation approved by the order of the Government of the Russian Federation of September 20, 2017 No. 1135 "About reference of products to the industrial output which does not have the analogs made in the Russian Federation, and introduction of amendments to some acts of the Government of the Russian Federation".

2. The concepts used in these rules mean the following:

"appraisal certificate" - the document determining differences of parameters of the declared products from parameters of the industrial output made in the Russian Federation, in form according to appendix, issued by the expert organization;

"analog" - the products included in the register of the Russian industrial output and having similar parameters which allow such products to perform the same functions and (or) to be commercially interchangeable;

"agreement" - the service provision agreement on conducting examination signed by the expert organization and the applicant;

"the conclusion about lack of analogs" - the conclusion about reference of products to the industrial output which does not have the analogs made in the Russian Federation issued by the Ministry of Industry and Trade of the Russian Federation according to these rules;

"applicant" - the legal entity or the individual entrepreneur registered in the territory of the Russian Federation;

"the declared products" - products specified in documents of the applicant concerning which the appraisal certificate and the conclusion about lack of analogs is issued;

"codes of the declared products" - codes of the declared products according to the All-Russian Product Classifier by types of economic activity OK 034 - 2014 (KPES 2008);

"products codes" - codes of industrial output according to the All-Russian Product Classifier by types of economic activity OK 034 - 2014 (KPES 2008);

"products parameters" - the data on technical characteristics of industrial output concerning functional purpose of such products or the list of the carried-out functions, the scopes, quality characteristics (parameters of reliability, ergonomics, energy efficiency, technological effectiveness, safety, ecological, production, operational parameters, metrological characteristics and others) which are not relating only to appearance of goods and essentially the differences of parameters of the declared products influencing functional purpose, allowing to determine from parameters of products made in the Russian Federation;

"industrial output" - the goods made as a result of implementation of activities in the field of the industry including the multicomponent processing equipment moved through customs border of the Eurasian Economic Union in not collected or sorted type, including in incomplete or incomplete type, import or evacuation of whom is performed by different consignments during the established period of time, but at least the term, stipulated in Item 1 Article 101 of the Customs code of the Eurasian Economic Union;

"similar products" - the products relating to products codes identical with codes of the declared products, and having the parameters comparable to parameters of the declared products which production is in the territory of the Russian Federation confirmed with the conclusion about confirmation of production of industrial output in the territory of the Russian Federation issued by the Ministry of Industry and Trade of the Russian Federation according to the Rules of issue of the conclusion about confirmation of production of industrial output in the territory of the Russian Federation approved by the order of the Government of the Russian Federation of July 17, 2015 No. 719 "About confirmation of production of industrial output in the territory of the Russian Federation";

"examination" - examination of determination of differences of parameters of the declared products from parameters of the industrial output made in the Russian Federation;

"the expert organization" - the organization performing examination, determined following the results of the selection of the organizations performing examination made by the Ministry of Industry and Trade of the Russian Federation according to the Rules of carrying out selection of the organizations performing examination of determination of differences of parameters of products from parameters of the industrial output made in the Russian Federation, approved by the order of the Government of the Russian Federation of September 20, 2017 No. 1135 "About reference of products to the industrial output which does not have the analogs made in the Russian Federation, and introduction of amendments to some acts of the Government of the Russian Federation".

3. The Ministry of Industry and Trade of the Russian Federation taking into account results of examination performs reference of the declared products to products which do not have analogs and issues the conclusion about lack of analogs.

The conclusion about lack of analogs is issued within 30 working days from the date of receipt by the Ministry of Industry and Trade of the Russian Federation of documents, stipulated in Item 24 these rules.

4. Conducting examination and issue of the appraisal certificate are performed by the expert organization.

II. Procedure for issue of the appraisal certificate and conclusion about lack of analogs

5. For the purpose of receipt of the appraisal certificate the applicant creates the statement for issue of the appraisal certificate and the conclusion about lack of analogs by means of the state information system of the industry in which are specified:

a) the name of the applicant - the legal entity, surname, name and middle name (in the presence) the applicant - the individual entrepreneur;

b) identification taxpayer number, the primary state registration number - for the legal entity, the primary state registration number of the individual entrepreneur - for the individual entrepreneur;

c) the location and the address of the legal entity within the location of the legal entity or the residential address of the citizen performing business activity as the individual entrepreneur;

d) details and the name of regulatory legal act which provides reference of the declared products to the industrial output which does not have analogs;

e) the name and codes of the declared products, including according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (in the presence).

6. The statement for issue of the appraisal certificate and the conclusion about lack of analogs is submitted concerning each name of industrial output.

7. The statement for issue of the appraisal certificate and the conclusion about lack of analogs moves electronically, is filled in with the authorized person responsible for submission of such statement in personal account of the state information system of the industry, and signed by the head (other authorized person) of the applicant the strengthened qualified digital signature according to the Rules of use of the strengthened qualified digital signature in case of the request for receipt of the state and municipal services approved by the order of the Government of the Russian Federation of August 25, 2012 No. 852 "About approval of Rules of use of the strengthened qualified digital signature in case of the request for receipt of the state and municipal services and about modification of Rules of development and approval of administrative regulations of provision of the state services".

8. Are applied to the statement for issue of the appraisal certificate and the conclusion about lack of analogs certified by the head of the legal entity or the individual entrepreneur (other authorized person):

a) technical documentation on the declared products (specifications, and (or) descriptions, and (or) operational documents, and (or) documentation confirming the main consumer properties, and (or) information on energy efficiency of products, and (or) documents on assessment of conformity of products, and (or) test reports of such products, and (or) other documents). In case of submission of the documents constituted in foreign language the translation into Russian certified in accordance with the established procedure is applied to them;

b) the copy of the provisional solution about classification of goods according to the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (in the presence) or the copy of the decision on classification of the goods moved through customs border of the Eurasian Economic Union in not collected or sorted type, including in incomplete or incomplete type (in the presence);

c) reasons for impossibility of replacement of separate components of the declared products with the components made in the territory of the Russian Federation without change of parameters of such products (in the presence).

9. The expert organization within 3 working days from the date of receipt in the state information system of the industry of the statement for issue of the appraisal certificate and the conclusion about lack of analogs with the enclosed documents specified in Item 8 of these rules:

a) considers the application for issue of the appraisal certificate and the conclusion about lack of analogs and the documents specified in Item 8 of these rules, in the state information system of the industry;

b) performs check of completeness of the data stated in the application for issue of the appraisal certificate and the conclusion about lack of the analogs and documents specified in Item 8 of these rules and also their compliance to provisions of Items 5 and 8 of these rules;

c) directs to the applicant refusal in conducting examination if the declared products are not included into the list of industrial output concerning which the expert organization carries out expertize. The list of industrial output concerning which the expert organization carries out expertize affirms and placed in the state information system of the industry by the head of the expert organization (other authorized person).

10. The expert organization within 5 working days from date of verification of the statement for issue of the appraisal certificate and the conclusion about lack of the analogs and documents specified in Item 8 of these rules according to the subitem "b" of Item 9 of these rules:

a) in case of incompleteness of the data stated in the application for issue of the appraisal certificate and the conclusion about lack of the analogs and documents specified in Item 8 of these rules, and also their discrepancy to provisions of Items 5 and 8 of these rules sends the applicant the letter with the offer on completion of such statement and documents;

b) sends to the applicant the draft agreement with calculation of the amount of payment for conducting examination signed by the head of the expert organization (other authorized person).

11. In the agreement including are determined:

subject of the agreement;

term of conducting examination;

the amount of payment for conducting examination calculated according to technique of determination of the amount of payment for rendering necessary and obligatory service in examination of determination of differences of parameters of products from parameters of the industrial output made in the Russian Federation approved by the order of the Government of the Russian Federation of September 20, 2017 No. 1135 "About reference of products to the industrial output which does not have the analogs made in the Russian Federation, and introduction of amendments to some acts of the Government of the Russian Federation", and not exceeding the extreme amount of payment for rendering necessary and obligatory service in examination of the determination of differences of parameters of products from parameters of the industrial output made in the Russian Federation approved by the specified resolution;

condition about examination payment, including condition about return to the applicant of the paid means for the carried-out expertize if by the Ministry of Industry and Trade of the Russian Federation it will be refused issue of the conclusion about lack of analogs on the basis specified in the subitem "an" of Item 36 of these rules;

responsibility of the parties for non-execution and (or) improper execution of obligations.

The signed agreement is available to acquaintance by means of personal accounts of the state information system of the industry of the applicant, the relevant expert organization and the authorized staff of the Ministry of Industry and Trade of the Russian Federation.

12. Expertize is carried out within 40 working days from the date of the conclusion of the agreement, but not earlier than date of documentary confirmation by the applicant of partial or complete payment of such examination in accordance with the terms of the agreement.

Documentary payment confirmation is the payment order with mark of bank, either territorial authority of the Federal Treasury the, or other body performing opening and account management including making calculations electronically about its execution.

13. Conducting examination includes the following stages:

a) consideration of information provided by the applicant in compliance the subitem "d" of Item 5 of these rules, and parameters of the declared products based on information containing in the documents submitted by the applicant according to the subitem "b" of Item 8 of these rules;

b) search of the similar products made in the territory of the Russian Federation. Search is run taking into account the conclusions about confirmation of production of industrial output in the territory of the Russian Federation issued by the Ministry of Industry and Trade of the Russian Federation according to the Rules of issue of the conclusion about confirmation of production of industrial output in the territory of the Russian Federation approved by the order of the Government of the Russian Federation of July 17, 2015 No. 719 "About confirmation of production of industrial output in the territory of the Russian Federation". In case of production identification in the territory of the Russian Federation of similar products determination of analog concerning industrial output is performed in general on such products without separation into components in cases if the industrial output cannot be divided into components without change of parameters of such products. If is part of industrial output more than one processing line providing production of finished goods, search of analogs in case of production identification in the territory of the Russian Federation to similar products is performed separately on each processing line;

c) comparison of parameters of the declared products with parameters of similar products for the purpose of determination of availability (absence) of production in the territory of the Russian Federation industrial output which parameters are similar to parameters of the declared products;

d) creation of the appraisal certificate and issue to his applicant by means of the state information system of the industry.

14. The expert organization has the right to request from the applicant additional documents for the purpose of carrying out the corresponding stage of examination specified in Item 13 of these rules.

At the same time non-presentation by the applicant of the specified additional documents requested by the expert organization is not the basis for refusal in issue of the appraisal certificate.

15. The procedure of carrying out the stage specified in the subitem "v" of Item 13 of these rules, and methodical recommendations about conducting examination affirm the Ministry of Industry and Trade of the Russian Federation. Methodical recommendations about conducting examination provide the procedure of conducting examination and are applied by the expert organizations.

16. For the purpose of carrying out the stage specified in the subitem "b" of Item 13 of these rules, the expert organization places in the state information system of the industry for 20 working days the information message according to Item 17 of these rules, and also sends to the copy of the specified information message to the Ministry of Industry and Trade of the Russian Federation, industry associations, merging of producers, the scientific and educational organizations.

The expert organization has the right to carry out other actions for the purpose of implementation of the subitem "b" of Item 13 of these rules (the direction of requests in branch associations of producers, research institutions), and also has the right to request from producers of industrial output which parameters are similar to parameters of the declared products, the documents specified in the subitem "b" of Item 8 of these rules, except for to information which is commercial or other secret protected by the law.

Access of the expert organization to the state information system of the industry, and also realization in the state information system of the industry of the provisions provided by these rules are performed according to article 14 of the Federal law "About Industrial Policy in the Russian Federation".

17. The information message includes the following data:

a) code of the declared products;

b) the name and parameters of the declared products;

c) contact information of the expert organization (postal address, e-mail address and phone);

d) term of search of similar products.

18. The appraisal certificate is created in electronic form, signed by the strengthened qualified digital signature of the head of the expert organization (other authorized person) and is valid from date of issue before the termination of effective period of the conclusion about lack of analogs.

Date of issue of the appraisal certificate is date of its signing and placement in the state information system of the industry.

19. The appraisal certificate is placed the expert organization in the state information system of the industry in day of its issue.

20. The expert organization keeps the register of acts of examinations in the state information system of the industry, and also places information on examination containing in the state information system of the industry:

a) the description of the declared products - codes of the declared products and its parameters;

b) search results of the industrial output made in the territory of the Russian Federation with products codes corresponding to codes of the declared products and the parameters similar to parameters of the declared products and also information on realization of provisions, stipulated in Item 16 these rules;

c) results of comparison of parameters of the declared products with parameters of similar products for the purpose of determination of availability (absence) of production in the territory of the Russian Federation industrial output which parameters are similar to parameters of the declared products;

d) date of filing of application about issue of the appraisal certificate and conclusion about lack of analogs, start and end date of conducting examination.

21. The applicant has the right to direct to the expert organization the application for modification of the appraisal certificate issued earlier to the applicant by the expert organization regarding the name of the declared products concerning which expertize, in case of simultaneous accomplishment of the following requirements was carried out:

a) the name of the declared products specified in the appraisal certificate differs from the product name specified in the decision on classification of goods according to the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union or the decision on classification of the goods moved through customs border of the Eurasian Economic Union in not collected or the sorted type including in incomplete or incomplete type if one of such decisions was accepted after the direction the applicant of the statement for issue of the appraisal certificate and the conclusion about lack of analogs and the documents attached to it according to Items 5 and 8 of these rules;

b) the changes made to the appraisal certificate have technical character and do not contradict information stated in earlier issued appraisal certificate.

22. In the applicant the specified expert organization the appraisal certificate created based on Item 21 of these rules issued earlier are applied the copy of the provisional solution about classification of goods according to the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union to the statement for modification or the copy of the decision on classification of the goods moved through customs border of the Eurasian Economic Union in not collected or sorted type, including in incomplete or incomplete type and also the description of the necessary changes made to the appraisal certificate, and their reasons.

23. The expert organization on free basis within 10 working days from receipt date of the statement for modification of the appraisal certificate issued earlier to the applicant by the specified expert organization and the documents provided by Items 21 and 22 of these rules performs check of reliability and completeness of the submitted documents and by results of such check:

a) in case of unauthenticity of the data stated in the application for modification in the appraisal certificate issued earlier to the applicant by the specified expert organization, and (or) incompleteness of the submitted documents and also if the changes offered to entering into the appraisal certificate regarding the name of the declared products contradict the data containing in earlier issued appraisal certificate and (or) require repeated conducting examination, sends to the applicant the notification on refusal in modification of the appraisal certificate with indication of cause of failure;

b) issues the appraisal certificate taking into account the made changes in the name of the declared products and provides fulfillment of requirements to the issued appraisal certificates, provided by Items 18 - 20 these rules.

24. For the purpose of receipt of the conclusion about lack of analogs the applicant sends to the Ministry of Industry and Trade of the Russian Federation by means of personal account of the applicant of the state information system of the industry the statement for issue of the appraisal certificate and the conclusion about lack of analogs created according to Item 5 of these rules and containing information provided by the specified Item on condition of availability of the corresponding appraisal certificate issued by the expert organization, and also the copy of the provisional solution about classification of goods according to the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (in the presence) or the copy of the decision on classification of the goods moved through customs border of the Eurasian Economic Union in not collected or sorted type, including in incomplete or incomplete type (in the presence).

25. The Ministry of Industry and Trade of the Russian Federation within 5 working days from receipt date of the statement for issue of the appraisal certificate and the conclusion about lack of analogs performs check of completeness and reliability of the acquired information and documents.

26. In case of incompleteness and (or) unauthenticity of the these rules of documents received according to Item 24 the Ministry of Industry and Trade of the Russian Federation within 5 working days from the date of completion of check according to Item 25 of these rules sends to the applicant the notification on refusal in issue of the conclusion about lack of analogs with indication of cause of failure.

The applicant to whom it is refused issue of the conclusion about lack of analogs in connection with incompleteness of the these rules of documents received according to Item 24 has the right to address repeatedly to the Ministry of Industry and Trade of the Russian Federation for repeated passing of the procedure provided by Items 24 - 25 these rules.

27. The Ministry of Industry and Trade of the Russian Federation within 15 working days from receipt date according to Item 24 of these rules of documents performs check:

observance by the expert organization of procedure for issue of the appraisal certificate according to Items 5 - 20 or 21 - 23 these rules;

availability (absence) of production in the territory of the Russian Federation analogs the declared products - in case of receipt in the Ministry of Industry and Trade of the Russian Federation of information from the interested legal entity and (or) the individual entrepreneur performing production of industrial output in the Russian Federation.

In case of production identification in the territory of the Russian Federation of similar products determination of analog concerning industrial output is performed in general on such products without separation into components in cases if the industrial output cannot be divided into components without change of parameters of such products.

If is part of industrial output more than one processing line providing production, search of analogs in case of production identification in the territory of the Russian Federation to industrial output is performed separately on each processing line.

28. The Ministry of Industry and Trade of the Russian Federation by results of consideration of the documents specified in Item 24 of these rules, and conducting check according to Item 27 of these rules makes the decision on issue of the conclusion about lack of analogs in case of establishment that the declared products can be carried to the industrial output which does not have analogs.

29. The Ministry of Industry and Trade of the Russian Federation issues the conclusion about lack of analogs which contains:

a) the name of the applicant - the legal entity, surname, name and middle name (in the presence) the applicant - the individual entrepreneur, identification taxpayer number, the primary state registration number - for the legal entity, the primary state registration number of the individual entrepreneur - for the individual entrepreneur;

b) the name of the declared products carried to the industrial output which does not have analogs, with indication of codes of the declared products, including according to the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (in the presence), according to the documents submitted by the applicant according to Item 24 of these rules;

c) number of the conclusion about lack of analogs assigned by the Ministry of Industry and Trade of the Russian Federation, date of issue of the conclusion about lack of analogs and term of its action according to Item 30 of these rules.

30. The conclusion about lack of analogs is created in electronic form, signed by the strengthened qualified digital signature of the authorized officer of the Ministry of Industry and Trade of the Russian Federation and is placed in the state information system of the industry in day of its signing.

If the conclusion about lack of analogs is issued concerning industrial output taking into account data from the provided copy of the decision on classification of the goods moved through customs border of the Eurasian Economic Union in not collected or sorted type, including in incomplete or incomplete type, import or evacuation of whom is supposed different consignments during the established period of time, the conclusion about lack of analogs is effective about day of release of the last component of goods provided that the relevant decision about classification of the goods moved through customs border of the Eurasian Economic Union in not collected or sorted type, including in incomplete or incomplete type was not stopped or withdrawn, but no more than 6 years from date of issue of the conclusion about lack of analogs.

If the conclusion about lack of analogs is issued concerning the declared products taking into account data from the provided copy of the provisional solution on classification of goods according to the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union, effective period of the conclusion about lack of analogs constitutes one year from the date of its issue provided that the relevant provisional solution about classification of goods according to the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union was not stopped or withdrawn.

In case of lack of the provisional solution about classification of goods according to the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union or the decision on classification of the goods moved through customs border of the Eurasian Economic Union in not collected or sorted type, including in incomplete or incomplete type, import or evacuation of whom is supposed different consignments during the established period of time, or effective period of such conclusion about lack of analogs constitutes copies of such decisions one year from the date of its issue.

Date of issue of the conclusion about lack of analogs is date of its signing and placement in the state information system of the industry.

31. The Ministry of Industry and Trade of the Russian Federation sends the conclusion about lack of analogs to the Federal Customs Service with use of system of interdepartmental electronic document management or system of interdepartmental electronic interaction within 5 working days from the date of its issue.

32. The applicant has the right to send the statement for modification of the conclusion about lack of analogs to the Ministry of Industry and Trade of the Russian Federation:

a) regarding refining of product name, carried to the industrial output which does not have analogs;

b) regarding prolongation of effective period of the conclusion about lack of analogs.

33. The following documents are attached to the statement specified in Item 32 of these rules:

a) in the case specified in the subitem "an" of Item 32 of these rules - the appraisal certificate issued by the expert organization according to Item 23 of these rules;

b) in the case specified in the subitem "b" of Item 32 of these rules - the copy of the decision on classification of the goods moved through customs border of the Eurasian Economic Union in not collected or sorted type, including in incomplete or incomplete type import or evacuation of whom is supposed different consignments during the established period of time if such decision was made after the direction by the applicant of the statement for issue of the appraisal certificate and the conclusion about lack of analogs according to Item 5 of these rules, and also the copy of earlier issued conclusion about lack of analogs.

34. The Ministry of Industry and Trade of the Russian Federation within 5 working days from receipt date of the statement and the documents provided by Items 32 and 33 of these rules performs check:

a) reliability and completeness of the submitted documents;

b) observance by the expert organization of conditions of issue of the appraisal certificate, stipulated in Item 23 these rules, in the case specified in the subitem "an" of Item 32 of these rules.

35. The Ministry of Industry and Trade of the Russian Federation within 5 working days from date of check, stipulated in Item 34 these rules:

a) in case of unauthenticity of data and (or) incompleteness of the submitted documents, and also in case of non-compliance with the requirements provided by Items 21 - 23 these rules, the notification on refusal in modification of the conclusion about lack of analogs with indication of cause of failure sends to the applicant;

b) issues the conclusion about lack of analogs taking into account the made changes and provides its inclusion in the list of the issued conclusions about lack of analogs according to Item 38 of these rules, and also places the conclusion about lack of analogs in the state information system of the industry and on the official site of the Ministry of Industry and Trade of the Russian Federation on the Internet according to Item 39 of these rules.

36. The Ministry of Industry and Trade of the Russian Federation makes the decision on refusal in issue of the conclusion about lack of analogs if:

a) the expert organization does not observe procedure for issue of the appraisal certificate according to Items 5 - 20 or 21 - 23 these rules;

b) the declared products cannot be carried to the industrial output which does not have the analogs made in the Russian Federation in case of production availability in the territory of the Russian Federation of analog.

37. The decision on refusal in issue by the Ministry of Industry and Trade of the Russian Federation of the conclusion about lack of analogs with indication of cause of failure goes the Ministry of Industry and Trade of the Russian Federation to the applicant within 5 working days from acceptance date of such decision.

38. The Ministry of Industry and Trade of the Russian Federation keeps the list of the issued conclusions about lack of analogs.

The data which are in prison about lack of analogs with indication of effective period of the conclusion about lack of analogs, and also data on the expert organization which issued the appraisal certificate are included in the specified list.

The conclusion about lack of analogs is excluded from the list on the expiration of its action.

39. The issued conclusions about lack of analogs are placed the Ministry of Industry and Trade of the Russian Federation in the state information system of the industry and on the official site of the Ministry of Industry and Trade of the Russian Federation on the Internet.

Appendix

to Rules of reference of products to the industrial output which does not have the analogs made in the Russian Federation

(form)

ACT examinations of determination of differences of parameters of products from parameters of the industrial output made in the Russian Federation

from ____________ No. _____

(the name of the expert organization which issued the appraisal certificate, PSRN)

1. Name of the applicant			.
2. INN or applicant's OGRIP				.
3. Address (location) of the applicant					.
4. The name of the declared products, concerning which expertize _____________________________________________ is carried out
.
5. Products code according to OK 034 - 2014 (KPES 2008)
.
6. Products code according to the CN FEA EEU <1>						.
7. The parameters of the declared products concerning <2>:
a) functional purpose or the list of the carried-out functions
;
b) scopes	;
c) quality characteristics:
reliability parameters	;
ergonomics parameters		;
parameters of energy efficiency					;
technological effectiveness parameters		;
safety parameters		;
ecological parameters		;
parameters production			;
operational parameters			;
metrological characteristics				;
other parameters of products			.
By results of examination it is determined what is in the territory of the Russian Federation made it (is not made) industrial output which parameters differ (do not differ) from parameters of the declared products. The declared products can be (cannot be) are carried to the industrial output which does not have the analogs made in the Russian Federation>. This appraisal certificate of determination of differences of parameters of products from parameters of the industrial output made in the Russian Federation is prepared for provision in the Ministry of Industry and Trade of the Russian Federation.

(signature of the head of the expert organization or other authorized person)		(disaggregation of the signature)

--------------------------------

<1> It is specified according to the provisional solution about classification of goods according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (in the presence) or the decision on classification of the goods moved through customs border of the Eurasian Economic Union in not collected or sorted type, including in incomplete or incomplete type (in the presence).

<2> Products parameters set by results of examination of determination of differences of parameters of products from parameters of the industrial output made in the Russian Federation are specified.

<3> Necessary to emphasize.";

c) the requirements to the organizations performing examination of determination of differences of parameters of products from parameters of the industrial output made in the Russian Federation, approved by the specified resolution to state in the following edition:

"Are approved by the Order of the Government of the Russian Federation of September 20, 2017 No. 1135
(in edition of the Order of the Government of the Russian Federation of June 14, 2023 No. 980)

Requirements to the organizations performing examination of determination of differences of parameters of products from parameters of the industrial output made in the Russian Federation

1. The organization performing examination of determination of differences of parameters of products from parameters of the industrial output made in the Russian Federation (further - the expert organization), is under authority of federal executive body or is the non-profit organization created according to acts of the President of the Russian Federation or the Government of the Russian Federation.

2. At least one of the following structural divisions is part of the expert organization:

a) test laboratory (center);

b) engineering center;

c) proving ground.

3. The expert organization including shall correspond to one of the following criteria:

a) is at least 10 workers having the higher education corresponding to the sphere of research activities on the staff of the expert organization;

b) the expert organization has at least 3 years of work experience in the field of research activities in the field of the market of the industrial output made in the territory of the Russian Federation and (or) state members of the Eurasian Economic Union.";

d) in Rules of carrying out selection of the organizations performing examination of determination of differences of parameters of products from the parameters of the industrial output made in the Russian Federation approved by the specified resolution:

in the subitem "an" of Item 3:

in paragraph four the word "locations" shall be replaced with words "locations";

the fifth to exclude the paragraph;

in paragraph six:

words of "area of accreditation" shall be replaced with words "areas of competences";

"The single commodity nomenclature" shall be replaced with words words "the single Commodity nomenclature";

in Item 11:

in the subitem "b" of figure "13" to replace with figures "36";

declare the subitem "v" invalid;

e) in appendix to technique of determination of the amount of payment for rendering necessary and obligatory service in examination of determination of differences of parameters of products from parameters of the industrial output made in the Russian Federation approved by the specified resolution:

in the name "experts" shall be replaced with words the word "the expert organizations";

in the name of the column "Labour Input of Work (Man-days)" of the word of "work (man-days)" shall be replaced with words "works (coefficient)";

in line item of 1 word "and Single commodity nomenclature of foreign economic activity of the Eurasian Economic Union" to exclude;

3 and 4 to state line items in the following edition:

"3.	Search of the industrial output similar to the declared products made in the territory of the Russian Federation	0,25 or 0,15 in case of the applicant's belonging to subjects of small and medium entrepreneurship
4.	Comparison of parameters of the declared products with parameters of similar products	0,25 or 0,15 in case of the applicant's belonging to subjects of small and medium entrepreneurship";

add with line item 6 following contents:

"6.

Involvement of additional employees of the organization performing examination of determination of differences of parameters of products from the parameters of the industrial output made in the Russian Federation, to work specified in line items 3 and 4 <*>

0,5";

"Total" to exclude line item;

add with footnote of the following content:

"<*> For the purpose of reducing term of the conducting examination specified in Item 12 of Rules of reference of products to the industrial output which does not have the analogs made in the Russian Federation approved by the order of the Government of the Russian Federation of September 20, 2017 No. 1135 "About reference of products to the industrial output which does not have the analogs made in the Russian Federation, and introduction of amendments to some acts of the Government of the Russian Federation", but no more than for 10 working days.";

e) in the extreme amount of payment for rendering necessary and obligatory service in examination of determination of differences of parameters of products from parameters of the industrial output made in the Russian Federation approved by the specified resolution:

in line item of 1 word "and Single commodity nomenclature of foreign economic activity of the Eurasian Economic Union" to exclude;

3 and 4 to state line items in the following edition:

"3.	Search of the industrial output similar to the declared products made in the territory of the Russian Federation	15000 or 20000 (for everyone technological the line)
4.	Comparison of parameters of the declared products with parameters of similar products	15000 or 20000 (for everyone technological the line)";

add with line item 6 following contents:

"6.

Involvement of additional employees of the organization performing examination of determination of differences of parameters of products from the parameters of the industrial output made in the Russian Federation, to work specified in line items 3 and 4 <*>

10000 or 10000 (for everyone technological the line)";

"Total" to exclude line item;

add with footnote of the following content:

"<*> For the purpose of reducing term of the conducting examination specified in Item 12 of Rules of reference of products to the industrial output which does not have the analogs made in the Russian Federation approved by the order of the Government of the Russian Federation of September 20, 2017 No. 1135 "About reference of products to the industrial output which does not have the analogs made in the Russian Federation, and introduction of amendments to some acts of the Government of the Russian Federation", but no more than for 10 working days.".

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