The DECISION of the COMMISSION of the CUSTOMS UNION 2011.12.09. # 899

"INTRODUCTION OF A COMPULSORY PRELIMINARY INFORMATION ON GOODS IMPORTED TO THE CUSTOMS TERRITORY OF THE CUSTOMS UNION BY ROAD"

In accordance with article 3 of the agreement on the view and on the exchange of preliminary information about the goods and means of transport conveyed across the customs border of the Customs Union from May 21, 2010 year, to streamline and expedite Customs operations, increase the efficiency of customs control

Customs Union Commission DECIDED to:

1. Introduce compulsory preliminary information concerning the goods imported to the customs territory of the Customs Union road.
2. Authorised economic operators, carriers, including customs carriers, customs representatives or other interested parties (hereinafter interested person) shall provide information with respect to the imported goods by road at least two hours prior to their importation into the customs territory of the Customs Union.

   In the case where the imported goods are supposed to be placed under a customs procedure of Customs transit in place of arrival, the person concerned represents a preliminary information in the information system of the Customs authorities of a Member State of the Customs Union, in whose territory is situated the place of arrival of goods and means of transport, volume of information assigned to the transit declaration, and contain information about:

   • the sender, the recipient of the goods in accordance with transport (vehicular) documents;
   • the country of origin, the country of destination of the goods;
   • declaring company;
   • carrier;
   • a vehicle for international carriage, which carried the goods;
   • the name, number, value of the goods in accordance with commercial, transport (vehicular) documents;
   • the code of the goods under the harmonized commodity description and coding system or commodity nomenclature of foreign economic activity of the Customs Union at a level not less than the first six characters;
   • weight of goods gross or volume, as well as the quantity of items in the additional units of measurement (if there is such information) for each commodity nomenclature of foreign-trade activity code of the Customs Union or the harmonized commodity description and coding system;
   • the number of packages;
   • destination of the goods in accordance with transport (vehicular) documents;
   • documents confirming compliance with the limits associated with the movement of goods across the customs border of the Customs Union, if such transfer is permitted;
   • planned overloading of goods or cargo operations;
   • the time and place of arrival of goods into the customs territory of the Customs Union.

     In the case where the imported goods are not assumed to be placed under a customs procedure of Customs transit in place of arrival, the person concerned submits the following preliminary information in the information system of the Customs authorities of a Member State of the Customs Union, in whose territory is situated the place of arrival of goods and means of transport:

   • on State registration of a vehicle of international transport;
   • the name and address of the carrier;
   • the name of the countries of departure and of destination of the goods;
   • on the name and the address of the sender and the recipient of goods;
   • about the seller and recipient of goods in accordance with the carrier's commercial documents;
   • on the number of packages, their marking and the types of packaging of goods;
   • about the name, as well as the codes of goods under the harmonized commodity description and coding system or a single commodity nomenclature of foreign economic activity of the Customs Union of at least the first four digits;
   • the gross weight of the goods (in kilograms) or volume of goods (in cubic metres), except for oversized cargo;
   • on the availability of goods, importation of which into the customs territory of the Customs Union is prohibited or restricted;
   • place and date of compilation of the international motor waybill;
   • about the time and place of arrival of goods into the customs territory of the Customs Union.
3. The Customs authorities of the Member States of the Customs Union, in whose territory is situated the place of arrival of goods and means of transport, within 2 hours from the moment of receipt of preliminary information required to conduct its analysis using a risk management system.
4. In the place of arrival of the goods, the Customs authorities of the Member States of the Customs Union map preliminary information with information contained in transport (transportation), commercial and (or) other documents.
   In the event of any inconsistency between the information contained in the databases of the preliminary information of the Customs authorities of the Member States of the Customs Union, the information contained in the documents presented by the carrier, discrepancies are taken into account when deciding on the application of customs control, in respect of the goods using the risk management system.
   Further customs operations in respect of the goods shall take place in accordance with the customs legislation of the Customs Union.
5. In case of advance information for premises of imported goods under the customs procedure of Customs transit in place of arrival provided preliminary information is used as an electronic copy of the transit declaration in the absence of prior information and discrepancies contained in the documents used as a transit declaration.
   Decision on release of the goods in accordance with Customs transit customs procedure is carried out not later than two hours from the moment of registration of the transit declaration, provided that there is no risk of non-compliance with the provisions of the Customs Union.
6. In the absence of the person concerned preliminary information in the place of entry into the customs territory of the Customs Union, it must provide an information system of the Customs authorities of a Member State of the Customs Union, in whose territory is situated the place of arrival of goods and means of transport, information, depending on the anticipated further customs operations, to the extent prescribed by paragraph 2 of the present decision within the next two hours.
   Based on the results of the analysis presented by the person concerned information of the customs body of a Member State of the Customs Union shall decide on the implementation of customs controls for goods and vehicles using the risk management system in accordance with the customs legislation of the Customs Union.
7. If the preliminary information cannot be obtained, for technical reasons, the customs authority of a Member State of the Customs Union, customs operations in respect of the goods shall take place in accordance with the customs legislation of the Customs Union.
8. Heads of customs services of the Member States of the Customs Union within a period not exceeding 60 days from the date of publication of the present decision, to approve:
   • technical requirements for data exchange between automated systems of customs bodies and stakeholder information systems, providing preliminary information on goods and vehicles;
   • technical conditions of preliminary information exchange on goods and means of transport conveyed across the customs border of the Customs Union.
9. Transactions on receiving and using preliminary information shall be stored in information systems of customs authorities of the Member States of the Customs Union, in accordance with the specifications developed in accordance with paragraph 8 of the present decision.
10. The ministries of Foreign Affairs of the States members of the Customs Union within a period not exceeding 30 days from the date of publication of this decision to notify neighbouring States about the date and conditions of entry into force of this decision.
11. This decision shall enter into force on the expiration of one hundred and eighty days from the date of its official publication, with the exception of items 8 and 10, which shall enter into force from the day of official publication of the present decision.

Members of the Commission of the Customs Union: