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The responsibility for declaring TR TS (EAC)


The responsibility for declaring TR TS (EAC)

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More and more companies are starting to register their own declarations. From 2021, all legal entities will be engaged in this, and if you already look at the register of registered declarations, it becomes clear that everyone registers who is in what much, who is in the forest who is for firewood. Violations are quite a lot and now more than ever it is worth talking about responsibility. In this video, we will talk about 4 points:

1) what are the rules of the game;

2) and who will be fined;

3) Who will be fined;

4) for what offenses will be fined.

Of course, I will answer the question: "and now how to live with all this?»

Hello everyone, and we'll start with the rules of the game.

We will have only 3 types of legislation, make no mistake, these are three large blocks of legislation.

The first is the technical regulation of the Federal law.

The second is the law on consumer protection

The third is the customs code of the Eurasian economic Union.

These three types of legislation need to be studied along and across to clearly understand what responsibility and what you can be punished for.

So who will be fined? oddly enough, the number of players is exactly the same as the number of legislations, namely: three.

1) the Applicant is the one who registers the Declaration itself

2) Seller - the one who sells products with this Declaration

3) your importer is the one who passes customs clearance with your Declaration.

Often, all three players are one legal entity, which means that you can fly as much as three sides. And now let's see, so who can fine, but rather not fine, and initiate a case, the court will fine, there are also three of them:

1) of the Federal service for accreditation

2) Rospotrebnadzor

3) the Federal customs service.

And now let's look at what articles can not be violated. We will also have three blocks, oddly enough, the first block will be associated with the confirmation of compliance. Here are the articles of the administrative Code of the Russian Federation that relate to the confirmation of compliance:

The second unit is marked, here they are, articles are associated with the marking:

The third is customs, customs clearance, here are the articles that relate to customs clearance:

the fine for legal entities is from 100 thousand rubles to one million. For individuals, that is, for those who commit these actions from 10 thousand rubles to 50 thousand rubles, but if you are the same legal entity that is a declarant, importer, applicant and seller, then you will be subject to not one, not two, but maybe three, four articles, in other words, fines will grow in arithmetic progression. What does it mean? If Rospotrebnadzor has identified some violations and initiated a case against you, then most likely the customs will also automatically be drawn, and there are already other articles, other fines and other amounts.

I think I have already scared you enough, now I will answer the question: "And how to live with all this?". I will have four options for how to live my life:

1) As they say, not caught is not a thief. You don't have to do anything and the first option works automatically in your favor. Before you are fined, it is necessary to identify your violations and record them, after which a case will be initiated. Thousands of declarations are registered every day, this is a very large volume and you will not be randomly checked unless someone specifically digs under you, respectively, this reduces your risks of being fined, but the risk remains as before and at a very high level. Why? Yes, because no one has canceled bona fide competitors and consumers, who have recently become very capricious and complain about almost every reason in all possible instances.

2) Learn, learn, and learn again. If you want to do self-registration, then in addition to learning how to do it, you need to learn more and legislation, and even your products. why this legislation applies specifically to your products, if you do not know what you are doing, then it is better not to do it. You should consciously register your Declaration, understanding why certain standards are applied, for this you need to study a very large amount of regulatory documentation, if you are engaged in a narrow segment, that is, you do not have such a large product line, then in principle it is quite realistic to do this. In addition to the legislation that we discussed earlier, study the technical regulations and standards that fall under your products, and you will be happy.

3) Reduce your risks to zero. Use the services of the declarant. We offer our legal entity as an applicant, that is, all declarations will be issued to us, and you will receive a Declaration and a power of attorney for the right to use it. As a result, you lose the headache of training, you lose the headache of registration, you lose the headache of the risks associated with the execution of this document, all these risks fall on our shoulders.

4) Contact your partner who will register the Declaration for you, for your electronic signature, but do it carefully and wisely, for the simple reason that now the certification bodies are not responsible, and if they could send the right path, to say, "so do you", "you can't do that", now they simply just will register you as you want, and that is exactly the same as self-check declarations. Therefore, look for experts in foreign economic activity.

And on this I have everything, Yes will arrive with you correctly executed documents, Yes will avoid you fines in 2021.

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