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The results of the EEC Board: decisions on protection of consumer rights, support for manufacturers of the Union countries, and the creation of the unified identification system for foreign trade operators were adopted

The results of the EEC Board: decisions on protection of consumer rights, support for manufacturers of the Union countries, and the creation of the unified identification system for foreign trade operators were adopted

11/21/2017

Recommendations on protection of consumers rights for online trade were adopted by the EEC Board on November 21. Moreover, transitional provisions were established that define the entry into force of the amendments to the technical regulations “On the safety of products intended for children and adolescents”.

The EEC Board approved temporary zeroing of import customs duties on magnetrons and instructed submitting the Agreement “On the unified identification system for foreign trade operators within the Eurasian Economic Union (EAEU)”' to the  Union countries  for domestic approval.

The EEC Board decided to allocate magnetrons with an operating frequency of at least 2.44 GHz but not more than 2.47 GHz and output power of at least 600 W but no more than 1 kW in a separate sub-heading of the CN FEA EAEU (Code 8540 71 000 1 of the CN FEA EAEU) and reduce the rate of import customs duties of the Common Customs Tariff of the EAEU (CCT EAEU) from 8 to 0% for the period until December 31, 2019, inclusive.

The magnetrons (generators of electromagnetic waves of the centimeter range), allocated in a separate sub-heading, are used as a component for the production of microwave ovens. In 2016, the EAEU imported 1.1 million units for the total amount of 7.5 million US dollars. The EEC's decision will ensure increase in the production of microwave ovens and other appliances in the Union countries.

The EEC Board approved general approaches in the field of consumer rights protection for online trade. The document, developed in the form of recommendations, will allow consumers to receive all the necessary and reliable information about the goods. This will help them make the right choices when shopping via the Internet and correctly assess their costs. As noted by the EEC Board member - Minister in charge of Technical Regulation of the EEC Valery Koreshkov, the list of requirements for online traders of the Union countries is in fact formed.

Online traders should place on their web-sites as much information about the offered goods or services as possible, including information about key consumer characteristics and technical specifications, price and purchase terms, warranty information, life or expiry date.

The procedure for obtaining information on the terms, timing and procedure of a possible termination of a deal is determined. In particular, consumers must be informed in advance of “the right of the consumer to terminate the contract and claim damages if within the prescribed time limit the shortcomings in the work performed (the service provided) are not eliminated by the contractor, or if deviation in the work (service) from the conditions of this contract or other disadvantages in the work (service) are significant and permanent.”

In the national laws of the EAEU countries, it is assumed to provide for the provisions that equally ensure the consumer rights of the citizens of the Union countries in the territory of each Member State. The opportunity of distance settlement of disputes and establishment of the requirement for the conditions and the order of executing contracts with consumers, the font size of the text and the information in contracts will be also provided for. In addition, the EAEU countries will establish the liability of the seller that does not provide the buyer with full and accurate information about goods (work, service).

The EEC Board has established transitional provisions to amendments to the technical regulations “On the safety of products intended for children and adolescents”, which will enter into force on September 25, 2018.

It is assumed that documents on conformity assessment of products for children and adolescents issued prior to the date of the entry into force of such amendments will remain valid until the date of expiry thereof. It will be allowed to produce and release such products on the Union market. Entrepreneurs will be allowed to trade them within a specific time-limit.

Also, the decision of the EEC Board defined a transitional provision of 12 months, during which the production and release of conventional and electric tooth brushes, gum massagers and other similar products for children over 3 years old and adolescents is allowed without documents on conformity assessment, for which conformity assessment form is not established by the technical regulations of the Union and is defined as part of the amendments.

It should be reminded that the EEC Council adopted amendments to the technical regulations “On the safety of products intended for children and adolescents” in April this year. The introduced amendments, in particular, clarify the term “standard sample” that can be used for several age groups. Earlier standard samples had to be developed for each age group, even if the clothes or shoes were made of the same materials, on the basis of the same technical documents, and by the same manufacturer. This will significantly reduce the cost of the procedures for conformity assessment of the products.

Moreover, the second and third layers of the clothes for children and adolescents were clarified (the first layer refers to underwear, the second one to clothing with limited contact with the user's skin, such as dresses, skirts, trousers, etc., the third one - to outerwear and suites with lining). Whereby the requirements for second layer clothing are stricter than for the third layer clothing. After the entry into force of the amendments, children's suites and uniforms will be classified as the third layer clothing, only if the lining takes at least 40% of the area of a garment.

Moreover, the amendments allow using modern artificial materials in the production of individual elements of children's shoes.

These and a number of other innovations will improve the efficiency of production in compliance with the safety requirements for children's products.

The Memorandum on cooperation in the field of consumer rights protection between the EEC and the Advisory Council on the protection of consumer rights of the CIS Member States was approved. On behalf of the Commission, it will be signed by the EEC Board Member - Minister in charge of technical regulation Valery Koreshkov.

The document will allow conducting the agreed policy for the protection of consumer rights in the EAEU and CIS countries from unfair entrepreneurs in a more efficient way. Moreover, the parties agreed to provide information, scientific and methodological and practical assistance in this field to authorized authorities in charge for the protection of consumer rights in the EAEU and the CIS.

The Memorandum reflected its main objective - to create a civilized consumer market in the EAEU and the CIS on the stable and long-term basis, in accordance with UN General Assembly resolution of December 22, 2015.
According to the disposition of the EEC Board, the Agreement “On the unified identification system for foreign trade operators within the Eurasian Economic Union” was submitted to the Union countries for domestic approval.

The document defines the procedure for the functioning of the unified identification system for foreign trade operators (UISFTO) within the Union, as well as a set of data that will be stored in the system about foreign trade operators.

Each foreign trade operator who works in the territory of one of EAEU Member State is assigned a unique identification number. Information about it is stored in the national taxpayer registration system.

Based on this information from national registries, the EEC will create a single Eurasian register of unique identification numbers. This will simplify cooperation between customs services and ensure creation of an online history of activities of foreign trade operators.

The list of information, contained in the Single Registry of unique identification numbers, will include the full name of a legal entity (organization) or name, surname, and patronymic of an individual that are foreign trade operators, legal address, information on business activities of a foreign trade operator (operating, non-operating, liquidated, etc.), date of registration with the tax authority, the full name of the authorized authority of the EAEU Member State that assigned the identification number, etc.

Collection, storage and processing of all the data in the UISFTO will be carried out electronically. This will significantly simplify cooperation between customs services of the EAEU countries.

Today, different systems of registration and identification of individuals and legal persons are used in the EAEU Member States. In Armenia, it is TRN (taxpayer reference number), in Belarus - PIN (payer identification number), in Kazakhstan - IN/BIN (identification number/business identification number), in Kyrgyzstan - ITN (identification tax number) and RCEO (republic code of enterprises and organizations), in Russia - TIN (taxpayer identification number).

Also, different rules for assigning identification numbers are used in the EAEU countries, the number have different length (i.e. the quantity of digits in the number). In different Union countries, the same foreign trade operator can be registered under different identification numbers.

The UISFTO will allow improving the level of customs control with simultaneous substantial simplification of trade procedures related to movement of goods across the customs border.

The EEC Board adopted the Regulation on monitoring and comparative and legal analysis of the legislation of the Union States in the field of state support for agriculture.

The Commission will collect information about all of the normative and legal acts of the EAEU countries, under which farmers receive state support. The EEC will analyze those acts for compliance with the obligations undertaken by the members of the Union, and give its reasoned assessment of the normative and legal regulations taking into account the results of assessment of state support measures and practice of the assessment of such measures by third countries in the framework of the WTO.

Moreover, the Commission will assist in holding joint consultations of the Union States on agricultural support, including for the development of WTO law in this area.

The results of the monitoring and comparative and legal analysis will be used for the preparation of reviews of the agroindustrial policy in the sphere of state support for agriculture.