The draft resolution has been published on a single portal for posting draft regulatory legal acts. The initiative affects the EAEU HS codes, according to which vehicles of ecological class 4 and above are classified with reduced import duty rates.
Until now, it has been possible to confirm the declared environmental class in only two ways, fixed in Note 7 to the Customs Code of the EAEU: an entry in the vehicle type approval (OTT) or in the certificate of conformity issued in accordance with the procedure established by the legislation of the EAEU member state. No other documents were accepted for classification purposes.
The sanctions pressure has made obtaining OTTS extremely difficult in practice: manufacturers from a number of countries refuse to provide the documentation necessary to complete the type approval procedure. As a result, importers risk losing the preferential duty rate even when importing vehicles that actually meet environmental class 4 or higher.
The draft resolution proposes a temporary solution: to allow participants in foreign economic activity to submit an opinion on the assessment of a single vehicle (ZOETS) as a document confirming the environmental class. ZOETS is not provided for in Note 7 to the Customs Code of the EAEU, therefore, a separate government decree is required for its legalization.
The rule is proposed to be introduced for a limited period — until December 31, 2026 inclusive. After this date, if the resolution is not extended or adjusted, the requirements will return to the current version of note 7.
For importers of commercial vehicles and passenger cars from countries where it is currently impossible to obtain an OTC, the adoption of the resolution means the opportunity to maintain access to a reduced duty rate without reclassifying cargo to a higher tariff code. Companies that have already faced customs refusals due to the lack of an OTT should keep track of the effective date of the decree: it is from this moment that the ZOETS will acquire legal force for customs purposes.
