The agreement on features of customs transit of the goods moved with railway transport on customs area of custom union

of May 21, 2010

The governments of state members of custom union within Eurasian economic community which are hereinafter referred to as with the Parties

based on provisions of the Agreement on the Customs Code of the Customs Union of November 27, 2009,

for the purpose of ensuring application of customs procedure of customs transit concerning the goods moved with railway transport on customs area of custom union

agreed as follows:

Article 1

This agreement determines features of customs transit of the goods moved with railway transport on customs area of custom union and does not extend to the legal relationship connected with movement of goods and vehicles by physical persons for private use.

Article 2

In this agreement the following terms are used:

1) SMGS - The agreement on the international railway freight traffic of November 1, 1951;

2) the railroad - the organization transporting goods by rail;

3) the railroad of custom union - the organization of state members of custom union transporting goods by rail according to SMGS within the territory of one of state members of custom union;

4) the rail waybill - the rail waybill SMGS or the rail waybill TsIM/SMGS provided by SMGS.

Other terms which are not named in this Article are used in the values established by the customs legislation of custom union.

Article 3

When transporting goods by rail as the transit declaration can be used the rail waybill (additional copies of the road sheet - for customs authorities of departure and appointment), the business or customs papers containing the data established by the customs legislation of custom union.

In case of use of the rail waybill and business documents as the transit declaration the basis of the transit declaration is constituted by the rail waybill, and other business documents are its integral part.

One transit declaration is drawn up on batch, transported from one sender to one receiver on one station of destination according to one rail waybill.

Submission of the transit declaration shall be followed by representation of departure of its electronic copy to customs authority.

If the railroad of custom union acts as the customs applicant and as the transit declaration the customs paper is submitted, the railroad of custom union puts down in the transit declaration according to the procedure, established by the Commission of custom union, the print of calendar stamp certified by the signature of the ranking officer of the station.

If the railroad of custom union acts as the customs applicant and as the transit declaration the rail waybill and business documents is submitted, the railroad of custom union puts down print of calendar stamp in additional copies of the road sheet. The additional copy of the road sheet with the put-down calendar stamp is the document confirming powers of the railroad of custom union to act as the customs applicant of customs procedure of customs transit.

In case of application of customs procedure of customs transit when moving by railway transport of foreign goods from customs authority in the place of arrival on customs area of custom union to customs authority in the place of departure from this territory specifying in the transit declaration of data on the cost of goods is not required.

If determination of the amounts of the customs duties which are subject to payment, taxes concerning the goods which are not delivered in customs authority of appointment is impossible owing to absence in customs authorities of exact data on their cost, the amounts of customs duties, taxes quantities and (or) costs of goods which can be determined based on the available data are determined proceeding from the largest size of rates of customs duties, taxes, and also.

In case of establishment afterwards of exact data on the cost of goods return of excessively paid or excessively collected amounts of customs duties, taxes or collection of outstanding amounts according to the Customs Code of the Customs Union is made.

Article 4

Customs authorities of departure have the right to require submission of the business and other documents allowing to identify the transported goods for the purposes of customs control which are provided by the customs legislation of custom union.

In case of non-presentation of necessary documents customs authorities of departure have the right to detain the vehicles of international delivery transporting goods at border railway stations, including for the purpose of their return out of limits of customs area of custom union.

Article 5

The term of customs transit is established by customs authority of departure according to the customs legislation of custom union taking into account provisions SMGS.

In case of establishment of term of customs transit possible delays of the vehicle along the line in connection with disbandment of structures on marshaling yards, technical repair of vehicles and operations performed by monitoring bodies are considered.

Article 6

1. Unloading, overload (transfer) and other cargo operations with the goods transported by railway transport and not connected with removal of the set customs seals and seals on vehicles of international delivery or if customs seals and seals are not set to vehicles of international delivery, is allowed after the prior notice of customs authority in which region of activities reloading of goods is performed. The notification consists in giving by the railroad of custom union to this customs authority on operational communication channels of the written application in any form containing data about:

- number of the transit declaration;

- customs authority of departure and customs authority of appointment;

- the railway station where cargo operation will be performed;

- number of container (in case of transportation of goods in containers).

The application shall be signed by the authorized officer of the railroad of custom union.

2. No later than one days after implementation of cargo operation the railroad of custom union sends on operational communication channels to customs authority in which region of activities cargo operation, the copy of the act of general form, stipulated by the legislation custom union of state members was performed.

The first copy of the act of general form is put to the rail waybill and it is represented the railroad of custom union to customs authority of appointment.

Representation to customs authority in which region of activities cargo operation was performed of the transit declaration, transport (transportation) documents is not required.

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