Transfer of pyrotechnic products by individuals through the customs border of the EEU
Pyrotechnic products are included in the List of dual-use goods and technologies that can be used to create armaments and military equipment approved by the Decree of the State Military-Industrial Committee of the Republic of Belarus and the State Customs Committee of the Republic of Belarus of December 28, 2007 № 15/137 «On the establishment list of specific goods (work, services) » (hereinafter – List 1).
In accordance with Annex 1 to the Agreement on the procedure for the movement by individuals of goods for personal use across the customs border of the Customs Union and the commission of customs operations related to their on June 18, 2010, goods that are the subjects to export control in accordance with the laws of the Member States of the EEU, don’t belong to the goods for personal use.
At the same time, in point 10.5 of List 1 it is determined that it does not apply to pyrotechnic products of I–III hazard classes in accordance with the Technical Regulations of the Customs Union «On the safety of pyrotechnic products» (TR TS 006/2011) approved by the Decree of the Customs Union Commission of August 16, 2011 №770.
Fireworks, signal rockets, rain rockets, anti-fog signals and other pyrotechnic products (code CCN FEA EEU 3604) are included in the List of explosives, explosive devices and industrial explosives, limited to movement across the State border of the Republic of Belarus during importation and / or exportation on the grounds of non-economic nature, the import and (or) export of which is allowed with the permission of the Department for Supervision of Safe Work in Industry of the Ministry of Emergency Situations approved be the Decree of the Council of Ministers of the Republic of Belarus of September 23, 2008 № 1397 «On some issues of the order of movement of certain types of goods across the State border of the Republic of Belarus» (hereinafter – Decree № 1397, List 2). In addition, List 2 doesn’t contain any exceptions to the definition, in particular, of the uncontrolled hazard classes of such products.
We pay attention that the Regulation on the procedure and conditions for the issuance by the Department for Supervision of Safe Work in Industry and the Department of Nuclear and Radiation Safety of the Ministry of Emergency Situation of permits for the import and (or) export of explosives, explosive devices and industrial explosives, source of ionizing radiation, limited to movement across the State border of the Republic of Belarus on grounds of non-economic nature, as well as conclusions (permits) for the import, export and transit of certain goods specified in sections 2.13 of the Unified list of goods to which are the subjects to prohibitions or restrictions on import or export by member states of the Customs Union within the framework of the Eurasian Economic Community in trade with third countries, approved by Decree № 1397, extends to legal entities and individual entrepreneurs, foreign and international organizations, including those that are not legal entities.
Accordingly, only legal entities and individual entrepreneurs, foreign and international organizations, including those that are not legal entities, can import/export pyrotechnic products included in List 2 on the basis of a permit of the Department for Supervision of Safe Work in Industry of the Ministry of Emergency Situations of the Republic of Belarus.
Movement by individuals who don’t belong to the persons mentioned above, across the customs border of the EEU in the Republic of Belarus, cannot be carried out any pyrotechnic products because it is impossible to obtain the relevant conclusion (permit) by such individuals.
In accordance with subparagraph 2 of paragraph 1 of Article 260 of the Customs Code of the Eurasian Economic Union (hereinafter – the CC EEU), goods for personal use that are moved the customs border of the EEU in any way for which prohibitions and restrictions are to be observed in accordance with Article 7 of the CC EEU and it is required to present documents and (or) information confirming compliance with such prohibitions and restrictions, are the subjects to customs declaration.
Considering the foregoing, if an individual declare the moving pyrotechnic products, customs will refuse to issue such goods.