The order of import and export of used tires and tires to the Russian Federation and their transit. What do you need to know?

Used tires and tires, especially when it comes to pneumatic tires, are classified as hazardous waste. This category of goods, with the exception of tires intended for civil aviation, falls under a special import and export regime within the framework of the Eurasian Economic Union (EAEU). These norms are regulated by the decisions of the Eurasian Economic Commission, in particular, the decision of the Board dated April 21, 2015 No. 30, as well as the relevant provisions on the movement of hazardous waste.

Import and export of used tires: What does the law require?

Pneumatic tires and tires that have already been used require special procedures when moving across the customs borders of the EAEU countries. They are included in section 2.3 of the List of Hazardous Wastes, which means that licenses or certificates must be obtained for import or export. This requirement is aimed at controlling the management of waste that may pose an environmental hazard.

In Russia, the Ministry of Industry and Trade of the Russian Federation is responsible for issuing such licenses. All applications for licenses are reviewed by this body, and the process itself is strictly regulated by law. At the same time, the approval of the issuance of licenses and expertise on the admissibility of the import or export of these goods is carried out by the Federal Service for Supervision of Environmental Management (Rosprirodnadzor).

It is important to remember that individuals are prohibited from importing or exporting hazardous waste, including used tires, as goods for personal use. This restriction is aimed at minimizing the risks of uncontrolled turnover of dangerous goods.

Rules for the transit of used tires through the territory of Russia

Difficulties may also arise in the case of transit transportation of used tires through Russia. According to the Decree of the Government of the Russian Federation dated July 17, 2003 No. 442, such goods belong to the category of waste, the transboundary movement of which is subject to strict control. The import and transit of waste through the territory of the Russian Federation is prohibited if they fall under specific HS codes, such as 4012 20 000 (used tires).

However, there is a possibility of legal transit of such goods if certain conditions are met. If the declarant is able to provide the customs authorities with an expert examination certificate that confirms that the imported tires comply with state standards and are suitable for further use for their intended purpose, transit may be allowed.

These regulations are designed to ensure environmental safety and control the use of potentially dangerous goods, such as used tires. Violation of these rules may result in serious sanctions, including import or export bans, administrative fines and confiscation of goods.

What does judicial practice (Arbitration Court) say?

The main question to allow or prohibit the import of used tires into the territory of Russia is whether these tires are waste and not subject to operation.

Thus, the Arbitration Court of the Kaliningrad Region on June 28, 2021 declared the decision of the Kaliningrad Regional Customs to ban the import of used tires into the territory of the EAEU (Kaliningrad Region) illegal (Case No. A21-11872/2020).

How to avoid problems with import and export?

The procedures related to the import, export and transit of used tires and tyres can be quite complex and require a professional approach. Errors in paperwork, non-compliance with regulations or violation of licensing conditions can lead to delays, fines and even a ban on the movement of goods.

If you are faced with issues related to foreign economic activity (FEA) or international transportation, the YANG CONSULT business law company is ready to offer you qualified legal assistance. We will provide full support for the process of obtaining licenses, consultations on issues of EAEU legislation and customs procedures.

Contact our experts and we will solve the problems related to the import, export or transit of your goods!

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