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In September 2023, the media reported on the decision of the European Commission to ban the Russians to enter the territory of the European Union on vehicles registered in the Russian Federation, as well as import a wide list of personal belongings. We checked whether this is so.
On September 10, an article with the heading “EU prohibited Russians to import personal cars, smartphones and shampoos” appeared On the website of RBC. The note states that the European Commission confirmed the legality of the seizure from Russians on the land border, regardless of whether the vehicle is imported for personal purposes or for commercial ones. The author also notes that because of this decision, European customs officers will be able to confiscate phones, laptops and cosmetics. Information was widely dispersed in the Russian media, they wrote about the ban "Vedomosti","Arguments and facts" Forbes and other publications. Press Secretary of the President of the Russian Federation Dmitry Peskov He called it Brussels decision “Extraordinary from the point of view of common sense”, and the official representative of the Ministry of Foreign Affairs Maria Zakharova I considered it Explanations of the European Commission by the manifestation of racism. Following the media and the official reaction about the ban, a lot of Telegram channels wrote: ""The ax live"(2.2 million views at the time of writing this analysis),"Ax 18+"(1.5 million)," "Live broadcast"(685 000),"Stalingulag"(161 000), three times posts Similar content The TV presenter shared in his channel Vladimir Solovyov. According to the TG Stat service, more than 20 million views scored posts in total about the restrictions.
The ban on imports into the European Union of Russian cars and a number of other goods is not news. They fall under Regulations EU 833/2014, operating on July 31, 2014, when Brussels imposed sanctions against the Russian Federation due to the annexation of Crimea, and the last time updated on June 23, 2023. The full list is contained in Appendix XXI To article 3I of the regulations.
The first cases of the arrest of vehicles of Russians who came to the EU not with the aim of selling a car, but for other reasons, became known in July 2023. All similar episodes occurred in Germany. Lawyers Explained The fact that the German -language version of the regulations 833/2014 uses the word einfuhr (it can mean “import” and “import”), while in the English -language version the unambiguous word Import appears. And although known happeningwhen the car was returned to the owner, the position of the German customs Simultaneous: “The import of passenger cars from Russia to the EU is prohibited in accordance with Art. 3I of the regulations 833/2014, which defines the embargo in relation to Russia. In this context, the expression "import" actually covers any movement of goods or cargo. "
On September 8, General Director of the European Commission for Financial Stability, Financial Services and the Union of Capital Markets on its website Published The updated version of the document, which contains answers to the frequently asked questions about the rules for applying sanctions and the import of goods from the sanctions list. The answer to question No. 13 is almost completely devoted to the import of cars - in the corresponding section it is said that “it does not matter whether the use of vehicles is private or commercial”, if vehicles fall under the product code from Appendix XXI to Article 3I of the Regulations, produced in Russia or imported from it. It is noted that first of all, this applies to vehicles with Russian license plates and registered in Russia. However, in this answer, as a whole, the list of goods prohibited to import by Appendix XXI is also mentioned, which, apparently, was the reason for the appearance of high -profile headings in the media.
Commenting on the news, Latvian lawyer Alexei Eliseev in ether The Rain TV channel noted that no new rules were introduced, no new restrictions appeared, and the list of sanctions goods in Appendix XXI was not replenished. Both Eliseev and his colleagues from different countries They emphasize: the published clarification of the Directorate of the European Commission for Financial Stability is not a regulatory legal act. It cannot be considered as an obligatory rule for the customs services of the EU countries, but it can be accepted as a recommendation, and the formulations proposed in the document regarding cars coincide with the interpretation of the rules of the Federal Republic of Germany by the Customs Service.
It remains in the question of how exactly the practice will take shape at the level of EU members. Estonia is in no hurry with a change in his own policy, reported In an interview with ERR, the head of the tax-soiled department for customs control of Ants Kutti. He emphasized that the issue should be discussed with Lithuania, Latvia and Finland to develop a single approach. “The principle is important-if we change something, then we act the same at all external land boundaries,” Kutti said. Latvian state revenue service reported The publication "Wave" that there are no changes at the moment. Finnish customs officers They saidthat before the decision is made regarding the execution of the recommendation of the European Commission, the current interpretation of the rules will follow, however, they will hold additional consultations.
As for the recent explanations regarding other imported things (for example, smartphones and shampoos), in an explicit form, nothing is said about them in the European Commission, nor in the recent answers of the Estonian, Latvian and Finnish customs. At the same time, formally from January 9, it is forbidden to import tobacco products, cosmetics, detergents, smartphones and other electronics more than € 750, alcohol, wallets and many other everyday goods from the Russian Federation. On the Russian -language version of the Estonian Customs website Used both the word "import" and the word "import", on English -speaking - Both Import and the less specific verb to braing (“bring”). Nevertheless, “verified” did not discover any evidence of the arrest of personal property of the crossing borders of the EU Russians, with the exception of cars in Germany.
The Russians, in the summer of 2023, crossing the border with Estonia on foot, told “verified” that they did not encounter particular attention to their things, including smartphones, smart watches and clothing items listed in the list of goods prohibited for importing goods and clearly prominent border guards. To some travelers passing the border in a personal car, customs officers showed more interest, but no property of them also confiscated their property. “The car is inspected: they ask to open bags and suitcases, but when they see personal things, they lose interest. They wanted a check on a packaged phone (I didn’t have it, they missed). They said about the glass cover from the pan: so that this is the last time, because no glass is impossible. But so far it was possible to deliver everything, ”our interlocutor recalls.
At the same time, in article 3I it is stipulated that it concerns “goods that bring Russia significant income, thereby making its possible actions, destabilizing the situation in Ukraine ... if they come from Russia or are exported from Russia.” Consideration in this quality of personal belongings does not look like the basic principles of sanctions legislation - this was confirmed by September 11 in the comments "New newspaper. Europe" And Deutsche Welle The official representative of the European Commission Daniel Farry. He said that, unlike cars, other sanctions goods on the border will not be equally strictly: “Clothing, worn on a person crossing the border, can hardly be aimed at bypassing EU sanctions. This is a completely different situation than with an expensive car, and I think that this is taken into account when applying sanctions by countries - members of the European Union. ”
Thus, a new clarification of the rules for the import of sanctions goods can theoretically affect the customs rules of a number of EU countries regarding the import of cars with Russian registration, but the document that has drawn the attention of RBC and after it other media is not a legal act mandatory. The customs services of Finland and the Baltic countries have not yet introduced any changes. The fears associated with the possible seizure of personal things are poorly justified: to formally carry smartphones, suitcases, cosmetics and many other things that are familiar to travelers from Russia for more than eight months, but in reality, they are not of interest on the borders if these items are in the personal use of a person and are not intended for sale. Although the recently announced position of the official representative of the European Commission implies that the transportation of personal belongings should not be considered as an attempt to bypass sanctions, the final decision will probably make the responsible bodies of the EU countries - so far they have not shown enthusiasm for tightening the rules.
Update of September 20, 2023
On September 12, after the publication of the analysis, the European Commission announced the edited version of the recommendations that caused the resonance in the media. In the updated text It is saidthat the responsible national bodies of the EU countries are recommended to focus on the import into the territory of the block of vehicles produced or acquired in the Russian Federation, regardless of whether it is used for personal or commercial purposes.
“As for objects that cause minor concerns from the point of view of bypassing sanctions, such as hygiene or clothing, worn on a traveler or located in his baggage and clearly intended exclusively for personal use during a trip, national responsible bodies should use the forbidden measures in a proportional and intelligent way,” the edited version of the document says.
The authorities of a number of EU countries have taken measures to implement the recommendations of the European Commission. September 11 Lithuania Stopped to put on their territory the cars registered in the Russian Federation, for exception following transit to the Kaliningrad region or back. The next day is a similar solution Accepted Latvian authorities, Markingthat the restrictions do not concern cars already located in the country, as well as personal belongings of entering foreigners, except when customs officers establish that these subjects are planned to be sold in the EU. Estonia Accepted similar measures on September 13, Making it Compliance with the “principle of rationality” when assessing the import of personal belongings from the sanctions list. At the same time, the head of the country's Ministry of Internal Affairs made a proposal for the confiscation of cars already located in the country with Russian numbers (such a measure has not yet been approved). Finland Forbidden Car entry with Russian numbers on September 15, but some Cars are still missing. From September 17 Forbidden The entry of cars registered in the Russian Federation to the territory of Poland. September 20 on plans to take similar measures announced In Norway (the country is not included in the EU, but enters the Schengen zone).
Most categorical Customs of Germany. “The goods for import or the movement of which are subject to the ban in accordance with the legislation on the embargo, may be confiscated,” the agency said the department. The response emphasizes that we are talking about any items from the sanctions list that are imported from the Russian Federation or which are of Russian origin. “Checks at customs points aimed at compliance with the embargo are carried out with a risk-oriented approach,” said the representative of the Customs of Germany in Comments RBC. The publication concludes that confiscation is possible in selective cases.
In the French embassy in the Russian Federation, Izvestia newspaper Reportedthat the country's authorities do not plan to take a ban on entry into the territory of the republic of cars with Russian numbers.
Since the car has made a more clear decision that some European countries mentioned in the text have been supported, the verdict has been changed to “half -truth”. The original version of the analysis before making changes is available by link.
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