"According to Larisa Korshunova, UTLC ERA's Director for Relations with Government Authorities and International Organizations, speaking to 1520 International, the new container chapter will eliminate two critical restrictions. Foreign containers entering the Union as part of transport operations will no longer require declaration, and the mandatory 90-day stay limit for such containers will be abolished entirely."
She said removing these requirements would allow such containers to move freely across the Union for the necessary duration of any transport operation, while also permitting their use for domestic shipments within EAEU territory. This will help enhance competitiveness and reduce costs for container operators.
"Transport companies will no longer face administrative costs tied to managing container time limits," Korshunova adds. "Currently, loaded export containers are often removed from trains simply because their temporary admission period expires. These are exactly the advantages we anticipate from the pending EAEU Customs Code amendments."
Background
The Eurasian Economic Union Customs Code, which took effect January 1, 2018, imposed new requirements on foreign container movements across Union borders. Containers used in international transport had to undergo mandatory customs declaration and inspection at every EAEU border crossing. Their temporary admission was also capped at 90 days, after which they either had to be exported from EAEU territory or have their permits renewed.
These requirements contravened international obligations, particularly the 1990 Istanbul Convention on Temporary Importation. That agreement establishes a minimum six-month period for temporary admission of reusable containers and waives declaration requirements entirely.
The situation was further complicated because not all EAEU member states are parties to the Istanbul Convention. This resulted in two conflicting regulatory frameworks for foreign containers' temporary presence on the Union territory. The inconsistency significantly hampered operations amid surging transit volumes and the global container shortage that lasted through 2020-2021 and into early 2022.
Joint efforts
"The new EAEU Customs Code rules directly affected UTLC ERA's interests and undermined the efficiency and cost-effectiveness of logistics chains. We regularly encountered situations where railcars carrying containers with expired temporary admission permits had to be uncoupled from trains.
This forced the company to actively address the problem by advocating against the economic inefficiency of such restrictions," the company states.
This position gained support from other market players, including Russian Railways JSC and the FESCO Group. A broad coalition emerged, bringing together transport companies, logistics operators and business associations to demand regulatory reforms.
Work on the amendments began as early as February 2018. The Eurasian Economic Commission (EEC) set up a working group comprising representatives from EAEU customs authorities, relevant ministries and the business community.
Initially, the group explored solutions that wouldn't require legislative changes: through clarifications, applying international convention provisions, or leveraging each country's internal mechanisms. However, as early as 2019 it became apparent the problem couldn't be resolved without amending the Customs Code itself.
The first compromise solution that satisfied both governments and companies, despite some reservations, was developed in summer 2021. It eliminated the declaration requirement for foreign containers and lifted the 90-day restriction, provided their foreign status remained intact.
In 2022, EEC lawyers, working alongside experts from member states and business, drafted specific amendments to the EAEU Customs Code text. The work is now in its final stages, and the business community eagerly awaits adoption of this protocol through proper channels and implementation of the updated regulations.
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