Our company has extensive experience in the destruction of goods placed under the customs regime, as well as the destruction of illiquid goods, goods withdrawn from circulation, and confiscated counterfeit goods
Destruction of goods is a customs procedure and regulated by customs legislation. According to Art. 307 of the Customs Code of the Customs Union, In this procedure, foreign goods are destroyed under customs control without payment of import customs duties and taxes and without applying non-tariff measures regulation. The customs procedure for destruction can also be applied to goods that have been destroyed or irretrievably lost. It is described in ch. 42 ТК ТС and is regulated Federal Law No. 311-FZ "On customs regulation in the Russian Federation."
Placement of goods under the customs procedure for destruction is allowed on the basis of the conclusion, where the method and place of destruction is described. The procedure for issuing and formulating an opinion on the possibility of destroying the goods is regulated Order of the Ministry of Natural Resources of Russia No. 732 "On Approval of the Procedure for Issuing and Form of Conclusion on the Possibility of Destruction, Method and Place destruction of goods for placing such goods under the customs procedure for destruction ".
We manufacture the destruction of medical products only if they are not in contact with the biological material of man. According to Federal Law No. 323-FZ "On the fundamentals of protecting the health of citizens in the Russian Federation" falsified and poor-quality medical products are subject to seizure and subsequent destruction, but may also be exported from the territory of the Russian Federation, and counterfeit medical products will in any case be confiscated and subsequently destroyed.
The order of destruction is established by the Government of the Russian Federation. The rules of destruction are defined Resolution of the Government of the Russian Federation No. 1360 "On Certain Issues of Counteracting the Turnover of Falsified, poor-quality and counterfeit medical products ". Destruction of seized medical products is carried out in compliance with the requirements of legislation in the field of environmental protection, legislation in the field of health protection, as well as legislation in the field of ensuring the sanitary and epidemiological welfare of the population.
If it is a question of falsified, poor-quality and counterfeit medicines, we accept for further destruction (neutralization and / or placement) medical wastes of such a plan, with the exception of narcotic drugs and their precursors, psychotropic and radiopharmaceuticals. The handling of such medicines is regulated Federal Law No. 61-FZ "On the Treatment of Medicines". For falsified, poor-quality and counterfeit medicines, there are own regulations. The rules for their destruction are regulated Resolution of the Government of the Russian Federation No. 674 "On Approval of the Rules for the Destruction of Inadequate Medicines, falsified medicines and counterfeit medicines".
Destruction of non-food products can be either voluntary desire of the customer, or forced. Voluntary consent to destruction can come from various reasons:
In this case, we, as a processing company, act out of considerations of environmental safety and choose the best method of destruction. Forced consent to destruction means that the destruction of a non-food product is a requirement to withdraw and destroy the goods on the basis of a court order (when applying to the court of the right holder). Such a requirement can be announced to the owner confiscated counterfeit goods. This process is regulated Part 4 of the Civil Code of the Russian Federation.
The demand for destruction can be voiced in relation to counterfeit material carriers containing the results of intellectual activity (Article 1250 of Part 4 of the Civil Code of the Russian Federation), in the event that they violate the exclusive or intellectual right of the creator (item 1252 ч.4 Civil Code of the Russian Federation), as well as in respect of counterfeit goods, in the manufacture of which the trademark or the name of the place of origin of goods was illegally used (Article 1515 and Article 1537 part 4 of the Civil Code of the Russian Federation). Destruction will occur at the expense of the violator of rights of the right holder. According to Federal Law No. 323-FZ "On the fundamentals of protecting the health of citizens in the Russian Federation" the destruction of any goods must occur in compliance with all environmental safety measures of the environment and the population.
The handling of such products is regulated Federal Law No. 29-FZ "On the quality and safety of food products" According to paragraph 5 of Article 19; p.4 st.20 and p.4 st.21 of this law, food products, materials and articles that have lost the relevant quality are subject to examination, as a result of which it will be determined whether they have been disposed of or destroyed.
This rule is also applied in relation to perfumes and cosmetics, products and products for oral hygiene, tobacco products. Destruction of food products is formalized by an act of the established form, one copy of which in a three-day period is submitted The body of state supervision, which took a decision on its destruction.
The procedure for examination of low-quality and dangerous food products, their further use (disposal) or destruction is defined Decree of the Government of the Russian Federation No. 1263 "On approval of the provision on the examination of low-quality and dangerous food raw materials and food products, their use or destruction ". Experts of low-quality and dangerous food products are carried out by state supervision bodies in accordance with their competence. Rules for the destruction of low-quality and dangerous food products are regulated СанПиН 220.127.116.118-01. 2.3.2.