What is a Ukraine civil number

Ukraine transport and customs clearance

Kiev, Lviv, Donetsk

In the article the most important stations of a truck transport from the EU to the Ukraine are explained. All stations from the sender, export customs clearance, the procedure with the PP numbers (advance clearance or advance notification), import clearance to the recipient are explained.

1 key data

  • Vienna Kiev: approx. 1150 km
  • Vienna Lemberg approx 700 km
  • Vienna Donetsk approx. 1,850 km
  • Max load: 20,000 to 22,000 kg
  • Transport time: 3 days

2 Before transportation

2.1 Contract of carriage

A forwarding agent is usually commissioned to transport the goods. A freight contract or transport contract is concluded. International road transport of goods is subject to the CMR. CMR is an indispensable right. Both Ukraine and Austria are signatory states to the CMR. This makes the CMR applicable law for all road transport.

In order to avoid problems and disruptions in performance, a transport order should contain as detailed instructions and information as possible:

  • Goods: type, quantity, gross / net weight, mass, quality, information on packaging, value, customs tariff number, information on dangerous goods, signature / mark, instructions for handling, ...
  • sender
  • Recipient with contact person
  • Dates (loading / unloading)
  • Required vehicle: plan, refrigerated, suitcase, tank .. vehicle
  • Instructions for the route (if necessary)
  • Customs clearance instructions
  • Delivery condition
  • Secondary obligations (loading, ...)

3 loading point

3.1 Loading the vehicle

After the vehicle has been presented, the goods are loaded onto the truck and secured. As a rule, the sender is responsible for the transport-safe packaging, loading and securing of the goods. The sender is liable for improper securing and stowage.

ISPM-15 standards for pallet import

Since March 2006, ISPM-15 standards for packaging wood / pallet handling have been in force in Ukraine. Importation is possible either with an IPPC mark or a phyto certificate from the exporting country. ISPM 15 was implemented into national law in Ukraine with regulation N 731 of the Ukrainian Ministry of Agricultural Policy (according to the wording of the regulation, the implementation was based on the regulations in the EU (EU directive N 2004/102 / EC).

Ordinance N 731 of December 22, 2005 came into force on February 4, 2006. Since the regulations only recently came into force, there are still different procedures for customs clearance of unmarked pallets. Some customs offices (phytocontrol departments) check unmarked pallets and allow imports if they meet the Unkrainian phytonorms. There is also a complicated procedure for checking unmarked pallets by the Ukrainian phytocontrol in the exporting country. Some importers have the pallets marked in the bonded warehouse by Ukrainian wood treatment companies.

3.2 Issuing the CMR consignment note

The CMR waybill

CMR stands for the Convention on Contracts for the International Carriage of Goods by Road (French: Convention relative auC.ontrat de transport international de marchandises par route.)

The content of the consignment note is regulated in the CMR. The consignment note also has the designation from the CMR

The contract of carriage is recorded in a consignment note. A waybill is absolutely necessary for transports to Ukraine. Usually 6-8 copies.

The issue and content of the CMR consignment note is regulated in CMR Art 4 ff:

Art. 4 CMR consignment note The contract of carriage is recorded in a consignment note. The absence, deficiency or loss of the consignment note does not affect the existence or validity of the contract of carriage, which remains subject to the provisions of this Convention.

Art. 5 Copies, form of the consignment note (1) The consignment note is issued in three original copies, which are signed by the sender and the carrier. The signatures can be printed or replaced by the stamp of the sender or the carrier, if this is permitted by the law of the country in which the consignment note is issued. The sender receives the first copy, the second accompanies the goods, and the carrier keeps the third. (2) If the goods to be transported are to be loaded onto several vehicles or if the goods are of different types or are divided into different items, both the sender and the carrier can request that as many bills of lading be issued as vehicles or types of goods are to be used or items are present.

Art. 6 Information in the consignment note (1) The consignment note must contain the following information: a) Place and date of issue; b) the name and address of the sender; c) Name and address of the carrier; d) Place and date of acceptance of the goods as well as the place intended for delivery; e) the name and address of the recipient; f) the usual designation of the type of goods and the type of packaging, in the case of dangerous goods, their generally recognized designation; g) the number, marks and numbers of the packages; h) gross weight or the otherwise specified quantity of the goods; i) the costs associated with the transport (freight, ancillary charges, customs duties and other costs incurred from the conclusion of the contract to delivery); j) instructions for customs and other official handling; k) an indication that, in spite of an agreement to the contrary, the carriage is subject to the provisions of this Convention.

Art. 7 Liability for incorrect and missing information (printed in bold) (1) The sender is liable for all costs and damage that the carrier incurs as a result of the following information being incorrect or incomplete: a) the information in Article 6 paragraph 1 letter b, d, e, f, g, h and j designated information; …………

The carrier confirms acceptance of the goods on the consignment note.

Attached is a waybill for a transport to Ukraine.

Note: The full text of the CMR is available at: http://www.condor.co.at/cmr

3.3 Commercial Invoice

The commercial invoice should contain the following:

  • Name Address Exporter
  • Name address importer
  • contract number
  • date of issue
  • Description of the goods (brand, net, gross weight)
  • Customs tariff number
  • Type, number and signature of the packaging
  • Unit price and total price
  • currency
  • Ev L / C reference
  • Value and conditions (discounts, cash discounts, ..)
  • Country of origin
  • Loading location
  • Delivery condition
  • destination
  • signature and stamp

3.4 Other documents

3.4.1 Proof of origin

In many cases, proof of the origin is necessary:

  • Goods for which preferential tariffs are granted
  • Goods that are limited with quotas or other trade policy control measures
  • If further laws of Ukraine or international agreements regulate this (state security, health, environment, ...)
  • If there is no information about the origin of the goods in the documents submitted for customs clearance or if customs suspect that incorrect information has been provided.
  • It is mandatory to present a certificate of origin when importing goods from the 1-24 tariff groups (according to the approval regulations for food),
    for duty-free imports from the CIS countries
  • and when the importation is quoted (this is provided for in Art. 282 of the Ukrainian Customs Code).

A certificate of origin or the indication of the country of origin in a "declaration of origin" are valid as proof of origin for the Ukrainian customs office: this is the declaration of the country of origin on the invoice ("country of origin ...... ..") or in other documents accompanying the goods, confirmed by Producer, exporter or from an authority responsible for issuing certificates of origin (the latter is preferred by the Ukrainian customs). In disputed cases, other documents can be presented as proof of the country of origin: certificates of the manufacturer, waybills, loading documents, etc. EU certificates of origin are accepted. If an EU certificate of origin is presented without specifying the country of origin, proof of the country of manufacture will be required from the customs office

The origin is recognized if

  • The goods are manufactured entirely in one country (mineral resources, vegetable products, animals (breeding, hunting) ..
  • Sufficient processing
  • The character of the goods is changed so much that a different ZTN (customs tariff number) is used. (first 4 digits)
  • The increase in income from processing is more than 50% of the value of foreign goods.
  • List of specific production technologies

3.5 Packing list

A document with details about the shipment. The packing list is informal and should be presented in English with a copy in Ukrainian.

3.6 Copy of EX customs clearance (see below)

4 export customs clearance

Carry out European export customs clearance. The export document accompanies the goods to the exit / border customs office or a TIR Carnet is opened.

4.1 Opening a TIR Carnet

Up to May 1, 2004, almost all transports to Ukraine were carried out using the TIR transit procedure. In the TIR procedure, the transit countries could mostly be passed without any problems. Since the EU expanded to the east, the Union has bordered directly on Ukraine and the transport of community goods to the Ukrainian border is possible without a shipping procedure. However, some transports are still carried out using the TIR shipping procedure. TIR liability can replace pre-customs clearance and TIR liability only requires a PP number instead of a PD number.

5 EU external border

At the EU external border, the physical exit of the goods from the Union is confirmed on the customs papers. If the goods are transported using the TIR procedure, the usual TIR procedure takes place (presentation of the TIR Carnet)

6 Ukrainian external border

6.1 The PP or PD number, advance notification or pre-customs clearance

In Ukraine there is a special procedure for advance notification and pre-customs clearance. This procedure allows shipping from the border to the customs office of destination in Ukraine. When the goods enter the customs territory of Ukraine, a PD or PP number must be presented. After submitting the PD or PP number, the goods can be transported to the customs office of destination in Ukraine.

The procedure is as follows:

  • The recipient / importer of the goods applies for a PP or PD number with the necessary documents at the customs office of destination.
  • The destination customs office carries out the notification or pre-customs clearance procedure and issues a PP or PD number. This number is also stored in an information system and can be called up by the border customs office.
  • The recipient / importer communicates this PP or PD number to his supplier / seller / sender.
  • The supplier informs the freight forwarder or enters the PP number in the CMR waybill
  • With the PP or PD number, the vehicle can usually carry out the entry procedure at the border customs office without further customs guarantees

A distinction is made between PP and PD numbers:

PP number = advance notice

Documents required for the application:

  • Invoice & translation of the invoice into Ukrainian, confirmed by the recipient
  • Registration card for the recipient's registration with the customs authorities (confirmed copy)
  • Foreign trade agreement
  • Ev contract with customs license warehouse

PD number = pre-declaration = taxes are to be paid in advance !!

Documents required for the application:

  • Invoice & translation of the invoice into Ukrainian, confirmed by the recipient
  • Registration card for the registration of the consignee with the customs authorities (confirmed copy)
  • Certificate of the declaration of foreign exchange treasures
  • Bank transfer to the account of the customs administration
  • Foreign trade agreement
  • Ev contract with customs license warehouse

6.2 Border crossings

In the PP / PD procedure, the PP form is transferred to the respective border. For this reason, it is important to discuss the border crossing with the recipient / customs broker / destination customs office. The following border crossings are available for the transport of goods:

  • Poland: Jagodin Rava-Ruska Krakowiec Szeginie
  • Hungary: Chop
  • Slovakia: Uzhorod

6.3 Customs clearance in the PP or PD procedure

When the goods arrive at the border with Ukraine, the customs authorities proceed as follows:

  • Verification of the registration of the Ukrainian consignee (entered on the transport documents)
  • Verification of the number and the day of entry on the PP form by comparison with the existing electronic data
  • Two copies of the electronic version of the PP form are printed out with a note on the arrival of the road vehicle

At the destination customs office, the driver must show both printed copies of the PP form

6.4 Border clearance in the TIR procedure

A TIR Carnet is only required for goods to the Ukraine for customs liability for PD goods if the duties at the destination customs office are not transferred to the authorities in advance.

The TIR Carnet with the other documents must be presented at the border customs office. It is checked whether the customs seals are intact and the vehicles or containers are still in a customs-safe condition. The customs seals are left in place and the goods are only inspected in exceptional cases if irregularities are suspected. The TIR Carnet assumes liability for customs duties vis-à-vis the Ukrainian customs authorities. Since the TIR Carnet is limited in its scope of liability, continued travel under the TIR guarantee can be prohibited. In the case of goods for which the customs duties to be paid exceed the amount of USD 50,000, the TIR carnet is finalized by the customs office of entry into Ukraine (both the white and the green sheet are stamped) and the note “TIR transport has not continued because the amount of the guarantee was insufficient ”entered in the TIR Carnet. The goods are then transported further under an internal (Ukrainian) customs procedure using one of the following measures: Deposit of a guarantee at the customs office Customs escort or further transport of the goods by a customs transport company Or customs clearance at the customs office of entry into Ukraine These measures only apply to goods, which are intended for Ukraine and for which the customs duties to be paid exceed the amount of USD 50,000.

7 Receiving Customs Office

The following documents must be submitted for import customs clearance:

  • TIR carnet
  • PP or PD -Fromular copies (handed out at the border)
  • CMR waybill
  • Notes on additional controls
  • Foreign trade agreement
  • Contract with customs broker (if customs broker is used)
  • Registration card
  • Copy of EX1 document - only as part of the customs valuation
  • Goods declaration (IM4)
  • Declaration of the customs goods value
  • Certificate of foreign exchange funds
  • Further documents (GOST, ..)

Procedure for import customs clearance

  1. Checking the conformity of the pre-declaration / customs declaration
  2. Control over compliance with the customs tariff for classification
  3. Control of the correctness of the determination of the customs value
  4. Checking the arrival of funds, checking the calculation of the taxes. Verification of the country of origin
  5. Examination of the application of non-tariff control measures
  6. Verification of the need for a customs inspection
  7. Customs inspection
  8. Acceptance of the customs declaration
  9. Completion of customs clearance
  10. Return of the documents

7.1 Tariff regulations

7.1.1 inches

7.1.1.1 Preferred (duty-free)

Import: Preferential tariff rates (usually 50% of the full customs tariff):

7.1.1.3 Full duty rates:

apply to all other countries.

7.1.2 Customs Duty

Other customs duties are to be paid by the importer: Customs duty: 0.2% of the customs value, but a maximum of USD 1000, -

7.1.3 Import sales tax

The import sales tax is usually 20%. The import VAT is refundable on the basis of the import customs declaration or is used as a tax credit.

Foreign companies are not entitled to a refund of VAT paid in Ukraine in Ukraine. It is not possible to register a foreign company as a taxpayer.

The representative office of a foreign company (and in any case a subsidiary) can be taxable in Ukraine and be entitled to an input tax refund. The reimbursement is only possible 12 months after the company was founded.

7.1.4 Customs value determination

The assessment basis for the import duties does not always have to be the invoice value. There are 5 methods of determining the customs value:

  • based on the actual costs (confirmed by invoices and taking into account additional costs such as transport, insurance, etc.) = most common method
  • according to the price of identical goods plus costs
  • after price of similar goods plus costs
  • after d. usual sales price i.d. Ukraine minus costs after crossing the border
  • Usual manufacturer price plus costs
  • Combination of the above methods, submission of the export customs declaration.

7.2 Non-tariff regulations

7.2.1 Certification

Certification in Ukraine is required for many goods. The deadlines and prices for certification depend on the scope of the existing factory tests, which can easily be recognized, for which a corresponding certificate is issued. The certification is usually initiated by the importer. The duration of the certification depends in each specific case on the necessary tests.

In general, the following certification regulations apply:

The conformity certificates are issued either for one delivery (certification of goods in Ukraine / delivery certificate) or for a period of 1, 2, 3 and 5 years (certification of production, is more cost-effective for regular deliveries / series certificate).

With certification of each individual delivery, the average costs are around EUR 300 to 600 per delivery. The quality-related documents accompanying the goods must be submitted to the certification body. The goods are tested in a Ukrainian test laboratory.

The minimum costs for the certification of production are on average around EUR 2,000 to 4,000 (inspection of a plant / product). Certification takes place at the request of the producer. The certification body must be presented with quality-related certificates / certificates from the manufacturer. After the conclusion of the contract for the certification services, the employees of the Ukrainian certification body carry out the tests in the factory.

The Russian GOST certificates, which in many cases are identical to Ukrainian standards, are recognized in Ukraine if the goods are manufactured in Russia. If the goods have a different origin, the Russian test protocols can be taken into account. This must be agreed with the Ukrainian certification body for specific goods.

8 recipients

The transport is usually connected as soon as the carrier makes the goods available to the recipient = (Pane opens) The recipient can now unload the goods and confirms receipt of the goods to the carrier.

Art. 30 Necessary reservations (1) If the recipient accepts the goods without checking their condition together with the carrier and without making reservations to the carrier with general information about the loss or damage, until proven otherwise presumes that the consignee has received the goods in the condition described in the consignment note; In the case of externally recognizable losses or damage, reservations must be made at the latest when the goods are delivered or, if there are no externally recognizable losses or damage, at the latest within seven days, not counting Sundays and public holidays, after delivery be made. The reservations must be made in writing if it is a question of loss or damage that is not externally recognizable. (2) If the consignee and the carrier have checked the condition of the goods together, counter-evidence against the result of the check is only permissible if the loss or damage is not apparent from the outside and the consignee does not count within seven days, Sundays and public holidays , has made written reservations to the carrier after the inspection.

(3) Compensation for exceeding the delivery period can only be claimed if a written reservation is made to the carrier within twenty-one days after the point in time at which the goods were made available to the recipient. (4) When calculating the deadlines specified in this article, the day of delivery, the day of inspection or the day on which the goods were made available to the recipient are not included. (5) Carrier and consignee have to grant each other reasonable relief for all necessary determinations and inspections.

The recipient confirms receipt of the goods on the CMR waybill.

If delivery obstacles arise, the carrier must inform the sender / client and obtain instructions.

9 Risks, performance disruptions and liabilities with Ukraine Transporten

Liability, exclusions and maximum liability limits of the sender, client, carrier and fixed-price freight forwarder are regulated in the CMR

9.1 Liability of the sender according to the CMR

Art. 7 Liability for incorrect and missing information (note: in the CMR consignment note)

Art. 10 Liability for inadequate packaging The sender is liable to the carrier for all damage to persons, operating materials and other goods caused by inadequate packaging of the goods, as well as for all costs caused by inadequate packaging, unless the defect is obvious or the carrier was known when the property was taken over and he did not make any reservations in this regard.

This also includes lashing on the truck, unless otherwise agreed. Attention: If the driver only provides assistance with loading or carries out loading on the instructions of the sender, he is usually acting as the sender's vicarious agent

Art. 11 Accompanying documents (1) The sender must enclose with the consignment note the documents that are necessary for the customs or other official handling to be carried out before the delivery of the goods, or make these documents available to the carrier and provide him with all necessary information To give. (2) The carrier is not obliged to check whether these documents and information are correct and sufficient. The sender is liable to the carrier for all damage resulting from the absence, incompleteness or inaccuracy of the documents and information, unless the carrier is at fault.

In the case of Ukraine transports, due to missing or incorrect papers or due to missing PP or PD numbers, there are repeated downtimes. These idle times are to be paid to the carrier in addition.

Art. 15 Obstacles to delivery (1) If obstacles to delivery occur after the goods have arrived at the destination, the carrier must obtain instructions from the sender. If the recipient refuses to accept the goods, the sender is entitled to dispose of the goods without having to present the first copy of the consignment note. ....

And

Art. 16 Reimbursement of costs; Unloading and safekeeping; Emergency sales (1) The carrier is entitled to reimbursement of the costs incurred by obtaining or carrying out instructions, unless he is responsible for these costs. ....

Art. 22 Dangerous goods (1) If the sender hands over dangerous goods to him, the sender must make the carrier aware of the exact nature of the risk and, if necessary, indicate the precautionary measures to be taken. If this notification has not been entered in the consignment note, it is up to the sender or the recipient to prove by other means that the carrier knew the exact nature of the risks associated with the carriage of the goods. (2) Dangerous goods, the dangerousness of which the carrier was not aware of within the meaning of paragraph 1, can be unloaded, destroyed or rendered harmless by the carrier at any time and anywhere without liability for damages; In addition, the sender is liable for all costs and damage arising from the handover of these goods for transport or from their transport

9.2 Liability of the carrier according to CMR (and fixed-price forwarding agent)

9.2.1 Loss and damage to the goods

Art. 17 Liability of the carrier; Exclusions of liability (1) The carrier is liable for total or partial loss and damage to the goods, provided that the loss or damage occurs between the time the goods are taken over and the time they are delivered, as well as for exceeding the delivery period. (2) The carrier is exempt from this liability if the loss, damage or exceeding of the delivery period is caused by the fault of the person entitled to dispose, by instructions from the person entitled to dispose for which the carrier is not responsible, by particular defects in the goods or by circumstances, which the carrier could not avoid and the consequences of which he could not avert. (3) In order to free himself from his liability, the carrier can neither invoke defects in the vehicle used for the transport nor, if applicable, that the lessor of the vehicle or the lessor's employees are at fault. (5) If the carrier is not liable on the basis of this article for individual circumstances that have caused damage, he shall only be liable to the extent that the circumstances for which he is liable on the basis of this article contributed to the damage.

Art. 23 Scope of liability; Maximum contributions (1) If the carrier has to pay compensation for total or partial loss of the goods on the basis of the provisions of this Convention, the compensation will be calculated according to the value of the goods at the location and at the time of acceptance for transport. (2) The value of the goods is determined according to the stock exchange price, in the absence of such according to the market price or in the absence of both according to the common value of goods of the same type and quality. (3) The compensation may not, however, exceed 25 francs for each missing kilogram of the gross weight. The franc is understood to mean the gold franc weighing 10/31 grams and 0.900 fineness. (4) In addition - without further compensation - freight, customs duties and other costs incurred for the transport of the goods are to be reimbursed in full, in the case of total loss, proportionally in the case of partial loss.

Note 8.33 SDR = approx 10 euros per kg

…..
9.2.2 Exceeding the delivery time

Art. 19 Exceeding the delivery deadline The delivery deadline is exceeded if the goods have not been delivered within the agreed deadline or, if no deadline has been agreed, the actual transport time taking into account the circumstances, in the case of partial loading, in particular taking into account the usual Circumstances, the time required for the compilation of goods for the purpose of complete loading exceeds the period that can reasonably be allowed to a careful carrier.

Art. 23 Scope of liability; Maximum contributions

.... (5) If the delivery deadline has been exceeded and the person entitled to dispose of it proves that damage has arisen as a result, the carrier only has to pay compensation up to the amount of the freight. (6) Higher compensation can only be claimed if the value of the goods or a special interest in the delivery has been stated in accordance with Articles 24 and 26.

10 deadlines

The following deadlines must be taken into account for freight or insurance contracts and damage matters relating to Ukraine transports:

  • Liability for damage to the goods: immediately or 7 days for visible or hidden damage
  • Liability due to exceeded delivery time: 21 days after delivery
  • Limitation of claims from the CMR 1 year, limitation period begins in many cases 3 months after the conclusion of the freight contract
  • Statute of limitations according to AÖSp 6 months
  • Report of damage to the transport insurance company 15 months

The Condor forwarding company has been transporting through Ukraine for many years. We are happy to advise you on all matters relating to transport, customs clearance, loading, liability and insurance. Contact us !