The Ministry of Finance, Ministry of industry and trade, the Ministry of health and the FAS has prepared explanations on the application of the provisions of the Decree of the RF Government from February 5, 2015 №102 “About the restrictions and the conditions of admission of certain types of medical devices originating from foreign States for the purposes of procurement for state and municipal needs”.
The letter runs from 1 July 2018 came into force the norm of the Federal law “On contract system in procurement of goods, works, services for state and municipal needs”, according to which the second part application for participation electronic auction shall contain the documents stipulated by the normative legal acts adopted in accordance with the rules of application of national treatment in procurement, established according to the law, in the case of procurement of goods, works and services, which are subject to specified regulatory legal acts or copies of such documents. In the absence of an application for participation in the electronic auction of these documents or copies of such documents but this application is equivalent to the application, which contains a proposal for the supply of goods originating from foreign state or group of foreign States, works, services, performed respectively, rendered by foreign persons.
In accordance with paragraph 3 of Decree No. 102 of the confirmation of the country of origin of medical devices included in the List, is a certificate of origin issued by the authorized body (organization) member States of the EAEC on the form prescribed by the Rules for determining the country of origin of goods, which is an integral part of the Agreement on Rules of determining the country of origin of goods in the CIS of 20 November 2009, and in accordance with the criteria for determining the country of origin of goods provided for in these rules.
Thus, the restriction imposed by Decree No. 102, only applies if all the conditions established by paragraph 2 of Resolution No. 102 in aggregate. This should be at least two satisfying the requirements of the notice on the implementation of the procurement and (or) documentation about purchase applications, which contain proposals in respect of all types of medical devices, which are member States of the Eurasian economic Union, as evidenced by a certificate of origin.