Overview of changes in Federal Law 223-FZ related to the unification of the national regime
The standard provisions are updated in the EIS and sections on the national regime are added to them. This means that the customers of the 223-FZ are preparing for a large-scale reform in the field of the national regime. Let's consider an overview of the changes to 223-FZ introduced by 318-FZ dated 08.08.2024.
Unification of the national regime with the rules of 44-FZ
In fact, legislators have made a switch and customers under 223-FZ will travel on new rails from 01.01.2025.
In general, the rules on the national regime under 223-FZ repeat the rules that are prescribed in 44-FZ.
The national mode will be implemented in three forms:
- prohibition or restriction of purchases of goods of foreign origin and works (services) performed (rendered) by foreign persons;
- advantage in relation to goods of Russian origin;
- the minimum mandatory share of purchases of goods of Russian origin.
To implement the new rules, a new article will appear in 223-FZ. 3.1-4 223- The Federal Law on the provision of a national regime.
Government Decree No. 925 of 09/16/2016 will also become invalid. This means that the rules on:
- confirmation of the country by declaration;
- providing an advantage to applications in which the volume of Russian goods is more than 50%;
- priority of 30% of Russian radio electronics from the EPR.
The benefits will be provided in the amount of 15% and the auction procedures will not actually reduce the price by 15%. For comparison, "virtually" the price of domestic goods will be reduced by 15% to compare with the price of foreign goods, but if the price turns out to be lower, then the contract will be concluded at the originally proposed price.
In general, the principle is the same as under 44-FZ.
You will have to confirm the country with special documents, as well as in purchases under 44-FZ.
The rules for the application and non-application of the national regime will be the same as under 44-FZ. This is all spelled out in the draft Government decree in the implementation of the national regime.
Also, for the application of the national regime under 223-FZ, a list of goods, works, and services will appear that will be synchronized with the lists under 44-FZ.
The new rules will become effective for notifications and contracts with the supplier from 01.01.2025. This was confirmed by the Ministry of Finance in letter No. 24-07-08/97806 dated 09.10.2024.
Priority
in paragraph 5 of Part 8 of Article 3 223-FZ laid down the principle of priority in priority by analogy with 44-FZ.
International treaties and the national regime under 223-FZ
, Part 3 of Article 3.1.-4 states that the government may take measures on the national regime if there is a possibility in an international treaty of the Russian Federation not to provide national treatment to a foreign product, work, service performed by a person registered abroad.
This provision in the law appeared to avoid disputes due to the application of clause 8 of Clause 925 dated 09/16/2016. In this paragraph, it was stated that priority is established taking into account the provisions of the General Agreement on Tariffs and Trade of 1994 and the Treaty on the Eurasian Economic Union of 05/29/2014.
Because of this, disputes regularly arose in practice, for example, about granting priority under 223-FZ to Chinese goods.
With the application of the new rules, these disputes should stop.
- Features of the national regime under 223-FZ for the purchase of medicines and medical products
In Part 4 of Article 5 of Federal Law No. 318-FZ dated 08.08.2024, it is stated that the government has the right to establish the specifics of the application of the national regime for the purchase of medicines and medical products before 12/31/2025.