Restrictions in medical device sales
RUSSIAN FEDERATION GOVERNMENT DECREE dated 5 February 2015 No. 102.
«ON THE RESTRICTIONS AND CONDITIONS FOR ADMISSION OF CERTAIN TYPES OF MEDICAL DEVICES ORIGINATING FROM FOREIGN COUNTRIES FOR THE PURPOSE OF PROCUREMENT TO MEET THE PUBLIC AND MUNICIPAL DEMANDS» The List of Amending Documents (as revised by RF Government Decrees dated 02.06.2015 No. 528, dated 22.04.2016 No. 337, dated 30.11.2016 No. 1268).
Pursuant to Device 14 of Federal Law “On the Contracting Procurement of Goods, Works, Services to Meet the Public and Municipal Demands”, the Russian Federation Government decrees that:
(as revised by the RF Government Decree dated 22.04.2016 No. 337)
- The attached list of certain types of medical devices originating from foreign countries, in which respect restrictions are set forth for admission to procurement to meet the public and municipal demands shall be approved (hereinafter, the list).
(as revised by the RF Government Decree dated 22.04.2016 No. 337)
- It shall be set forth that for procurement of certain types of medical devices included in the list, the customer shall reject all bids (final offers), containing offers to supply certain types of medical devices included in the list and originating from foreign countries (with the exception of Eurasian Economic Union member-countries), provided that for participation in bidding, at least 2 compliant procurement notifications and (or) procurement bids (final offers) have been submitted, which simultaneously:
contain offers to supply certain types of medical devices included in the list, of which the countries of origin are Eurasian Economic Union member-countries;
do not contain offers to supply the same type of a medical device from one manufacturer or manufacturers belonging to one group of persons that matches the signs provided for by Device 9 of Federal Law “On the Protection on Competition”, when such bids (final offers) are compared.
(Cl. 2 as revised by the RF Government Decree dated 22.04.2016 No. 337)
2(1). If a bid (final offer) that contains an offer to supply certain types of medical devices included in the list and originating from foreign countries (with the exception of Eurasian Economic Union member-countries) is not rejected according to the restrictions set forth by this decree, the conditions for admission to procurement of goods originating from a foreign country or a group of foreign countries set forth by the Russian Federation Ministry for Economic Development shall apply.
(Cl. 2(1) has been consummated by the RF Government Decree dated 22.04.2016 N 337)
2(2). It shall be set forth that for the purpose of limiting admission of certain types of medical devices originating from foreign countries, medical devices included in the list and not included therein may not be the subject matter of one contract (one lot).
(Cl. 2(2) has been consummated by the RF Government Decree dated 22.04.2016 N 337)
- The proof of the country of origin of medical devices included in the list is the certificate of origin of goods issued by an authorized agency (organization) of Eurasian Economic Union member-countries according to the form established by the Rules for Determining the Country of Origin of Goods, which are an integral part of the Agreement on the Rules for Determining the Country of Origin of Goods in the Commonwealth of Independent States dated 20 November 2009, and in accordance with the criteria of determining the country of origin of goods provided for by the said Rules.
(as revised by the RF Government Decree dated 22.04.2016 No. 337)
3(1). In performing a contract, which conclusion involved rejection, pursuant to the restrictions set forth by this decree, of bids (final offers) containing offers to supply certain medical devices included in the list and originating from foreign countries (with the exception of Eurasian Economic Union member-countries), replacement of a medical device with a medical device which country of origin is not a member-country of the Eurasian Economic Union and replacement of the manufacturer of a medical device are not allowed.
(Cl. 3(1) has been consummated by the RF Government Decree dated 22.04.2016 No. 337)
- The restrictions for admission of certain types of medical devices included in the list which are set forth by this decree shall not apply in the following cases:
placement of notifications about procurement of certain types of medical devices included in the list in the integrated procurement information system and (or) invitations to closed bidding for determination of a supplier, made before the effective date of this decree;
procurement of certain types of medical devices included in the list by the customers mentioned in Device 75 Part 1 of Federal Law “On the Contracting Procurement of Goods, Works, Services to Meet the Public and Municipal Demands” on the territory of a foreign country to support their own activity on that territory.
(as revised by the RF Government Decree dated 22.04.2016 No. 337)
Chairman of the Government
of the Russian Federation
D.MEDVEDEV
Approved by
the Decree of the Russian Federation Government
dated 5 February 2015, No. 102
LIST OF CERTAIN TYPES OF MEDICAL DEVICES ORIGINATING FROM FOREIGN COUNTRIES, IN WHICH RESPECT RESTRICTIONS ARE SET FORTH FOR ADMISSION TO PROCUREMENT TO MEET THE PUBLIC AND MUNICIPAL DEMANDS
List of Amending Documents (as revised by the RF Government Decree dated 30.11.2016 No. 1268)
Code according to Russian Classification of Products by Economic Activity Types (OKPD) OK 034-2007 | Code according to Russian Classification of Products by Economic Activity (OKPD2) OK 034-2014 | Medical Device Type Name <*> |
17.40.22.149 | 22.19.71.190 | Anti-decubitus orthopedic pillows with shape-memory effect |
18.21.11.111
18.21.21.111 18.21.30.411 18.21.30.412 33.10.16.150 |
14.12.11
14.12.21 14.12.30.131 14.12.30.132 14.12.30.160 |
Medical clothes |
18.21.30.530 | 14.12.30.170 | Special clothes for physical condition maintenance |
21.22.12.350 | 17.22.12.130 | Sanitary – absorbing underwear (diapers, pads) |
24.20.14.190 | 20.20.14.000 | Medical devices containing antiseptics and disinfectants |
24.41.60.330
24.41.60.399 |
21.10.60.196 | Kits of reagents for identification of infection agents by polymerase chain reaction |
24.41.60.363
24.41.60.364 |
21.10.60.196 | Kits of reagents for quantitative and qualitative enzyme immunoassay test of immunoglobulins or antigens of infection agent |
24.41.60.384
24.41.60.391 24.66.42.341 24.66.42.342 24.66.42.344 |
20.59.52.199
21.10.60.196 |
Kits of reagents for neonatal screening in dry blood spots |
24.41.60.384
24.41.60.391 |
21.10.60.196 | Kits of reagents for enzyme immunoassay of hormones |
24.41.60.395 | 21.10.60.196 | Kits of biochemical reagents for determining blood-coagulation factors |
24.42.13.391 | 21.20.10.139 | Kits (sets) of reagents for hematological analyzers |
24.42.23.110 | 21.20.23.111 | Kits of reagents for determining blood types and Rhesus factor |
24.42.23.111 | 21.20.23.111 | Kits of biochemical reagents for determining enzymes; kits of biochemical reagents for determining blood-coagulation factors |
24.42.23.119 | 21.20.23.111 | Kits of reagents for human blood phenotyping by Rhesus, Kell and Kidd blood group systems |
24.42.24.120 | 13.20.44.120 | Gauze, medical, bleached, cotton |
24.42.24.120
24.42.24.131 |
21.20.24.160 | Napkins, antiseptic, alcohol; Gauze napkins, medical, sterile and non-sterile |
24.42.24.120
24.42.24.139 |
21.20.24.150 | Wits of gauze, medical, sterile and non-sterile; dressing packs, medical, sterile and non-sterile |
24.42.24.127 | 21.20.24.131 | Bandages, sterile and non-sterile, gauze |
24.42.24.128
24.42.24.139 |
21.20.24.150 | Tampons, setons, turundas, gauze swabs, sterile and non-sterile |
24.42.24.139 | 21.20.24.160 | Wound dressings and blankets impregnated or coated with medicines |
24.42.24.140
24.42.24.141 24.42.24.142 24.42.24.143 |
14.19.32.120 | Special surgical disposable sterile devices from nonwoven materials for patient’s and medical staff’s protection |
24.42.24.149 | 21.20.24.150 | Face masks, medical, sterile and non-sterile |
24.66.42.140 | 20.59.52.140 | Culture media, selective and non-selective |
24.66.42.310 | 21.20.23.111 | Kits of biochemical reagents for determination of substrates |
24.66.42.341 | 20.59.52.199 | Kits of biochemical reagents for determination of enzymes |
24.66.42.389 | 20.59.52.199 | Kits (sets) of reagents for hematological analyzers |
25.22.14.210 | 22.22.14.000 | Containers for biological samples, polymer |
29.23.13.331
29.23.13.335 29.23.13.990 |
28.25.13.111
28.25.13.115 28.25.13.119 |
Refrigerators, combined laboratory; refrigerators, pharmaceutical; medical freezers |
29.23.14.110
29.23.14.113 |
28.25.14.110 | A clean-room equipment outfit; air filtering, decontamination, and (or) purification equipment and apparatuses |
30.02.13.110
30.02.13.120 30.02.13.190 30.02.14.110 30.02.14.120 30.02.14.123 30.02.14.124 30.02.14.129 |
26.20.13.000
26.20.14.000 |
Radiological information systems for acquisition, processing, transmission, and archiving of digital medical images |
31.50.34.190 | 27.40.39.110 | Operating and examining medical lamps |
33.10.11.111 | 26.60.11.111 | Computer tomography scanners with 1 to 64 slices |
33.10.11.112
33.10.11.113 |
26.60.11.112
26.60.11.113 |
X-ray diagnostic outfits for 2 working places; X-ray diagnostic outfits for 3 working places; X-ray diagnostic outfits on the base of a remote-control table; photofluorographic units; mammography machines; ward mobile x-ray apparatuses |
33.10.11.113 | 26.60.11.113 | X-ray apparatuses, mobile, surgical (С-arm) |
33.10.11.140 | 26.60.11.120 | Single-photon emission computed tomography systems (gamma-ray chambers) |
33.10.12.110
33.10.12.119 33.10.12.125 33.10.15.320 33.10.15.329 |
26.60.11.113
26.60.12.110 26.60.12.129 32.50.1 32.50.21.112 |
Endoscopy outfits |
33.10.12.111 | 26.60.12.111 | Electrocardiographs |
33.10.12.123 | 26.60.12.123 | Instruments for investigation of acoustic vibrations in human organs |
33.10.12.126 | 26.60.12.129 | Bedside cardio monitors; 24-hrs. electrocardiography monitoring outfits;
glucose analyzers |
33.10.12.140 | 26.60.13 | Irradiators, phototherapeutic, neonatal |
33.10.13.119 | 32.50.11.000 | Root needles |
33.10.14.111 | 32.50.12.000 | Steam sterilizers |
33.10.15.110 | 32.50.13.190 | Pneumatic micromotors for dental tips;
tips for micromotors; dental turbine tips |
33.10.15.120 | 32.50.13.110 | Piercing instruments; surgical needles |
33.10.15.121 | 32.50.13.110 | Injection syringes, medical, reusable and disposable, with and without injection needles |
33.10.15.130 | 32.50.13.190 | Cutting and percussion instruments with a sharp (cutting) edge |
33.10.15.134 | 32.50.13.190 | Microsurgery scissors |
33.10.15.136 | 32.50.13.190 | Dental burs; dental diamond tips including shaped ones; dental hard-alloy drills |
33.10.15.140 | 32.50.13.190 | Pushing aside instruments |
33.10.15.144 | 32.50.13.190 | Pulp extractors |
33.10.15.150 | 32.50.13.190 | Multi-surface exposure instruments |
33.10.15.152 | 32.50.13.190 | Forceps, microsurgical |
33.10.15.154 | 32.50.13.190 | Needle holders, microsurgical |
33.10.15.160 | 32.50.13.190 | Probing, bougienage instruments |
33.10.15.180 | 32.50.13.190 | Root canal filling instruments; accessory instruments |
33.10.15.190
33.10.15.513 |
32.50.1
32.50.13.190 |
Electrosurgical apparatuses |
33.10.15.212 | 32.50.13.120 | Slit lamps |
33.10.15.213 | 32.50.13.120 | Ophthalmic set of trial spectacle lenses; microsurgical instruments for ophthalmology |
33.10.15.430 | 32.50.21.112 | Equipment for transfusion of blood, blood substitutes, and infusion solutions, including those fitted with a microfilter |
33.10.15.441 | 32.50.21.121 | Inhalation narcosis apparatuses |
33.10.15.512
33.10.15.619 |
26.60.13.190
32.50.13.190 |
Defibrillators |
33.10.15.519
33.10.15.619 |
26.60.13.190
32.50.13.190 |
Neonatal heaters; neonatal tables with automatic neonate-warming temperature control |
33.10.15.610 | 32.50.13.190 | Containers for blood banking, storage, and transportation; equipment with a leukocyte filter; equipment for infusion of blood substitutes and infusion solutions |
33.10.15.614 | 32.50.13.190 | Urogenital probes; colposcopes; Cusco polymer gynecological mirrors; gynecological examination sets, disposable, sterile |
33.10.15.619 | 32.50.13.190 | Nasal respiratory support apparatuses for infants; infant intensive care incubators; climate-controlled medical modules (clean room) |
33.10.15.619 | 32.99.59.000 | Medical gases and power supply consoles |
33.10.16.122 | 32.50.21.112 | Therapeutic equipment (hydromassage baths and shower cubicles) |
33.10.17.119 | 32.50.22.120 | Handrails for a bathroom and toilet (straight, angular, right, left) |
33.10.17.190 | 32.50.22.190 | External breast (mammal gland) prostheses based on silicone gel |
33.10.17.415 | 32.50.22.127 | Implants for osteosynthesis |
33.10.17.610 | 32.50.22.129 | Roller walkers; collapsible height-regulated legged walkers; supports (legged support walkers, rolled support walkers); handrails (cross-beams) for self-lifting, angular, straight (linear), and folding |
33.10.17.710 | 32.50.22.152 | Orthopedic shoes for children |
33.10.18.110 | 26.60.14.120 | Deaf-aids, non-implantable |
33.10.18.120 | 32.50.22.128 | Crutches |
33.10.18.242 | 32.50.23.000 | Artificial feet, polyurethane foam |
33.10.18.313 | 32.50.23.000 | Case for residual lower limbs; cosmetic coats for active artificial upper limbs |
33.10.20.116 | 32.50.22.129 | Armchairs with hygienic fittings |
33.20.53.145 | 26.51.53.140 | Equipment for blood serum protein electrophoresis on cellulose acetate films |
33.20.53.310 | 26.51.53.190 | Blood clotting analyzers |
33.20.53.311 | 26.51.53.190 | Bilirubin analyzers; urine blood content analyzers; semi-automatic biochemical analyzers; hemoglobin counters |
33.20.53.320 | 26.51.53.190 | Glucose counters, personal |
33.20.53.332 | 26.51.53.190 | Detecting amplifiers to support real-time polymerase chain reaction studies |
35.43.11 | 30.92.2 | Wheeled chairs |
36.15.12.129 | 22.19.71.190 | Anti-decubitus orthopedic mattresses, with shape-memory effect; anti-decubitus mattresses with gel elements |
36.63.31.120 | 32.99.21.120 | Support canes |
<*> While using this list, one should be guided by the code according to the Russian Classification of Products by Types of Economic Activities (OKPD or OKPD2), as well as by the name of the medical device type under the said code.