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AGREEMENT

of February 2, 2018

About marking of goods means of identification in the Eurasian Economic Union

The state members of the Eurasian Economic Union which further are referred to as with state members

being guided by the Agreement on the Eurasian Economic Union of May 29, 2014,

aiming at carrying out the approved, coordinated policy in the field of marking of goods means of identification,

wishing to provide legal turnover of goods within the Eurasian Economic Union (further - the Union), consumer protection and the prevention of the actions misleading them agreed as follows:

Article 1

For the purposes of this agreement concepts which mean the following are used:

"the unified register of means of identification" - the general information resource including the description of the means of identification used for marking of goods in the Union, data on their characteristics, structure and structure of information containing in means of identification;

"competent (authorized) bodies of state member" - the executive bodies of state member authorized according to the legislation of this state to provide control of turnover of goods, and (or) interagency coordination of activities of executive bodies of state member for control of turnover of goods on which the decision on introduction of their marking by means of identification, and (or) functioning of national component of information system of marking of goods, and (or) coordination of activities for ensuring its functioning is made;

"control (identification) sign" - the form of the strict reporting (document) with elements (means) of protection against counterfeit (the protected printed material) containing means of identification and intended for marking of goods;

"the marked goods" - goods on which means of identification with observance of the established requirements and authentic data about which (including data on the means of identification and (or) material carriers containing means of identification applied on them) contain in national component of information system of marking of goods are applied;

"the material carrier" - control (identification) sign or object from any materials which contains or does not contain elements (means) of protection against counterfeit and is intended for drawing, storage and transfer of means of identification;

"turnover of goods" - import to customs area of the Union, storage, transportation, obtaining and transfer of goods, including their acquisition and realization (sale) in the territories of state members;

"wholesale trade" - the type of trading activity connected with acquisition and sales of goods for their use in business activity (including for resale) or in other purposes which are not connected with personal, family, home and other similar use;

"remaining balance of the goods which are subject to marking" - goods on which the decision on introduction of marking is made and which on Date of Introduction of marking are in ownership, and (or) use, and (or) the order at the legal entities and physical persons registered as the individual entrepreneurs (further - individual entrepreneurs) performing production and (or) turnover of such goods;

"retail trade" - the type of trading activity connected with acquisition and sales of goods for their use in the personal, family, house and other purposes which are not connected with implementation of business activity;

"means of identification" - the unique sequence of symbols in machine-readable form presented in barcode type, or which is written down on radio-frequency tag, or provided with use of other means (technology) of automatic identification;

"cross-border trade" - the wholesale trade performed within mutual trade in goods from the territory of one state member on the territory of other state member;

"issuers" - the executive bodies of state members and (or) the organizations performing production, and (or) generation, and (or) realization (sale) of means of identification and (or) the material carriers containing means of identification.

Other concepts used in this agreement are applied in the values defined by the Agreement on the Eurasian Economic Union of May 29, 2014 and international treaties within the Union.

Article 2

1. This agreement determines procedure for marking of goods the means of identification unified within the Union (further - marking of goods).

2. Action of this agreement extends to the legal entities and individual entrepreneurs performing production and (or) turnover of goods on which the decision on marking introduction, and also on issuers is made.

Article 3

1. Within the Union according to the decision of Council of the Eurasian economic commission (further - Council of the Commission) marking of goods can be entered.

2. Council of the Commission makes the decision on introduction of marking of goods based on provided to the Eurasian economic commission (further - the Commission) state members of offers (with reasons), the analysis of feasibility of introduction of marking of goods (including data on the results expected by state member from marking introduction, specifying of the main consumers or customer groups of such goods), information on influence of introduction of marking on business conditions (including the available data on possible costs of legal entities and individual entrepreneurs, price relation of goods and cost of means of identification), availability of technological capability of marking of such goods, and also information about other control systems operating concerning such goods behind turnover of goods.

3. Goods are marked by drawing on them and (or) on their packaging of means of identification or the material carriers containing means of identification.

4. Marking of goods by drawing funds of identification for goods, their packaging or on the material carrier which is not containing elements (means) of protection against counterfeit is allowed only during creation of the conditions excluding possibility of stay in legal turnover of goods, marked by illegal means of identification.

5. Information on means of identification is entered in the unified register of means of identification which forming and maintaining is performed by the Commission in electronic form. The procedure for forming and maintaining the unified register of means of identification is determined by the decision of the Commission.

Article 4

From Date of Introduction of marking of goods:

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