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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 28, 2019 No. 224

About approval of Rules of marking of tobacco and nikotinsoderzhashchy products means of identification and the features of implementation of the state information system of monitoring of turnover of goods which are subject to obligatory marking by means of identification concerning tobacco and nikotinsoderzhashchy products

(as amended on 24-02-2022)

The government of the Russian Federation decides:

1. Approve the enclosed Rules of marking of tobacco and nikotinsoderzhashchy products by means of identification.

2. Determine that producers and importers of tobacco products according to the Rules approved by this resolution:

a) perform the registration in the state information system of monitoring of turnover of goods, subject to obligatory marking by means of identification (further - information system of monitoring), till June 30, 2019 (inclusive) or after June 30, 2019 within 7 calendar days from the date of origin at the producer or the importer of need of implementation of the activities connected with input in turnover and (or) turnover of tobacco products;

b) ceased to be valid

c) ceased to be valid

d) ceased to be valid

e) enter into information system of monitoring of the data on marking of tobacco products, and also input of tobacco products in turnover, its turnover and conclusion from turnover according to the Rules approved by this resolution since July 1, 2019.

2(1). Determine that producers and importers of nikotinsoderzhashchy products according to the Rules approved by this resolution:

a) submit to information system of monitoring the application for registration in information system of monitoring since March 1, 2022, but no later than the 7th calendar day from the date of emergence of need of implementation of the activities connected with input in turnover and (or) turnover of nikotinsoderzhashchy products;

b) enter into information system of monitoring of the data on marking of nikotinsoderzhashchy products, and also about input of nikotinsoderzhashchy products in turnover, its turnover and conclusion from turnover according to the Rules approved by this resolution since March 15, 2022.

2(2). Determine that producers and importers of tobacco and (or) nikotinsoderzhashchy products according to the Rules approved by this resolution:

a) after registration in information system of monitoring send to the operator of information system of monitoring the request for receipt of the device of registration of issue or provision to it remote access electronically in information system of monitoring;

b) in time, not exceeding 14 calendar days from the date of registration in information system of monitoring, provide readiness of own software and hardware for information exchange with information system of monitoring.

3. Determine that producers put, and importers of tobacco and (or) nikotinsoderzhashchy products provide drawing funds of identification for consumer and group packagings, and also enter into information system of monitoring of the data on marking of tobacco and (or) nikotinsoderzhashchy products, input of tobacco and (or) nikotinsoderzhashchy products in turnover, its turnover and conclusion from turnover according to the Rules approved by this resolution in the relation:

cigarettes (code under the All-Russian Product Classifier by types of economic activity (further - code on the qualifier) 12.00.11. 130, code according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the commodity nomenclature) 2402 20 900 0) and cigarettes (code on the qualifier 12.00.11. 140, code according to the commodity nomenclature 2402 20 900 0) since July 1, 2019;

the tobacco products specified in the Section II of appendix to the Rules approved by this resolution since July 1, 2020;

the nikotinsoderzhashchy products specified in the Section III of appendix to the Rules approved by this resolution since March 15, 2022.

4. Determine that the participants of turnover of tobacco products performing retail sale of tobacco products:

a) perform the registration in information system of monitoring till June 30, 2019 (inclusive) or after June 30, 2019 within 7 calendar days from the date of origin at the participant of the turnover of tobacco products performing retail sale of tobacco products, need of implementation of the activities connected with retail sale of tobacco products;

b) ceased to be valid

c) ceased to be valid

d) enter into information system of monitoring of the data concerning retail sale of tobacco products according to the Rules approved by this resolution since July 1, 2019, concerning all actions on turnover of tobacco products since July 1, 2020.

4(1). Determine that the participants of turnover of nikotinsoderzhashchy products performing retail sale of nikotinsoderzhashchy products:

a) submit to information system of monitoring the application for their registration in information system of monitoring since March 1, 2022, but no later than the 7th calendar day from the date of emergence of need of implementation of the activities connected with retail sale of nikotinsoderzhashchy products;

b) enter into information system of monitoring of the data concerning all actions on turnover of nikotinsoderzhashchy products according to the Rules approved by this resolution since March 15, 2022.

4(2). Determine that the participants of turnover of tobacco and (or) nikotinsoderzhashchy products performing retail sale of tobacco and (or) nikotinsoderzhashchy products provide readiness of own software and hardware for information exchange with information system of monitoring in time, not exceeding 21 calendar days from the date of registration in information system of monitoring.

5. Determine that the organizations of wholesale trade by tobacco products acquiring tobacco products directly at producers and importers:

a) perform the registration in information system of monitoring till June 30, 2019 (inclusive) or after June 30, 2019 within 7 calendar days from the date of origin at the organization of wholesale trade of need of implementation of the activities connected with acquisition of tobacco products at producers and importers;

b) provide readiness of own software and hardware for information exchange with information system of monitoring no later than 21 calendar days from the date of registration in information system of monitoring in time;

c) pass test of information exchange of own software and hardware and information system of monitoring according to the procedure posted on the official site of the operator of information system of monitoring on the Internet concerning acquisition of tobacco products at producers and importers according to the Rules approved by this resolution, in time no later than 2 calendar months from the date of readiness of own software and hardware for information exchange with information system of monitoring;

d) enter into information system of monitoring of the data concerning acquisition of tobacco products at producers and importers according to the Rules approved by this resolution since July 1, 2019, concerning all actions on turnover of tobacco products since July 1, 2020.

6. Determine that the other organizations of wholesale trade by tobacco products:

a) perform the registration in information system of monitoring till June 30, 2020 (inclusive) or after June 30, 2020 within 7 calendar days from the date of origin at the organization of wholesale trade of need of implementation of the activities connected with turnover of tobacco products;

b) provide readiness of own software and hardware for information exchange with information system of monitoring no later than 21 calendar days from the date of registration in information system of monitoring in time;

c) pass test of information exchange of own software and hardware and information system of monitoring according to the procedure posted on the official site of the operator on the Internet concerning turnover of tobacco products according to the Rules approved by this resolution, in time no later than 2 calendar months from the date of readiness of own software and hardware for information exchange with information system of monitoring;

d) enter into information system of monitoring of the data concerning all actions on turnover of tobacco products according to the Rules approved by this resolution since July 1, 2020.

6(1). Determine that the organizations of wholesale trade by nikotinsoderzhashchy products:

a) submit to information system of monitoring the application for their registration in information system of monitoring since March 1, 2022, but no later than the 7th calendar day from the date of emergence of need of implementation of the activities connected with turnover of nikotinsoderzhashchy products;

b) provide readiness of own software and hardware for information exchange with information system of monitoring in time, not exceeding 14 calendar days from the date of registration in information system of monitoring;

c) enter into information system of monitoring of the data concerning all actions on turnover of nikotinsoderzhashchy products according to the Rules approved by this resolution since March 15, 2022.

7. Registration in information system in which information support of carrying out experiments according to the order of the Government of the Russian Federation of November 27, 2017 No. 1433 "About carrying out experiment on marking of tobacco products means of identification and to monitoring of turnover of tobacco products", and also according to the order of the Government of the Russian Federation of September 26, 2019 No. 1251 "About carrying out experiment on marking by means of identification and to monitoring of turnover of the separate types of tobacco products which are subject to obligatory marking since July 1, 2020" and the order of the Government of the Russian Federation of December 25, 2020 No. 2273 "About carrying out in the territory of the Russian Federation experiment on marking by means of identification and to monitoring of turnover of separate types of nikotinsoderzhashchy products", legal entities and individual entrepreneurs is performed which on end date of the corresponding experiment are his participants, it is equated to registration in information system of monitoring.

If the data provided within the specified experiments by such participants of turnover of tobacco and (or) nikotinsoderzhashchy products to information systems in which information support of carrying out experiments is performed do not meet the requirements of the Rules approved by this resolution, such participants of turnover of tobacco and (or) nikotinsoderzhashchy products enter missing and (or) urgent data in information system of monitoring in the terms established by Items 2 - 6(1) these resolutions for registration of participants of turnover of tobacco and (or) nikotinsoderzhashchy products in information system of monitoring.

Determine that the tobacco products marked by the means of identification transformed by participants of turnover of tobacco products from the codes of marking provided to them by the operator of information system of monitoring till July 1, 2019 are recognized marked properly on condition of reflection of information system of monitoring by the operator in information system of monitoring of the data on drawing received from participants of turnover of tobacco products on such tobacco products of means of identification as of July 1, 2019.

Determine that the nikotinsoderzhashchy products marked by the means of identification transformed by participants of turnover of tobacco products from the codes of marking provided to them by the operator of information system of monitoring till March 1, 2022 are recognized marked properly on condition of reflection of information system of monitoring by the operator in information system of monitoring of the data on drawing received from participants of turnover of tobacco products on such nikotinsoderzhashchy products of means of identification as of March 1, 2022.

Determine that the participants of turnover of nikotinsoderzhashchy products registered in information system of monitoring, having the right to put funds of identification for nikotinsoderzhashchy products and to represent to information system of monitoring of the data on drawing means of identification, input in turnover, turnover and conclusion from turnover of nikotinsoderzhashchy products according to the Rules approved by this resolution since March 1, 2022 at the same time participants of turnover of nikotinsoderzhashchy products have the right to perform till October 1, 2023 marking by means of identification of the nikotinsoderzhashchy products which were in circulation as of March 1, 2022 according to the procedure established by the specified Rules for marking of remaining balance of the tobacco products specified in the Section II of appendix to the specified Rules.

8. Determine that the operator of information system of monitoring provides:

a) equipment of producers and importers of tobacco and (or) nikotinsoderzhashchy products devices of registration of issue or provision by it of remote access to such devices of registration of issue placed in infrastructure of information system of monitoring on the conditions provided by the Rules approved by this resolution, in time no later than 30 calendar days from the date of obtaining from participants of turnover of tobacco and (or) nikotinsoderzhashchy products of the request for receipt of such devices or remote access to them;

b) the organization of testing of information exchange of software and hardware of participants of turnover of tobacco and (or) nikotinsoderzhashchy products and information system of monitoring in time no later than 30 calendar days from the date of obtaining from participants of turnover of tobacco and (or) nikotinsoderzhashchy products of the notification of the readiness to information exchange with information system of monitoring.

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