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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of September 23, 2022 No. 152

About introduction of marking of cigarettes of electronic and similar individual electric evaporating devices means of identification

According to item 4 of article 7 of the Agreement on marking of goods means of identification in the Eurasian Economic Union of February 2, 2018 Council of the Eurasian economic commission solved:

1. State members of the Eurasian Economic Union (further - state members) independently determine Date of Introduction and procedure for marking by means of identification (further - marking) cigarettes of electronic and similar individual electric evaporating devices (further - goods) in the territory according to this Decision and not later than 6 months before such date notify on it the Eurasian economic commission (further - the Commission). At the same time the prohibition on input cannot be introduced into circulation of unmarked goods before the terms established in the inventory, which are subject to marking by means of identification approved by this Decision (further - the list).

2. Determine that:

the goods included in the list are subject to marking;

marking of remaining balance of the goods included in the list is performed according to the procedure and the terms established by the legislation of state member;

state members in case of introduction of marking in the territory can establish requirements about drawing of goods of the material carrier containing elements (means) of protection against counterfeit (further - the protected material carrier) if the goods according to the legislation of such state members belong to the category of excise goods. The procedure for drawing, format and characteristics of such protected material carrier are established by the legislation of state members in which requirements about drawing such carriers are introduced;

means of identification can be applied or on consumer packaging of goods, or on the protected material carrier or the material carrier without protection (at the choice of the participant of the turnover of goods performing drawing means of identification);

state members for the purpose of ensuring functioning of national components of information systems of marking of goods determine national operators (administrators) of national components of information systems of marking of goods (further - the national operator);

interaction of state members is performed according to the procedure, means of the identification in the Eurasian Economic Union approved by the Decision of Council of the Eurasian economic commission of March 5, 2021 No. 19 provided by basic technological organizational model of system of marking of goods;

state members in case of introduction of marking in the territory according to this Decision provide cryptographic protection of means of identification according to the Decision of Council of the Eurasian economic commission of April 23, 2021 to No. 41 "About single mechanisms of cryptographic protection when marking goods means of identification in the Eurasian Economic Union";

input in turnover of the marked goods imported within cross-border trade from the territory of one state member on the territory of state member in which according to its legislation the goods are referred to category of excise goods is performed under condition:

transfers by the importer to the national operator of this state member of the data confirming complete payment of excise on the imported goods if the legislation of this state member does not establish other;

availability on consumer packaging of the protected material carrier and transfer by the importer to the national operator of this state member of data on such put carrier if in the territory of this state member turnover of goods is allowed on condition of drawing on their packaging of the protected material carrier.

Drawing the protected material carrier on the goods imported within cross-border trade on the territory of state member in which such requirement is introduced is provided with the importer before import to the territory of this state member or in the territory of this state member in the storage facilities determined by the legislation of this state member for marking of goods.

State members in which marking of goods by means of identification according to this Decision is entered and are established requirements about drawing the protected material carrier, within 2 years from the date of the introduction of this Decision in force will consider question of cancellation of requirements for drawing such carrier.

3. Approve enclosed:

the inventory, subject to marking by means of identification;

characteristics of means of identification of goods, requirements to structure and structure of information containing in means of identification of goods, procedure for generation and drawing such means of identification;

requirements to format, structure and structure of data on the marked goods transferred between competent (authorized) bodies of state members and between competent (authorized) bodies of state members and the Eurasian economic commission and also terms of transfer of such data;

the minimum scope of information about the marked goods, the goods containing in information system of marking, access to which is provided to consumers and others (legal and physical) to interested persons, including by means of information services as a part of national components and integration component of information system of marking of goods.

4. This Decision becomes effective after 30 calendar days from the date of its official publication.

Members of council of the Eurasian economic commission:

From the Republic of Armenia

M. Grigoryan

From the Republic of Belarus

I. Petrishenko

From the Republic of Kazakhstan

S. Zhumangarin

From the Kyrgyz Republic

A. Kasymaliyev

From the Russian Federation

A. Overchuk

 

Approved by the Decision of Council of the Eurasian economic commission of September 23, 2022 No. 152

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