ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 30, 2022 No. 2173

About approval of Rules of marking of beer, the drinks made on the basis of beer and separate types of low alcohol drinks 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 beer, the drinks made on the basis of beer and separate types of low alcohol drinks

The government of the Russian Federation decides:

1. Approve the enclosed Rules of marking of beer, the drinks made on the basis of beer and separate types of low alcohol drinks by means of identification.

2. Determine that participants of turnover of beer, the drinks made on the basis of beer and separate types of low alcohol drinks means of identification (further - beer and low alcohol drinks) according to the Rules approved by this resolution:

a) give to the state information system of monitoring of turnover of goods, subject to obligatory marking by means of identification (further - information system of monitoring), the statement for registration in information system of monitoring since March 1, 2023, but no later than 7 calendar days from the date of the beginning of implementation by producers and (or) importers of the activities connected with the production or import to the territory of the Russian Federation of beer and low alcohol drinks or from the date of the beginning of implementation specified or other participants of turnover of the activities connected with conclusion from turnover of beer and low alcohol drinks concerning which the conclusion prohibition from turnover not marked by means of identification (except for participants of turnover of beer and low alcohol drinks is established the provisions of Items 3 and 7 of article 2 of the Federal law "About Use of the Control and Cash Equipment when Implementing Calculations in the Russian Federation" falling under action (further - participants of turnover of beer and low alcohol drinks in the remote or remote areas). At the same time participants of turnover of beer and low alcohol drinks in the remote or remote areas perform the registration in information system of monitoring within 30 calendar days from the date of the beginning of implementation by producers and (or) importers of the activities connected with the production or import to the territory of the Russian Federation of beer and low alcohol drinks or from the date of the beginning of implementation specified or other participants of turnover of the activities connected with conclusion from turnover of beer and low alcohol drinks;

and (1)) perform the registration in information system of monitoring by the direction in information system of monitoring of the statement for registration in information system of monitoring since September 1, 2024 prior to implementation of the activities connected with input in turnover, turnover and conclusion from turnover (irrespective of the bases) in the territory of the Russian Federation beer and low alcohol drinks (except for the participants of turnover of beer and low alcohol drinks which are subject to registration in information system of monitoring according to the subitem "an" of this Item). At the same time participants of turnover of beer and low alcohol drinks in the remote or remote areas perform the registration in information system of monitoring within 30 calendar days from the date of the beginning of implementation of the activities connected with input in turnover by them and (or) turnover, and (or) retail sale of beer and low alcohol drinks;

b) provide no later than 15 calendar days from the date of registration in information system of monitoring readiness of own software and hardware for information exchange with information system of monitoring and send to the operator of information system of monitoring the request for passing of testing of information exchange electronically;

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 the transactions connected with marking of beer and low alcohol drinks means of identification, their input in turnover, turnover and conclusion from turnover according to the Rules approved by this resolution no later than 15 calendar days from the date of readiness of own software and hardware for information exchange with information system of monitoring and the direction of the request for passing of testing of information exchange according to the subitem "b" of this Item;

d) participants of turnover of beer and low alcohol drinks after registration in information system of monitoring and passing of testing of information exchange send to the operator of information system of monitoring electronically the request for provision of remote access to the issue registration device placed in infrastructure of information system of monitoring.

3. Determine that:

a) producers and importers of beer and low alcohol drinks:

put funds of identification for beer and low alcohol drinks and represent to information system of monitoring of the data on drawing funds of identification for beer and low alcohol drinks according to the Rules approved by this resolution:

concerning beer and the low alcohol drinks packed into keg since April 1, 2023;

concerning beer and the low alcohol drinks packed into glass or plastic consumer packaging since October 1, 2023;

concerning beer and the low alcohol drinks packed into other types of consumer packaging - since January 15, 2024;

represent to information system of monitoring of the data according to the Rules approved by this resolution about input in turnover of beer and low alcohol drinks in kega - since December 1, 2024, about input in turnover of beer and low alcohol drinks in consumer packaging - since May 1, 2025;

b) participants of turnover of beer and low alcohol drinks represent to information system of monitoring of the data according to the Rules approved by this resolution:

since March 1, 2025 - about turnover of beer and low alcohol drinks in the kega made or imported (imported) into the Russian Federation from the specified date including data on their movement between own structural or separate divisions;

since September 1, 2025 - about the turnover of beer and low alcohol drinks in consumer packaging made or imported (imported) into the Russian Federation from the specified date including data on their movement between own structural or separate divisions;

since March 1, 2025 - about conclusion from turnover of beer and low alcohol drinks in the kega made or imported (imported) into the Russian Federation from the specified date for the reasons which are not connected with their retail sale;

since September 1, 2025 - about conclusion from the turnover of beer and low alcohol drinks in consumer packaging made or imported (imported) into the Russian Federation from the specified date for the reasons which are not connected with their retail sale;

c) participants of turnover of beer and low alcohol drinks have the right to represent to information system of monitoring of the data on input in turnover of beer and low alcohol drinks, their turnover and conclusion from turnover before dates when transfer of such data becomes obligatory;

d) participants of turnover of beer and low alcohol drinks in the remote or remote areas represent the data specified in the Sections VIII-XIII of the Rules approved by this resolution within 30 calendar days:

following behind day of conclusion from turnover of beer and low alcohol drinks, - if conclusion of beer and low alcohol drinks from turnover is performed;

from the date of change of the data provided by Sections III, IV and IX of the Rules approved by this resolution - in case of change of such data;

e) accounting of the marked beer and low alcohol drinks in Unified State Automated Information System of accounting of production volume and turnover of ethyl alcohol, alcoholic and alcohol-containing products is performed according to Rules of maintaining and functioning of Unified State Automated Information System of accounting of production volume and turnover of ethyl alcohol, alcoholic and alcohol-containing products, and also accounting of information on production volume, turnover and (or) use of ethyl alcohol, alcoholic and alcohol-containing products, about concentration of denaturant substances in the denatured ethyl alcohol (denatured alcohol), about use of production capacities, amount of the collected grapes used for production of wine-making products approved by the order of the Government of the Russian Federation of December 31, 2020 No. 2466 "About maintaining and functioning of Unified State Automated Information System of accounting of production volume and turnover of ethyl alcohol, alcoholic and alcohol-containing products".

4. Determine that:

movement on the territory of the Russian Federation, transportation (transportation) by producer of beer and low alcohol drinks from the territory in which their production, and also import to the Russian Federation from the territory of state members of the Eurasian Economic Union or the room under customs procedures of release for internal consumption or reimport of beer and low alcohol drinks, the imported (imported) with territory states which are not members of the Eurasian Economic Union and also imported on other part of the territory of the Russian Federation of beer and the low alcohol drinks made in the territories of the special (free) economic zones or the territories equated to them from the foreign raw materials placed under customs procedure of free customs zone or made in the territory of free warehouse from the foreign raw materials placed under customs procedure of free warehouse is performed without drawing on beer and low alcohol drinks of means of identification and without representation in information system of monitoring of data on marking of beer and low alcohol drinks means of identification do not allow concerning beer and the low alcohol drinks packed into keg since April 1, 2023, concerning beer and the low alcohol drinks packed into glass or plastic consumer packaging - since October 1, 2023, concerning beer and the low alcohol drinks packed into other types of consumer packaging - since January 15, 2024. The specified prohibition does not extend on unmarked the beers and low alcohol drinks made in the territory of the Russian Federation, or issued for internal consumption or reimport, or imported into the Russian Federation from the territory of state members of the Eurasian Economic Union before the corresponding date established by the subitem "an" of Item 3 of this resolution with which drawing funds of identification for beer and low alcohol drinks in the corresponding types of packaging becomes obligatory;

input in turnover of beer and the low alcohol drinks which are subject to marking by means of identification without the means of identification and representation applied on them in information system of monitoring of data on marking of beer and low alcohol drinks is not allowed by means of identification;

conclusion from turnover of beer and low alcohol drinks without the means of identification and representation applied on them in information system of monitoring of data on conclusion from turnover of beer and low alcohol drinks is allowed concerning beer and the low alcohol drinks packed into keg till April 1, 2024. Turnover and conclusion from turnover of beer and low alcohol drinks without the means of identification and representation applied on them in information system of monitoring of data on conclusion from turnover of beer and low alcohol drinks are allowed concerning beer and the low alcohol drinks packed into consumer packaging which expiration date does not exceed 365 days, - till January 15, 2025, concerning beer and low alcohol drinks which expiration date constitutes more than 365 days, - before the termination of expiration date.

5. Registration in the information system used for the purpose of ensuring carrying out experiment according to the order of the Government of the Russian Federation of February 17, 2021 with No. 204 "About carrying out in the territory of the Russian Federation experiment on marking of beer, the drinks made on the basis of beer and separate types of low alcohol drinks means of identification" (further - experiment), legal entities and individual entrepreneurs who as of February 28, 2023 were participants of experiment is equated to registration in information system of monitoring according to the subitem "an" of Item 2 of this resolution.

If the data provided within the experiment by participants of turnover of beer and low alcohol drinks to information system in which information support of carrying out experiment is performed do not meet the requirements of the Rules approved by this resolution, participants of turnover of beer and low alcohol drinks represent to information system of monitoring missing and (or) urgent data no later than April 1, 2023.

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

a) the organization of testing of information exchange of software and hardware of participants of turnover of beer and low alcohol drinks and information system of monitoring no later than 15 calendar days from the date of obtaining from the participants of turnover of beer and low alcohol drinks registered in information system of monitoring, the notification of the readiness to information exchange with information system of monitoring;

b) provision to participants of turnover of beer and low alcohol drinks of remote access to the issue registration devices placed in infrastructure of information system of monitoring on the conditions provided by the Rules approved by this resolution no later than 30 calendar days from the date of obtaining from the participants of turnover of beer and low alcohol drinks registered in information system of monitoring, the request for provision of remote access to the issue registration device electronically.

7. Operation of this resolution does not extend to beer and low alcohol drinks on which according to the Rules approved by this resolution, and international treaties of the Russian Federation requirements about obligatory marking by means of identification do not extend.

8. Determine that with approach of the corresponding date established by the subitem "an" of Item 3 of this resolution with which drawing funds of identification for specific types of packaging of beer and low alcohol drinks becomes obligatory provision to producers and importers of beer and low alcohol drinks of the codes of marking necessary for forming of means of identification, is performed by the operator of information system of monitoring on paid basis according to the Rules approved by this resolution. From the date of entry into force of this resolution provision to the producer or the importer of beer and low alcohol drinks according to their request of the codes of marking necessary for forming of means of identification, can be performed by the operator of information system of monitoring before the corresponding date installed by the subitem "an" of Item 3 of this resolution with which drawing funds of identification for specific types of packaging of beer and low alcohol drinks becomes obligatory. Such codes of marking are provided by the operator of information system of monitoring on a grant basis. At the same time the producer or the importer of beer and low alcohol drinks who received marking codes on a grant basis provides their transformation to means of identification and submits in information system of monitoring the report on drawing means of identification before the corresponding date established by the subitem "an" of Item 3 of this resolution with which drawing funds of identification for specific types of packaging of beer and low alcohol drinks becomes obligatory.

The operator of information system of monitoring enters into information system of monitoring information on drawing means of identification specified by the producer or the importer of beer and low alcohol drinks in the report on drawing means of identification after receipt of such report. The service in provision of codes of marking is recognized the information system of monitoring rendered by the operator at the time of entering of information system of monitoring by the operator into information system of monitoring of information on drawing means of the identification specified by the producer or the importer of beer and low alcohol drinks in the report on drawing means of identification.

If the producer or the importer of beer and low alcohol drinks who received marking codes on a grant basis did not provide their transformation to means of identification and did not submit in information system of monitoring the report on drawing means of identification before the corresponding date established by the subitem "an" of Item 3 of this resolution with which drawing funds of identification for specific types of packaging of beer and low alcohol drinks becomes obligatory, such codes of marking are paid by the producer or the importer of beer and low alcohol drinks or cancelled according to the Rules approved by this resolution.

9. This resolution becomes effective since March 1, 2023.

Approved by the Order of the Government of the Russian Federation of November 30, 2022 No. 2173

Rules of marking of beer, drinks made on the basis of beer and separate types of low alcohol drinks means of identification

I. General provisions

1. These rules determine procedure for marking of beer, the drinks made on the basis of beer, and separate types of the low alcohol drinks which are subject to obligatory marking by means of identification, the requirement to participants of turnover of beer and low alcohol drinks, procedure for information exchange of participants of turnover of beer and the low alcohol drinks with the state information system of monitoring of turnover of goods which are subject to obligatory marking by means of identification (further - information system of monitoring), characteristics of means of identification, and also procedure for representation by participants of turnover of beer and low alcohol drinks of data on input in turnover, turnover and about conclusion from turnover of beer and low alcohol drinks, procedure for information exchange of information system of monitoring with Unified State Automated Information System of accounting of production volume and turnover of ethyl alcohol, alcoholic and alcohol-containing products (further - the single automated system).

2. The concepts used in these rules mean the following:

"aggregation" - process of consolidation of keg in shipping package, or consumer packagings in group and (or) in shipping package, or keg and (or) shipping packages in shipping package of higher level, or group packagings in shipping package with preserving information on interrelation of codes of identification of each enclosed consumer packaging or keg with code of identification of the created group and (or) shipping package, and also about interrelation of codes of identification of each enclosed group or shipping package with code of identification of the created shipping package and drawing appropriate means of identification on group packaging or identification code on shipping package for the purpose of ensuring traceability of movement of beer and low alcohol drinks on goods distribution chain without the need for opening of the created group and (or) shipping package;

"aggregative customs code" - the unique sequence of symbols for each separate set of goods representing consolidation of codes of identification, including codes of identification of the packaging uniting goods in the course of aggregation, created by the operator of information system of monitoring for the purpose of identification of goods according to these rules and used by the participant of turnover of beer and low alcohol drinks in case of customs declaration of goods. At the same time consolidation in aggregative customs code of codes of identification of goods which part is already included in code of identification of shipping (group) package or in other aggregative customs code is not allowed;

"validation of means of identification" - quality evaluation of transformation of code of marking to means of identification and its drawing regarding compliance of its structure to requirements of these rules;

"input of beer and low alcohol drinks in turnover" - in case of production of beer and low alcohol drinks:

in the territory of the Russian Federation, including cases of production of beer and low alcohol drinks from the foreign raw materials placed under customs procedure of free customs zone or under customs procedure of free warehouse - representation in information system of monitoring of data according to Item 70 of these rules;

out of the territory of the Russian Federation (except for beer and the low alcohol drinks imported from state members of the Eurasian Economic Union) - release by customs authorities of beer and the low alcohol drinks imported (imported) into the Russian Federation according to customs procedures of release for internal consumption or reimport and receipt of data from customs authorities according to Items 92 or 93 of these rules;

out of the territory of the Russian Federation concerning beer and the low alcohol drinks imported from state members of the Eurasian Economic Union within cross-border trade on customs area of the Eurasian Economic Union - import by the legal entity accredited by branch of the foreign legal entity in the Russian Federation of beer and low alcohol drinks to the Russian Federation and representation in information system of monitoring of data according to Item 80 of these rules.

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