ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 1, 2024 No. 259

About modification of the Order of the Government of the Russian Federation of February 28, 2019 No. 224

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to the order of the Government of the Russian Federation of February 28, 2019 No. 224 "About approval of Rules of marking of tobacco, nikotinsoderzhashchy and nicotine free 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, nikotinsoderzhashchy and nicotine free products" (The Russian Federation Code, 2019, No. 11, Art. 1117; No. 39, Art. 5445; 2020, No. 10, Art. 1345; No. 27, Art. 4238; 2021, No. 6, Art. 976; 2022, No. 9, Art. 1344; No. 49, Art. 8690).

2. This resolution becomes effective after 30 days after day of its official publication, except for the Section VIII, subitems "i" - "l" of Item 75 and the subitem "p" of Item 93 of Rules of marking by means of identification of tobacco and nikotinsoderzhashchy products and the organization of traceability of tobacco and nikotinsoderzhashchy products and raw materials for production of such products approved by the order of the Government of the Russian Federation of February 28, 2019 No. 224 "About approval of Rules of marking by means of identification of tobacco and nikotinsoderzhashchy products and the organization of traceability of tobacco and nikotinsoderzhashchy products and raw materials for production of such products and also about 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" (in edition of this resolution), which become effective since July 1, 2024.

Approved by the Order of the Government of the Russian Federation of March 1, 2024 No. 259

Changes which are made to the Order of the Government of the Russian Federation of February 28, 2019 No. 224

1. State the name in the following edition:

"About approval of Rules of marking by means of identification of tobacco and nikotinsoderzhashchy products and the organization of traceability of tobacco and nikotinsoderzhashchy products and raw materials for production of such products, and also about 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".

2. State Item 1 in the following edition:

"1. Approve the enclosed Rules of marking by means of identification of tobacco and nikotinsoderzhashchy products and the organization of traceability of tobacco and nikotinsoderzhashchy products and raw materials for production of such products.".

3. In the text of Item 2 (to exclude 1.1) words "and nicotine free".

4. Item 2 in paragraph one (2) words", and (or) nikotinsoderzhashchy, and (or) nicotine free" shall be replaced with words "and (or) nikotinsoderzhashchy".

5. In Item 3:

a) in the text of paragraph one of the word", and (or) nikotinsoderzhashchy, and (or) nicotine free" shall be replaced with words "and (or) nikotinsoderzhashchy";

b) in paragraph five of the word "and nicotine free" to exclude.

6. In the text of item 4 (to exclude 1.1) words "and nicotine free".

7. In the text of item 4 (2) words", and (or) nikotinsoderzhashchy, and (or) nicotine free" shall be replaced with words "and (or) nikotinsoderzhashchy".

8. In the text of Item 6 (the words "and nicotine free" to exclude 2).

9. In the text of Item 8 of the word", and (or) nikotinsoderzhashchy, and (or) nicotine free" shall be replaced with words "and (or) nikotinsoderzhashchy".

10. In paragraph seven of Item 9 of the word "and nicotine free" to exclude.

11. Add with Items 11 (1) - 11(4) following contents:

"11(1). Determine that participants of turnover of the tobacco and (or) nikotinsoderzhashchy products specified in items 4 and 10 parts 3 of article 5 of the Federal law "About State Regulation of Production and Turnover of Tobacco Products, Tobacco Products, Nikotinsoderzhashchy Products and Raw Materials for Their Production" which is not subject to obligatory marking by means of identification according to the Rules approved by this resolution:

a) perform the registration in information system of monitoring within 7 calendar days from the date of emergence of need of implementation of the activities connected with turnover of tobacco and nikotinsoderzhashchy products;

b) enter into information system of monitoring of the data on production volume and turnover of the tobacco and (or) nikotinsoderzhashchy products which are not subject to obligatory marking by means of identification according to the Rules approved by this resolution since April 8, 2024;

c) enter into information system of monitoring of the data on the remaining balance of the tobacco and (or) nikotinsoderzhashchy products which are not subject to obligatory marking by means of identification available for them no later than April 22, 2024.

11(2). Determine that in the territory of the Russian Federation production and turnover of the tobacco and (or) nikotinsoderzhashchy products specified in items 4 and 10 parts 3 of article 5 of the Federal law "About State Regulation of Production and Turnover of Tobacco Products, Tobacco Products, Nikotinsoderzhashchy Products and Raw Materials for Their Production" which is not subject to obligatory marking by means of identification without transfer to information system of monitoring of data on production and turnover of such products are allowed till April 22, 2024 inclusive.

11(3). Determine that participants of turnover of raw materials for production of tobacco and (or) nikotinsoderzhashchy products according to the Rules approved by this resolution:

a) perform the registration in information system of monitoring within 7 calendar days from the date of emergence of need of implementation of the activities connected with production and (or) turnover of raw materials for production of tobacco and (or) nikotinsoderzhashchy products;

b) enter into information system of monitoring of the data on production volume and turnover of raw materials for production of tobacco and (or) nikotinsoderzhashchy products since April 8, 2024;

c) enter into information system of monitoring of the data on the raw materials remaining balance which is available for them for production of tobacco and (or) nikotinsoderzhashchy products no later than April 22, 2024.

11(4). Determine that in the territory of the Russian Federation production and turnover of raw materials for production of tobacco and (or) nikotinsoderzhashchy products without transfer to information system of monitoring of data on production and turnover of raw materials for production of tobacco and (or) nikotinsoderzhashchy products are allowed till April 8, 2024".

12. The rules of marking of tobacco, nikotinsoderzhashchy and nicotine free products means of identification approved by the specified resolution to state in the following edition:

"Are approved by the Order of the Government of the Russian Federation of February 28, 2019 No. 224
(in edition of the Order of the Government of the Russian Federation of March 1, 2024 No. 259)

Rules of marking by means of identification of tobacco and nikotinsoderzhashchy products and the organization of traceability of tobacco and nikotinsoderzhashchy products and raw materials for production of such products

I. General provisions

1. These rules are established:

a) procedure for marking of tobacco and nikotinsoderzhashchy products means of identification (further - means of identification), characteristics of means of identification and procedure for their drawing;

b) procedure for representation by participants of turnover of tobacco and (or) nikotinsoderzhashchy products in the state information system of monitoring of turnover of goods, subject to obligatory marking by means of identification (further - information system of monitoring), information on input in turnover, turnover and conclusion from turnover of the tobacco and (or) nikotinsoderzhashchy products marked by means of identification;

c) order of interaction of information system of monitoring with the state information systems and information systems of participants of turnover of tobacco and (or) nikotinsoderzhashchy products and participants of turnover of tobacco and (or) nicotinic raw materials;

d) procedure for representation in information system of monitoring of information for the purpose of accounting of production volume and turnover of the tobacco and (or) nikotinsoderzhashchy products specified in items 4 and 10 parts 3 of article 5 of the Federal law "About State Regulation of Production and Turnover of Tobacco Products, Tobacco Products, Nikotinsoderzhashchy Products and Raw Materials for Their Production" and also about amount of raw materials and nicotinic raw materials, including:

order of registration of participants of turnover of tobacco and nikotinsoderzhashchy products and raw materials for production of such products in information system of monitoring;

order of registration of tobacco and nikotinsoderzhashchy products in information system of monitoring;

procedure for representation by participants of turnover of tobacco and (or) nikotinsoderzhashchy products in information system of monitoring of information on production volume and turnover of tobacco and (or) nikotinsoderzhashchy products, including about the termination of turnover of such products;

procedure for representation by participants of turnover of tobacco and (or) nicotinic raw materials in information system of monitoring of information on production volume and turnover of such raw materials, including about the termination of its turnover.

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

"aggregation" - process of consolidation of consumer packagings of tobacco and (or) nikotinsoderzhashchy products in group packaging of tobacco and (or) nikotinsoderzhashchy products (further - group packaging) and (or) shipping package of tobacco and (or) nikotinsoderzhashchy products (further - shipping package) or sets, group and (or) shipping packages in shipping package with preserving information on interrelation of codes of identification of each enclosed consumer packaging of tobacco and (or) nikotinsoderzhashchy products with code of identification of the created group and (or) shipping package, and also about interrelation of codes of identification of each enclosed sets, group or shipping package with code of identification of the created shipping package and drawing appropriate means of identification on group packaging or code of identification of shipping package for the purpose of ensuring traceability of movement of tobacco and (or) nikotinsoderzhashchy products 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 of each goods, including codes of identification of the packaging combining goods in the course of aggregation, created by the operator for the purposes of identification of goods according to these rules, used by the participant of turnover of goods in case of customs declaration of goods;

"input of tobacco and (or) nikotinsoderzhashchy products in turnover":

in case of production of tobacco and (or) nikotinsoderzhashchy products in the territory of the Russian Federation, including cases of production of tobacco and (or) nikotinsoderzhashchy products in the territories of special (free) economic zones or in the territories equated to them from the foreign raw materials placed under customs procedure of free customs zone or under customs procedure of free warehouse - primary paid or voluntary conveyance of tobacco and (or) nikotinsoderzhashchy products from the producer of tobacco and (or) nikotinsoderzhashchy products to the new owner or the other person in the territory of the Russian Federation for the purpose of its alienation to such person or for the subsequent realization which makes it available for distribution and (or) use;

in case of production of tobacco and (or) nikotinsoderzhashchy products out of the territory of the Russian Federation (except for the tobacco and (or) nikotinsoderzhashchy products imported from state members of the Eurasian Economic Union) - release by customs authorities of the goods imported (imported) into the Russian Federation according to customs procedures of release for internal consumption or reimport;

in case of production of tobacco and (or) nikotinsoderzhashchy products out of the territory of the Russian Federation concerning the tobacco and (or) nikotinsoderzhashchy products imported from state members of the Eurasian Economic Union - import by the legal entity or physical person registered as the individual entrepreneur (further - the individual entrepreneur), tobacco and (or) nikotinsoderzhashchy products to the Russian Federation;

paid or voluntary conveyance by legal entities and individual entrepreneurs of the tobacco and (or) nikotinsoderzhashchy products which are earlier acquired by them for the purposes which are not connected with its subsequent realization (sale) or according to the transaction which is not containing the data which are the state secret, the tobacco and (or) nikotinsoderzhashchy products which are earlier acquired according to the transaction, data on which are the state secret;

"conclusion of tobacco and (or) nikotinsoderzhashchy products from turnover" - realization (sale) of the marked tobacco and (or) nikotinsoderzhashchy products to the physical person for private consumption, withdrawal (confiscation), utilization, destruction, irretrievable loss, withdrawal of the tobacco and (or) nikotinsoderzhashchy products, realization and sale of the tobacco and (or) nikotinsoderzhashchy products which are earlier introduced into circulation or being in circulation in the territory of the Russian Federation, out of limits of the Russian Federation, sale of tobacco and (or) nikotinsoderzhashchy products to legal entities and individual entrepreneurs for use for the purpose of, not connected with its subsequent realization (sale), realization (sale) of tobacco and (or) nikotinsoderzhashchy products according to the transaction, data on which are the state secret, use for own needs, and also other actions, assuming the termination of further turnover of tobacco and (or) nikotinsoderzhashchy products in the territory of the Russian Federation;

"conclusion of tobacco and (or) nicotinic raw materials from turnover" - use of raw materials for production of tobacco or nikotinsoderzhashchy products or other tobacco and (or) nicotinic raw materials, write-off as a result of normative and above-standard losses (marriage, destruction (utilization), irretrievable loss, withdrawal of raw materials by the producer), withdrawal (confiscation), realization (sale) of raw materials according to the transactions attracting the termination of turnover of raw materials, including data on which are the state secret, export of raw materials from the Russian Federation, and also other actions assuming the termination of further turnover of raw materials;

"group packaging of tobacco and (or) nikotinsoderzhashchy products" - the packaging combining certain number of consumer packagings which can be also realized to the consumer;

"the importer of tobacco and (or) nikotinsoderzhashchy products" - the legal entity, accredited branch of the foreign legal entity in the Russian Federation or the individual entrepreneur performing import of tobacco and (or) nikotinsoderzhashchy products to the Russian Federation, except as specified transit movement of tobacco and (or) nikotinsoderzhashchy products through the territory of the Russian Federation;

"the importer of tobacco and (or) nicotinic raw materials" - the legal entity or the individual entrepreneur performing import of tobacco and (or) nicotinic raw materials to the Russian Federation, except as specified transit movement of tobacco and (or) nicotinic raw materials through the territory of the Russian Federation;

"individual serial number" - the symbolical sequence, it is unique identifying unit of tobacco and (or) nikotinsoderzhashchy products (consumer or group packaging of tobacco and (or) nikotinsoderzhashchy products) or set based on commodity code;

"the interface of electronic interaction" - set of the means and rules providing interaction of software and hardware of participants of turnover of tobacco and (or) nikotinsoderzhashchy products and information system of monitoring;

"the corrected universal transfer document" - the electronic source document about shipment of goods (about performance of works), about transfer of property rights (the document on rendering services) created by participants of turnover of goods in case of correction of the turnover of goods of the document containing mistakes which is earlier constituted by participants;

"identification code" - the sequence of symbols representing unique number of copy of goods;

"code of identification of group packaging" - the symbolical sequence created according to the requirements provided by the Section IX of these rules;

"set identification code" - the sequence of symbols representing unique number of copy of set, created for the purposes of set identification according to the procedure, provided by the Section IX of these rules;

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