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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of November 12, 2014 No. 107

About the technical regulation of the Customs union "The technical regulation on tobacco products"

According to article 3 of the Agreement on the Eurasian economic commission of November 18, 2011 Council of the Eurasian economic commission solved:

1. Accept the enclosed technical regulation of the Customs union "The technical regulation on tobacco products" (TR CU 035/2014).

2. Determine that the technical regulation of the Customs union "The technical regulation on tobacco products" (TR CU 035/2014) becomes effective since May 15, 2016.

3. To the Ministries of Health of state members of the Customs union and Common economic space in three-months time to handle issue of preparation of the international treaty on prohibition of production, import and the address of not smoking tobacco products in the territories of state members of the Customs union and the Common economic space.

4. Determine that before adoption of the international treaty, the stipulated in Item 3 presents of the Decision, production, import and the address of not smoking tobacco products in the territories of state members of the Customs union and the Common economic space is performed according to the legislation of state members of the Customs union and the Common economic space.

5. 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 Belarus

 

S. Rumas

from the Republic of Kazakhstan

B. Sagintayev

from the Russian Federation

I. Shuvalov

Accepted by the Decision of Council of the Eurasian economic commission of November 12, 2014, No. 107

Technical regulation of the Customs union "The technical regulation on tobacco products" (TR CU 035/2014)

This technical regulation is developed according to the Agreement on the single principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of November 18, 2010 and taking into account separate provisions of the Framework convention of the World Health Organization on fight against tobacco.

This technical regulation establishes obligatory for application and execution on customs area of the Customs union of the requirement to the tobacco products released on customs area of the Customs union, and also the requirement to information (marking) placed on consumer packaging of tobacco products for ensuring its free movement.

If concerning tobacco products other technical regulations of the Customs union establishing requirements to tobacco products, and also requirements to information (marking) placed on consumer packaging are accepted, tobacco products and information (marking) placed on consumer packaging shall conform to requirements of all technical regulations of the Customs union which action extends to them.

I. Scope

1. This technical regulation is developed for the purpose of protection of life and health of the person, the environment, the prevention of the actions misleading consumers of tobacco products concerning its appointment and safety and extends to the tobacco products released on customs area of the Customs union.

2. Action of this technical regulation does not extend to the following tobacco products:

a) the samples of tobacco products imported on customs area of the Customs union by laboratories, manufacturers of tobacco products and (or) importers (sellers) and intended for quality control and safety, for measurements according to international standards, carrying out interlaboratory comparative researches, measurements of the normalized parameters according to requirements of technical regulations of the Customs union, calibration of the equipment, comparative tests, carrying out tastings, studying of design;

b) the samples of tobacco products imported on customs area of the Customs union by organizers and (or) participants of the international exhibitions and fairs as samples and exhibits;

c) tobacco products which are exported according to agreements in foreign trade out of limits of customs area of the Customs union;

d) not smoking tobacco products.

3. This technical regulation establishes obligatory for application and execution on customs area of the Customs union of the requirement to tobacco products, information (marking) placed on consumer packaging of tobacco products, and also form, the scheme and assessment procedure of compliance of tobacco products.

II. Basic concepts

4. For the purposes of application of this technical regulation the following concepts and their determinations are used:

"bidet" – type of the smoking tobacco product consisting of the mix of the crushed tobacco leaves, tobacco veins and stalks wrapped in the dried-up leaf to tent tied with thread;

"type of tobacco product" – set of the smoking rooms or not smoking tobacco products similar on consumer properties and method of consumption;

"release of tobacco products in the address" – delivery or import of tobacco products (including sending from warehouse of the manufacturer or shipment without warehousing) for the purpose of distribution on customs area of the Customs union during business activity on non-paid or paid basis;

"identification of tobacco products" – the procedure of reference of tobacco products to scope of this technical regulation;

"manufacturer" – the legal entity or physical person registered as the individual entrepreneur including the foreign manufacturer who perform on its own behalf production or production and realization of tobacco products and meet for its compliance the requirements of this technical regulation;

"importer" – the resident of state member of the Customs union and the Common economic space who concluded with the nonresident of state member of the Customs union and the Common economic space the agreement in foreign trade on import of tobacco products to customs area of the Customs union and also enables the realization of tobacco products and bears responsibility for its compliance to requirements of this technical regulation;

"ingredient" – the substance (except for tobacco leaf and other parts of tobacco) used in case of production of tobacco product and which is present at finished tobacco product, including at the changed form;

"controlling organization" – the organization which exercises control of the production process in case of production of tobacco products used by raw materials and materials, and also quality of tobacco products of the manufacturer;

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