On ratification of the Agreement on Labeling of Goods by Means of Identification in the Eurasian Economic Union

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The Law of the Republic of Kazakhstan dated March 1, 2019 No. 230-VI SAM.

To ratify the Agreement on Labeling of Goods by means of Identification in the Eurasian Economic Union, signed in Almaty on February 2, 2018.

President

Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT on Labeling of Goods by Means of Identification in the Eurasian Economic Union

The Member States of the Eurasian Economic Union, hereinafter referred to as the Member States,

guided by the Treaty on the Eurasian Economic Union of May 29, 2014,

Striving to implement a coherent, coordinated policy in the field of labeling goods by means of identification,

Desiring to ensure the lawful turnover of goods within the framework of the Eurasian Economic Union (hereinafter referred to as the Union), the protection of consumer rights and the prevention of actions misleading them, we have agreed as follows:

Article 1

For the purposes of this Agreement, concepts are used that mean the following::

The "unified register of means of identification" is a general information resource that includes a description of the means of identification used for labeling goods in the Union, information about their characteristics, composition and structure of information contained in the means of identification.;

"competent (authorized) authorities of the Member State" - the executive authorities of a member State authorized in accordance with the legislation of that State to ensure control over the turnover of goods, and (or) interdepartmental coordination of the activities of the executive authorities of a Member State to control the turnover of goods in respect of which a decision has been taken to introduce their labeling by means of identification, and (or) the functioning of the national component of the information system labeling of goods, and (or) coordination of activities to ensure its functioning;

"control (identification) mark" is a strict reporting form (document) with elements (means) of protection against counterfeiting (protected printing products), containing a means of identification and intended for labeling goods;

"marked goods" - goods on which identification means are applied in compliance with the established requirements and reliable information about which (including information about identification means applied to them and (or) material media containing identification means) is contained in the national component of the goods labeling information system;

"material carrier" is a control (identification) mark or object made of any materials that contains or does not contain anti-counterfeiting elements (means) and is intended for the application, storage and transfer of identification means.;

"turnover of goods" means the importation into the customs territory of the Union, storage, transportation, receipt and transfer of goods, including their purchase and sale in the territories of the Member States;

"wholesale trade" is a type of trading activity related to the purchase and sale of goods for their use in business activities (including for resale) or for other purposes not related to personal, family, household and other similar use.;

"remnants of goods subject to labeling" - goods in respect of which a decision has been taken to introduce labeling and which, as of the date of labeling, are in the possession, and (or) use, and (or) disposal of legal entities and individuals registered as individual entrepreneurs (hereinafter referred to as individual entrepreneurs) engaged in manufacturing and (or) the turnover of such goods;

"retail trade" is a type of trading activity related to the purchase and sale of goods for their use in personal, family, household and other purposes not related to the implementation of entrepreneurial activities.;

"identification tool" is a unique sequence of characters in machine-readable form, represented as a bar code, or recorded on a radio frequency tag, or presented using another means (technology) of automatic identification.;

"cross-border trade" means wholesale trade carried out within the framework of mutual trade in goods from the territory of one Member State to the territory of another Member State.;

"issuers" - the executive authorities of the Member States and (or) organizations engaged in the manufacture, and (or) generation, and (or) sale (sale) of identification tools and (or) tangible media containing identification tools.

Other concepts used in this Agreement are applied in the meanings defined by the Treaty on the Eurasian Economic Union of May 29, 2014 and international treaties within the Union.

Article 2

1. This Agreement defines the procedure for labeling goods by means of identification standardized within the Union (hereinafter referred to as labeling of goods).

2. This Agreement applies to legal entities and individual entrepreneurs engaged in the production and (or) turnover of goods in respect of which a decision has been taken to introduce labeling, as well as to issuers.

Article 3

1. Labeling of goods may be introduced within the Union by decision of the Council of the Eurasian Economic Commission (hereinafter referred to as the Council of the Commission).

2. The Council of the Commission makes a decision on the introduction of labeling of goods based on the information submitted to the Eurasian Economic Commission (hereinafter - The Commission) by the Member States of proposals (with justification), an analysis of the feasibility of introducing labeling of goods (including information on the results expected by the Member State from the introduction of labeling, indicating the main consumers or groups of consumers of such goods), information on the impact of labeling on business conditions (including available information on the possible costs of legal entities and individual entrepreneurs). entrepreneurs, the ratio of the price of the product and the cost of the means of identification), the availability of the technological possibility of labeling such goods, as well as information about other commodity turnover control systems in force for such goods.

3. Goods are marked by applying identification means or material media containing identification means to them and/or their packaging.

4. Labeling of goods by applying means of identification to goods, their packaging or on a material carrier that does not contain elements (means) of protection against counterfeiting is allowed only if conditions are created that exclude the possibility of finding in legal circulation goods marked with illegal means of identification.

5. Information on means of identification is entered into the unified register of means of identification, the formation and maintenance of which is carried out by the Commission in electronic form. The procedure for the formation and maintenance of a unified register of identification tools is determined by the decision of the Commission.

Article 4

From the date of introduction of labeling of goods:

the storage, transportation, purchase and sale (sale) of unmarked goods subject to labeling in the territories of the Member States is prohibited, with the exception of the purchase and sale (sale) for the purpose of export outside the customs territory of the Union of such goods under customs control in customs control zones, in cases determined by the legislation of the Member States, transportation unmarked goods subject to labeling to the storage facilities determined in accordance with subparagraph "b" of paragraph 1 of Article 6 of this Agreement, storage of the specified goods in such premises, as well as with the exception of the goods specified in Article 8 of this Agreement. Storage, transportation, purchase and sale of unmarked remnants of goods are allowed in cases where labeling of the remnants of goods is not provided.;

labeling of goods imported (imported) into the customs territory of the Union is carried out before placing such goods under the customs procedures of release for domestic consumption or re-import, as well as in cases provided for by the legislation of the member States - before placing such goods under the customs procedure of a free customs zone, with the exception of goods specified in Article 8 of this Agreement.. Labeling of goods may be carried out after being placed under customs procedures for release for domestic consumption or re-import in warehouses designated in accordance with subparagraph "b" of paragraph 1 of Article 6 of this Agreement, if the possibility of such labeling is provided for by the legislation of the Member State.;

marking of goods outside the customs territory of the Union is allowed.;

labeling of goods by legal entities and individual entrepreneurs engaged in the production of goods subject to labeling is carried out before the start of transportation and (or) offering of such goods for sale, including before they are displayed at the place of sale, demonstration of their samples or presentation of information about them at the place of sale. except for the goods specified in Article 8 of this Agreement. Labeling is carried out at the places of their production, packaging (repackaging) and storage.

Article 5

1. When making a decision on the introduction of labeling of goods, the Council of the Commission approves a list of such goods with their codes in accordance with the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (hereinafter referred to as the EAEU Customs Code) and simultaneously determines:

a) means of identification, their characteristics, the order of their generation, as well as the composition and structure of information to be contained in means of identification based on information (if any) contained in the unified register of means of identification;

b) the date of introduction and the procedure for labeling the goods;

c) the format, composition and structure of information on marked goods transmitted between the competent (authorized) authorities of the Member States and between the competent (authorized) authorities of the Member States and the Commission, as well as the timing of the transmission of such information;

d) the need for labeling of the remaining goods in the Member States, including the timing and other requirements for labeling the remaining goods, or the absence of such a need;

e) the minimum composition of information about the marked product contained in the product labeling information system, access to which is provided to consumers and other interested parties, including through information services as part of the national components and the integration component of the product labeling information system.

2. With respect to specific goods or groups of goods, the Council of the Commission may supplement or cancel the operations (stages of turnover) specified in paragraphs three to seven of Article 9 of this Agreement, in which legal entities and individual entrepreneurs engaged in the turnover of marked goods are required to transmit information about such goods to the competent (authorized) body. the Member State in whose territory they are registered (accredited).

3. The decision of the Council of the Commission on the introduction of labeling of goods shall enter into force no later than 90 calendar days after the date of the official publication of such decision.

4. The Member States shall inform the Commission of their competent (authorized) bodies within a period not exceeding 60 calendar days from the date of entry into force of the decision of the Council of the Commission on the introduction of labeling of goods.

5. From the date of the introduction of labeling of goods within the Union for goods marked in accordance with the legislation of the Member States, such Member States shall ensure labeling of such goods on their territories in accordance with the requirements provided for by this Agreement and Commission acts adopted in accordance with it.

Article 6

1. The Member States, within a period not exceeding 120 calendar days from the date of entry into force of the decision of the Council of the Commission on the introduction of labeling of goods, but not later than the date of the introduction of labeling of goods:

a) determine the accounting procedure for identification tools and (if necessary) the procedure for the sale and accounting of material media containing identification tools;

b) form registers of issuers (if necessary);

c) establish (if necessary) requirements for storage facilities in which legal entities and individual entrepreneurs engaged in the turnover of goods subject to labeling are allowed to label goods after they are placed under the procedure of release for domestic consumption or reimportation, and (or) determine (if necessary) a list of such storage facilities;

d) determine the requirements for the format, composition and structure of information transmitted by legal entities, individual entrepreneurs engaged in the production and turnover of goods subject to labeling, and issuers (if necessary) to the competent (authorized) authorities of their member States, as well as the timing of transmission of such information in addition to the requirements established by the Council of the Commission;

e) determine (if necessary) the procedure for labeling the remnants of goods to be labeled, in the event of a decision by the Council of the Commission on the need to label the remnants of goods.;

f) determine (if necessary) in addition to the operations (stages of turnover) specified in the third paragraphs - in the seventh paragraph of Article 9 of this Agreement, transactions (stages of turnover) in which legal entities and individual entrepreneurs engaged in the turnover of goods subject to labeling are required to transmit information about such goods to the competent (authorized) authorities of their member States, as well as requirements for the composition, structure, format and timing of transfer such information, unless otherwise determined by the Council of the Commission in accordance with paragraph 2 of Article 5 of this Agreement;

g) determine (if necessary) additional information about the marked goods and their means of identification, which consumers and other interested parties are provided with access to by the competent (authorized) authorities of the Member States and the Commission, including through information services as part of the national components and the integration component of the product labeling information system;

h) determine other requirements and conditions for the introduction of labeling of goods that do not contradict the provisions of this Agreement and the acts of the Commission adopted in accordance with it.

Article 7

1. Member States shall notify the Commission of their intentions to introduce in their territories labeling of goods not subject to labeling within the Union, as well as provide information on such goods and, if possible, on means of identification, methods of their application to goods and the date of introduction of labeling of goods.

2. The Commission, within 10 calendar days from the date of receipt of the notification referred to in paragraph 1 of this Article from one or more Member States, shall notify the other Member States thereof and include the issue in the agenda of the next meeting of the Commission Council.

3. If, within 3 months from the date of sending the notification referred to in paragraph 2 of this Article, the Council of the Commission has not decided, subject to the provisions of paragraph 2 of Article 3 of this Agreement, to introduce the labeling of goods provided for in paragraph 1 of Article 5 of this Agreement, the Member States may apply the labeling of goods in their territories in accordance with their legislation.

The provisions of the first paragraph of this paragraph do not apply to the labeling of goods used by Member States in their territories in accordance with their legislation on the date of entry into force of this Agreement.

4. If there is an intention by two or more Member States to introduce labeling for the same goods, as well as an intention to be guided by the provisions of this Agreement and to carry out information interaction between competent (authorized) authorities, the Member States may send a request to the Commission on the use of the integrated information system of the Union for such interaction. If necessary, the Board of the Commission makes appropriate decisions.

Article 8

The labeling requirements do not apply to:

goods placed under customs procedures for the purpose of their export outside the customs territory of the Union;

goods under customs control during their transportation;

samples and samples of goods in the required quantities intended for testing in order to assess compliance with the requirements of acts of the Union bodies, as well as regulatory technical acts of the Member States in the field of standardization, during their storage and transportation;

goods imported into the customs territory of the Union by organizers and participants of international exhibitions and fairs as samples and exhibits and not intended for sale;

goods that are foreign gratuitous (humanitarian) and international technical assistance registered in accordance with the procedure established by the legislation of the Member State;

goods purchased in the framework of retail trade and returned to sellers by buyers, subject to the availability of documents confirming the return of the goods, during their storage and transportation, carried out in accordance with the procedure established by the legislation of the Member State.;

goods when they are sold in duty-free shops;

goods stored under customs control in customs control zones, including temporary storage warehouses and customs warehouses;

goods when they are stored and used by the producers of these goods;

goods when they are stored by legal entities and individual entrepreneurs engaged in commission trade in goods received from individuals who are not individual entrepreneurs on the basis of contracts concluded with these individuals, which is carried out in accordance with the procedure established by the legislation of the Member State, prior to the offer of such goods for sale (sale), including before exhibitions at the place of sale, demonstration of their samples or presentation of information about them at the place of sale;

goods seized, seized, confiscated or otherwise converted into State revenue, and goods subject to foreclosure on account of unfulfilled obligations provided for by the tax and customs legislation of a Member State, upon their acquisition, storage, transportation, sale (sale) and use, as well as goods subject to destruction, upon their storage and transportation;

goods imported as goods for personal use and purchased as part of retail trade by individuals, during their storage, transportation and use;

goods intended for official use by diplomatic missions, consular offices, international interstate and intergovernmental organizations, their representations, as well as representations of States attached to them, during their storage, transportation and use;

goods owned by individuals who are not individual entrepreneurs and purchased by them for personal use, with their responsible storage and provision of other services not related to their sale;

goods imported into the customs territory of the Union on air, sea and river vessels operating international flights, as well as in dining cars, buffet compartments, compartment bars of trains operating international flights and formed outside the territories of the Member States, during their storage, transportation, sale (sale) and use;

Article 9

From the date of introduction of labeling of goods:

issuers engaged in the manufacture, and (or) generation, and (or) sale (sale) to legal entities and individual entrepreneurs of means of identification or tangible media containing means of identification, inform electronically the competent (authorized) authority of the Member State in whose territory they are registered (accredited). these legal entities and individual entrepreneurs, on the manufacture, and (or) generation, and (or) sale (sale) of such means of identification and (or) tangible media;

legal entities and individual entrepreneurs engaged in the importation into the customs territory of the Union and (or) production of goods in respect of which a decision has been taken to introduce labeling shall mark such goods with identification means in accordance with the established procedure and inform electronically the competent (authorized) body of the Member State in whose territory they are registered (accredited). these legal entities and individual entrepreneurs, on the applied means of identification and (or) material media containing means of identification, in accordance with the procedure and terms, which are established by the legislation of the Member State, but before offering such goods for sale (sale), including before they are displayed at the place of sale (sale), demonstration of their samples or presentation of information about them at the place of sale (sale);

legal entities and individual entrepreneurs engaged in cross-border trade in marked goods shall inform electronically the competent (authorized) body of the Member State in whose territory they are registered (accredited) about the means of identification and (or) material media containing means of identification applied in accordance with the established procedure to goods purchased as part of such trade., in accordance with the procedure and terms established by the legislation of the Member State, but before offering such goods for sale, including before their display at the place of sale, demonstration of their samples or presentation of information about them at the place of sale;

if labeling of the remains of goods subject to labeling is provided, legal entities and individual entrepreneurs engaged in wholesale and (or) retail trade in such goods shall, in accordance with the established procedure, label the remains of these goods with means of identification and (or) material media containing means of identification, and inform electronically the competent (authorized) body of the State-the member in whose territory they are registered (accredited), about the applied means of identification and (or) material media, containing means of identification, in the manner and within the time limits established by the legislation of the Member State, but before offering such goods for sale (sale), including before they are displayed at the place of sale (sale), demonstrating their samples or providing information about them at the place of sale (sale);

legal entities and individual entrepreneurs that trade in goods subject to labeling returned by buyers and (or) commission trade in such goods on the basis of contracts concluded with individuals who are not individual entrepreneurs before offering such goods for sale, including before they are displayed at the place of sale, demonstration of their samples or presentation of information about them at the place of sale (sale), In accordance with the established procedure, such goods are marked with means of identification and (or) tangible media containing means of identification, and inform electronically the competent (authorized) body of the Member State in whose territory they are registered (accredited) about the applied means of identification and (or) tangible media containing means of identification.;

legal entities and individual entrepreneurs engaged in retail trade of marked goods shall inform electronically the competent (authorized) body of the Member State in whose territory they are registered (accredited) about the means of identification and (or) material media containing means of identification applied to these goods sold (sold) within the framework of such trade, if such information is provided for by the legislation of the Member State in whose territory they are registered (accredited).

Article 10

1. The competent (authorized) authorities of the Member States, together with other regulatory and (or) law enforcement agencies of the Member States, shall ensure control over the turnover of goods subject to labeling in accordance with the legislation of the Member States.

2. In order to monitor and control the implementation of this Agreement, control the turnover of goods in cross-border trade, as well as provide consumers and other interested users with access to information about marked goods and means of identification, information interaction is ensured between the competent (authorized) authorities of the Member States and between the competent (authorized) authorities of the Member States and the Commission. as part of the product labeling information system.

3. Information interaction between the competent (authorized) authorities of the Member States and between the competent (authorized) authorities of the Member States and the Commission is ensured through the interaction of national components and the integration component of the product labeling information system using the means of the integrated information system of the Union.

4. In order to control the turnover of goods subject to labeling, the Member States shall provide in their legislation for liability for non-fulfillment or improper fulfillment of the requirements established by this Agreement.

Article 11

1. From the date of entry into force of this Agreement, its provisions apply to the labeling of goods with control (identification) marks under the heading "Garments, clothing accessories and other products made of natural fur" (subsubpositions of the Customs Code of the EAEU 4303 10 901 0 - 4303 10 906 0 and 4303 10 908 0).

2. Commission decisions regulating the labeling of goods under the heading "Articles of clothing, clothing accessories and other products made of natural fur" (subsubpositions of the Customs Code of the EAEU 4303 10 901 0 - 4303 10 906 0 and 4303 10 908 0) control (identification) marks in force on the date of entry into force of this Agreement, retain their legal force and are applied to the extent that they do not contradict this Agreement.

3. The following international treaties shall expire from the date of entry into force of this Agreement:

Agreement on the implementation in 2015-2016 of a pilot project on the introduction of labeling of goods with control (identification) marks for the heading "Garments, clothing accessories and other products made of natural fur" dated September 8, 2015;

Protocol on the extension of the Agreement on the implementation in 2015-2016 of a pilot project on the introduction of labeling of goods with control (identification) marks for the heading "Garments, clothing accessories and other products made of natural fur" dated September 8, 2015, signed on November 23, 2016.

Article 12

Disputes related to the interpretation and/or application of this Agreement are resolved in accordance with the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.

Article 13

By mutual agreement of the Member States, amendments may be made to this Agreement, which are formalized in separate protocols and are an integral part of this Agreement.

Article 14

This Agreement is an international agreement concluded within the framework of the Union and is included in the law of the Union.

Article 15

This Agreement shall enter into force upon the expiration of 10 calendar days from the date of receipt by the depositary through diplomatic channels of the last written notification on the completion by the Member States of the internal procedures necessary for the entry into force of this Agreement.

Done in Almaty on February 2, 2018, in one original copy in Russian.

The original copy of this Agreement shall be kept at the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.

For the Republic of Armenia

For the Republic of Belarus

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Russian Federation

I hereby certify that this text is a complete and authentic copy of the Agreement on Labeling Goods by Means of Identification in the Eurasian Economic Union, signed on February 2, 2018 in Almaty.:

for the Republic of Armenia - by the Prime Minister of the Republic of Armenia K.V. Karapetyan;

for the Republic of Belarus - by the Prime Minister of the Republic of Belarus A.V. Kobyakov;

for the Republic of Kazakhstan - by the Prime Minister of the Republic of Kazakhstan B.A. Sagintayev;

for the Kyrgyz Republic - by the Prime Minister of the Kyrgyz Republic S.D. Isakov;

for the Russian Federation - Dmitry A. Medvedev, Chairman of the Government of the Russian Federation.

The original copy is kept at the Eurasian Economic Commission.

Director

Legal Department

Of the Eurasian Economic Commission

V. I. Taraskin

President

Republic of Kazakhstan

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