AGREEMENT ON LABELING OF GOODS BY MEANS OF IDENTIFICATION IN THE EURASIAN ECONOMIC UNION

AGREEMENT ON LABELING OF GOODS BY MEANS OF IDENTIFICATION IN THE EURASIAN ECONOMIC UNION

 

(Almaty, February 2, 2018)

 

WHEREAS, the member states of the Eurasian Economic Union, hereinafter referred to as the “member states”;

 

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

 

Seeking to implement an agreed and coordinated policy in the area of labeling of goods by means of identification;

 

Desiring to ensure the legal circulation of goods within the Eurasian Economic Union (hereinafter, the “Union”), protection of consumer rights, and prevention of activities that mislead them; NOW, THEREFORE, have agreed as follows:

 

Article 1

 

The following concepts shall be used for the purposes of this Agreement:

 

“Unified Register of Means of Identification” shall mean a common information resource that includes a description of the means of identification used for labeling of goods in the Union, information on their characteristics, composition and structure of information contained in the means of identification.

 

“Competent (Authorized) Bodies of the Member State” shall mean the bodies of executive power of the member state authorized, in accordance with the laws of that state, to ensure control over the circulation of goods, and/or inter-agency coordination of activities conducted by bodies of executive power of the member state to control the circulation of goods, in respect of which it was decided to introduce the labeling by means of identification, and/or functioning of the national component of goods labeling information system, and/or coordination of activities for ensuring its functioning.

 

“Control (Identification) Mark” shall mean a controlled-issue form (document) with elements (means) of protection against counterfeiting (protected printing products) containing the means of identification and intended for labeling of goods.

 

“Labeled Goods” shall mean the goods that were marked by means of identification in accordance with the established requirements and on which the reliable information (including the information on means of identification applied on such goods and/or physical media containing means of identification) is contained in the national component of goods labeling information system.

 

“Physical Media” shall mean a control (identification) mark or object made of any material which contains or does not contain anti-counterfeiting elements (means) and is intended for applying, storing, and transferring the means of identification.

 

“Circulation of Goods” shall mean the importation into the customs territory of the  Union, storage, transportation, receipt, and transfer of goods, including their acquisition and sale within the territories of member states.

 

“Wholesale Trade” shall mean the type of trading activity related to acquisition and sale of goods for their use in the business activities (including for resale) or for other purposes not related to personal, family, household, or other similar use.

 

“Stock on Hand Consisting of Goods to be Labeled” shall mean the goods, in respect of which it was decided to introduce the labeling and which, as of the date of introduction of labeling, are in possession, and/or use, and/or at the disposal of legal entities and individuals registered as individual entrepreneurs (hereinafter, the “individual entrepreneurs”) engaged in the manufacturing and/or circulation of such goods.

 

“Retail Trade” shall mean a type of trading activity related to acquisition and sale of goods for their use for personal, family, household, or other purposes not related to business activities.

 

“Means of Identification” shall mean a unique sequence of characters in machine-readable form presented as a bar code, or recorded on a radio frequency tag, or presented using other means (technology) of automatic identification.

 

“Cross-Border Trade” shall mean wholesale trade carried out within the mutual trade in goods from the territory of one member state to the territory of another member state.

 

“Issuers” shall mean the bodies of executive power of the member states and/or the organizations engaged in manufacturing, and/or generation, and/or sale of means of identification and/or physical media containing the means of identification.

 

Other concepts used herein shall be 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 shall define the procedure for labeling of goods with the means of identification standardized within the Union (hereinafter, the “labeling of goods”).

 

  1. This Agreement shall apply to legal entities and individual entrepreneurs engaged in manufacturing and/or circulation of goods, in respect of which it was decided to introduce the labeling by means of

 

Article 3

 

  1. Within the Union, the Council of the Eurasian Economic Commission (hereinafter, the “Council of the Commission”) may decide to introduce the labeling of

 

  1. The Council of the Commission shall decide on the introduction of labeling of goods based on proposals submitted (along with their justification) to the Eurasian Economic Commission (hereinafter, the Commission) by the member states, analysis of expediency of introducing the labeling of goods (including the information on results expected by the member state from the introduction of labeling, indication of main consumers or groups of consumers of such goods), information on the impact made by the introduction of labeling on business environment (including the available information on potential costs of legal entities and individual entrepreneurs, ratio of prices of goods and costs of means of identification), technological capacity of labeling such goods, and information on other systems of control over the circulation of goods that are in effect for such

 

  1. The goods shall be labeled by marking them and/or their packing with the means of identification or physical media containing the means of

 

  1. The labeling of goods by applying means of identification on goods, their packaging or physical media that do not contain elements (means) of protection against counterfeiting shall be allowed only under conditions that exclude the possibility of legal circulation of goods labeled with illegal means of identification.

 

  1. Information on means of identification shall be entered in the unified register of means of identification, which shall be built and maintained by the Commission in electronic form. The procedure for building and maintaining the unified register of means of identification shall be determined by the decision of the

 

Article 4

 

From the date of introducing the labeling of goods:

 

It shall be prohibited to store, transport, acquire, and sell within the territories of the member states the non-labeled goods that are subject to labeling, except for acquisition and sale for  the purposes of exportation outside the customs territory of the Union of such goods that are under customs control in the customs control zones, in cases defined by laws of the member states, transportation of non-labeled goods to be labeled to warehouse premises defined in accordance with the Sub-Clause “c” of Clause 1 of Article 6 hereof, storage of these goods in such premises, and also except for the goods specified in Article 8 hereof. It shall be allowed to store, transport, acquire, and sell non-labeled stock on hand, if no labeling of stock on hand has been stipulated.

 

Labeling of goods imported (to be imported) into the customs territory of the Union shall be carried out before placing such goods under the customs procedures to release them for domestic consumption or re-importation, as well as in cases stipulated by laws of the member states before placing such goods under the customs procedure for free customs zone, except for goods specified in Article 8 hereof. The labeling of goods may be carried out after their placement under the customs procedures to release for internal consumption or re-importation in the warehouse premises defined in accordance with Sub-Clause “c” of Clause 1 of Article 6 hereof, if the possibility of such labeling is stipulated by laws of the member state.

 

It shall be allowed to label the goods outside the customs territory of the Union.

 

The labeling of goods by legal entities and individual entrepreneurs engaged in the manufacturing of goods that are subject to labeling shall be carried out before their transportation and/or offering such goods for sale, including before their placement at the place of sale, demonstration of their samples, or provision of information about them at the place of sale, except for goods specified in Article 8 hereof. The labeling shall be carried out at the places of their manufacturing, packaging (repackaging), and storage.

 

Article 5

 

  1. When deciding on the introduction of labeling of goods, the Council of the Commission shall approve the list of such goods along with indication of their codes according to the uniform Foreign Economic Activity Commodity Nomenclature of the Eurasian Economic Union (hereinafter, “FEACN EAEU”) and, at the same time, shall define the following:

 

  1. Means of identification, their characteristics, procedure for their generation, as well as composition and structure of information to be contained in the means of identification based on the details (if any) contained in the unified register of means of

 

  1. Date of introduction of and procedure for labeling of

 

  1. Format, composition, and structure of details on labeled goods to be transferred between competent (authorized) bodies of the member states and between competent (authorized) bodies of the member states and Commission, as well as the periods for transfer of such

 

  1. Need for labeling stock on hand in the member states, including the period of introduction and other requirements for labeling the stock on hand, or absence of such

 

  1. Minimum composition of details on labeled goods contained in goods labeling information system, the access to which is provided to consumers and other interested parties, including by means of information services as part of national components and integration component of the goods labeling information

 

  1. With regard to specific goods or groups of goods, the Council of the Commission may add or cancel the operations (stages of circulation) specified in paragraphs 3–7 of Article 9 hereof, in the implementation of which the legal entities and individual entrepreneurs engaged in circulation of labeled goods have the obligation to provide information on such goods to the competent (authorized) body of the member state in the territory of which they are registered (accredited).

 

  1. 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 following the official publication of such

 

  1. Within a period not exceeding 60 calendar days following the entry into force of the decision of the Council of the Commission on the introduction of labeling of goods, the member states shall inform the Commission of their competent (authorized)

 

  1. Following the introduction, within the Union, of labeling of goods on the goods to be labeled in accordance with the laws of member states, such member states shall ensure the labeling of such goods in their territories according to the requirements stipulated herein and the acts of the Commission adopted pursuant to this

 

Article 6

 

  1. Within a period not exceeding 120 calendar days following the entry into force of the decision of the Council of the Commission on the introduction of labeling of goods, but no later than the date of introduction of the labeling of goods, the member states shall:

 

  1. Define the procedure for keeping records of the means of identification and (if necessary) procedure for the sale and record-keeping of physical media containing the means of

 

  1. Build the registers of issuers (if necessary).

 

  1. Establish (if necessary) the requirements to warehouse premises in which the legal entities and individual entrepreneurs engaged in circulation of goods to be labeled are allowed to label the goods after their placement under the procedure of release for internal consumption or re-importation, and/or define (if necessary) the list of such warehouse

 

  1. Define the requirements to format, composition, and structure of details to be provided by legal entities, individual entrepreneurs engaged in manufacturing and circulation of goods to be labeled, and issuers (if necessary) to the competent (authorized) bodies of their member states, as well as the periods for provision of such details in addition to the requirements established by the Council of the

 

  1. Define (if necessary) the procedure for labeling the stock on hand consisting of goods to be labeled, if the Council of the Commission decides on the need to label the stock on

 

  1. Define (if necessary), in addition to operations (stages of circulation) specified in paragraphs 3–7 of Article 9 hereof, the operations (stages of circulation) in which the legal entities and individual entrepreneurs engaged in circulation of goods to be labeled have the obligation to provide the details on such goods to competent (authorized) bodies of their member states, as well as the requirements to composition, structure, format, and periods of provision of such details, unless otherwise defined by the Council of the Commission in accordance with Clause 2 of Article 5

 

  1. Define (if necessary) additional composition of details on labeled goods and means of their identification, the access to which by consumers and other interested parties is ensured by competent

 

(authorized) bodies of the member states and the Commission, including through information services within the national components and integration component of goods labeling information system.

 

  1. Define other requirements and terms of labeling of goods that do not contradict the provisions hereof and the acts of the Commission adopted pursuant to this

 

Article 7

 

  1. The member states shall notify the Commission of their intentions to introduce in their territories the labeling of goods not to be labeled within the Union and shall provide details on such goods and, if possible, on means of identification, methods for applying them on goods, and date of introducing the labeling of

 

  1. Within 10 calendar days following the receipt of notice specified in Clause 1 of this Article from one or more member states, the Commission shall notify other member states and include the issue in the agenda of the next meeting of the Council of the

 

  1. If, within 3 months after sending the notice specified in Clause 2 of this Article and subject to provisions of Clause 2 of Article 3 hereof, the Council of the Commission did not adopt a decision on introduction of labeling of goods stipulated by Clause 1 of Article 5 hereof, the member states  may apply the labeling of goods in their territory in accordance with their

 

The provisions of paragraph one of this clause shall not apply to the labeling of goods applied by member states in their territories in accordance with their laws as of the entry into force of this Agreement.

 

  1. In case of intention of two or more member states to introduce the labeling in respect of the same goods, as well as the intention to be guided in such a case by the provisions hereof and carry out the information collaboration between the competent (authorized) bodies, the member states may submit a request to the Commission on the use of the integrated information system of the Union for such collaboration. If necessary, the Board of the Commission shall adopt the appropriate

 

Article 8

 

The requirements for labeling of goods shall not apply to the following:

 

Goods placed under customs procedures for their exportation outside the customs territory of the Union;

 

Goods under customs control during their transportation;

 

Samples and specimens of goods in necessary quantities intended for testing in order to assess compliance with the requirements of acts of the bodies of the Union, as well as regulatory technical acts of the member states in the area of standardization, during the storage and transportation of such goods;

 

Goods being 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 laws of the member state;

 

Goods acquired in the retail trade and returned to sellers by the buyers, subject to the documents confirming the return of goods, during their storage and transportation carried out in accordance with the procedure established by laws of the member state;

 

Goods during their sale in duty-free shops;

 

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

 

Goods stored and used by manufacturers of these goods;

 

Goods stored by legal entities and individual entrepreneurs engaged in commission business with goods received from individuals who are not individual entrepreneurs under the contracts concluded with these individuals, when such storage is carried out in accordance with the procedure established by laws of the member state before offering such goods for sale, including before their placement at the place of sale, demonstration of their samples, or provision of information about them at the place of sale;

 

Goods seized, arrested, confiscated, or otherwise turned into state revenue, and goods seized on account of unfulfilled obligations, as provided by the tax and customs laws of the member state, during their acquisition, storage, transportation, sale, and use; as well as goods to be destroyed, during their storage and transportation;

 

Goods imported as goods for personal use and acquired as part of retail trade  by individuals, during storage, transportation, and use of such goods;

 

Goods intended for official use by diplomatic missions, consular offices, international interstate and intergovernmental organizations, their missions, as well as the missions of states at them, during storage, transportation, and use of such goods;

 

Goods owned by individuals who are not individual entrepreneurs and acquired by them for personal use, during safe custody and provision of other services not related to the sale of such goods; and

 

Goods imported to the customs territory of the Union by air, sea, and river transport engaged in international trips, as well as in dining-cars, buffet-compartments, bar-compartments of trains engaged in international trips and formed outside the territories of the member states, during storage, transportation, sale, and use of such goods.

 

Article 9

 

From the date of introducing the labeling of goods:

 

Issuers engaged in manufacturing and/or generation, and/or sale of means of identification or physical media containing means of identification to legal entities and individual entrepreneurs shall inform in electronic form the competent (authorized) body of the member state, in which these legal entities and individual entrepreneurs are registered (accredited), on manufacturing, and/or generation, and/or sale of such means of identification and/or physical media.

 

Legal entities and individual entrepreneurs engaged in the importation into the customs territory of the Union and/or manufacturing of goods, in respect of which it was decided to introduce the labeling, shall label such goods in accordance with the established procedure by means of identification and shall inform in electronic form the competent (authorized) body of the member state, in which these legal entities and individual entrepreneurs are registered (accredited), on applied means of identification and/or physical media containing the means of identification in accordance with the procedure and within the period established by laws of the member state, but before their placement at the place of sale, demonstration of their samples, or provision of information about them at the place of sale.

 

Legal entities and individual entrepreneurs engaged in cross-border trade of labeled goods shall inform in electronic form the competent (authorized) body of the member state in which they are registered (accredited) about the means of identification and/or physical media containing the means of identification applied in accordance with the established procedures on the goods acquired in such trade, in accordance with the procedure and within the period established by laws of the member state,

 

but before their placement at the place of sale, demonstration of their samples, or provision of information about them at the place of sale.

 

In cases stipulating the labeling of stock on hand consisting of goods to be labeled, the legal entities and individual entrepreneurs engaged in the wholesale and/or retail sale of such goods shall label such goods in accordance with the established procedure by means of identification and shall inform in electronic form the competent (authorized) body of the member state, in which these legal entities and individual entrepreneurs are registered (accredited), on applied means of identification and/or physical media containing the means of identification in accordance with the procedure and within the period established by laws of the member state, but before their placement at the place of sale, demonstration of their samples, or provision of information about them at the place of sale.

 

Legal entities and individual entrepreneurs engaged in trade of goods to be labeled, which were returned by the buyers, and/or commission business of such goods under the contracts concluded with individuals, who are not individual entrepreneurs, before the placement of such goods at the place of sale, demonstration of their samples, or provision of information about them at the place of sale, shall label such goods in accordance with the established procedure by means of identification and/or physical media containing the means of identification and shall inform in electronic form the competent (authorized) body of the member state in which they are registered (accredited) about the applied means of identification and/or physical media containing the means of identification.

 

Legal entities and individual entrepreneurs engaged in retail trade of labeled goods shall inform in electronic form the competent (authorized) body of the member state in which they are registered (accredited) about the means of identification and/or physical media containing the means of identification applied to these goods sold in such trade, if the provision of such information is stipulated by laws of the member state in which they are registered (accredited).

 

Article 10

 

  1. Together with other regulatory and/or law enforcement agencies of the member states, the competent (authorized) bodies of the member states shall ensure the control over the circulation of goods to be labeled in accordance with the laws of the member

 

  1. The information collaboration between the competent (authorized) bodies of member states and between the competent (authorized) bodies of member states and the Commission within the goods labeling information system shall be ensured for the purposes of monitoring and controlling the implementation of this Agreement, controlling the circulation of goods in cross-border trade, as well as providing consumers and other interested users with access to details on labeled goods and means of their identification.

 

  1. The information collaboration between the competent (authorized) bodies of the member states and between the competent (authorized) bodies of the member states and the Commission shall be ensured by the interaction of national components and the integration component of the goods labeling information system and by using the means of integrated information system of the

 

  1. To implement the control over circulation of goods to be labeled, the member states shall establish in their laws the non-compliance or improper compliance with the requirements set forth in this Agreement.

 

Article 11

 

  1. Following the entry into force of this Agreement, its provisions shall apply to the labeling of goods with control (identification) marks under the heading “Garments, Clothing Accessories, and Other Articles Made of Natural Fur” (sub-sub-headings of FEACN EAEU 4303 10 901 0–4303 10 906 0  and 4303 10 908 0).

 

  1. The decisions of the Commission regulating the labeling of goods under the heading “Garments, Clothing Accessories, and Other Articles Made of Natural Fur” (sub-sub-headings of FEACN EAEU 4303 10 901 0–4303 10 906 0 and 4303 10 908 0) with control (identification) marks and valid as of the entry into force of this Agreement shall retain their legal force and apply to the extent that they do not contradict this

 

  1. The following international treaties shall terminate following the entry into force of this Agreement:

 

Agreement on implementation in 2015–2016 of the pilot project on introduction of labeling of goods with control (identification) marks under the heading “Garments, Clothing Accessories, and Other Articles Made of Natural Fur” of September 8, 2015.

 

Protocol on extending the term of the Agreement on implementation in 2015–2016 of the pilot project on introduction of labeling of goods with control (identification) marks under the heading “Garments, Clothing Accessories, and Other Articles Made of Natural Fur” of September 8, 2015, as signed on November 23, 2016.

 

Article 12

 

Any dispute related to the interpretation and/or application of this Agreement shall be resolved in accordance with the procedure defined by the Treaty on the Eurasian Economic Union of May 29, 2014.

 

Article 13

 

By mutual consent of the member states, this Agreement may be amended, which shall be documented by separate protocols and will be an integral part hereof.

 

Article 14

 

This Agreement shall be an international treaty concluded within the Union and shall be part of the law of the Union.

 

Article 15

 

This Agreement shall enter into force 10 calendar days following the receipt by the depositary through diplomatic channels of the last written notice on the fulfillment by the member states of their internal state procedures necessary for the entry into force of this Agreement.

 

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