PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of January 6, 2021 No. 9

About change of presidential decrees of the Republic of Belarus

For the purpose of enhancement of legal regulation of certain spheres of control, and also the mechanism of marking of goods, ensuring confirmation of legality of turnover of goods, protection legal and consumers, business of transition to digitalization of marking of goods I decide:

1. Make changes to the following presidential decrees of the Republic of Belarus:

1.1. in essence in certain spheres of life activity of the population approved by the Presidential decree of the Republic of Belarus of October 15, 2007 No. 498, to state the column "Spheres of Life Activity of the Population" of Item 23 of the list of the state bodies, other organizations responsible for consideration of addresses in the following edition:

"23. Business activity (the questions connected with the taxation), procedure for acceptance of instruments of payment in case of sales of goods, performance of works, rendering services, uses of cash and other equipment in case of acceptance of instruments of payment, gaming, production and turnover of alcoholic, non-food alcohol-containing products, non-food ethyl alcohol and tobacco products, turnover of tobacco raw materials, marking of goods the unified control signs or means of identification, the address of oil liquid fuel";

1.2. in the Presidential decree of the Republic of Belarus of October 16, 2009 No. 510 "About enhancement of control (supervising) activities in the Republic of Belarus":

in the paragraph the thirteenth words "control (identification) signs" shall be replaced with words parts two of Item 84 of the Regulations on procedure for the organization and the conducting checks approved by the Decree "the unified control signs or means of identification";

in the column "Sphere of Control (Supervision)" of the list of the controlling (supervising) bodies, authorized to perform, and spheres of their control (supervising) activities, approved by the Decree:

add Item 3 with the paragraph of the following content:

"control of observance by rating agency of the legislation on rating activities";

the tenth Item 13 to state the paragraph in the following edition:

"about marking of goods the unified control signs or means of identification";

1.3. No. 243 "About marking of goods control (identification) signs" to be reworded as follows the presidential decree of the Republic of Belarus of June 10, 2011:

"Presidential decree of the Republic of Belarus

About marking of goods

For the purpose of ensuring legal turnover of goods, consumer protection, enhancement of legal regulation of the mechanism of marking of goods I decide:

1. Create the state information system of marking of goods the unified control signs or means of identification (further - system of marking).

2. Determine that:

2.1. the goods included in the Republic of Belarus determined by Council of Ministers are subject to marking:

the inventory, subject to marking by the unified control signs;

the inventory, subject to marking by means of identification;

2.2. subjects of managing provide marking of the goods which are subject to marking by the unified control signs or means of identification and turnover of goods:

subject to marking by the unified control signs, according to the procedure, established by the Regulations on marking of goods the unified control signs approved by this Decree;

subject to marking by means of identification, according to the procedure, established by the Regulations on marking of goods means of identification approved by this Decree;

2.3. turnover in the territory of the Republic of Belarus of goods is forbidden:

without the unified control signs applied on goods or their packaging, or with the unified control signs applied on goods in defiance of established by Council of Ministers of the Republic of Belarus or the body of procedure authorized by it, or in the absence of data on goods with applied on them or their packaging by the unified control signs and the unified control signs applied on goods in system of marking, discrepancy of these data to the data containing in system of marking *;

without applied on goods or their packaging of means of identification, or with the means of identification applied on goods or their packaging in defiance of established by Council of Ministers of the Republic of Belarus or the body of procedure authorized by it, or in the absence of data on goods with the means of identification applied on them or their packaging and the means of identification applied on goods in system of marking, discrepancy of these data to the data containing in system of marking **;

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* Except for the goods specified in appendix 1.

** Except for the goods specified in appendix 2.

2.4. competent (authorized) body according to the Agreement on marking of goods means of identification in the Eurasian Economic Union of February 2, 2018 (further - the Agreement) is the Ministry of Taxes and Tax Collection;

2.5. the system of marking is national component of information system of the marking of goods provided by the Agreement;

2.6. collection, transfer, acceptance, processing, accounting, control, storage, obtaining and accumulating of data in system of marking are performed by its owner and the operator - the republican unitary enterprise "Belblankavyd Publishing house (further - the operator of system of marking).

The operator of system of marking performs generation of codes of marking, including according to proposals of subjects of managing, and also realization of the unified control signs, codes of marking, means of identification, the protected material carriers, the protected material carriers with the put means of identification, protection signs.

The Ministry of Finance will organize production of the unified control signs, the protected material carriers, the protected material carriers with the put means of identification, protection signs in the state organizations subordinated to it which control of activities is exercised by Department of the state signs of the Ministry of Finance;

2.7. works on development, maintenance and technical support in use of system of marking, generation of codes of marking are carried out by the operator of system of marking at the expense of own means.

3. Are determined by Council of Ministers of the Republic of Belarus or the body authorized by it:

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