ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 1, 2024 No. 746

About modification of the Order of the Government of the Russian Federation of November 30, 2022 No. 2173

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 November 30, 2022 No. 2173 "About approval of Rules of marking of beer, the drinks made on the basis of beer and separate types of low alcohol drinks 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 beer, the drinks made on the basis of beer and separate types of low alcohol drinks" (The Russian Federation Code, 2022, No. 49, the Art. 8685).

2. To provide to the Ministry of Finance of the Russian Federation together with the Ministry of Industry and Trade of the Russian Federation till December 1, 2025 to the Government of the Russian Federation projects of changes in the regulatory legal acts regulating functioning of Unified State Automated Information System of accounting of production volume and the turnover of ethyl alcohol, alcoholic and alcohol-containing products and the state information system of monitoring of turnover of goods which are subject to obligatory marking by means of identification, the cancellations of submission of identical data by business entities providing establishment of term in the specified information systems.

3. This resolution becomes effective since September 1, 2024.

Approved by the Order of the Government of the Russian Federation of June 1, 2024 No. 746

Changes which are made to the Order of the Government of the Russian Federation of November 30, 2022 No. 2173

1. In Item 2:

a) add with the subitem "and (1)" the following content:

"and (1)) perform the registration in information system of monitoring by the direction in information system of monitoring of the statement for registration in information system of monitoring since September 1, 2024 prior to implementation of the activities connected with input in turnover, turnover and conclusion from turnover (irrespective of the bases) in the territory of the Russian Federation beer and low alcohol drinks (except for the participants of turnover of beer and low alcohol drinks which are subject to registration in information system of monitoring according to the subitem "an" of this Item). At the same time participants of turnover of beer and low alcohol drinks in the remote or hardly accessible areas perform the registration in information system of monitoring within 30 calendar days from the date of the beginning of implementation of the activities connected with input in turnover by them and (or) turnover, and (or) retail sale of beer and low alcohol drinks;";

b) state subitems "v" and "g" in the following edition:

"c) pass test of information exchange of own software and hardware and information system of monitoring according to the procedure posted on the official site of the operator of information system of monitoring on the Internet concerning the transactions connected with marking of beer and low alcohol drinks means of identification, their input in turnover, turnover and conclusion from turnover according to the Rules approved by this resolution no later than 15 calendar days from the date of readiness of own software and hardware for information exchange with information system of monitoring and the direction of the request for passing of testing of information exchange according to the subitem "b" of this Item;

d) participants of turnover of beer and low alcohol drinks after registration in information system of monitoring and passing of testing of information exchange send to the operator of information system of monitoring electronically the request for provision of remote access to the issue registration device placed in infrastructure of information system of monitoring.".

2. In Item 3:

a) subitems "an" - "in" to state in the following edition:

"a) producers and importers of beer and low alcohol drinks:

put funds of identification for beer and low alcohol drinks and represent to information system of monitoring of the data on drawing funds of identification for beer and low alcohol drinks according to the Rules approved by this resolution:

concerning beer and the low alcohol drinks packed into keg since April 1, 2023;

concerning beer and the low alcohol drinks packed into glass or plastic consumer packaging since October 1, 2023;

concerning beer and the low alcohol drinks packed into other types of consumer packaging - since January 15, 2024;

represent to information system of monitoring of the data according to the Rules approved by this resolution about input in turnover of beer and low alcohol drinks in kega - since December 1, 2024, about input in turnover of beer and low alcohol drinks in consumer packaging - since May 1, 2025;

b) participants of turnover of beer and low alcohol drinks represent to information system of monitoring of the data according to the Rules approved by this resolution:

since March 1, 2025 - about turnover of beer and low alcohol drinks in the kega made or imported (imported) into the Russian Federation from the specified date including data on their movement between own structural or separate divisions;

since September 1, 2025 - about the turnover of beer and low alcohol drinks in consumer packaging made or imported (imported) into the Russian Federation from the specified date including data on their movement between own structural or separate divisions;

since March 1, 2025 - about conclusion from turnover of beer and low alcohol drinks in the kega made or imported (imported) into the Russian Federation from the specified date for the reasons which are not connected with their retail sale;

since September 1, 2025 - about conclusion from the turnover of beer and low alcohol drinks in consumer packaging made or imported (imported) into the Russian Federation from the specified date for the reasons which are not connected with their retail sale;

c) participants of turnover of beer and low alcohol drinks have the right to represent to information system of monitoring of the data on input in turnover of beer and low alcohol drinks, their turnover and conclusion from turnover before dates when transfer of such data becomes obligatory;";

b) in the subitem "g" of the word "in the Section IX" shall be replaced with words "in the Sections VIII-XIII".

3. In item 4:

a) in the paragraph the second words "the dates specified for the corresponding types of packagings" shall be replaced with words "approaches of the corresponding date established by the subitem "an" of Item 3 of this resolution with which drawing funds of identification for beer and low alcohol drinks in the corresponding types of packaging becomes obligatory";

b) after paragraph two to add with the paragraph of the following content:

"input in turnover of beer and the low alcohol drinks which are subject to marking by means of identification without the means of identification and representation applied on them in information system of monitoring of data on marking of beer and low alcohol drinks is not allowed by means of identification;";

c) in paragraph three:

words", concerning beer and the low alcohol drinks packed into consumer packaging - till January 15, 2025" to exclude;

add with the offer of the following content: "Turnover and conclusion from turnover of beer and low alcohol drinks without the means of identification and representation applied on them in information system of monitoring of data on conclusion from turnover of beer and low alcohol drinks are allowed concerning beer and the low alcohol drinks packed into consumer packaging which expiration date does not exceed 365 days, - till January 15, 2025, concerning beer and low alcohol drinks which expiration date constitutes more than 365 days, - before the termination of expiration date.".

4. In the subitem "b" of Item 6 of the word to "producers and importers" shall be replaced with words to "participants of turnover", words of "producers and importers" shall be replaced with words "participants of turnover".

5. The rules of marking of beer, drinks made on the basis of beer, and separate types of low alcohol drinks 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 November 30, 2022 No. 2173
(in edition of the Order of the Government of the Russian Federation of June 1, 2024 No. 746)

Rules of marking of beer, drinks made on the basis of beer and separate types of low alcohol drinks means of identification

I. General provisions

1. These rules determine procedure for marking of beer, the drinks made on the basis of beer, and separate types of the low alcohol drinks which are subject to obligatory marking by means of identification, the requirement to participants of turnover of beer and low alcohol drinks, procedure for information exchange of participants of turnover of beer and the low alcohol drinks with the state information system of monitoring of turnover of goods which are subject to obligatory marking by means of identification (further - information system of monitoring), characteristics of means of identification, and also procedure for representation by participants of turnover of beer and low alcohol drinks of data on input in turnover, turnover and about conclusion from turnover of beer and low alcohol drinks, procedure for information exchange of information system of monitoring with Unified State Automated Information System of accounting of production volume and turnover of ethyl alcohol, alcoholic and alcohol-containing products (further - the single automated system).

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

"aggregation" - process of consolidation of keg in shipping package, or consumer packagings in group and (or) in shipping package, or keg and (or) shipping packages in shipping package of higher level, or group packagings in shipping package with preserving information on interrelation of codes of identification of each enclosed consumer packaging or keg with code of identification of the created group and (or) shipping package, and also about interrelation of codes of identification of each enclosed group or shipping package with code of identification of the created shipping package and drawing appropriate means of identification on group packaging or identification code on shipping package for the purpose of ensuring traceability of movement of beer and low alcohol drinks 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, including codes of identification of the packaging combining goods in the course of aggregation, created by the operator of information system of monitoring for the purpose of identification of goods according to these rules and used by the participant of turnover of beer and low alcohol drinks in case of customs declaration of goods. At the same time consolidation in aggregative customs code of codes of identification of goods which part is already included in code of identification of shipping (group) package or in other aggregative customs code is not allowed;

"validation of means of identification" - quality evaluation of transformation of code of marking to means of identification and its drawing regarding compliance of its structure to requirements of these rules;

"input of beer and low alcohol drinks in turnover" - in case of production of beer and low alcohol drinks:

in the territory of the Russian Federation, including cases of production of beer and low alcohol drinks from the foreign raw materials placed under customs procedure of free customs zone or under customs procedure of free warehouse - representation in information system of monitoring of data according to Item 70 of these rules;

out of the territory of the Russian Federation (except for beer and the low alcohol drinks imported from state members of the Eurasian Economic Union) - release by customs authorities of beer and the low alcohol drinks imported (imported) into the Russian Federation according to customs procedures of release for internal consumption or reimport and receipt of data from customs authorities according to Items 92 or 93 of these rules;

out of the territory of the Russian Federation concerning beer and the low alcohol drinks imported from state members of the Eurasian Economic Union within cross-border trade on customs area of the Eurasian Economic Union - import by the legal entity accredited by branch of the foreign legal entity in the Russian Federation of beer and low alcohol drinks to the Russian Federation and representation in information system of monitoring of data according to Item 80 of these rules.

For the purpose of implementation of these rules input of beer and low alcohol drinks in turnover paid transfer to the new owner of beer and the low alcohol drinks acquired by the legal entities accredited by branches of foreign legal entities in the Russian Federation or individual entrepreneurs in accordance with the established procedure in case of realization of the property arrested in pursuance of judgments or acts of bodies which are granted the right to make decisions on the address of the claim to property, on realization confiscated personal of the ownerless, withdrawn and other estate turned into property of the state in accordance with the legislation of the Russian Federation, and also in case of realization of property within bankruptcy proceedings according to the Federal Law "About Insolvency (Bankruptcy)" is also recognized;

"conclusion of beer and low alcohol drinks from turnover":

giving in information system of monitoring of data on retail sale of the marked beer and low alcohol drinks to physical person for private consumption based on the agreements providing transition of the property right to beer and low alcohol drinks including on retail sale when rendering services of public catering in places of rendering such services, and also about sale of beer and low alcohol drinks in pouring;

realization (sale) of beer and the low alcohol drinks to legal entities and individual entrepreneurs for the purpose of which are not connected with its subsequent realization (sale);

withdrawal (confiscation), utilization, destruction, irretrievable loss of beer and low alcohol drinks, expiry date, transfer of beer and low alcohol drinks for laboratory researches, regrading of beer and low alcohol drinks by identification codes;

realization (sale) of the marked beer and low alcohol drinks out of limits of the Russian Federation;

use of beer and low alcohol drinks for own needs, the production purposes, use within marketing shares in the territory of the Russian Federation;

"group packaging" - packaging marked beer and low alcohol drinks, combining certain number of the consumer packagings marked by means of identification with one commodity code which can be also realized to the consumer;

"importer" - the legal entity, accredited branch of the foreign legal entity in the Russian Federation performing import of the marked beer and low alcohol drinks to the Russian Federation, except as specified transit movement of beer and low alcohol drinks through the territory of the Russian Federation;

"individual serial number" - the sequence of symbols, it is unique identifying commodity unit (consumer packaging, кег or group packaging) 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 beer and low alcohol drinks and information system of monitoring;

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

"кег" - the metal reservoir intended for storage, transportation and retail sale of beer and low alcohol drinks in pouring and also the polymeric reservoir intended for storage, transportation and the subsequent retail sale of beer and low alcohol drinks including in pouring;

"identification code" - the sequence of symbols representing unique number of copy marked beer and low alcohol drinks, created by the operator of information system of monitoring or the participant of turnover of beer and low alcohol drinks independently for the purposes of identification of the marked beer and low alcohol drinks in consumer packaging or in kega according to the requirements provided by the Section VI of these rules;

"code of identification of group packaging" - the sequence of symbols representing unique number of group packaging marked beer and low alcohol drinks, created by the operator of information system of monitoring for the purposes of identification of group packaging of the marked beer and low alcohol drinks according to the requirements provided by the Section VI of these rules;

"code of identification of shipping package" - the sequence of symbols representing unique number of shipping package marked beer and low alcohol drinks, created according to the requirements provided by the Section VI of these rules;

"marking code" - the unique sequence of symbols consisting of code of identification and code of check, created by the operator of information system of monitoring for the purposes of identification of the marked beer and low alcohol drinks according to the requirements provided by the Section VI of these rules;

"check code" - the sequence of symbols created as a result of cryptographic transformation of code of identification and allowing to reveal falsification of code of identification in case of its check with use of the fiscal store and (or) technical means of check of code of check, created by the operator of information system of monitoring according to the requirements provided by the Section VI of these rules;

"commodity code" - the unique code assigned for group of goods at their description in the information system of monitoring providing accounting and storage of reliable data about goods by the corresponding codes of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the commodity nomenclature);

"personal account" - the information service posted on the Internet on the website of the operator of information system of monitoring provided by the operator of information system of monitoring in accordance with the established procedure to the participant of turnover of beer and low alcohol drinks or federal executive body and used by the operator of information system of monitoring, the participant of turnover of beer and low alcohol drinks or federal executive body;

"the marked beers and low alcohol drinks" - beer and low alcohol drinks, on consumer packaging (corking means), or on кег (corking means), or on packaging of polymeric keg, and also or on sticker of which are applied means of identification with observance of requirements of these rules on the label attached to them and authentic data about to which marking (including data on the means of identification applied on them or on the material carriers attached to them) contain in information system of monitoring;

"marking of beer and low alcohol drinks means of identification" - drawing according to these rules of funds of identification for consumer packaging (corking means), or кег (corking means), or on the label attached to them or sticker, or on packaging of polymeric keg, and also the direction of data on drawing means of identification in information system of monitoring according to these rules;

"the operator of information system of monitoring" - the legal entity registered in the territory of the Russian Federation, performing creation, development, upgrade and operation of information system of monitoring, ensuring its smooth functioning, and also acceptance, storage and processing of data;

"regrading of beer and low alcohol drinks by identification codes" - simultaneous actual absence at the participant of turnover of beer and low alcohol drinks of the marked beer and low alcohol drinks which are (according to information system of monitoring) at the participant of turnover of beer and low alcohol drinks, and the actual availability at it the marked beer and low alcohol drinks (according to information system of monitoring) which are at other participant of turnover of beer and low alcohol drinks.

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