Technical Regulations of the Customs Union " Technical Regulations for tobacco products "(TR CU 035/2014)

This technical regulation has been developed in accordance with the Agreement on Common 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 certain provisions of the World Health Organization Framework Convention on Tobacco Control.

This technical regulation establishes mandatory requirements for the application and execution in the customs territory of the Customs Union for tobacco products put into circulation in the customs territory of the Customs Union, as well as requirements for information (labeling) applied to consumer packaging of tobacco products to ensure its free movement.

If other technical regulations of the Customs Union have been adopted for tobacco products that establish requirements for tobacco products, as well as requirements for information (labeling) applied to consumer packaging, then tobacco products and information (labeling) applied to consumer packaging must comply with the requirements of all technical regulations of the Customs Union that apply to them.

1. This technical regulation is developed for the purpose of protecting human life and health, the environment, preventing actions that mislead consumers of tobacco products regarding their purpose and safety, and applies to tobacco products put into circulation in the customs territory of the Customs Union.

2. This technical regulation does not apply to the following tobacco products:

a) samples of tobacco products imported into the customs territory of the Customs Union by laboratories, manufacturers of tobacco products and (or) importers (sellers) and intended for quality and safety control, for measurements in accordance with international standards, conducting interlaboratory comparative tests, measuring standardized parameters in accordance with the requirements of the technical regulations of the Customs Union, calibration of equipment, comparative tests, tastings, design studies;

b) samples of tobacco products imported into the customs territory of the Customs Union by the organizers and (or) participants of international exhibitions and fairs as samples and exhibits;

c) tobacco products that are exported under foreign trade agreements outside the customs territory of the Customs Union;

d) non-smoking tobacco products.

3. This technical regulation establishes mandatory requirements for the application and execution in the customs territory of the Customs Union for tobacco products, information (labeling) applied to consumer packaging of tobacco products, as well as forms, schemes and procedures for assessing the conformity of tobacco products.

4. For the purposes of applying this technical regulation, the following concepts and their definitions are used:

"bidi" is a type of smoking tobacco product consisting of a mixture of crushed tobacco leaves, tobacco veins and stems wrapped in a dried tendu leaf tied with a thread;

"type of tobacco product" - a set of smoking or non-smoking tobacco products that are similar in consumer properties and method of consumption;

"release of tobacco products into circulation" - delivery or import of tobacco products (including shipment from the manufacturer's warehouse or shipment without warehousing) for the purpose of distribution in the customs territory of the Customs Union in the course of commercial activity on a gratuitous or reimbursable basis;

"identification of tobacco products" - the procedure for assigning tobacco products to the scope of this technical regulation;

"manufacturer" - a legal entity or an individual registered as an individual entrepreneur, including a foreign manufacturer, who carry out the production or production and sale of tobacco products on their own behalf and are responsible for its compliance with the requirements of this technical regulation;

"importer" is a resident of a member state of the Customs Union and the Single Economic Space who has concluded a foreign trade agreement with a non - resident of a member state of the Customs Union and the Single Economic Space for the import of tobacco products into the customs territory of the Customs Union, and also sells tobacco products and is responsible for its compliance with the requirements of this technical regulation;

"ingredient" - a substance (with the exception of tobacco leaf and other parts of tobacco) used in the production of a tobacco product and present in the finished tobacco product, including in a modified form;

"controlling organization" - an organization that monitors the production process in the production of tobacco products, the raw materials and materials used, as well as the quality of the manufacturer's tobacco products;

"kretek" is a type of smoking tobacco product consisting of a mixture of crushed cloves, ingredients and cut raw materials wrapped in cigarette paper or a dried corn cob leaf, with or without a filter;

"smoking tobacco products" - tobacco products intended for smoking;

"insert sheet" - a sheet with information for the consumer printed on it, used when selling tobacco products in consumer packaging, on which it is impossible to put information for the consumer, as well as when selling cigars and cigarillos (cigarit) piece by piece;

"licensor" - a legal entity or individual who has the right to a trademark, granting the right to use such a trademark on the basis of a license agreement;

"carbon monoxide" is a product of incomplete combustion of carbon-containing substances;

"name of tobacco products" - the designation of tobacco products assigned by the manufacturer;

"non-tobacco materials" - materials that are part of a tobacco product (except for raw materials) and give it the characteristics, features and shape established by the manufacturer, which include: cigarette, cigarette, rim and mouthpiece paper, filter wrapping paper (fitzella), filter material, adhesives, ink, wrapping material for a portion of sucking tobacco (snus);

"non-smoking tobacco product" - a tobacco product intended for sucking, chewing, sniffing;

"nicotine" is an alkaloid contained in plants of the genus Nicotiana of the family of nightshade species Nicotiana Tabacum and Nicotiana Rustica;

"cigarette" is a type of smoking tobacco product consisting of cut raw materials and a mouthpiece in the form of a roll of mouthpiece paper wrapped in cigarette (cigarette) paper connected by a glue-free toothed seam. A filter material can be inserted into the cigarette holder;

"consumer packaging" - packaging intended for sale or primary packaging of products sold to the final consumer;

"warning about the dangers of tobacco product consumption" - information about the destructive consequences of tobacco product consumption and tobacco smoke for human health, printed on the consumer packaging of tobacco products in the form of color drawings or photo images, including the text;

"cigar" is a type of smoking tobacco product made from cigar and other raw materials and having three layers: a filling made of whole, battered or cut cigar and (or) other raw materials, a wrapper made of cigar and (or) other raw materials and a wrapper made of cigar tobacco leaf. The thickness of the cigar for one third or more of its length should be at least 11 mm;

"cigarette" is a type of smoking tobacco product consisting of cut raw materials wrapped in cigarette paper;

"cigarette without filter" - a type of smoking tobacco product consisting of cut raw materials wrapped in cigarette paper (smoking part);

"cigarettes with reduced flammability" - cigarettes for which the number of cigarettes burned along the entire length does not exceed 25 percent of the number of all cigarettes tested when analyzing their flammability by the standard method on 10 layers of filter paper;

"cigarette with a filter" is a type of smoking tobacco product consisting of cut raw materials wrapped in cigarette paper (the smoking part), and a filter;

"cigarilla (cigarita)" - a type of smoking tobacco product made from cigar and other raw materials and having many layers: a filling made of cut or torn cigar and other raw materials, a wrapper made of cigar and (or) other raw materials and a wrapper made of cigar tobacco leaf, reconstituted tobacco or special paper made on the basis of cellulose and tobacco. A cigarilla (cigarita) can have a filter and not have a wrapper. The maximum thickness of a cigarilla (cigarita) should not exceed 11 mm;

"resin" - dehydrated tobacco smoke condensate that does not contain nicotine;

"raw material" - tobacco that has undergone post-harvest and (or) other industrial processing, used in the production of tobacco products;

"tobacco" is a plant of the genus Nicotiana of the family of nightshade species Nicotiana Tabacum and Nicotiana Rustica, cultivated in order to obtain raw materials;

"hookah tobacco" is a type of smoking tobacco product intended for smoking using a hookah and consisting of a mixture of cut or torn raw materials with or without the addition of ingredients;

"thin-cut smoking tobacco" is a type of smoking tobacco product intended for the manual manufacture of cigarettes or cigarettes and consisting of cut, torn, twisted or compressed tobacco with or without the addition of ingredients, in which at least 25 percent of the net weight of the product consists of fibers with a width of 1 mm or less;

"pipe tobacco" is a type of smoking tobacco product intended for smoking using a smoking pipe and consisting of cut, torn, twisted or compressed tobacco with or without the addition of ingredients, in which more than 75 percent of the net weight of the product consists of fibers with a width of more than 1 mm;

"tobacco products" - a tobacco product packaged in consumer packaging;

"tobacco product" - a product made entirely or partially from a tobacco leaf and (or) other parts of a tobacco plant as a raw material, prepared in such a way as to use it for smoking;

"person authorized by the manufacturer" - registered in accordance with the legislation of the state - a member of the Customs Union and the Single Economic Space, a legal entity or an individual as an individual entrepreneur on its territory, who, on the basis of an agreement with a manufacturer, including a foreign manufacturer, perform actions on behalf of this manufacturer when assessing the conformity and putting into circulation of tobacco products on the territory of the Customs Union, and are also responsible for non-compliance of tobacco products with the requirements of this technical regulation;

"filter" is a device attached to the end of a smoking product during the production of tobacco products, designed to detain part of the tobacco smoke.

5. Identification of tobacco products in order to assign it to the scope of this technical regulation is carried out:

manufacturer (person authorized by the manufacturer), importer (seller);

the body of the member state of the Customs Union and the Single Economic Space (hereinafter referred to as the Member state) responsible for the implementation of state control (supervision) over compliance with the requirements of this technical regulation;

other interested parties.

6. Identification of tobacco products is carried out by its name and (or) by the characteristics of its characteristics established in this technical regulation.

The signs that characterize tobacco products are: the component composition (the presence of a tobacco leaf and (or) other parts of a tobacco plant), its characteristics and the method of use of tobacco products.

7. Identification of tobacco products is carried out:

a) by the name of the type - by comparing the name of the type of tobacco product contained in the information printed on the consumer packaging (leaflet) and (or) in the accompanying documents (originals (certified copies) of the supply contract, shipping documentation or declaration of conformity of tobacco products) with the definitions of the types of tobacco products in accordance with this technical regulation;

b) by visual method - by comparing the appearance of a tobacco product with the characteristics set out in the definition of such a tobacco product in accordance with this technical regulation.

8. The result of identification is the attribution or non-attribution of the identified products to tobacco products.

9. Tobacco products are put into circulation on the market of the member states if they comply with the requirements of this technical regulation, as well as the requirements of other technical regulations of the Customs Union, which apply to them.

10. Tobacco products that meet the requirements of this technical regulation, as well as the requirements of other technical regulations of the Customs Union, which apply to it, that have passed the conformity assessment procedure, must be marked with a single product circulation mark on the market of the member states of the Customs Union.

11. In the production of tobacco products, it is not allowed to use substances as ingredients according to the annex.

12. The content of tar and nicotine in the smoke of one cigarette (with or without a filter) may not exceed 10 mg / sig. and 1.0 mg/sig. accordingly.

13. The content of carbon monoxide in the smoke of one cigarette with a filter can not exceed 10 mg/sig.

14. Methods for determining the content of tar and nicotine in cigarette smoke (with or without a filter) and carbon monoxide in cigarette smoke with a filter, the rules for sampling and determining the accuracy of data on the content of tar, nicotine and carbon monoxide are established in the standards specified in paragraph 32 of this technical regulation.

15. It is not allowed to use in the sale of tobacco products insert sheets placed inside the consumer packaging of tobacco products, attached outside or attached to such packaging, with the exception of consumer packaging, on which it is impossible to put information for the consumer, as well as in the sale of cigars and cigarillos (cigarit) piece by piece.

16. The manufacturer, the controlling organization and (or) the importer of tobacco products sold on the territory of the member state are obliged annually, no later than the last day of the first quarter of the year following the reporting calendar year, to submit to the authorized body of the member state in the field of healthcare a report containing information on the composition of tobacco products sold during the reporting calendar year and the substances released by them, in the form approved by the Eurasian Economic Commission.

17. If the manufacturer or importer has carried out toxicological studies with respect to ingredients or if such studies were carried out on their request, such persons are obliged to indicate the fact of such toxicological studies in the report specified in paragraph 16 of this technical regulation and, at the request of the authorized body of the member State in the field of health, to provide, within 30 days from the date of receipt of the relevant request, information on the results of the studies, indicating the methods and methods of measurement used, as well as the types of measuring instruments.

18.Special (excise, accounting and control or other) stamps are applied to the consumer packaging of tobacco products, excluding the possibility of their forgery and reuse (hereinafter-the stamps).

19. Information for consumers of tobacco products is applied to the consumer packaging (leaflet) and must contain:

a) the name of the type of tobacco product;

b) the name of tobacco products;

c) the name of the legal entity registered in the territory of the member state authorized by the manufacturer to accept claims from consumers, its location (country and address, including the actual one) (in the absence of such a person, it is indicated that claims from consumers are accepted by the manufacturer of this tobacco product registered in the territory of the member state). The specified information can be placed on the outer or inner side of the consumer packaging in a place accessible for reading;

d) the name of the manufacturer, the person authorized by the manufacturer or the importer, its location (country and address, including the actual one) and (or) the name of the controlling organization (if any), its location (country and address, including the actual one). In case of changes in the information, the manufacturer, the person authorized by the manufacturer or the importer must, within 180 calendar days from the date of such changes, make appropriate changes to the information on the consumer packaging of tobacco products (leaflet). At the same time, the manufacturer, the person authorized by the manufacturer or the importer have the right to put into circulation tobacco products with the same information within the specified period;

e) information about the presence of a filter (for smoking tobacco products with a filter);

f) information on the number of pieces (for individual tobacco products) or net weight (g) (for weight tobacco products);

g) warning about the dangers of tobacco product consumption;

h) a single sign for the circulation of products on the market of the member states of the Customs Union;

i) information on the maximum retail price, month and year of manufacture of a tobacco product in accordance with the procedure established by the legislation of the member states. It is not allowed to apply any elements of consumer packaging (with the exception of transparent wrapping film) or to paste stamps on top of the specified information;

j) information about systemic poisons, carcinogenic and mutagenic substances.

20. The information printed on the consumer packaging (leaflet) must be reliable and should not mislead consumers.

21. The information printed on the consumer packaging (leaflet) must not contain any terms, descriptions, signs, symbols or other designations that directly or indirectly create a false impression that the tobacco product is less harmful than other tobacco products, including such words or phrases as "low-tar", "light", "very light", "soft", "extra", "ultra", words, signs and symbols that create associations of the tobacco product with a food product (food additive) or that directly or indirectly create a false the impression that, that the tobacco product has the taste of a food product( food additive), words of the same root as such words, analogues of such words in foreign languages, as well as analogues of such words transliterated from foreign languages into the official languages of the member states.

The information printed on the consumer packaging (leaflet) must not contain images of food products, medicines, medicinal plants, as well as words or phrases that directly or indirectly create associations of a tobacco product with a food product, medicinal product or medicinal plant.

It is allowed to use words or phrases indicating the menthol content in tobacco products, the nature of the aroma for cigars, cigarillos (cigarit), hookah tobacco, thin-cut smoking tobacco and pipe tobacco as part of the information printed on the consumer packaging (insert sheet).

22. It is not allowed to apply quantitative indicators of the content of tar, nicotine and carbon monoxide in the smoke of tobacco products, as well as information containing statements that:

a) the consumption of this tobacco product (type of tobacco product) reduces the risk of diseases associated with the consumption of tobacco products;

b) this tobacco product (type of tobacco product) is less dangerous to health than other tobacco products (other type of tobacco products);

c) the risk of diseases associated with the consumption of this tobacco product (type of tobacco product) is reduced due to the presence (absence, reduced content) of the substance released during the consumption of the tobacco product.

23. The information printed on the consumer packaging (leaflet) must be printed in clear, legible, easy-to-read, indelible, resistant to climatic factors letters or symbols.

The means and methods of applying information to consumer packaging (leaflet) should ensure the safety of such information during transportation, storage and sale of tobacco products.

24. The information printed on the consumer packaging, with the exception of the name of tobacco products, must be located in such a way that the integrity of the labels is not violated when opening the consumer packaging.

25. The information printed on the consumer packaging must not be printed on a transparent wrapping film or any other external wrapping material, overlap with other printed information and may partially overlap with stamps, except for the front side of the consumer packaging.

26. The information on tobacco products provided for in paragraph 19 of this technical regulation is applied in Russian and in the state (state) language (s) of the member state, if there are relevant requirements in the legislation of the member state in which these tobacco products are sold, and can be repeated in other languages in terms of the name of the manufacturer (person authorized by the manufacturer), importer or controlling organization, as well as the name of tobacco products. The text included in the registered trademark or industrial design is applied in the language of registration.

27.A warning about the dangers of tobacco consumption is applied to each consumer packaging of tobacco products (leaflet).

Sketches of warnings about the dangers of tobacco product consumption and the parameters of their application to consumer packaging of tobacco products are developed by the authorized bodies of the member states in the field of healthcare and approved by the Eurasian Economic Commission.

28. The manufacturer (a person authorized by the manufacturer) or the importer (seller) must ensure that sketches of warnings about the dangers of tobacco consumption are applied to consumer packaging of tobacco products in accordance with the sketches within a period not exceeding 12 months from the date of their approval.

29. A warning about the dangers of tobacco product consumption should be placed on the upper parts of the front and back of the main sides of the consumer packaging of tobacco products. On the reverse main side of the consumer packaging of tobacco products, a warning about the dangers of tobacco consumption, if it is blocked by the brand or destroyed during the usual opening of the consumer packaging, is located on the lower part.

A warning about the dangers of tobacco consumption should occupy at least 50 percent of the area of these parties.

On the front main side of the consumer packaging of tobacco products, the text of the warning about the dangers of tobacco product consumption is applied in the state (state) language (s) of the member state in whose territory tobacco products are sold, if there are relevant requirements in the legislation of that state, and on the reverse main side-in Russian.

Sketches of warnings about the dangers of tobacco consumption are applied to an equal number of consumer packages of tobacco products.

30. Information about the content of systemic poisons, carcinogenic and mutagenic substances is applied to the side surface of the consumer packaging of tobacco products in a color contrasting with the main color of the consumer packaging, in the Helvetica font in the form of an inscription: "Contains systemic poisons, carcinogenic and mutagenic substances", which should occupy at least 17 percent of the surface area of the side of the consumer packaging of tobacco products.

31. Compliance of tobacco products with this technical regulation is ensured by the fulfillment of its requirements directly.

32. The methods of research (testing) and measurement of tobacco products are established in the standards included in the list of standards containing the rules and methods of research (testing) and measurement, including the rules of sampling necessary for the application and fulfillment of the requirements of this technical regulation and the implementation of conformity assessment of products.

33. Conformity assessment of tobacco products is carried out in the form of state control (supervision) and in the form of conformity assessment.

34. Before being put into circulation on the market of the Member States, tobacco products are subject to conformity assessment in the form of a declaration of conformity according to one of the following schemes:

a) for cigarettes-3d, 4d and 6d schemes;

b) for other types of tobacco products-1d and 2d.

35. When declaring the conformity of tobacco products, the applicant may be a legal entity or an individual registered in accordance with the legislation of a member state on its territory as an individual entrepreneur, who is a manufacturer (a person authorized by the manufacturer) or an importer (seller).

36. The declaration of conformity of cigarettes produced in series is carried out according to the 3d and 6d schemes, other types of tobacco products produced in series - according to the 1d scheme, batches of cigarettes - according to the 4d scheme, batches of other types of tobacco products - according to the 2d scheme.

37. When declaring the conformity of tobacco products, the applicant may be:

a) for schemes 1d, 3d and 6d - the manufacturer (a person authorized by the manufacturer);

b) for schemes 2d and 4d-the manufacturer (a person authorized by the manufacturer) or the importer (seller).

38. The choice of the scheme of declaration of conformity of tobacco products is carried out by the applicant.

39. The declaration of conformity of tobacco products according to schemes 1d and 2d is carried out by the applicant on the basis of his own evidence. Tests of tobacco product samples at the applicant's choice are carried out in the applicant's own testing laboratory, or an accredited testing laboratory (center) included in the Unified Register of Certification Bodies and Testing Laboratories (Centers) of the Customs Union, or in another testing laboratory of the Customs Union.

The declaration of conformity of tobacco products according to the 3d, 4d and 6d schemes is carried out by the applicant on the basis of his own evidence and evidence obtained with the participation of an accredited testing laboratory (center) included in the Unified Register of Certification Bodies and Testing Laboratories (centers) of the Customs Union.

40. When declaring the conformity of tobacco products, the applicant:

a) forms and analyzes documents confirming the compliance of tobacco products with the requirements of this technical regulation, including:

sample of consumer packaging (if available);

insert sheet (if available);

protocol (protocols) of testing samples of tobacco products for compliance with the requirements of this technical regulation (for cigarettes);

supply contract (contract) and shipping documentation (schemes 2d, 4d);

certificate for the quality management system (a copy of the certificate) (scheme 6d);

other documents at the applicant's choice, which served as the basis for confirming the compliance of tobacco products with the requirements of this technical regulation, as well as the requirements of other technical regulations of the Customs Union, which apply to it (if available);

b) carries out the identification of tobacco products in accordance with section III of this technical regulation;

c) ensures that production control is carried out and takes all necessary measures to ensure that the production process of tobacco products ensures its compliance with the requirements of this technical regulation (schemes 1d, 3d and 6d);

d) takes all necessary measures to ensure the stability of the quality management system (scheme 6d);

e) adopt a declaration of conformity, which is drawn up according to a single form and rules approved by the Decision of the Board of the Eurasian Commission of December 25, 2012 N 293;

f) applies a single sign for the circulation of products on the market of the member states of the Customs Union;

g) forms, after completing the conformity assessment procedure, a set of documents, which includes the documents provided for in subparagraph " a " of this paragraph, and a declaration of conformity.

41. The manufacturer (a person authorized by the manufacturer) has the right to accept a declaration of conformity for each name of tobacco products or one declaration of conformity for the declared range of manufactured tobacco products of one type.

The importer (seller) has the right to accept a declaration of conformity for each name of tobacco products or one declaration of conformity for the declared range of tobacco products of the same type within the framework of one supply agreement (contract).

42. The declaration of conformity is subject to registration in accordance with the procedure provided for by the Decision of the Board of the Eurasian Economic Commission of April 9, 2013 N 76.

The validity period of the declaration of conformity when declaring the conformity of tobacco products according to the schemes 1d and 3d is no more than 3 years, according to the scheme 6d-no more than 5 years. The validity period of the declaration of conformity is not established for a batch of tobacco products.

43. State control (supervision) over compliance with the requirements of this technical regulation in relation to tobacco products is carried out in accordance with the legislation of the Member state *43).

44. Tobacco products that have passed the assessment of compliance with the requirements of this technical regulation and other technical regulations of the Customs Union, which apply to it, must be marked with a single product circulation mark on the market of the member states of the Customs Union.

45. Marking with a single sign of circulation of products on the market of the member states of the Customs Union is carried out before the release of tobacco products into circulation.

46. A single product circulation mark on the market of the Customs Union member states is applied to the consumer packaging (leaflet) of tobacco products in any way that ensures its clear and clear image.

47. The marking of a single product circulation mark on the market of the member states of the Customs Union indicates the compliance of tobacco products with the requirements of this technical regulation, as well as the requirements of other technical regulations of the Customs Union, which apply to it.

48. The authorized bodies of the member states are obliged to take all measures to restrict and prohibit the release into circulation on the customs territory of the Customs Union of tobacco products that do not meet the requirements of this technical regulation and the technical regulations of the Customs Union, which apply to it, as well as to withdraw it from circulation.

In this case, the authorized body of the member state is obliged to notify the authorized bodies of other Member States of the adoption of the relevant decision, indicating the reason for its adoption and providing evidence explaining the need to take the appropriate measure.

1. Substances:

Agaricinic acid (Acidumagaricinicum);

birch tar oil (OleumBetulaeempyreumaticum);

bitter almond oil (OleumAmygdalarumamarum) containing free or bound prussic acid;

oil of sassafras (OleumSassafratis);

juniper tar oil (OleumJuniperiempyreumaticum);

Camphor oil (Oleumcamphoratum);

camphor;

coumarin;

safflower;

tuyon.

2. Substances whose circulation is prohibited in accordance with international treaties of the member states of the Customs Union and the Single Economic Space.

3. Aromatic and flavoring substances made from:

woody stem of bittersweet nightshade (Stipites Dulcamarae);

Camphor wood (Lignum Camphorae);

rhizomes of the common millipede (Rhizoma Poiypodii);

herbs of pulegia mint (flea mint) (Herba Pulegii);

quassia wood (Lignum Quassiae);

soapwood bark (Cortex Quillaja);

tansy herbs (Herba Tanaceti);

herbs of rue (Herba Rutae);

stems, leaves, bark of sassafras (Stipes, Folium, Cortex Sassafratis);

sweet clover (Millilotus officinalis);

tonka beans (Semen Toncae);

Liatris odoratissima (Liatris odoratissima);

ashberry (Asperula odorata).

The electronic text of the document was

prepared by JSC "Codex" and verified by:

official website of the Eurasian

Economic Commission

http://www.eurasiancommission.org,

10.12.2014