According to the adopted Decision, the EAEU member states will independently determine the date of introduction and the procedure for the mandatory identification marking of certain types of dairy products on their territory. They have agreed to notify the Eurasian Economic Commission of such a date.
At the same time, the EAEU members are not allowed to set a ban on the circulation of unmarked goods earlier than the deadlines set out in the list of dairy products, approved by the adopted Decision.
The list of milk and dairy products subject to mandatory identification marking according to the adopted Decision, includes:
- Cottage cheese;
- Cheeses;
- Ice creams;
- Milk and cream;
- Buttermilk, yoghurt, kefir and other fermented milk-based drinks; etc.
For most products, the earliest dates when the circulation of unmarked products can be banned, are either 1 September 2021 (e.g. milk and cream) or 1 December 2021 (e.g. buttermilk).
The Decision also provides that:
- marking of goods is carried out by means of identification, which are applied to consumer and group packages of dairy products and which correspond to the characteristics approved by this Decision;
- “group packaging of dairy products” should be defined as- a package that combines a certain number of consumer packages of one product, which is marked with the identification means and which can also be sold to the consumer. Group packaging of dairy products is disbanded when at least one unit of goods is withdrawn from it. Consumer packages are removed from circulation when the group packaging that combines them is sold simultaneously with the removal of group packaging from circulation;
- “consumer packaging” should be defined as packaging intended for sale or primary packaging of products, sold together with products;
- dairy products with a volume of 20 litres or more or weighing 20 kilograms or more in packaging intended for multiple use (reusable packaging) are not subject to the identification labelling. Labelling is only applied with the products are placed into retail packaging (consumer packaging);
- dairy products with a net weight of 30 grams or less, dairy products packaged in a non-industrial way in the retail sector, baby food for children under 3 years old and specialized dietary therapeutic and dietary preventive food are not subject to the identification labelling.
Until the introduction of unified methods of cryptographic protection from July 1, 2021, the Member States are to use digital (including cryptographic) and (or) polygraphic methods of protecting identification means established by the legislation of these Member States. Such remedies are to be recognised by the Member States that have introduced labelling of goods on their territory when moving labelled goods for the purposes of cross-border trade.
Law: Decision of the Eurasian Economic Commission of 23 December 2020 No. 129 on the Introduction of Identification Marking for Some Types of Milk and Dairy Products