Registration of equipment for preparation or processing of tobacco, tobacco raw materials, industrial production of tobacco products
Resolution of the Cabinet of Ministers of Ukraine №466 as of 26.04.2024 "On approval of Procedure for maintaining the Unified state register of equipment for preparation or processing of tobacco, tobacco raw materials, industrial production of tobacco products" entered into force on 01.05.2024 (Uryadovyy kuryer, 2024, 05, 01.05.2024 №89) (hereinafter – Resolution).
Adopted Resolution introduces the Unified state register of equipment for preparation or processing of tobacco, tobacco raw materials, industrial production of tobacco products (hereinafter – Unified register of equipment), which begins to function 30 days after the Resolution comes into force, that is, from 31.05.2024.
Application form for registration of equipment in the Unified register of equipment was approved by Order of the Ministry of Finance of Ukraine №99 as of 29.02.2024 "On approval of application forms for registration of equipment for preparation or processing of tobacco, tobacco raw materials, industrial production of tobacco products in the Unified state register of equipment for preparation or processing of tobacco, tobacco raw materials, industrial production of tobacco products, on making changes to information, on the exclusion of information contained in the Unified state register of equipment for preparation or processing of tobacco, tobacco raw materials, industrial production of tobacco products", registered in the Ministry of Justice of Ukraine on 14.03.2024 under №382/41727.
Application for registration of equipment for preparation or processing of tobacco, tobacco raw materials, industrial production of tobacco products is submitted within 10 working days from the day of acquiring right for ownership/use of equipment located on the territory of Ukraine, and in the case of its import to the customs territory of Ukraine – within 10 working days from the day of completion of its customs clearance.
To register equipment in the Unified register of equipment, owners of equipment or importers, or individuals authorized by them or users of equipment in their possession/use as of 31.05.2024, including that which was entered in the Unified state register of equipment for industrial production, cigars and cigarettes, as well as those that were not included in it due to the fact that before the list was clarified, specified in Article 1 of the Law of Ukraine №481 as of 19.12.1995 "On state regulation of production and turnover of ethyl alcohol, alcohol distillates, alcoholic beverages, tobacco products, liquids used in electronic cigarettes and fuel" (hereinafter – Law №481), was not subject to entry into the Register, submit application for registration of such equipment in the Unified register of equipment and copies of documents confirming import of equipment to the customs territory of Ukraine or right for ownership of equipment/use of equipment within 10 calendar days from the day of its operation (from 31.05. 2024).
In the case that the business entity does not have documents confirming import of equipment to the customs territory of Ukraine or ownership/use of equipment on the date of beginning of operation of the Unified state register of equipment, due to the expiration of their storage period or loss of such documents due to the occurrence of force in case of force majeure, such business entity submits other documents confirming the presence of such equipment in its records.
Article 17 of the Law №481 stipulates that financial sanctions in the form of fines are applied to business entities for violating provisions of Article 21 of this Law.
