According to the RA anti-tobacco law, since January 1, 2024, the boxes of tobacco products produced or imported in the territory of the RA must have images informing and warning about the harmfulness of their use. It turns out that only tobacco products produced or imported before that are allowed to be sold without a picture.
The RA market control inspection body carried out inspections in all companies involved in the import and production of tobacco products operating in the territory of the Republic of Armenia and found out that all of them, without exception, after January 1 of this year put into circulation tobacco products that do not comply with the "Tobacco" regulation of the Customs Union. to the requirements of the technical regulation on products. The companies were fined 400 thousand drams each.
This was reported by the Market Control Inspection Authority in response to NEWS.am's written inquiry. Let us remind that ahead of October 12, which is celebrated in Armenia as the National Anti-Tobacco Day, NEWS.am tried to find out how much Are the norms of restricting the sale of cigarettes observed in our country, and which structures and how do they control them? Our observations in several sales outlets showed that both regular cigarettes and packs with pictures warning about the dangers of smoking are available for sale. Meanwhile, Armenia, as a member country of the Eurasian Economic Union, is obliged to be guided by the EAEU technical regulation, according to which the tobacco products that were imported to Armenia or locally produced in 2024. after January 1, must be in boxes with images informing and warning about the harmfulness of use.
We have applied to several structures, trying to find out which department supervises the implementation of the measures provided by the anti-tobacco legislation. The Ministry of Health answered our written request that issues related to tobacco market control, inspections and fines are beyond the jurisdiction of the RA Ministry of Health. The department clarified that "the function of control over the enforcement of the provisions of the anti-tobacco law is assigned to the inspection bodies carrying out control and the Ministry of Internal Affairs of the Republic of Armenia in accordance with the Code on Administrative Offenses".
In particular, according to the Ministry of Health, the Health and Labor Inspection Body investigates administrative offenses under Article 47.15, Parts 1-3, 7, 9, Article 173.1, Part 3, and Article 173.3 of the Code. the cases regarding administrative offenses provided for in the article, the market control inspection body, in accordance with parts 4-5 of article 47.15, articles 47.16 and 47.17, articles 1, 2 of article 173.1 of the Code , the cases regarding administrative offenses provided for in parts 4-9, the Ministry of Internal Affairs of the Republic of Armenia, the cases regarding administrative offenses provided for in Articles 135.1, 135.2, 173.2 of the Code, regarding the use of tobacco products and their substitutes in prohibited places. It should be noted that Article 47.15 refers to the violations of the requirements for the prohibition and restrictions on advertising, sale (sale) promotion and sponsorship of tobacco products, in particular: parts 1-3 on advertising of tobacco products, parts 4-5 on free provision of samples and sponsorship, part 7 Part 9 is about violations of the open display of tobacco products in sales outlets, and Part 9 is about violations of the broadcaster's failure to provide information on the harmfulness of the use of tobacco products in the manner and manner prescribed by law. and Article 47.17 is about violating the requirements for packaging and labeling of tobacco products in terms of providing information on negative health effects. Article 173.1 is about violating the rules or prohibitions on the sale of tobacco products, 173.2 is about the prohibition of use or restriction of use. to violate, 173.3 to failure to take measures to restrict use, 135.1 to use in public transport, and 135.2 to use in vehicles. Thus, the control of the requirements for the packaging of tobacco products is carried out by the Market Control Inspection Body. NEWS.am also sent a request to the Market Control Inspection Body, asking them to answer the following questions: Have inspections been carried out in the tobacco market from January 1, 2024 to now? during the period.
If yes, what did they show and what measures were taken to eliminate the violations? We present the inspection body's response in full.
"In response to No. 2074/24-M addressed to the Market Control Inspection Authority by you. In writing, we inform you that the RA Market Control Inspection Authority (hereinafter referred to as the RA Market Control Inspection Authority) has carried out inspections of all companies involved in the import and production of tobacco products operating in the Republic of Armenia, as a result of which it has been found that the latter, without exception, are in circulation after January 1 of this year. put in tobacco products that do not meet the requirements of the "Technical Regulation on Tobacco Products" (CU TK 035/2014) approved by Decision 107-N of the Council of the Economic Commission of the Customs Union on November 12, 2014. Meanwhile, according to Decision No. 53 of the Board of the Eurasian Economic Commission of May 12, 2015 "On the Transitional Provisions of the Technical Regulation of the Customs Union "Technical Regulation of Tobacco Products" (MU TC 035/2014)" from January 1, 2024, the Customs Union Economic "Technical Regulation on Tobacco Products" (MU TC 035/2014) approved by the Commission Council's Decision No. 107 of November 12, 2014, and the Technical Regulation of the Customs Union on the territory of the Republic of Armenia from January 1, 2024 should be put into circulation exclusively in the MU TC 035/2014 tobacco products complying with technical regulations.
According to the results of the conducted inspection, inspection acts were drawn up for all business entities, and administrative liability was applied to the companies in the amount of 400,000 AMD.
It should also be noted that the full sale of tobacco products manufactured, imported and put into circulation before January 1, 2024 is allowed, and those put into circulation after January 1, 2024 must necessarily comply with the requirements of the technical regulations of the Ministry of Trade and Industry 035/2014".
