Commission Implementing Regulation (EU) 2018/574Dangos y teitl llawn

CHAPTER III U.K. IDENTIFIER CODES FOR ECONOMIC OPERATORS, FACILITIES AND MACHINES

Article 14 U.K. Request for an economic operator identifier code

1. Economic operators and operators of first retail outlets shall apply for an economic operator identifier code from the ID issuer F1 ....

2. Economic operators and operators of first retail outlets introducing a request pursuant to paragraph 1 shall provide the information listed in point 1.1 of Section 1 of Chapter II of Annex II, in the format indicated therein.

3. For operators of first retail outlets the obligation to apply for an economic operator identifier code may also be discharged by any other [F2 economic operator registered with the ID Issuer]. Such registration by the third party shall be subject to the consent of the operator of the first retail outlet. The third party shall inform the operator of the first retail outlet of the full details of the registration, including the allocated economic operator identifier code.

F3 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Any modification of the information submitted in the initial application form and any cessation of the operator activities shall be notified by the relevant operator to the ID issuer without delay, in the formats indicated in points 1.2. and 1.3. of Section 1 of Chapter II of Annex II.

Textual Amendments

F1 Words in Art. 14(1) omitted (31.12.2020) by virtue of The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 18(a) (with regs. 3(2)(3), 4-6)

F2 Words in Art. 14(3) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 18(b) (with regs. 3(2)(3), 4-6)

F3 Art. 14(4) omitted (31.12.2020) by virtue of The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 18(c) (with regs. 3(2)(3), 4-6)

Article 15 U.K. Issuing and registration of economic operator identifier codes

1. Upon receipt of a request pursuant to Article 14, the ID issuer shall generate an economic operator identifier code, which consists of the following data elements, to be placed in the following order:

(a) in the first position, the alphanumeric characters that constitute the ID issuer identification code assigned under Article 3(4); and

(b) in the second position, an alphanumeric sequence which is unique within the code pool of the ID issuer.

2. Within two working days, the ID issuer shall transmit the code to the requesting operator.

3. All the information submitted to the ID issuer in accordance with Article 14(2), and the corresponding identifier codes, shall form part of a registry to be established, managed and kept up to date by the F4 ... ID issuer.

4. In duly justified cases, [F5 the Commissioners] may, in accordance with [F6 Part 6 of the Tobacco Products (Traceability and Security Features) Regulations 2019], require the ID issuer to deactivate an economic operator identifier code. In such cases [F7 the Commissioners] shall inform the economic operator or the operator of a first retail outlet of the deactivation, together with the grounds for such deactivation. The deactivation of an economic operator identifier code shall lead to the automatic deactivation of related facility identifier codes and machine identifier codes.

5. Economic operators and operators of first retail outlets shall exchange information on their respective economic operator identifier codes in order to allow economic operators to record and transmit the transactional information, as provided under Article 33.

Textual Amendments

F4 Word in Art. 15(3) omitted (31.12.2020) by virtue of The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 19(a) (with regs. 3(2)(3), 4-6)

F5 Words in Art. 15(4) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 19(b)(i) (with regs. 3(2)(3), 4-6)

F6 Words in Art. 15(4) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 19(b)(ii) (with regs. 3(2)(3), 4-6)

F7 Words in Art. 15(4) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 19(b)(iii) (with regs. 3(2)(3), 4-6)

Article 16 U.K. Request for a facility identifier code

1. All facilities from manufacturing to the first retail outlet shall be identified by a code (‘facility identifier code’) generated by the ID issuer F8 ....

2. Economic operators and operators of first retail outlets shall apply for a facility identifier code providing to the ID issuer the information listed in point 1.4. of Section 1 of Chapter II of Annex II, in the format indicated therein.

3. For first retail outlets, the obligation to apply for a facility identifier code shall lie with the operator of the first retail outlet. This obligation may also be discharged by any other [F9 economic operator registered with the ID Issuer], who may act on behalf of the operator of the first retail outlet. The registration by the third party shall be subject to the consent of the operator of the first retail outlet. The third party shall inform the operator of the first retail outlet about the full details of the registration, including the allocated facility identifier code.

4. The obligation to apply for a facility identifier code related to manufacturing facilities located outside [F10 the United Kingdom] shall lie with the importer F11 .... The importer shall apply to any ID issuer appointed by a Member State on whose market they place their products. The registration by the importer shall be subject to the consent of the entity responsible for the F12 ... manufacturing facility. The importer shall inform the economic operator responsible for the F12 ... manufacturing facility about the full details of registration, including the allocated facility identifier code.

5. Any modification of the information submitted in the initial application form and any facility closure shall be notified by the economic operator to the ID issuer without delay, in the formats indicated in points 1.5 and 1.6 of Section 1 of Chapter II of Annex II.

Textual Amendments

F8 Words in Art. 16(1) omitted (31.12.2020) by virtue of The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 20(a) (with regs. 3(2)(3), 4-6)

F9 Words in Art. 16(3) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 20(b) (with regs. 3(2)(3), 4-6)

F10 Words in Art. 16(4) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 20(c)(i) (with regs. 3(2)(3), 4-6)

F11 Words in Art. 16(4) omitted (31.12.2020) by virtue of The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 20(c)(ii) (with regs. 3(2)(3), 4-6)

F12 Words in Art. 16(4) omitted (31.12.2020) by virtue of The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 20(c)(iii) (with regs. 3(2)(3), 4-6)

Article 17 U.K. Issuing and registration of facility identifier codes

1. Upon receipt of a request pursuant to Article 16, the ID issuer shall generate a facility identifier code, which consists of the following data elements, to be placed in the following order:

(a) in the first position, the alphanumeric characters that constitute the ID issuer identification code assigned under Article 3(4); and

(b) in the second position, an alphanumeric sequence which is unique within the code pool of the ID issuer.

2. Within two working days from the receipt of the request, the ID issuer shall transmit the code to the requesting operator.

3. All the information submitted to the ID issuer in accordance with Article 16(2), and the corresponding identifier codes shall form part of a registry to be established, managed and kept up to date by the F13 ... ID issuer.

4. In duly justified cases, [F14 the Commissioners] may require the ID issuer to deactivate a facility identifier code. In such cases [F14 the Commissioners] shall inform the economic operator or the operator of a first retail outlet of the deactivation, together with the grounds for such deactivation. The deactivation of a facility identifier code shall lead to the automatic deactivation of related machine identifier codes.

[X1 5. Economic operators and operators of first retail outlets shall exchange the information on their respective facility identifier codes in order to allow economic operators to record and transmit the information on product movements, as provided under Article 32.]

Editorial Information

X1 Substituted by Corrigendum to Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the establishment and operation of a traceability system for tobacco products (Official Journal of the European Union L 96 of 16 April 2018).

Textual Amendments

F13 Word in Art. 17(3) omitted (31.12.2020) by virtue of The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 21(a) (with regs. 3(2)(3), 4-6)

F14 Words in Art. 17(4) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 21(b) (with regs. 3(2)(3), 4-6)

Article 18 U.K. Request for a machine identifier code

1. Each machine shall be identified by a code (‘machine identifier code’) generated by the ID issuer F15 ....

2. Manufacturers and importers shall apply for a machine identifier code by providing to the ID issuer the information listed in point 1.7. of Section 1 of Chapter II of Annex II, in the format indicated therein.

3. The obligation to apply for a machine identifier code related to machines located in manufacturing facilities outside the [F16 United Kingdom] shall lie with the importer F17 .... The registration by the importer shall be subject to the consent of the entity responsible for the F18 ... manufacturing facility. The importer shall inform the economic operator responsible for the F18 ... manufacturing facility as to the full details of the registration, including the allocated machine identifier code.

4. Any modification of the information submitted in the initial application form and any decommissioning of the registered machines shall be notified by the manufacturer or the importer to the ID issuer without delay, in the formats indicated in points 1.8 and 1.9 of Section 1 of Chapter II of Annex II.

Textual Amendments

F15 Words in Art. 18(1) omitted (31.12.2020) by virtue of The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 22(a) (with regs. 3(2)(3), 4-6)

F16 Words in Art. 18(3) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 22(b)(i) (with regs. 3(2)(3), 4-6)

F17 Words in Art. 18(3) omitted (31.12.2020) by virtue of The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 22(b)(ii) (with regs. 3(2)(3), 4-6)

F18 Words in Art. 18(3) omitted (31.12.2020) by virtue of The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 22(b)(iii) (with regs. 3(2)(3), 4-6)

Article 19 U.K. Issuing and registration of machine identifier codes

1. Upon receipt of a request pursuant to Article 18, the ID issuer shall generate a machine identifier code, which consists of the following data elements, to be placed in the indicated position:

(a) in the first position, the alphanumeric characters that constitute the ID issuer identification code assigned under Article 3(4); and

(b) in the second position, an alphanumeric sequence which is unique within the code pool of the ID issuer.

2. Within two working days, the ID issuer shall transmit the code to the requesting operator.

3. All the information submitted to the ID issuer in accordance with Article 18(2), and the corresponding identifier codes shall form part of a registry to be established, managed and kept up to date by the F19 ... ID issuer.

4. In duly justified cases, [F20 the Commissioners] may require the ID issuer to deactivate a machine identifier code. In such cases [F20 the Commissioners] shall inform the manufacturers and importers of the deactivation, together with the grounds for such deactivation.

Textual Amendments

F19 Word in Art. 19(3) omitted (31.12.2020) by virtue of The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 23(a) (with regs. 3(2)(3), 4-6)

F20 Words in Art. 19(4) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 23(b) (with regs. 3(2)(3), 4-6)

Article 20 U.K. Transfer of offline flat-files and registries

1. [F21 The ID issuer] shall establish offline flat-files, as well as registries relating to the information referred to in Articles 14(2), 16(2) and 18(2), along with explanatory notes on the structures thereof.

2. Offline flat-files shall be no larger than two gigabytes F22 .... Each line of the flat-file shall hold one record with fields separated by delimiters such as commas or tabs.

3. [F23 The ID issuer] shall ensure that an up-to-date copy of all offline flat-files, registries and related explanatory notes are electronically provided via the router to the [F24 data] repository.

4. [F25 The Commissioners] may adapt the size limit for offline flat-files referred to in paragraph 2, taking into account both the average size of available memory installed on the verification devices used for offline checks of unique identifiers F26 ....

Textual Amendments

F21 Words in Art. 20(1) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 24(a) (with regs. 3(2)(3), 4-6)

F22 Words in Art. 20(2) omitted (31.12.2020) by virtue of The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 24(b) (with regs. 3(2)(3), 4-6)

F23 Words in Art. 20(3) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 24(c)(i) (with regs. 3(2)(3), 4-6)

F24 Word in Art. 20(3) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 24(c)(ii) (with regs. 3(2)(3), 4-6)

F25 Words in Art. 20(4) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 24(d)(i) (with regs. 3(2)(3), 4-6)

F26 Words in Art. 20(4) omitted (31.12.2020) by virtue of The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 1 para. 24(d)(ii) (with regs. 3(2)(3), 4-6)