CHAPTER I U.K. SUBJECT MATTER AND DEFINITIONS

Article 1 U.K. Subject matter

This Regulation lays down the technical standards for the establishment and operation of [F1 a traceability system for tobacco products].

Textual Amendments

F1 Words in Art. 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. 2 (with regs. 3(2)(3), 4-6)

Article 2 U.K. Definitions

For the purposes of this Regulation, in addition to the definitions laid down in [F2 regulation 2 of the Tobacco Products (Traceability and Security Features) Regulations 2019], the following definitions shall apply:

(A1)

[F3 ‘the Commissioners’ means the Commissioners for Her Majesty’s Revenue and Customs;]

(1)

‘unique identifier’ means the alphanumeric code enabling the identification of a unit pack or an aggregated packaging of tobacco products;

(1A)

[F4 ‘associated unit level code’ means a unique identifier relating to a unit pack of tobacco products that has been issued by a person outside the United Kingdom;]

(2)

‘economic operator’ means any natural or legal person who is involved in the trade of tobacco products, including for export, from the manufacturer to the last economic operator before the first retail outlet;

(3)

‘first retail outlet’ means the facility where tobacco products are placed on the market for the first time, including vending machines used for the sale of tobacco products;

(4)

‘export’ means shipment from the [F5 United Kingdom to another country];

(5)

‘aggregated packaging’ means any packaging containing more than one unit packet of tobacco products;

(6)

‘facility’ means any location, building or vending machine where tobacco products are manufactured, stored or placed on the market;

(7)

‘anti-tampering device’ means the device allowing for the recording of the verification process following the application of each unit level unique identifier [F6 , or each associated unit level code that has been paired with a unique identifier,] by means of a video or a log file, which once recorded cannot be further altered by an economic operator;

(8)

‘offline flat-files’ means the electronic files established and maintained by [F7 the] ID issuer that contain data in a plain text format allowing for the extraction of information encoded in the unique identifiers (excluding the time stamp) used at the unit packet and aggregated packaging levels without accessing the [F8 data repository];

(9)

‘registry’ means the record established and maintained by [F9 the] ID issuer of all the identifier codes generated for economic operators, operators of first retail outlets, facilities and machines along with the corresponding information;

(10)

‘data carrier’ means a carrier representing data in a form readable with the aid of a device;

(11)

‘machine’ means the equipment used for the manufacture of tobacco products which is integral to the manufacturing process;

(12)

‘time stamp’ means the date and time of occurrence of a particular event recorded in UTC (Coordinated Universal Time) time in a prescribed format;

(13)

[F10 ‘data repository’ means a repository containing traceability data relating to tobacco products;]

(14)

F10 ...

(15)

[F11 ‘router’ means a device established within the data repository that transfers data to the repository;]

(16)

F12 ...

(17)

‘common data dictionary’ means a set of information describing the contents, format, and structure of a database and the relationship between its elements, used to control access to and manipulation of the [F13 data stored in the data repository];

(18)

[F14 ‘working day’ means any day other than—

(a)

a Saturday or a Sunday;

(b)

Christmas Day or Good Friday; or

(c)

a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom;]

(19)

‘trans-loading’ means any transfer of tobacco products from one vehicle to another during which tobacco products do not enter and exit a facility;

(20)

‘vending van’ means a vehicle used for the delivery of tobacco products to multiple retail outlets in quantities that have not been predetermined in advance of the delivery.

Textual Amendments

F2 Words in Art. 2 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. 3(a) (with regs. 3(2)(3), 4-6)

F3 Art. 2(A1) inserted (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. 3(b) (with regs. 3(2)(3), 4-6)

F4 Art. 2(1A) inserted (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. 3(c) (with regs. 3(2)(3), 4-6)

F5 Words in Art. 2(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. 3(d) (with regs. 3(2)(3), 4-6)

F6 Words in Art. 2(7) inserted (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. 3(e) (with regs. 3(2)(3), 4-6)

F7 Word in Art. 2(8) 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. 3(g) (with regs. 3(2)(3), 4-6)

F8 Words in Art. 2(8) 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. 3(f) (with regs. 3(2)(3), 4-6)

F9 Word in Art. 2(9) 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. 3(g) (with regs. 3(2)(3), 4-6)

F10 Art. 2(13) substituted for Art. 2(13)(14) (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. 3(h) (with regs. 3(2)(3), 4-6)

F11 Art. 2(15) 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. 3(i) (with regs. 3(2)(3), 4-6)

F12 Art. 2(16) 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. 3(j) (with regs. 3(2)(3), 4-6)

F13 Words in Art. 2(17) 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. 3(k) (with regs. 3(2)(3), 4-6)

F14 Art. 2(18) 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. 3(l) (with regs. 3(2)(3), 4-6)