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Commission Implementing Regulation (EU) 2018/574Show full title

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 (Text with EEA relevance)

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CHAPTER IIU.K. TECHNICAL SPECIFICATIONS RELATED TO THE UNIQUE IDENTIFIER

SECTION 1 U.K. Common provisions

Article 3U.K.ID issuer

[F11.The entity appointed by the Commissioners (the ‘ID Issuer’) is responsible for generating and issuing unique identifiers, in accordance with Articles 8, 9, 11 and 13.]

2.[F2An] ID issuer that intends to have recourse to subcontractors for the performance of its functions shall only be considered for appointment if the identity of any subcontractors proposed has been communicated to [F3the Commissioners].

3.The ID issuer shall be independent and comply with the criteria set out in Article 35.

4.[F4The] ID issuer shall be equipped with a unique identification code. The code shall be composed of alphanumeric characters and comply with the International Organization for Standardisation/International Electrotechnical Commission standard (‘ISO/IEC’) 15459-2:2015.

F55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F68.The ID Issuer must at all times have in place an exit plan—

(a)that establishes the procedure to be followed to guarantee the continuity of the operation of the service, in the event that a successor entity is to be appointed to carry out the service, until the new ID issuer is appointed, and

(b)that has been approved by the Commissioners.]

9.The ID issuer may establish and charge fees to economic operators solely for generating and issuing unique identifiers. Fees are to be non-discriminatory and proportionate to the number of unique identifiers generated and issued to economic operators taking into account the mode of delivery.

F7Article 4U.K.Competent ID issuers for generating and issuing unique identifiers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 5U.K.Validity of unique identifiers and deactivation

1.Unique identifiers generated by [F8the ID Issuer] may be used to mark unit packets [F9, or to be paired with associated unit level codes to be used to mark unit packets, or mark aggregated] packaging, as provided for by Articles 6 and 10, within a maximum period of six months from the date of receipt of the unique identifiers by the economic operator. After this time period unique identifiers shall become invalid and economic operators shall ensure that they are not used to mark unit packets [F9, or to be paired with associated unit level codes to be used to mark unit packets, or mark aggregated] packaging.

2.The [F10data repository] shall ensure that the unique identifiers that have not been used within the six months period referred to in paragraph 1 shall be automatically deactivated.

3.At any time, F11... economic operators may obtain the deactivation of the unique identifiers by transmitting a deactivation request via the router. The deactivation request [F12to the data repository] shall be introduced electronically, in accordance with Article 36, and shall contain the information listed in point 2.3 of Section 2 of Chapter II of Annex II, in the format indicated therein. The deactivation shall not interfere with the integrity of the information already stored related to the unique identifier.

SECTION 2U.K.Unique identifiers at unit packet level

Article 6U.K.Marking by means of unit level UIs

[F131.Manufacturers and importers must mark each unit packet manufactured or imported into the United Kingdom with:

(a)a unique identifier (‘unit level UI’) compliant with Article 8, or

(b)an associated unit level code that relates to the same unit packet that has been paired with a unit level UI compliant with Article 8.]

2.In the case of tobacco products that are manufactured [F14outside the United Kingdom], the unit level UI [F15or the associated unit level code that is paired with a unit level UI] shall be applied on the unit packet before the tobacco product is imported [F16into the United Kingdom].

Article 7U.K.Verification of unit level UIs

1.Manufacturers and importers shall ensure that the application of unit level UIs [F17, or of associated unit level codes that are paired with unit level UIs, are directly] followed by the verification of those unit level UIs [F18, or those associated unit level codes that are paired with unit level UIs,] in terms of correct application and readability.

2.The process referred to in paragraph 1 shall be protected with an anti-tampering device supplied and installed by an independent third party who shall provide a declaration to [F19HMRC] that the installed device meets the requirements of this Regulation.

3.Where the process referred to in paragraph 1 fails to confirm the correct application and full readability of the unit level UI [F20, or of the associated unit level code that is paired with a unit level UI], manufacturers and importers shall re-apply the unit level UI [F21or the associated unit level code that is paired with a unit level UI].

4.Manufacturers and importers shall ensure that the information recorded by the anti-tampering device remains available for a period of nine months from the time of recording.

5.Manufacturers and importers shall, upon request from [F22HMRC], provide full access to the record of the verification process created by the anti-tampering device.

6.By way of derogation from paragraphs 2, 4 and 5, the obligation to install an anti-tampering device shall not apply:

F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)until 20 May 2021 to production processes operated by economic operators falling under the definition of small and medium enterprises set out in Commission Recommendation 2003/361/EC(1);

(c)to fully manual production processes.

Textual Amendments

Article 8U.K.Structure of unit level UIs

1.Each [F24unit level UI] shall consist of as short a sequence of alphanumeric characters as possible, not exceeding 50 characters. The sequence shall be unique to a given unit packet and shall be composed of the following data elements:

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

(b)an alphanumeric sequence, whose probability to be guessed shall be negligible and in any case lower than one in ten thousand (‘serial number’);

(c)a code (‘product code’) allowing for the determination of the following:

i.

the place of manufacturing;

ii.

the manufacturing facility referred to in Article 16;

iii.

the machine used to manufacture the tobacco products referred to in Article 18;

iv.

the product description;

v.

the intended market of retail sale;

vi.

the intended shipment route;

vii.

where applicable, the importer into [F25the United Kingdom];

(d)in the last position, the time stamp in the form of a numeric sequence of eight characters, in the format YYMMDDhh, indicating the date and time of manufacture.

2.[F26The ID issuer] shall be responsible for the generation of a code consisting of the elements listed in paragraph 1, points (a), (b), and (c).

3.Manufacturers or importers shall add the time stamp referred to in paragraph 1, point (d), to the code generated by the ID issuer pursuant to paragraph 2.

4.Unit level UIs shall not include any data elements other than those listed in paragraph 1.

F27... Unit level UIs shall not be reused.

Article 9U.K.Request and issuing of unit level UIs

1.Manufacturers and importers shall send a request to the F28... ID issuer for unit level UIs referred to in Article 8. Requests shall be introduced electronically, in accordance with Article 36.

2.Manufacturers and importers introducing such a request shall supply the information listed in point 2.1. of Section 2 of Chapter II of Annex II, in the format indicated therein.

3.The ID issuer shall, within two working days from the receipt of the request and in the order indicated:

(a)generate the codes referred to in Article 8(2);

(b)transmit the codes along with the information referred to in paragraph 2 of this Article via the router to the [F29data repository], as established under Article 26; and

(c)electronically transmit the codes to the requesting manufacturer or importer.

4.However, [F30HMRC] may require [F31the ID issuer] to offer physical delivery of unit level UIs as an alternative to electronic delivery. In cases where physical delivery of unit level UIs is offered, manufacturers and importers shall specify whether physical delivery is requested. In that case, the ID issuer shall within 10 working days from the receipt of the request, and in the following order:

(a)generate the codes referred to in Article 8(2);

(b)transmit the codes along with the information referred to in paragraph 2 via the router to the [F32data repository], as established under Article 26;

(c)deliver the codes to the requesting manufacturer or importer in the form of optical barcodes, compliant with Article 21, placed on physical carriers, such as adhesive labels.

5.Within one working day, manufacturers and importers may cancel a request which was sent pursuant to paragraph 1 by means of a recall message as further defined in Point 5 of Section 5 of Chapter II of Annex II.

[F33Article 9AU.K.Request to pair associated unit level codes and unit level UIs

1.Manufacturers and importers may send a request to the ID issuer to pair associated unit level codes, referred to in Article 6(1)(b), with unit level UIs. Requests must be sent electronically, in accordance with Article 36.

2.A request under paragraph 1 must contain the information specified in point 3.A1 of Section 3 of Chapter 2 of Annex 2.]

SECTION 3 U.K. Unique identifiers at aggregated packaging level

Article 10U.K.Marking by means of aggregated level UIs

1.Where economic operators choose to comply with the recording obligations provided for under [F34Article 32(1)(c), (d) and (e) of this Regulation] by means of the recording of aggregated packaging, they shall mark aggregated packages containing tobacco products with a unique identifier (‘aggregated level UI’).

2.Aggregated level UIs shall be generated and issued on the basis of a request to the F35... ID issuer or directly by the economic operator.

3.Where the aggregated level UI is generated on the basis of a request to the F36... ID issuer, it shall comply with the structure set out in Article 11(1).

4.Where the aggregated level UI is generated directly by the economic operator, it shall consist of an individual unit code generated in accordance with ISO/IEC 15459-1:2014 or ISO/IEC 15459-4:2014 or their latest equivalents.

Article 11U.K.Structure of aggregated level UIs generated by [F37the ID Issuer]

1.For aggregated level UI generated on the basis of a request to the F38... ID issuer, the structure of the aggregated level UI shall consist of a sequence of a maximum of 100 alphanumeric characters that is unique to a given aggregated package and shall be composed of the following data elements:

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

(b)an alphanumeric sequence, whose probability to be guessed shall be negligible and in any case lower than one in ten thousand (‘serial number’);

(c)the identifier code of the facility (as set out in Article 16) in which the aggregation process took place;

(d)in the last position, the time stamp in the form of a numeric sequence of eight characters, in the format YYMMDDhh, indicating the date and time of aggregation.

2.[F39The ID issuer] shall be responsible for the generation of a code consisting of the elements listed in paragraph 1, points (a), (b), and (c).

3.Economic operators shall add the time stamp, referred to in paragraph 1, point (d), to the code generated by the ID issuer pursuant to paragraph 2.

4.The aggregated level UI may be completed by the economic operator with additional information, provided that the maximum character limit set out in paragraph 1 is not exceeded. Any such information may only appear after the data referred to in paragraph 1.

Article 12U.K.Link between UI levels

1.The aggregated level UI shall be capable of identifying the list of all unique identifiers contained within the aggregated packaging by means of an electronically accessible link to the [F40data repository].

F41[X12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.In order to establish the link referred to in paragraph 1, economic operators F42... shall transmit via the router to the [F43data] repository the information listed in point 3.2 of Section 3 of Chapter II of Annex II, in the format indicated therein.]

Article 13U.K.Request and issuing of aggregated level UIs generated by [F44the ID Issuer]

1.Economic operators requesting aggregated level UIs on the basis of a request to the F45... ID issuer shall introduce such requests electronically, in accordance with Article 36.

2.Economic operators introducing such requests shall supply the information listed in point 2.2. of Section 2 of Chapter II of Annex II, in the format indicated therein.

3.For manufacturers and importers, the ID issuer shall, within two working days from the receipt of the request and in the order indicated:

(a)generate the code referred to in Article 11(2);

(b)transmit the codes along with the information referred to in paragraph 2 via the router to the [F46data repository]; and

(c)transmit the codes electronically to the requesting manufacturer or importer.

4.For economic operators other than manufacturers and importers, the ID issuer shall, within two working days from the receipt of the request and in the order indicated:

(a)generate the code referred to in Article 11(2);

[X1(b)transmit the codes along with the information referred to in paragraph 2 via the router to the [F47data repository]; and]

(c)transmit the codes electronically to the requesting economic operators.

5.Within one working day, economic operators may cancel a request which was sent pursuant to paragraph 1 by means of a recall message as further defined in point 5 of Section 5 of Chapter II of Annex II, in the format indicated therein.

6.Aggregated level UIs issued by [F48the ID issuer] shall not be reused.

(1)

Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

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