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

SECTION 1 U.K. Common provisions

Article 3 U.K. ID issuer

[F1 1. 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. [F2 An] 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 [F3 the Commissioners].

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

4. [F4 The] 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.

F5 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 8. 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.

Textual Amendments

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

F2 Word in Art. 3(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. 4(b)(i) (with regs. 3(2)(3), 4-6)

F3 Words in Art. 3(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. 4(b)(ii) (with regs. 3(2)(3), 4-6)

F4 Word in Art. 3(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. 4(c) (with regs. 3(2)(3), 4-6)

F5 Art. 3(5)-(7) 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. 4(d) (with regs. 3(2)(3), 4-6)

F6 Art. 3(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. 4(e) (with regs. 3(2)(3), 4-6)

F7 Article 4 U.K. Competent ID issuers for generating and issuing unique identifiers

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

Textual Amendments

F7 Art. 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. 5 (with regs. 3(2)(3), 4-6)

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

1. Unique identifiers generated by [F8 the 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 [F10 data 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 [F12 to 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.

Textual Amendments

F8 Words in Art. 5(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. 6(a)(i) (with regs. 3(2)(3), 4-6)

F9 Words in Art. 5(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. 6(a)(ii) (with regs. 3(2)(3), 4-6)

F10 Words in Art. 5(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. 6(b) (with regs. 3(2)(3), 4-6)

F11 Words in Art. 5(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. 6(c)(i) (with regs. 3(2)(3), 4-6)

F12 Words in Art. 5(3) 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. 6(c)(ii) (with regs. 3(2)(3), 4-6)