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

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

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

[F1 1. 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 [F2 outside the United Kingdom], the unit level UI [F3 or 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 [F4 into the United Kingdom].

Textual Amendments

F1 Art. 6(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. 7(a) (with regs. 3(2)(3), 4-6)

F2 Words in Art. 6(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. 7(b)(i) (with regs. 3(2)(3), 4-6)

F3 Words in Art. 6(2) 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. 7(b)(ii) (with regs. 3(2)(3), 4-6)

F4 Words in Art. 6(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. 7(b)(iii) (with regs. 3(2)(3), 4-6)

Article 7 U.K. Verification of unit level UIs

1. Manufacturers and importers shall ensure that the application of unit level UIs [F5 , or of associated unit level codes that are paired with unit level UIs, are directly] followed by the verification of those unit level UIs [F6 , 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 [F7 HMRC] 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 [F8 , 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 [F9 or 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 [F10 HMRC], 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:

F11 (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

F5 Words in Art. 7(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. 8(a)(i) (with regs. 3(2)(3), 4-6)

F6 Words in Art. 7(1) 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. 8(a)(ii) (with regs. 3(2)(3), 4-6)

F7 Word in Art. 7(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. 8(b) (with regs. 3(2)(3), 4-6)

F8 Words in Art. 7(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. 8(c)(i) (with regs. 3(2)(3), 4-6)

F9 Words in Art. 7(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. 8(c)(ii) (with regs. 3(2)(3), 4-6)

F10 Word in Art. 7(5) 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. 8(d) (with regs. 3(2)(3), 4-6)

F11 Art. 7(6)(a) 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. 8(e) (with regs. 3(2)(3), 4-6)

Article 8 U.K. Structure of unit level UIs

1. Each [F12 unit 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 [F13 the 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. [F14 The 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.

F15 ... Unit level UIs shall not be reused.

Textual Amendments

F12 Words in Art. 8(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. 9(a)(i) (with regs. 3(2)(3), 4-6)

F13 Words in Art. 8(1)(c)(vii) 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. 9(a)(ii) (with regs. 3(2)(3), 4-6)

F14 Words in Art. 8(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. 9(b) (with regs. 3(2)(3), 4-6)

F15 Words in Art. 8(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. 9(c) (with regs. 3(2)(3), 4-6)

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

1. Manufacturers and importers shall send a request to the F16 ... 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 [F17 data repository], as established under Article 26; and

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

4. However, [F18 HMRC] may require [F19 the 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 [F20 data 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.

Textual Amendments

F16 Word in Art. 9(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. 10(a) (with regs. 3(2)(3), 4-6)

F17 Words in Art. 9(3)(b) 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. 10(b) (with regs. 3(2)(3), 4-6)

F18 Words in Art. 9(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. 10(c)(i) (with regs. 3(2)(3), 4-6)

F19 Words in Art. 9(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. 10(c)(ii) (with regs. 3(2)(3), 4-6)

F20 Words in Art. 9(4)(b) 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. 10(b) (with regs. 3(2)(3), 4-6)

[F21 Article 9A U.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.]

Textual Amendments

F21 Art. 9A 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. 11 (with regs. 3(2)(3), 4-6)

(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).