1.To allow the determination of the actual shipment route of unit packets manufactured in, or imported into the [F1United Kingdom], economic operators shall record the following events:
(a)application of unit level UIs [F2, or of associated unit level codes that have been paired with unit level UIs,] on unit packets;
(b)application of aggregated level UIs on aggregated packaging;
(c)dispatch of tobacco products from a facility;
(d)arrival of tobacco products at a facility;
(e)trans-loading.
2.[F3Economic operators] shall transmit the information listed in points 3.1 to 3.5 of Section 3 of Chapter II of Annex II, in the format indicated therein, to the [F4router]. F5...
3.For disaggregation of aggregated packaging marked pursuant to Article 10(4), where an economic operator intends to reuse an aggregated level UI in any future operations, [F6economic operators] shall transmit the information listed in point 3.6 of Section 3 of Chapter II of Annex II, in the format indicated therein, to the [F7router]. F8...
4.For deliveries to multiple first retail outlets by means of a vending van, [F9economic operators] shall transmit the information listed in point 3.7 of Section 3 of Chapter II of Annex II, in the format indicated therein, to the [F10router]. F11...
5.For dispatch and trans-loading of unit or aggregated packaging of tobacco products with total weight below 10 kg destined outside the [F12United Kingdom, the Commissioners] may allow the recording obligation referred to in paragraph 1 in points (c) to (e) to be discharged by means of providing access to the logistic or postal operator's own track and trace system records.
6.If following the application of the unique identifier tobacco products are destroyed or stolen, economic operators shall promptly transmit a deactivation request in accordance with the scope and format specified in point 2.3 of Section 2 of Chapter II of Annex II.
7.The information concerning the event shall be deemed to have been transmitted correctly upon the positive acknowledgement by F13... the router. The acknowledgement shall include a message recall code to be applied by the economic operator if the original message needs to be cancelled.
[F148.In the case of tobacco products that are marked with associated unit level codes paired with unit level UIs issued by the ID Issuer, where the information listed in Section 3 of Chapter 2 of Annex 2, as referred to in paragraphs 2, 4 and 5, refers to “unit packet level UIs” that reference is to be treated as a reference to the associated unit level code.]
Textual Amendments
F1Words in Art. 32(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. 42(a)(i) (with regs. 3(2)(3), 4-6)
F2Words in Art. 32(1)(a) 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. 42(a)(ii) (with regs. 3(2)(3), 4-6)
F3Words in Art. 32(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. 42(b)(i) (with regs. 3(2)(3), 4-6)
F4Word in Art. 32(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. 42(b)(ii) (with regs. 3(2)(3), 4-6)
F5Words in Art. 32(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. 42(b)(iii) (with regs. 3(2)(3), 4-6)
F6Words in Art. 32(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. 42(c)(i) (with regs. 3(2)(3), 4-6)
F7Word in Art. 32(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. 42(c)(ii) (with regs. 3(2)(3), 4-6)
F8Words in Art. 32(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. 42(c)(iii) (with regs. 3(2)(3), 4-6)
F9Words in Art. 32(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. 42(c)(i) (with regs. 3(2)(3), 4-6)
F10Word in Art. 32(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. 42(c)(ii) (with regs. 3(2)(3), 4-6)
F11Words in Art. 32(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. 42(c)(iii) (with regs. 3(2)(3), 4-6)
F12Words in Art. 32(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. 42(d) (with regs. 3(2)(3), 4-6)
F13Words in Art. 32(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. 42(e) (with regs. 3(2)(3), 4-6)
1.[F15Economic] operators shall record the following events:
(a)issuing of the order number;
(b)issuing of the invoice;
(c)receipt of the payment.
2.[F16Economic operators] shall transmit the information listed in Section 4 of Chapter II of Annex II, in the format indicated therein, to the [F17router]. F18...
3.The responsibility for recording and transmitting the information referred to in paragraph 2 shall lie with the vendor.
4.The information referred to in paragraph 2 shall be deemed to have been transmitted correctly upon the positive acknowledgement by F19... the router. The acknowledgement shall include a message recall code to be applied by the economic operator if the original message needs to be cancelled.
[F205.In the case of tobacco products that are marked with associated unit level codes paired with unit level UIs issued by the ID Issuer, where the information listed in Section 4 of Chapter 2 of Annex 2, as referred to in paragraph 2, refers to “unit packet level UIs” that reference is to be treated as a reference to the associated unit level code.]
Textual Amendments
F15Word in Art. 33(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. 43(a) (with regs. 3(2)(3), 4-6)
F16Words in Art. 33(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. 43(b)(i) (with regs. 3(2)(3), 4-6)
F17Word in Art. 33(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. 43(b)(ii) (with regs. 3(2)(3), 4-6)
F18Words in Art. 33(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. 43(b)(iii) (with regs. 3(2)(3), 4-6)
F19Words in Art. 33(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. 43(c) (with regs. 3(2)(3), 4-6)
1.Economic operators shall transmit the information referred to in Article 32(1) points (a), (b) and (d), Articles 32(3) and (4), and Article 33(1), within 3 hours from the occurrence of the event. The information referred to in Article 32 shall be transmitted in the order of the occurrence of the events.
2.For the purposes of paragraph 1, the events referred to in Article 33 shall be deemed to occur at the moment when they can be associated with the relevant unit packets for the first time.
3.Economic operators shall transmit the information concerning the dispatch of tobacco products from a facility and trans-loading referred to in Article 32(1) points (c) and (e), within 24 hours prior to the occurrence of the event.
4.By way of derogation from paragraph 1, economic operators may transmit the information referred to in Article 32(1) points (a), (b) and (d), Articles 32(3) and (4), and Article 33(1), within 24 hours from the occurrence of the event, if they fulfil any of the following conditions:
F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)they are small and medium enterprises within the meaning of Commission Recommendation 2003/361/EC.
5.Paragraph 1 shall apply from 20 May 2028. Until that date all economic operators may transmit the information referred to in paragraph 1 within 24 hours from the occurrence of the event.
Textual Amendments
F21Art. 34(4)(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. 44 (with regs. 3(2)(3), 4-6)