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)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC(1), and in particular Article 15(11) thereof,

Whereas:

(1) In order to address the issue of illicit trade in tobacco products, Directive 2014/40/EU provides that all unit packets of tobacco products are to be marked with a unique identifier in order for their movements to be recorded. This will enable such products to be tracked and traced throughout the Union. Technical specifications regarding the system's establishment and operation, as well as its compatibility throughout the Union, should be laid down.

(2) Rules concerning the marking of packages with a unique identifier, the recording and transmission of data, the processing, storing and accessing of data and the compatibility of components of the traceability system should be set.

(3) Legislative action at Union level is also necessary in order to implement Article 8 of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control(2) (‘WHO FCTC Protocol’), which has been ratified by the European Union(3) and provides for a global tracking and tracing regime for tobacco products, to be established by the Parties to the WHO FCTC Protocol within five years of its entry into force.

(4) In order to combat multiple existing types of fraudulent activities that result in illicit products being made available to consumers, including practices that entail the false declaration of exports, the traceability system provided for under this Regulation is to apply, in accordance with Article 15 of Directive 2014/40/EU, to all tobacco products manufactured in the Union, as well as to those manufactured outside the Union insofar as they are destined for or placed on the Union market.

(5) In order to provide for the independence of the traceability system and guarantee that it is controlled by the Member States, as provided for under Article 8 of the WHO FCTC Protocol, a proper assignment of roles in relation to the marking of packages with a unique identifier is essential. The key task of generation of the unique identifiers at unit packet level should be attributed to an independent third party appointed by each Member State (‘ID issuer’).To avoid the risk that two or more ID issuers, independently of each other, generate the same unique identifier, each ID issuer should be identified by a unique identification code, which should also form part of the unique identifiers issued by them.

(6) In order to guarantee the uniqueness of the identifier, a serial number generated by the ID issuer should form part of each unique identifier that has a negligible probability of being guessed by falsifiers.

(7) When requesting unit packet unique identifiers from an ID issuer, manufacturers and importers should be required to provide all information necessary for the issuer to be able to generate that identifier, in accordance with Article 15(2), points (a) to (h) of Directive 2014/40/EU, with the exception of date and time of manufacture, which may not be possible to determine in advance and which should be added by economic operators at the moment of production.

(8) The length of the unit level unique identifier may impact the speed at which it can be applied to unit packets by tobacco product manufacturers or importers. In order to avoid an excessive impact on this process whilst ensuring sufficient space for all information required at unit packet level, the maximum permitted number of alphanumeric characters for the unit level unique identifier should be laid down.

(9) In order to ensure that unit level unique identifiers are capable of meeting the requirements relating to the maximum permitted number of alphanumeric characters, information required under Article 15(2) points (a) to (h) of Directive 2014/40/EU should be translated into code.

(10) For the purpose of enabling the competent authorities of the Member States to decode the unique identifiers without accessing the information stored in the repositories system, flat-files should be established and maintained by the ID issuers. Such flat-files should enable all information codified in the unique identifier codes to be identified. The size of such flat-files should be defined, in order to ensure that they can be downloaded to the devices used by Member States when reading the unique identifiers in offline mode (offline flat-files).

(11) Directive 2014/40/EU provides that the recording obligations established pursuant to Article 15 may be complied with by the marking and recording of aggregated packaging, such as cartons, mastercases or pallets, provided that the tracking and tracing of all unit packets remains possible. Where economic operators opt to make use of that possibility, they should be required to ensure that such packaging is marked with an aggregated level identifier which is also unique and therefore capable of unequivocally identifying any lower aggregated levels and ultimately the unit packets that it contains.

(12) In order to ensure that all movements of the unit packets can be recorded and transmitted, manufacturers and importers should verify the unique identifiers so as to ensure their correct application and readability. To control this critical process for the unit level unique identifiers, anti-tampering devices, which are to be supplied by an independent third party, should be installed on the devices used for verification purposes. In laying down rules on the installation of such devices, it is appropriate to take into account differences between undertakings, particularly as regards their size, production output and nature of the production process, so as to ensure that compliance with this requirement does not entail an excessive burden, particularly, on smaller operators, including small and medium-sized enterprises (SMEs). As anti-tampering devices are of particular relevance to the automated production of tobacco products, for the purpose of ensuring that the integrity of unit level unique identifiers is adequately protected, it is appropriate to limit the obligation to install such devices to operators other than those that use fully manual production processes.

(13) In order to minimise the impact of the traceability system on production and distribution schemes, economic operators should be permitted to order batches of the unique identifiers in advance. However, to avoid overstocking of the unique identifiers by economic operators and to control the size of individual orders, a time limit for the application of unique identifiers issued at both unit packet and aggregated levels should be set. These measures should also alleviate potential excessive impacts on the generation and issuing activities performed by the ID issuers.

(14) In order to ensure the proper functioning of the traceability system, economic operators and operators of first retail outlets should apply in advance to the relevant ID issuers for an economic operator identifier code and for a facility identifier code for each facility. The assignment of economic operator identifier codes and facility identifier codes permits the efficient identification of all purchasers and of the actual shipment route from manufacturing to the first retail outlet as provided for in Article 15(2) points (i) and (j) of Directive 2014/40/EU.

(15) Manufacturers or importers should in addition apply for an identifier code for machines used to manufacture tobacco products. The obligation to apply for machine identifier codes permits the efficient identification of the machine used to manufacture the tobacco products in accordance with Article 15(2) point (c) of Directive 2014/40/EU.

(16) In order to ensure that the information contained in the unique identifier is capable of being recorded and transmitted by all relevant economic operators, as well as to guarantee the compatibility of the unique identifier with external components such as scanning devices, the types of permitted data carriers should be specified.

(17) In order for the traceability system to be able to achieve its objective, it is necessary for it to be capable of enabling easy transmission of all relevant data, providing secure storage of data and ensuring full access to this data for the Commission, the competent authorities of the Member States and the external auditor. The storage architecture should further allow manufacturers and importers to select independent third party data storage providers with which to conclude data storage contracts for the purpose of hosting data related exclusively to their tobacco products (‘primary repositories’), as provided for by Article 15(8) of Directive 2014/40/EU, whilst ensuring authorities are provided with full access to all stored data for the purpose of carrying out their monitoring and enforcement activities. The effectiveness of such monitoring and enforcement activities requires the presence of a single second-level repository system (‘secondary repository’), containing a copy of all the data stored in the primary repositories and providing authorities with a global overview of the functioning of the traceability system. A routing system, operated by the provider of the secondary repository, should be established in order to provide economic operators other than manufacturers and importers with a single entry point to submit the data recorded by them to the traceability system and thereby ease the data transmission. At the same time, the routing service should ensure that data are transmitted to the correct primary repository.

(18) In order to guarantee full access for relevant authorities and to contribute to the efficient functioning of the traceability system, the provider of the secondary repository should develop user interfaces enabling the stored data to be viewed and queried. In accessing the repositories system the relevant authorities should be able to rely on the eIDAS(4) based reusable solutions provided as building blocks under the telecommunication part of the Connecting Europe Facility. In addition, to facilitate effective surveillance and enforcement, the user interface should allow for the possibility to define individual automatic alerts based on specific reporting events.

(19) To ensure interoperability of the components of the repositories system, technical specifications, based on non-proprietary open standards, should be established for the exchange of data between the primary repositories, the secondary repository and the routing system.

(20) In order to ensure that the required information is recorded and transmitted in a timely and uniform manner by all economic operators, the precise list of supply chain and transactional events that are required to be recorded under Article 15(2), points (i), (j) and (k) of Directive 2014/40/EU, as well as the content of the information messages to be transmitted, should be laid down.

(21) Given that the aim of a traceability system is to provide Member States and the Commission with an effective tool to fight illicit trade of tobacco products, timely availability of supply chain and transactional event data is necessary for investigation and enforcement purposes. The maximum time that may elapse between the occurrence of a relevant supply chain or transactional event and the transmission of the related information to the relevant data storage repository should therefore be established. In laying down such time-limits, it is appropriate to take into account differences between undertakings, particularly as regards their size and production output, so as to ensure that compliance with reporting obligations does not entail an excessive burden, particularly on smaller operators, including small and medium-sized enterprises (SMEs).

(22) For investigation and enforcement purposes, it is necessary that competent authorities of Member States and the Commission have access to a record of all economic operators and operators of first retail outlets involved in the trade of tobacco products, as well as the facilities and machines that are used by them to manufacture, store and process their products. Therefore, each ID issuer should establish and maintain a registry that contains the identifier codes for economic operators, operators of first retail outlets, machines and facilities referred to above. An up-to-date copy of these registries, along with the corresponding information, should be transferred electronically via the router to the secondary repository and compiled into an EU-wide register.

(23) Given the requirement for the traceability system to be independent of manufacturers and importers of tobacco products and to be under the control of the Member States, as provided for under Article 8 of the WHO FCTC Protocol, common criteria for the assessment of independence of all third parties involved in the traceability system (ID issuers, providers of repository services and anti-tampering devices) should be laid down. In order to ensure the continuing respect of the requirement for independence that is critical for ensuring and maintaining the integrity of the traceability system, the procedures governing the appointment of the ID issuers and other independent providers and the monitoring of their compliance with the independence criteria set out in this Regulation should undergo periodic review by the Commission. Conclusions of the review should be published by the Commission and form part of the report on the application of Directive 2014/40/EU provided for under Article 28 of that Directive.

(24) The protection of personal data processed in the context of a traceability system should be ensured in accordance with Directive 95/46/EC of the European Parliament and of the Council(5).

(25) Recourse to international standards should be possible for the purposes of demonstrating fulfilment of certain technical requirements laid down in this Regulation. Where it is not possible to prove compliance with international standards, it should be the responsibility of the persons to whom the obligations are imposed to prove, by verifiable means, that they comply with those requirements.

(26) The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 25 of Directive 2014/40/EU,

HAS ADOPTED THIS REGULATION:

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)

CHAPTER II U.K. TECHNICAL SPECIFICATIONS RELATED TO THE UNIQUE IDENTIFIER

SECTION 1 U.K. Common provisions

Article 3 U.K. ID issuer

[F15 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. [F16 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 [F17 the Commissioners].

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

4. [F18 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.

F19 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20 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

F15 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)

F16 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)

F17 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)

F18 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)

F19 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)

F20 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)

F21 Article 4 U.K. Competent ID issuers for generating and issuing unique identifiers

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

Textual Amendments

F21 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 [F22 the ID Issuer] may be used to mark unit packets [F23 , 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 [F23 , or to be paired with associated unit level codes to be used to mark unit packets, or mark aggregated] packaging.

2. The [F24 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, F25 ... economic operators may obtain the deactivation of the unique identifiers by transmitting a deactivation request via the router. The deactivation request [F26 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

F22 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)

F23 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)

F24 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)

F25 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)

F26 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)

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

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

[F27 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 [F28 outside the United Kingdom], the unit level UI [F29 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 [F30 into the United Kingdom].

Textual Amendments

F27 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)

F28 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)

F29 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)

F30 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 [F31 , or of associated unit level codes that are paired with unit level UIs, are directly] followed by the verification of those unit level UIs [F32 , 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 [F33 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 [F34 , 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 [F35 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 [F36 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:

F37 (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(6);

(c) to fully manual production processes.

Textual Amendments

F31 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)

F32 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)

F33 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)

F34 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)

F35 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)

F36 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)

F37 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 [F38 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 [F39 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. [F40 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.

F41 ... Unit level UIs shall not be reused.

Textual Amendments

F38 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)

F39 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)

F40 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)

F41 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 F42 ... 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 [F43 data repository], as established under Article 26; and

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

4. However, [F44 HMRC] may require [F45 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 [F46 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

F42 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)

F43 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)

F44 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)

F45 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)

F46 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)

[F47 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

F47 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)

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

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

1. Where economic operators choose to comply with the recording obligations provided for under [F48 Article 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 F49 ... ID issuer or directly by the economic operator.

3. Where the aggregated level UI is generated on the basis of a request to the F50 ... 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.

Textual Amendments

F48 Words in Art. 10(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. 12(a) (with regs. 3(2)(3), 4-6)

F49 Word in Art. 10(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. 12(b) (with regs. 3(2)(3), 4-6)

F50 Word in Art. 10(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. 12(b) (with regs. 3(2)(3), 4-6)

Article 11 U.K. Structure of aggregated level UIs generated by [F51 the ID Issuer]

1. For aggregated level UI generated on the basis of a request to the F52 ... 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. [F53 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. 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.

Textual Amendments

F51 Words in Art. 11 heading 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. 13 (with regs. 3(2)(3), 4-6)

F52 Word in Art. 11(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. 14(a) (with regs. 3(2)(3), 4-6)

F53 Words in Art. 11(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. 14(b) (with regs. 3(2)(3), 4-6)

Article 12 U.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 [F54 data repository].

F55 [X1 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. In order to establish the link referred to in paragraph 1, economic operators F56 ... shall transmit via the router to the [F57 data] repository the information listed in point 3.2 of Section 3 of Chapter II of Annex II, in the format indicated therein.]

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 96 of 16 April 2018).

Textual Amendments

F54 Words in Art. 12(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. 15(a) (with regs. 3(2)(3), 4-6)

F55 Art. 12(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. 15(b) (with regs. 3(2)(3), 4-6)

F56 Words in Art. 12(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. 15(c)(i) (with regs. 3(2)(3), 4-6)

F57 Word in Art. 12(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. 15(c)(ii) (with regs. 3(2)(3), 4-6)

Article 13 U.K. Request and issuing of aggregated level UIs generated by [F58 the ID Issuer]

1. Economic operators requesting aggregated level UIs on the basis of a request to the F59 ... 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 [F60 data 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 [F61 data 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 [F62 the ID issuer] shall not be reused.

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 96 of 16 April 2018).

Textual Amendments

F58 Words in Art. 13 heading 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. 16 (with regs. 3(2)(3), 4-6)

F59 Word in Art. 13(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. 17(a) (with regs. 3(2)(3), 4-6)

F60 Words in Art. 13(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. 17(b) (with regs. 3(2)(3), 4-6)

F61 Words in Art. 13(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. 17(c) (with regs. 3(2)(3), 4-6)

F62 Words in Art. 13(6) 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. 17(d) (with regs. 3(2)(3), 4-6)

CHAPTER III U.K. IDENTIFIER CODES FOR ECONOMIC OPERATORS, FACILITIES AND MACHINES

Article 14 U.K. Request for an economic operator identifier code

1. Economic operators and operators of first retail outlets shall apply for an economic operator identifier code from the ID issuer F63 ....

2. Economic operators and operators of first retail outlets introducing a request pursuant to paragraph 1 shall provide the information listed in point 1.1 of Section 1 of Chapter II of Annex II, in the format indicated therein.

3. For operators of first retail outlets the obligation to apply for an economic operator identifier code may also be discharged by any other [F64 economic operator registered with the ID Issuer]. Such registration by the third party shall be subject to the consent of the operator of the first retail outlet. The third party shall inform the operator of the first retail outlet of the full details of the registration, including the allocated economic operator identifier code.

F65 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Any modification of the information submitted in the initial application form and any cessation of the operator activities shall be notified by the relevant operator to the ID issuer without delay, in the formats indicated in points 1.2. and 1.3. of Section 1 of Chapter II of Annex II.

Textual Amendments

F63 Words in Art. 14(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. 18(a) (with regs. 3(2)(3), 4-6)

F64 Words in Art. 14(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. 18(b) (with regs. 3(2)(3), 4-6)

F65 Art. 14(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. 18(c) (with regs. 3(2)(3), 4-6)

Article 15 U.K. Issuing and registration of economic operator identifier codes

1. Upon receipt of a request pursuant to Article 14, the ID issuer shall generate an economic operator identifier code, which consists of the following data elements, to be placed in the following order:

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

(b) in the second position, an alphanumeric sequence which is unique within the code pool of the ID issuer.

2. Within two working days, the ID issuer shall transmit the code to the requesting operator.

3. All the information submitted to the ID issuer in accordance with Article 14(2), and the corresponding identifier codes, shall form part of a registry to be established, managed and kept up to date by the F66 ... ID issuer.

4. In duly justified cases, [F67 the Commissioners] may, in accordance with [F68 Part 6 of the Tobacco Products (Traceability and Security Features) Regulations 2019], require the ID issuer to deactivate an economic operator identifier code. In such cases [F69 the Commissioners] shall inform the economic operator or the operator of a first retail outlet of the deactivation, together with the grounds for such deactivation. The deactivation of an economic operator identifier code shall lead to the automatic deactivation of related facility identifier codes and machine identifier codes.

5. Economic operators and operators of first retail outlets shall exchange information on their respective economic operator identifier codes in order to allow economic operators to record and transmit the transactional information, as provided under Article 33.

Textual Amendments

F66 Word in Art. 15(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. 19(a) (with regs. 3(2)(3), 4-6)

F67 Words in Art. 15(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. 19(b)(i) (with regs. 3(2)(3), 4-6)

F68 Words in Art. 15(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. 19(b)(ii) (with regs. 3(2)(3), 4-6)

F69 Words in Art. 15(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. 19(b)(iii) (with regs. 3(2)(3), 4-6)

Article 16 U.K. Request for a facility identifier code

1. All facilities from manufacturing to the first retail outlet shall be identified by a code (‘facility identifier code’) generated by the ID issuer F70 ....

2. Economic operators and operators of first retail outlets shall apply for a facility identifier code providing to the ID issuer the information listed in point 1.4. of Section 1 of Chapter II of Annex II, in the format indicated therein.

3. For first retail outlets, the obligation to apply for a facility identifier code shall lie with the operator of the first retail outlet. This obligation may also be discharged by any other [F71 economic operator registered with the ID Issuer], who may act on behalf of the operator of the first retail outlet. The registration by the third party shall be subject to the consent of the operator of the first retail outlet. The third party shall inform the operator of the first retail outlet about the full details of the registration, including the allocated facility identifier code.

4. The obligation to apply for a facility identifier code related to manufacturing facilities located outside [F72 the United Kingdom] shall lie with the importer F73 .... The importer shall apply to any ID issuer appointed by a Member State on whose market they place their products. The registration by the importer shall be subject to the consent of the entity responsible for the F74 ... manufacturing facility. The importer shall inform the economic operator responsible for the F74 ... manufacturing facility about the full details of registration, including the allocated facility identifier code.

5. Any modification of the information submitted in the initial application form and any facility closure shall be notified by the economic operator to the ID issuer without delay, in the formats indicated in points 1.5 and 1.6 of Section 1 of Chapter II of Annex II.

Textual Amendments

F70 Words in Art. 16(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. 20(a) (with regs. 3(2)(3), 4-6)

F71 Words in Art. 16(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. 20(b) (with regs. 3(2)(3), 4-6)

F72 Words in Art. 16(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. 20(c)(i) (with regs. 3(2)(3), 4-6)

F73 Words in Art. 16(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. 20(c)(ii) (with regs. 3(2)(3), 4-6)

F74 Words in Art. 16(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. 20(c)(iii) (with regs. 3(2)(3), 4-6)

Article 17 U.K. Issuing and registration of facility identifier codes

1. Upon receipt of a request pursuant to Article 16, the ID issuer shall generate a facility identifier code, which consists of the following data elements, to be placed in the following order:

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

(b) in the second position, an alphanumeric sequence which is unique within the code pool of the ID issuer.

2. Within two working days from the receipt of the request, the ID issuer shall transmit the code to the requesting operator.

3. All the information submitted to the ID issuer in accordance with Article 16(2), and the corresponding identifier codes shall form part of a registry to be established, managed and kept up to date by the F75 ... ID issuer.

4. In duly justified cases, [F76 the Commissioners] may require the ID issuer to deactivate a facility identifier code. In such cases [F76 the Commissioners] shall inform the economic operator or the operator of a first retail outlet of the deactivation, together with the grounds for such deactivation. The deactivation of a facility identifier code shall lead to the automatic deactivation of related machine identifier codes.

[X1 5. Economic operators and operators of first retail outlets shall exchange the information on their respective facility identifier codes in order to allow economic operators to record and transmit the information on product movements, as provided under Article 32.]

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 96 of 16 April 2018).

Textual Amendments

F75 Word in Art. 17(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. 21(a) (with regs. 3(2)(3), 4-6)

F76 Words in Art. 17(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. 21(b) (with regs. 3(2)(3), 4-6)

Article 18 U.K. Request for a machine identifier code

1. Each machine shall be identified by a code (‘machine identifier code’) generated by the ID issuer F77 ....

2. Manufacturers and importers shall apply for a machine identifier code by providing to the ID issuer the information listed in point 1.7. of Section 1 of Chapter II of Annex II, in the format indicated therein.

3. The obligation to apply for a machine identifier code related to machines located in manufacturing facilities outside the [F78 United Kingdom] shall lie with the importer F79 .... The registration by the importer shall be subject to the consent of the entity responsible for the F80 ... manufacturing facility. The importer shall inform the economic operator responsible for the F80 ... manufacturing facility as to the full details of the registration, including the allocated machine identifier code.

4. Any modification of the information submitted in the initial application form and any decommissioning of the registered machines shall be notified by the manufacturer or the importer to the ID issuer without delay, in the formats indicated in points 1.8 and 1.9 of Section 1 of Chapter II of Annex II.

Textual Amendments

F77 Words in Art. 18(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. 22(a) (with regs. 3(2)(3), 4-6)

F78 Words in Art. 18(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. 22(b)(i) (with regs. 3(2)(3), 4-6)

F79 Words in Art. 18(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. 22(b)(ii) (with regs. 3(2)(3), 4-6)

F80 Words in Art. 18(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. 22(b)(iii) (with regs. 3(2)(3), 4-6)

Article 19 U.K. Issuing and registration of machine identifier codes

1. Upon receipt of a request pursuant to Article 18, the ID issuer shall generate a machine identifier code, which consists of the following data elements, to be placed in the indicated position:

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

(b) in the second position, an alphanumeric sequence which is unique within the code pool of the ID issuer.

2. Within two working days, the ID issuer shall transmit the code to the requesting operator.

3. All the information submitted to the ID issuer in accordance with Article 18(2), and the corresponding identifier codes shall form part of a registry to be established, managed and kept up to date by the F81 ... ID issuer.

4. In duly justified cases, [F82 the Commissioners] may require the ID issuer to deactivate a machine identifier code. In such cases [F82 the Commissioners] shall inform the manufacturers and importers of the deactivation, together with the grounds for such deactivation.

Textual Amendments

F81 Word in Art. 19(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. 23(a) (with regs. 3(2)(3), 4-6)

F82 Words in Art. 19(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. 23(b) (with regs. 3(2)(3), 4-6)

Article 20 U.K. Transfer of offline flat-files and registries

1. [F83 The ID issuer] shall establish offline flat-files, as well as registries relating to the information referred to in Articles 14(2), 16(2) and 18(2), along with explanatory notes on the structures thereof.

2. Offline flat-files shall be no larger than two gigabytes F84 .... Each line of the flat-file shall hold one record with fields separated by delimiters such as commas or tabs.

3. [F85 The ID issuer] shall ensure that an up-to-date copy of all offline flat-files, registries and related explanatory notes are electronically provided via the router to the [F86 data] repository.

4. [F87 The Commissioners] may adapt the size limit for offline flat-files referred to in paragraph 2, taking into account both the average size of available memory installed on the verification devices used for offline checks of unique identifiers F88 ....

Textual Amendments

F83 Words in Art. 20(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. 24(a) (with regs. 3(2)(3), 4-6)

F84 Words in Art. 20(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. 24(b) (with regs. 3(2)(3), 4-6)

F85 Words in Art. 20(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. 24(c)(i) (with regs. 3(2)(3), 4-6)

F86 Word in Art. 20(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. 24(c)(ii) (with regs. 3(2)(3), 4-6)

F87 Words in Art. 20(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. 24(d)(i) (with regs. 3(2)(3), 4-6)

F88 Words in Art. 20(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. 24(d)(ii) (with regs. 3(2)(3), 4-6)

CHAPTER IV U.K. DATA CARRIERS

Article 21 U.K. Data carriers for the Unique Identifiers

1. Unit level UIs [F89 , or associated unit level codes that are paired with unit level UIs,] shall be encoded using at least one of the following types of data carriers:

(a) an optical device-readable Data Matrix with error detection and correction equivalent to or higher than those of the Data Matrix ECC200. Barcodes conforming to ISO/IEC 16022:2006 shall be presumed to fulfil the requirements set out in this point;

(b) an optical device-readable QR Code with a recovery capacity of approximately 30 %. Barcodes conforming to ISO/IEC 18004:2015 with the error correction level H shall be presumed to fulfil the requirements set out in this point;

(c) an optical device-readable DotCode with the error detection and correction equivalent to or higher than those provided with the Reed-Solomon error correction algorithm with the number of check characters (NC) equal to three plus the number of data characters (ND) divided by two (NC = 3 + ND/2). Barcodes conforming to the ISS DotCode Symbology Specification published by the Association for Automatic Identification and Mobility (‘AIM’) (revision 3.0, August 2014) shall be presumed to fulfil the requirements set out in this point.

2. In the case of unit level UIs delivered electronically, manufacturers and importers are responsible for encoding unit level UIs [F90 , or associated unit level codes that are paired with unit level UIs,] in accordance with paragraph 1.

3. In the case of unit level UIs delivered physically, [F91 the ID issuer is] responsible for encoding the codes generated pursuant to Article 8(2), in accordance with paragraph 1.

4. By way of derogation from paragraph 1, manufacturers and importers may add the time stamp separately from the data carrier in the format YYMMDDhh as a human readable code.

5. Aggregated level UIs shall be encoded by economic operators using at least one of the following types of data carriers:

(a) an optical device-readable Data Matrix with error detection and correction equivalent to or higher than those of the Data Matrix ECC200. Barcodes conforming to ISO/IEC 16022:2006 shall be presumed to fulfil the requirements set out in this point;

(b) an optical device-readable QR Code with a recovery capacity of approximately 30 %. Barcodes conforming to ISO/IEC 18004:2015 with the error correction level H shall be presumed to fulfil the requirements set out in this point;

(c) an optical device-readable Code 128 with the error detection equivalent to or higher than the one provided with the algorithm based on the even/odd — bar/space character parity and the check character. Barcodes conforming to ISO/IEC 15417:2007 shall be presumed to fulfil the requirements set out in this point.

6. In order to distinguish the data carriers referred to in paragraphs 1 and 5 from any other data carrier placed on unit packets or aggregated packaging, economic operators may add the marking ‘TTT’ next to such data carriers.

Textual Amendments

F89 Words in Art. 21(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. 25(a) (with regs. 3(2)(3), 4-6)

F90 Words in Art. 21(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. 25(b) (with regs. 3(2)(3), 4-6)

F91 Words in Art. 21(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. 25(c) (with regs. 3(2)(3), 4-6)

Article 22 U.K. Quality of the optical data carriers

1. Economic operators shall ensure high readability of the optical data carriers. A quality of the optical data carriers rated at least 3.5 in accordance with ISO/IEC 15415:2011 for the two-dimensional data carriers, or in accordance with ISO/IEC 15416:2016 for the linear symbols shall be presumed to fulfil the requirements set out in this Article.

2. Economic operators shall ensure that the optical data carriers are capable of remaining readable for at least five years after their creation.

Article 23 U.K. Human-readable code

1. Economic operators shall ensure that each data carrier includes a human-readable code that enables electronic access to the information related to the unique identifiers stored in the [F92 data repository].

2. Where the dimensions of the packaging allow, the human-readable code shall be adjacent to the optical data carrier carrying the unique identifier.

Textual Amendments

F92 Words in Art. 23(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. 26 (with regs. 3(2)(3), 4-6)

CHAPTER V U.K. [F93 DATA REPOSITORY]

Article 24 U.K. Components of the [F94 data repository]

1. The [F95 data repository] shall be composed of the following sub-systems:

(a) [F96 a repository which is] established for the purpose of storing data relating to tobacco products of individual manufacturers and importers F97 ...;

F98 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a routing service (‘router’) set up and managed by the provider of the [F99 data repository].

2. The sub-systems referred to in paragraph 1 shall be fully interoperable with one another F100 ....

Textual Amendments

F94 Words in Art. 24 heading 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. 28 (with regs. 3(2)(3), 4-6)

F95 Words in Art. 24(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. 29(a)(i) (with regs. 3(2)(3), 4-6)

F96 Words in Art. 24(1)(a) 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. 29(a)(ii)(aa) (with regs. 3(2)(3), 4-6)

F97 Words in Art. 24(1)(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. 29(a)(ii)(bb) (with regs. 3(2)(3), 4-6)

F98 Art. 24(1)(b) 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. 29(a)(iii) (with regs. 3(2)(3), 4-6)

F99 Words in Art. 24(1)(c) 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. 29(a)(iv) (with regs. 3(2)(3), 4-6)

F100 Words in Art. 24(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. 29(b) (with regs. 3(2)(3), 4-6)

Article 25 U.K. General characteristics of the [F101 data repository]

1. The [F102 data repository] shall satisfy the following conditions:

F103 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) it shall allow for electronic identification and authentication of tobacco products, at unit packet and aggregation level, in accordance with the requirements set out in this Regulation;

(c) it shall allow for automatic deactivation of unique identifiers in accordance with the rules set out in Article 5;

(d) it shall ensure electronic receipt and storing of information recorded and sent to the [F104 data repository] by economic operators and [F105 the ID issuer], in accordance with the requirements of this Regulation;

(e) it shall ensure storage of data for a minimum period of five years as of the moment the data are uploaded into the [F106 data repository];

(f) it shall allow for automatic status messaging to economic operators, and to [F107 HMRC] as requested, such as in the event of success, error or changes related to reporting activities, in accordance with the requirements of this Regulation;

(g) it shall allow for automatic validation of messages received from economic operators, including refusal of incorrect or incomplete messages, in particular reporting activities related to non-registered or duplicated unique identifiers, whereby the [F108 data repository] shall store the information concerning any refused message;

(h) it shall ensure messaging between all of its components which shall take place instantaneously, in accordance with the requirements of this Regulation, in particular the overall response time of the [F109 data repository] in sending acknowledgment messages, not considering the speed of the internet connection of the end user, which shall be no more than 60 seconds;

(i) it shall ensure continuous availability of all components and services with a monthly uptime of at least 99,5 % and sufficient back-up mechanisms in place;

(j) it shall be guarded by security procedures and systems ensuring that access to the [F110 data repository] and download of the data stored therein is only granted to persons authorised according to this Regulation;

[F111 (k) it must be accessible by HMRC. Administrators designated by the Commissioners must be granted access rights enabling them to create, manage, and withdraw user access rights for the data repository. Administrators designated by the Commissioners must be able to grant subsequent access rights to other users under their responsibility;]

(l) it shall enable [F112 HMRC] to carry out downloads of full and selected sets of data stored in [F113 the data repository];

(m) it shall maintain a complete record (‘audit trail’) of all operations concerning the stored data of the users performing those operations and of the nature of these operations, including the history of users access. The audit trail shall be created when the data is uploaded for the first time and, notwithstanding any additional national requirements, be maintained until at least five years after.

2. Data stored in the [F114 data repository] shall be used only for the purposes referred to in F115 ... this Regulation.

Textual Amendments

F101 Words in Art. 25 heading 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. 30 (with regs. 3(2)(3), 4-6)

F102 Words in Art. 25(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. 31(a)(i) (with regs. 3(2)(3), 4-6)

F103 Art. 25(1)(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. 31(a)(ii) (with regs. 3(2)(3), 4-6)

F104 Words in Art. 25(1)(d) 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. 31(a)(iii)(aa) (with regs. 3(2)(3), 4-6)

F105 Words in Art. 25(1)(d) 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. 31(a)(iii)(bb) (with regs. 3(2)(3), 4-6)

F106 Words in Art. 25(1)(e) 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. 31(a)(iv) (with regs. 3(2)(3), 4-6)

F107 Word in Art. 25(1)(f) 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. 31(a)(v) (with regs. 3(2)(3), 4-6)

F108 Words in Art. 25(1)(g) 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. 31(a)(iv) (with regs. 3(2)(3), 4-6)

F109 Words in Art. 25(1)(h) 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. 31(a)(iv) (with regs. 3(2)(3), 4-6)

F110 Words in Art. 25(1)(j) 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. 31(a)(vi) (with regs. 3(2)(3), 4-6)

F111 Art. 25(1)(k) 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. 31(a)(vii) (with regs. 3(2)(3), 4-6)

F112 Word in Art. 25(1)(l) 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. 31(a)(viii)(aa) (with regs. 3(2)(3), 4-6)

F113 Words in Art. 25(1)(l) 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. 31(a)(viii)(bb) (with regs. 3(2)(3), 4-6)

F114 Words in Art. 25(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. 31(b)(i) (with regs. 3(2)(3), 4-6)

F115 Words in Art. 25(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. 31(b)(ii) (with regs. 3(2)(3), 4-6)

Article 26 U.K. [F116 The data repository: establishment]

1. [F117 The service provider appointed by the Commissioners] shall ensure the establishment of a [F118 data repository]. F119 ...

2. [F120 The data repository] shall exclusively host information which relates to the tobacco products of [F121 manufacturers and importers].

F122 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F122 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. [F123 The data repository] shall store the data in accordance with the common data dictionary [F124 established under Article 28(2)].

6. [F125 HMRC] shall be able to carry out basic query requests in relation to all data stored in [F126 the data] repository.

Textual Amendments

F116 Art. 26 heading 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. 32 (with regs. 3(2)(3), 4-6)

F117 Words in Art. 26(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. 33(a)(i) (with regs. 3(2)(3), 4-6)

F118 Words in Art. 26(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. 33(a)(ii) (with regs. 3(2)(3), 4-6)

F119 Words in Art. 26(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. 33(a)(iii) (with regs. 3(2)(3), 4-6)

F120 Words in Art. 26(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. 33(b)(i) (with regs. 3(2)(3), 4-6)

F121 Words in Art. 26(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. 33(b)(ii) (with regs. 3(2)(3), 4-6)

F122 Art. 26(3)(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. 33(c) (with regs. 3(2)(3), 4-6)

F123 Words in Art. 26(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. 33(d)(i) (with regs. 3(2)(3), 4-6)

F124 Words in Art. 26(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. 33(d)(ii) (with regs. 3(2)(3), 4-6)

F125 Word in Art. 26(6) 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. 33(e)(i) (with regs. 3(2)(3), 4-6)

F126 Words in Art. 26(6) 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. 33(e)(ii) (with regs. 3(2)(3), 4-6)

Article 27 U.K. [F127 The data repository: technical requirements]

F128 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The [F129 data] repository shall provide for graphical and non-graphical user interfaces that enable [F130 HMRC] to access and query the data stored in the [F131 data repository], using all commonly available database search functions, in particular by remotely carrying out the following operations:

(a) retrieval of any information concerning one or multiple unique identifier(s), including the comparison and cross-checking of multiple unique identifiers and the related information, in particular their location in the supply chain;

(b) creation of lists and statistics, such as product stocks and inflow/outflow numbers, associated with one or multiple elements of reporting information listed as Data Fields in Annex II;

(c) identification of all tobacco products that have been reported by an economic operator to the [F132 data repository], including the products reported as recalled, withdrawn, stolen, missing or intended for destruction.

3. The user interfaces referred to in paragraph 2 shall enable [F133 HMRC] to define individual rules for:

(a) automatic alerting based on exceptions and specific reporting events, such as abrupt fluctuations or irregularities in trade, attempts to introduce duplicate unique identifiers into the system, deactivation of the identifiers referred to in Articles 15(4), 17(4) and 19(4), or where a product is indicated by economic operators as stolen or missing;

(b) the receipt of periodic reports based on any combination of the elements of reporting information listed as Data Field in Annex II.

4. Automatic alerts and periodic reports referred to in paragraph 3 shall be forwarded to recipient addresses indicated by [F134 HMRC] such as individual email addresses and/or internet Protocol (IP) addresses belonging to external systems used and managed by [F135 HMRC].

5. The user interfaces referred to in paragraph 2 shall enable [F136 HMRC] to connect remotely to the data stored in the [F137 data repository] with the analytical software of their choice.

6. The user interfaces referred to in paragraph 2 shall be provided in [F138 English].

7. The overall response time of the repository to any given query or alert trigger, not considering the speed of the internet connection of the end user, shall be no more than 5 seconds for the data stored for less than 2 years and no more than 10 seconds for the data stored for 2 years or more, in at least 99 % of all queries and automatic alerts foreseen under paragraphs 2 and 3.

8. The overall time between the arrival of reporting activity data and its accessibility, via the graphical and non-graphical interfaces, in the [F139 data repository] shall be no more than 60 seconds in at least 99 % of all data transfer activities.

9. The repository shall allow for the receipt, storing and making available of offline flat-files for the purpose of updating verification devices used by [F140 HMRC] for offline decoding of unique identifiers.

10. The provider of the [F141 data] repository shall establish and maintain a register of the information transferred to it in accordance with Article 20(3). A record of the information stored in the register shall be kept for as long as the traceability system is operational.

11. [F142 The Commissioners] retain the right to enter into additional service level agreements with the provider of the [F143 data] repository for the purpose of contracting the latter to carry out additional services not provided for by this Regulation. The provider of the [F143 data] repository may charge proportionate fees for providing such additional services.

F144 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F127 Art. 27 heading 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. 34 (with regs. 3(2)(3), 4-6)

F128 Art. 27(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. 35(a) (with regs. 3(2)(3), 4-6)

F129 Word in Art. 27(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. 35(b)(i) (with regs. 3(2)(3), 4-6)

F130 Word in Art. 27(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. 35(b)(ii) (with regs. 3(2)(3), 4-6)

F131 Words in Art. 27(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. 35(b)(iii) (with regs. 3(2)(3), 4-6)

F132 Words in Art. 27(2)(c) 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. 35(b)(iv) (with regs. 3(2)(3), 4-6)

F133 Word in Art. 27(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. 35(c) (with regs. 3(2)(3), 4-6)

F134 Word in Art. 27(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. 35(d)(i) (with regs. 3(2)(3), 4-6)

F135 Word in Art. 27(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. 35(d)(ii) (with regs. 3(2)(3), 4-6)

F136 Word in Art. 27(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. 35(e)(i) (with regs. 3(2)(3), 4-6)

F137 Words in Art. 27(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. 35(e)(ii) (with regs. 3(2)(3), 4-6)

F138 Word in Art. 27(6) 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. 35(f) (with regs. 3(2)(3), 4-6)

F139 Words in Art. 27(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. 35(g) (with regs. 3(2)(3), 4-6)

F140 Word in Art. 27(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. 35(h) (with regs. 3(2)(3), 4-6)

F141 Word in Art. 27(10) 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. 35(i) (with regs. 3(2)(3), 4-6)

F142 Words in Art. 27(11) 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. 35(j)(i) (with regs. 3(2)(3), 4-6)

F143 Word in Art. 27(11) 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. 35(j)(ii) (with regs. 3(2)(3), 4-6)

F144 Art. 27(12) 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. 35(k) (with regs. 3(2)(3), 4-6)

Article 28 U.K. Coordination tasks of the provider of the [F145 data] repository

1. The provider operating the [F146 data] repository shall communicate to [F147 the ID issuer] and economic operators, the list of specifications required for the data exchange with the [F146 data] repository and the router. All specifications shall be based on non-proprietary open standards.

The list referred to in the first subparagraph shall be communicated no later than two months following the date when the provider operating the [F146 data] repository was selected.

2. On the basis of the information listed in Annex II, the provider operating the [F148 data] repository shall establish a common data dictionary. The common data dictionary shall refer to labels of data fields in the human readable format. F149 ....

3. Whenever necessary to ensure the effective operation of the [F150 data repository] in accordance with the requirements of this Regulation, the provider operating the [F151 data] repository shall update the list referred to in paragraph 1 F152 ....

Textual Amendments

F145 Word in Art. 28 heading 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. 36 (with regs. 3(2)(3), 4-6)

F146 Word in Art. 28(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. 37(a)(i) (with regs. 3(2)(3), 4-6)

F147 Words in Art. 28(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. 37(a)(ii) (with regs. 3(2)(3), 4-6)

F148 Word in Art. 28(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. 37(b)(i) (with regs. 3(2)(3), 4-6)

F149 Words in Art. 28(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. 37(b)(ii) (with regs. 3(2)(3), 4-6)

F150 Words in Art. 28(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. 37(c)(i) (with regs. 3(2)(3), 4-6)

F151 Word in Art. 28(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. 37(c)(ii) (with regs. 3(2)(3), 4-6)

F152 Words in Art. 28(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. 37(c)(iii) (with regs. 3(2)(3), 4-6)

Article 29 U.K. Router

1. The provider of the [F153 data] repository shall set up and manage a router.

2. Data exchange between the router and the [F154 data repository] shall take place using the data format and data exchange modalities defined by the router.

3. Data exchange between the router and [F155 the ID Issuer] shall take place using the data format and data exchange modalities defined by the router.

4. Economic operators F156 ... shall send the information recorded F157 ... in accordance with this Regulation to the router, which F158 ... shall be transferred instantaneously to the [F159 data repository].

Textual Amendments

F153 Word in Art. 29(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. 38(a) (with regs. 3(2)(3), 4-6)

F154 Words in Art. 29(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. 38(b) (with regs. 3(2)(3), 4-6)

F155 Words in Art. 29(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. 38(c) (with regs. 3(2)(3), 4-6)

F156 Words in Art. 29(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. 38(d)(i) (with regs. 3(2)(3), 4-6)

F157 Words in Art. 29(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. 38(d)(ii) (with regs. 3(2)(3), 4-6)

F158 Words in Art. 29(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. 38(d)(iii) (with regs. 3(2)(3), 4-6)

F159 Words in Art. 29(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. 38(d)(iv) (with regs. 3(2)(3), 4-6)

Article 30 U.K. Costs of the [F160 data repository]

1. All costs related to the [F161 data repository] referred to in Article 24(1), including those that arise from its establishment, operation and maintenance, shall be borne by manufacturers and importers of tobacco products. Those costs shall be fair, reasonable, and proportionate:

(a) to the services rendered; and

(b) to the amount of unit level UIs requested over a given period of time.

2. The costs, as applicable, of establishing, operating and maintaining the [F162 data] repository and the router shall be transmitted to manufacturers and importers of tobacco products through the costs charged to them by the [F163 provider of the data repository].

Textual Amendments

F160 Words in Art. 30 heading 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. 39 (with regs. 3(2)(3), 4-6)

F161 Words in Art. 30(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. 40(a) (with regs. 3(2)(3), 4-6)

F162 Word in Art. 30(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. 40(b)(i) (with regs. 3(2)(3), 4-6)

F163 Words in Art. 30(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. 40(b)(ii) (with regs. 3(2)(3), 4-6)

F164 Article 31 U.K. Deadline for the establishment of the repositories system

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

Textual Amendments

F164 Art. 31 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. 41 (with regs. 3(2)(3), 4-6)

Textual Amendments

F93 Words in Ch. 5 heading 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. 27 (with regs. 3(2)(3), 4-6)

CHAPTER VI U.K. RECORDING AND TRANSMITTING

Article 32 U.K. Recording and transmission of information on product movements

1. To allow the determination of the actual shipment route of unit packets manufactured in, or imported into the [F165 United Kingdom], economic operators shall record the following events:

(a) application of unit level UIs [F166 , 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. [F167 Economic 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 [F168 router]. F169 ...

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, [F170 economic 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 [F171 router]. F172 ...

4. For deliveries to multiple first retail outlets by means of a vending van, [F173 economic 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 [F174 router]. F175 ...

5. For dispatch and trans-loading of unit or aggregated packaging of tobacco products with total weight below 10 kg destined outside the [F176 United 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 F177 ... 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.

[F178 8. 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

F165 Words 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)

F166 Words 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)

F167 Words 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)

F168 Word 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)

F169 Words 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)

F170 Words 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)

F171 Word 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)

F172 Words 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)

F173 Words 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)

F174 Word 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)

F175 Words 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)

F176 Words 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)

F177 Words 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)

F178 Art. 32(8) 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(f) (with regs. 3(2)(3), 4-6)

Article 33 U.K. Recording and transmission of transactional information

1. [F179 Economic] operators shall record the following events:

(a) issuing of the order number;

(b) issuing of the invoice;

(c) receipt of the payment.

2. [F180 Economic operators] shall transmit the information listed in Section 4 of Chapter II of Annex II, in the format indicated therein, to the [F181 router]. F182 ...

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 F183 ... 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.

[F184 5. 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

F179 Word 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)

F180 Words 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)

F181 Word 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)

F182 Words 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)

F183 Words 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)

F184 Art. 33(5) 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. 43(d) (with regs. 3(2)(3), 4-6)

Article 34 U.K. Time frame for transmission of required information

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:

F185 (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

F185 Art. 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)

CHAPTER VII U.K. FINAL PROVISIONS

Article 35 U.K. Independence

1. [F186 The ID issuer, the provider of the data repository and providers of] anti-tampering devices as well as, where applicable, their subcontractors shall be independent and exercise their functions impartially.

2. For the purposes of paragraph 1, the following criteria shall be used to assess independence:

(a) independence from the tobacco industry in terms of legal form, organisation and decision making. In particular it shall be assessed whether the undertaking or the group of undertakings is not under the direct or indirect control of the tobacco industry, including a minority shareholding;

(b) independence from the tobacco industry in financial terms, which will be presumed if, before assuming their functions the undertaking or the group of undertakings concerned generates less than 10 % of its annual worldwide turnover, excluding VAT and any other indirect taxes, from goods and services supplied to the tobacco sector over the past two calendar years, as may be determined on the basis of the most recent approved accounts. For each subsequent calendar year, the annual worldwide turnover, excluding VAT and any other indirect taxes, from goods and services supplied to the tobacco sector shall not exceed 20 %;

(c) absence of conflicts of interests with the tobacco industry of the persons responsible for the management of the undertaking or the group of undertakings, including members of the board of directors or any other form of governing body. In particular, they:

(1)

shall not have participated in company structures of the tobacco industry for the last five years;

(2)

shall act independently from any pecuniary or non-pecuniary interest linked to the tobacco industry, including possession of stocks, participation in private pension programmes or interest held by their partners, spouses or direct relatives in the ascending or descending line.

3. Where [F187 the ID issuer, the provider of the data repository] and providers of anti-tampering devices have recourse to sub-contractors, they shall remain responsible for ensuring compliance by those subcontractors with the independence criteria set out in paragraph 2.

F188 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Any change in circumstances related to the criteria referred to in paragraph 2, capable of affecting the independence of [F189 the ID issuer, the provider of the data repository] and providers of anti-tampering devices (including, where applicable, their subcontractors), that subsist for two consecutive calendar years, shall be communicated without delay to [F190 HMRC].

F191 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. [F192 The ID issuer, the provider of the data repository] and providers of anti-tampering devices shall inform without delay [F193 HMRC] about any occurrences of threats or other attempts at exercising undue influence that may actually or potentially undermine their independence.

8. Public authorities or undertakings governed by public law along with their subcontractors shall be presumed independent from the tobacco industry.

F194 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Words in Art. 35(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. 45(a) (with regs. 3(2)(3), 4-6)

F187 Words in Art. 35(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. 45(c) (with regs. 3(2)(3), 4-6)

F188 Art. 35(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. 45(b) (with regs. 3(2)(3), 4-6)

F189 Words in Art. 35(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. 45(c) (with regs. 3(2)(3), 4-6)

F190 Word in Art. 35(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. 45(d) (with regs. 3(2)(3), 4-6)

F191 Art. 35(6) 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. 45(b) (with regs. 3(2)(3), 4-6)

F192 Words in Art. 35(7) 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. 45(e)(i) (with regs. 3(2)(3), 4-6)

F193 Word in Art. 35(7) 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. 45(e)(ii) (with regs. 3(2)(3), 4-6)

F194 Art. 35(9) 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. 45(b) (with regs. 3(2)(3), 4-6)

Article 36 U.K. Security and interoperability of communications and data

1. All electronic communication provided for under this Regulation shall be carried out using secure means. Applicable security protocols and connectivity rules shall be based on non-proprietary open standards. They shall be established by:

(a) the ID issuer for communications between the ID issuer and the economic operators registering with the ID issuer or requesting unique identifiers;

F195 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the provider of the [F196 data] repository for communications between the [F196 data] repository and the router and:

i.

the ID [F197 issuer]; [F198 and]

ii.

F199 ...

iii.

economic operators using the router F200 ....

2. [F201 The provider of the data repository] shall be responsible for the security and integrity of hosted data. Data portability shall be secured in accordance with the common data dictionary set out in Article 28.

3. For all transfers of data, the sending party is responsible for the completeness of transferred data. In order for the sending party to discharge this obligation, the receiving party shall acknowledge the receipt of transferred data including a checksum value of actual transmitted data or any alternative mechanism allowing for validating the integrity of transmission, in particular its completeness.

Textual Amendments

F195 Art. 36(1)(b) 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. 46(a)(i) (with regs. 3(2)(3), 4-6)

F196 Word in Art. 36(1)(c) 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. 46(a)(ii) (with regs. 3(2)(3), 4-6)

F197 Word in Art. 36(1)(c)(i) 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. 46(a)(iii) (with regs. 3(2)(3), 4-6)

F198 Word in Art. 36(1)(c)(i) 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. 46(a)(iv) (with regs. 3(2)(3), 4-6)

F199 Art. 36(1)(c)(ii) 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. 46(a)(v) (with regs. 3(2)(3), 4-6)

F200 Words in Art. 36(1)(c)(iii) 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. 46(a)(vi) (with regs. 3(2)(3), 4-6)

F201 Words in Art. 36(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. 46(b) (with regs. 3(2)(3), 4-6)

F202 Article 37 U.K. Transitional provision

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

Textual Amendments

F202 Art. 37 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. 47(a) (with regs. 3(2)(3), 4-6)

F203 Article 38 U.K. Entry into force

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

Textual Amendments

F203 Art. 38 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. 47(b) (with regs. 3(2)(3), 4-6)

F204 ...

Textual Amendments

F204 Words in Signature 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. 47(c) (with regs. 3(2)(3), 4-6)

F205 ANNEX I U.K. SELECTION PROCEDURE FOR INDEPENDENT THIRD PARTY PROVIDERS OF REPOSITORY SYSTEMS

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

Textual Amendments

F205 Annex 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. 47(d) (with regs. 3(2)(3), 4-6)

ANNEX II U.K. Key messages to be sent by the economic operators

The messages required for regulatory purposes shall contain at least the data fields listed in this Annex. Both [F206 the ID issuer and the provider of the data repository] (including the router) may decide to extend the message content for strictly technical purposes to secure smooth functioning of the tobacco products traceability system.

Textual Amendments

F206 Words in Annex 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. 48(a)(i) (with regs. 3(2)(3), 4-6)

The messages listed in this Annex do not include the messages to be sent back by [F206 the ID issuer and the provider of the data repository] (including the router) to the economic operators, such as acknowledgments of receipt.

All the messages generated within the tobacco traceability system shall contain the identification of the originator and a timestamp up to the second (see Data Type: Time(L)). [F207 The ID issuer and the provider of the data repository] (including the router) shall timestamp each received message up to the second.

Textual Amendments

F207 Words in Annex 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. 48(a)(ii) (with regs. 3(2)(3), 4-6)

CHAPTER I U.K. FIELD DESCRIPTIONS

SECTION 1 U.K. Data Type

Data Type	Description	Example
ARC	Administrative Reference Code (ARC) or any successive code adopted under the Excise Movement and Control System (EMCS)	‘15GB0123456789ABCDEF0’
aUI	Aggregated level unique identifier coded with: either the invariant set of ISO646:1991 and composed of four blocks: (a) ID issuer's prefix in accordance with ISO15459-2:2015, (b) serialisation element in the format established by the ID issuer, (c) tobacco facility identifier code following the Data Type: FID and (d) timestamp following the Data Type: Time(s) or the invariant set of ISO646:1991 forming a code structured in accordance with ISO15459-1:2014 or ISO15459-4:2014 (or their latest equivalent)
Boolean	Boolean value	‘0’ (false/disabled) ‘1’ (true/enabled)
Country	Country name coded with ISO-3166-1:2013 alpha-2 (or its latest equivalent)	‘DE’
Currency	Currency name coded with ISO 4217:2015 (or its latest equivalent)	‘EUR’
Date	UTC (Coordinated Universal Time) date corresponding to the following format: YYYY-MM-DD	‘2019-05-20’
Decimal	Number values, decimal allowed	‘1’ or ‘2,2’ or ‘3,33’
EOID	Economic operator identifier code corresponding to the format established by the ID issuer coded with the invariant set of ISO646:1991
FID	Tobacco facility identifier code corresponding to the format established by the ID issuer coded with the invariant set of ISO646:1991
Integer	Rounded number values, no decimal numbers	‘1’ or ‘22’ or ‘333’
MID	Machine identifier code corresponding to the format established by the ID issuer coded with the invariant set of ISO646:1991
MRN	Movement Reference Number (MRN) is a unique customs registration number. It contains 18 digits and is composed of the following elements: (a) last two digits of the year of formal acceptance of export movement (YY), (b) country name coded with ISO-3166-1:2013 alpha-2 (or its latest equivalent) of the [F208 country] to which the declaration was sent, (c) unique identifier for entry/import per year and country, and (d) check digit.	‘11IT9876AB88901235’
SEED	Excise number composed of: (a) country name coded with ISO-3166-1:2013 alpha-2 (or its latest equivalent) (e.g. ‘LU’) and (b) eleven alphanumeric characters, if needed, padded to the left with zeroes (e.g. ‘00000987ABC’).	‘LU00000987ABC’
ITU	Individual transport unit code (e.g. SSCC) generated in accordance with ISO15459-1:2014 (or its latest equivalent)	‘001234560000000018’
Text	Alphanumeric values coded with ISO8859-15:1999	‘abcde12345’
Time(L)	UTC (Coordinated Universal Time) in the following format: YYYY-MM-DDThh:mm:ssZ	‘2019-07-16T19:20:30Z’
Time(s)	UTC (Coordinated Universal Time) in the following format: YYMMDDhh	‘19071619’
TPID	Tobacco Product Identifier (TP-ID) – numeric identifier used in the [F209 CEG] system in the format: NNNNN-NN-NNNNN	‘02565-16-00230’
PN	Product number – numeric identifier used in the [F209 CEG] system to identify product presentations (e.g. GTIN (Global Trade Identification Number) of the product)	‘00012345600012’
upUI(L)	Unit packet level unique identifier coded with the invariant set of ISO646:1991 and composed of three blocks: (a) ID Issuer's prefix in accordance with ISO15459-2:2015, (b) middle block in the format established by the ID issuer and (c) timestamp following the Data Type: Time(s)
upUI(s)	Unit packet level unique identifier coded with the invariant set of ISO646:1991 and composed of two blocks: (a) ID issuer's prefix in accordance with ISO15459-2:2015 and (b) serialisation element in the format established by the ID issuer (i.e. UI made visible in the human readable format on the unit packets)
[F210 upUI(M)	Unit packet level unique identifier coded with the invariant set of ISO646:1991 and composed of 2 blocks: ID Issuer’s prefix in accordance with ISO154592:2015, middle block in the format established by the ID issuer	LECNIzzzz000010000SLE]
Year	UTC (Coordinated Universal Time) year in the following format: YYYY	‘2024’

Textual Amendments

F208 Word in Annex 2 Ch. 1 s. 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. 48(b)(ii) (with regs. 3(2)(3), 4-6)

F209 Word in Annex 2 Ch. 1 s. 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. 48(b)(i) (with regs. 3(2)(3), 4-6)

F210 Words in Annex 2 Ch. 1 s. 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. 48(b)(iii) (with regs. 3(2)(3), 4-6)

SECTION 2 U.K. Cardinality Type

Type	Description
Simple (S)	Single value
Multiple (M)	Multiple values

SECTION 3 U.K. Priority Type

Type	Description
Mandatory (M)	The variable must be completed to successfully submit the message
Optional (O)	The variable relates to supplementary fields which remain optional

CHAPTER II U.K. MESSAGES

SECTION 1 U.K. Identifier codes for economic operators, facilities and machines

1.1. Request for an economic operator identifier code U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	1-1
	EO_Name1	Economic operator's registered name	Text	S	M
	EO_Name2	Economic operator's alternative or abridged name	Text	S	O
	EO_Address	Economic operator's address – street name, house number, postal code, city	Text	S	M
	EO_CountryReg	Economic operator's country of registration	Country	S	M
	EO_Email	Economic operator's email address used to inform about registration process, including subsequent changes and other required correspondence	Text	S	M
	VAT_R	Indication of the VAT registration status	Boolean	S	M	0 – No VAT registration 1 – VAT number exists
	VAT_N	Economic operator's VAT number	Text	S	M, if VAT_R = 1
	TAX_N	Economic operator's tax registration number	Text	S	M, if VAT_R = 0
	EO_ExciseNumber1	Indication if the economic operator has an excise number issued by the competent authority for the purpose of identification of persons/premises	Boolean	S	M	0 – No SEED number 1 – SEED number exists
	EO_ExciseNumber2	Economic operator's excise number issued by the competent authority for the purpose of identification of persons/premises	SEED	S	M, if EO_ExciseNumber1 = 1
	F211 . . .
	F211 . . .
	Reg_3RD	Indication if the registration is made on behalf of a retail outlet operator not involved otherwise in the tobacco trade	Boolean	S	M	0 – No 1 – Yes
	Reg_EOID	Identifier of the economic operator that acts on behalf of a retail outlet operator not involved otherwise in the tobacco trade	EOID	S	M, if Reg_3RD = 1

Textual Amendments

F211 Words in Annex 2 Ch. 2 point 1.1 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. 48(c)(i) (with regs. 3(2)(3), 4-6)

1.2. Correction of information concerning the economic operator identifier code U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	1-2
	EO_ID	Economic operator identifier code	EOID	S	M
	EO_CODE	Economic operator's confirmation code provided in response to the registration of economic operator	Text	S	M
	EO_Name1	Economic operator's registered name	Text	S	M
	EO_Name2	Economic operator's alternative or abridged name	Text	S	O
	EO_Address	Economic operator's address – street name, postal code and city	Text	S	M
	EO_CountryReg	Economic operator's country of registration	Country	S	M
	EO_Email	Economic operator's email address used to inform about registration process, including subsequent changes	Text	S	M
	VAT_R	Indication of the VAT registration status	Boolean	S	M	0 – No VAT registration 1 – VAT number exists
	VAT_N	Economic operator's VAT number	Text	S	M, if VAT_R = 1
	TAX_N	Economic operator's tax registration number	Text	S	M, if VAT_R = 0
	EO_ExciseNumber1	Indication if the economic operator has an excise number issued by the competent authority for the purpose of identification of persons/premises	Boolean	S	M	0 – No SEED number 1 – SEED number exists
	EO_ExciseNumber2	Economic operator's excise number issued by the competent authority for the purpose of identification of persons/premises	SEED	S	M, if EO_ExciseNumber1 = 1
	F212 . . .
	F212 . . .
	Reg_3RD	Indication if the registration is made on behalf of the retail outlet operator not involved otherwise in the tobacco trade	Boolean	S	M	0 – No 1 – Yes
	Reg_EOID	Identifier of the economic operator that acts on behalf of the retail outlet operator not involved otherwise in the tobacco trade	EOID	S	M, if Reg_3RD = 1

Textual Amendments

F212 Words in Annex 2 Ch. 2 point 1.2 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. 48(c)(i) (with regs. 3(2)(3), 4-6)

1.3. De-registration of economic operator identifier code U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	1-3
	EO_ID	Economic operator identifier code	EOID	S	M
	EO_CODE	Economic operator's confirmation code provided in response to the registration of economic operator	Text	S	M
	Reg_3RD	Indication if the registration is made on behalf of the retail outlet operator not involved otherwise in the tobacco trade	Boolean	S	M	0 – No 1 – Yes
	Reg_EOID	Identifier of the economic operator that acts on behalf of the retail outlet operator not involved otherwise in the tobacco trade	EOID	S	M, if Reg_3RD = 1

1.4. Request for a facility identifier code U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	1-4
	EO_ID	Economic operator identifier code	EOID	S	M
	EO_CODE	Economic operator's confirmation code provided in response to the registration of economic operator	Text	S	M
	F_Address	Facility's address – street name, house number, postal code and city	Text	S	M
	F_Country	Facility's country	Country	S	M
	F_Type	Type of facility	Integer	S	M	1 – manufacturing site with warehouse 2 – standalone warehouse 3 – retail outlet 4 – other
	F_Type_Other	Description of other facility	Text	S	M, if F_Type = 4
	F_Status	Indication if a part of the facility has a tax (excise) warehouse status	Boolean	S	M	0 – No 1 – Yes
	F_ExciseNumber1	Indication if the facility has an excise number issued by the competent authority for the purpose of identification of persons/premises	Boolean	S	M	0 – No SEED number 1 – SEED number exists
	F_ExciseNumber2	Facility's excise number issued by the competent authority for the purpose of identification of persons/premises	SEED	S	M, if F_ExciseNumber1 = 1
	OtherFID_R	Indication if the facility has been allocated an identifier by another ID Issuer	Boolean	S	M	0 – No 1 – Yes (possible only for non-[F213 UK] facilities)
	OtherFID_N	Facility identifier codes allocated by other ID Issuers	FID	M	M, if OtherFID_R = 1
	Reg_3RD	Indication if the registration is made on behalf of a retail outlet operator not involved otherwise in the tobacco trade	Boolean	S	M	0 – No 1 – Yes (possible only if F_Type = 3)
	Reg_EOID	Identifier of the economic operator that acts on behalf of the retail outlet operator not involved otherwise in the tobacco trade	EOID	S	M, if Reg_3RD = 1

Textual Amendments

F213 Word in Annex 2 Ch. 2 point 1.4 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. 48(c)(ii) (with regs. 3(2)(3), 4-6)

1.5. Correction of information concerning the facility identifier code U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	1-5
	EO_ID	Economic operator identifier code	EOID	S	M
	EO_CODE	Economic operator's confirmation code provided in response to the registration of economic operator	Text	S	M
	F_ID	Facility identifier code	FID	S	M
	F_Address	Facility's address – street name, postal code and city	Text	S	M
	F_Country	Facility's country	Country	S	M
	F_Type	Type of facility	Integer	S	M	1 – manufacturing site with warehouse 2 – standalone warehouse 3 – retail outlet 4 – other
	F_Type_Other	Description of other facility	Text	S	M, if F_Type = 4
	F_Status	Indication if a part of the facility has a tax (excise) warehouse status	Boolean	S	M	0 – No 1 – Yes
	F_ExciseNumber1	Indication if the facility has an excise number issued by the competent authority for the purpose of identification of persons/premises	Boolean	S	M	0 – No SEED number 1 – SEED number exists
	F_ExciseNumber2	Facility's excise number issued by the competent authority for the purpose of identification of persons/premises	SEED	S	M, if F_ExciseNumber1 = 1
	OtherFID_R	Indication if the facility has been allocated an identifier by another ID Issuer	Boolean	S	M	0 – No 1 – Yes (possible only for non-[F214 UK] facilities)
	OtherFID_N	Facility identifier codes allocated by other ID Issuers	FID	M	M, if OtherFID_R = 1
	Reg_3RD	Indication if the registration is made on behalf of the retail outlet operator not involved otherwise in the tobacco trade	Boolean	S	M	0 – No 1 – Yes (possible only if F_Type = 3)
	Reg_EOID	Identifier of the economic operator that acts on behalf of the retail outlet operator not involved otherwise in the tobacco trade	EOID	S	M, if Reg_3RD = 1

Textual Amendments

F214 Word in Annex 2 Ch. 2 point 1.5 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. 48(c)(ii) (with regs. 3(2)(3), 4-6)

1.6. De-registration of facility identifier code U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	1-6
	EO_ID	Economic operator identifier code	EOID	S	M
	EO_CODE	Economic operator's confirmation code provided in response to the registration of economic operator	Text	S	M
	F_ID	Facility identifier code	FID	S	M
	Reg_3RD	Indication if the de-registration is made on behalf of a retail outlet operator not involved otherwise in the tobacco trade	Boolean	S	M	0 – No 1 – Yes
	Reg_EOID	Identifier of the economic operator that acts on behalf of the retail outlet operator not involved otherwise in the tobacco trade	EOID	S	M, if Reg_3RD = 1

1.7. Request for a machine identifier code U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	1-7
	EO_ID	Economic operator identifier code	EOID	S	M
	EO_CODE	Economic operator's confirmation code provided in response to the registration of economic operator	Text	S	M
	F_ID	Facility identifier code	FID	S	M
	M_Producer	Machine's producer	Text	S	M
	M_Model	Machine's model	Text	S	M
	M_Number	Machine's serial number	Text	S	M
	M_Capacity	Maximum capacity over 24-hour production cycle expressed in unit packets	Integer	S	M

1.8. Correction of information concerning the machine identifier code U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	1-8
	EO_ID	Economic operator identifier code	EOID	S	M
	EO_CODE	Economic operator's confirmation code provided in response to the registration of economic operator	Text	S	M
	F_ID	Facility identifier code	FID	S	M
	M_ID	Machine identifier code	MID	S	M
	M_Producer	Machine's producer	Text	S	M
	M_Model	Machine's model	Text	S	M
	M_Number	Machine's serial number	Text	S	M
	M_Capacity	Maximum capacity over 24-hour production cycle expressed in unit packets	Integer	S	M

1.9. De-registration of machine identifier code U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	1-9
	EO_ID	Economic operator identifier code	EOID	S	M
	EO_CODE	Economic operator's confirmation code provided in response to the registration of economic operator	Text	S	M
	F_ID	Facility identifier code	FID	S	M
	M_ID	Machine identifier code	MID	S	M

SECTION 2 U.K. Unique identifiers (UIs)

2.1. Request for unit level UIs U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	2-1
	EO_ID	Economic operator identifier code of the submitting entity (either F215 ... manufacturer or F215 ... importer)	EOID	S	M
	F_ID	Facility identifier code	FID	S	M
	Process_Type	Indication if the production process involves machinery	Boolean	S	M	0 – No (only for fully hand made products) 1 – Yes
	M_ID	Machine identifier code	MID	S	M, if Process_Type = 1
	P_Type	Type of tobacco product	Integer	S	M	1 — Cigarette 2 — Cigar 3 — Cigarillo 4 — Roll your own tobacco 5 — Pipe tobacco 6 — Waterpipe tobacco 7 — Oral tobacco 8 — Nasal tobacco 9 — Chewing tobacco 10 — Novel tobacco product 11 — Other (product placed on the market before 19 May 2014, not covered by categories 1-9)
	P_OtherType	Description of other type of tobacco product	Text	S	M, if P_Type = 11
	P_CN	Combined Nomenclature (CN) code	Text	S	O
	P_Brand	Brand of tobacco product	Text	S	M
	P_weight	Average gross weight of unit packet, including packaging, in grams with 0,1 gram accuracy	Decimal	S	M
	TP_ID	Tobacco product identifier used in the [F216 CEG] system	TPID	S	M, if Intended_Market is [F217 the UK]
	TP_PN	Tobacco product number used in the [F216 CEG] system	PN	S	M, if Intended_Market is [F217 the UK]
	Intended_Market	Intended country of retail sale	Country	S	M
	Intended_Route1	Indication if the product is intended to be moved across country boarders with terrestrial/water/air transport	Boolean	S	M	0 – No 1 – Yes
	Intended_Route2	The first country of terrestrial/water/air transport after the product leaves the [F218 country] of manufacturing or the [F218 country] of importation established on the basis of a check point on the land border, next seaport or next airport respectively	Country	S	M, if Intended_Route1 = 1
	Import	Indication if the product is imported into the [F219 UK]	Boolean	S	M	0 – No 1 – Yes
	Req_Quantity	Requested quantity of unit packet level UIs	Integer	S	M

Textual Amendments

F215 Word in Annex 2 Ch. 2 point 2.1 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. 48(c)(iii)(aa) (with regs. 3(2)(3), 4-6)

F216 Word in Annex 2 Ch. 2 point 2.1 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. 48(c)(iii)(bb) (with regs. 3(2)(3), 4-6)

F217 Words in Annex 2 Ch. 2 point 2.1 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. 48(c)(iii)(cc) (with regs. 3(2)(3), 4-6)

F218 Word in Annex 2 Ch. 2 point 2.1 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. 48(c)(iii)(dd) (with regs. 3(2)(3), 4-6)

F219 Word in Annex 2 Ch. 2 point 2.1 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. 48(c)(iii)(ee) (with regs. 3(2)(3), 4-6)

2.2. Request for aggregated level UIs U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	2-2
	EO_ID	Economic operator identifier code of the submitting entity	EOID	S	M
	F_ID	Facility identifier code	FID	S	M
	Req_Quantity	Requested quantity of aggregated level UIs	Integer	S	M

2.3. Request for deactivation of UIs U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	2-3
	EO_ID	Economic operator identifier code of the submitting entity	EOID	S	M
	Deact_Type	Deactivation of unit packet or aggregated level UIs	Integer	S	M	1 – Unit packet level UIs 2 – Aggregated level UIs
	Deact_Reason1	Identification of the reason for deactivation	Integer	S	M	1 – Product destroyed 2 – Product stolen 3 – UI destroyed 4 – UI stolen 5 – UI unused 6 – Other
	Deact_Reason2	Description of other reason	Text	S	M, if Deact_Reason1 = 6
	Deact_Reason3	Additional description of the reason	Text	S	O
	Deact_upUI	List of unit packet level UIs to be deactivated	upUI(s)	M	M, if Deact_Type = 1
	Deact_aUI	List of aggregated level UIs to be deactivated	aUI	M	M, if Deact_Type = 2

SECTION 3 U.K. Recording and transmission of information on product movements

[F220 3. Pairing between marked codes and virtual paired codes U.K.

Field	Comments	Data Type	Cardinality	Priority	Values
EO_ID	Economic operator identifier code of the submitting entity	EOID	S	M
Message_Time_Long	The time that the message is first submitted to the Gateway, Long format.	Time(L)	S	M
Event_Time	Time of event occurrence	Time(s)	S	M
upUI	List of paired codes		S	M
upID	Code pairing detail		M	M
upID Printed_Code	Unit packet level UID marked on packs	upUI(L)	S	M
upID Paired_Code	Paired UID	upUI(M)	S	M]

Textual Amendments

F220 Annex 2 Ch. 2 point 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. 48(c)(iv) (with regs. 3(2)(3), 4-6)

3.1. Application of unit level UIs on unit packets U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	3-1
	EO_ID	Economic operator identifier code of the submitting entity	EOID	S	M
	F_ID	Facility identifier code	FID	S	M
	upUI_1	List of unit packet level UIs to be recorded (full length)	upUI(L)	M	M
	upUI_2	List of corresponding unit packet level UIs to be recorded (as visible in human readable format) indicated in the same order as upUI_1	upUI(s)	M	M
	upUI_comment	Comments by the reporting entity	Text	S	O

3.2. Application of aggregated level UIs on aggregated packaging U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	3-2
	EO_ID	Economic operator identifier code of the submitting entity	EOID	S	M
	F_ID	Facility identifier code	FID	S	M
	Event_Time	Time of event occurrence	Time(s)	S	M
	aUI	Aggregated level UI	aUI	S	M
	Aggregation_Type	Identification of aggregation type	Integer	S	M	1 – aggregation of only unit packet level UIs 2 – aggregation of only aggregated level UIs 3 – aggregation of both unit packet and aggregated level UIs
	Aggregated_UIs1	List of unit packet level UIs subject to aggregation	upUI(L)	M	M, if Aggregation_ Type = 1 or 3
	Aggregated_UIs2	List of aggregated level UIs subject to further aggregation	aUI	M	M, if Aggregation_ Type = 2 or 3
	aUI_comment	Comments by the reporting entity	Text	S	O

3.3. Dispatch of tobacco products from a facility U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	3-3
	EO_ID	Economic operator identifier code of the submitting entity	EOID	S	M
	Event_Time	Intended time of event occurrence	Time(s)	S	M
	F_ID	Dispatch facility identifier code	FID	S	M
	Destination_ID1	Indication of destination type: if the destination facility is located [F221 in the UK] and if it is delivery to a vending machine (VM) or by means of a vending van (VV) delivering to multiple retail outlets in quantities that have not been predetermined in advance of the delivery	Integer	S	M	1 – Non EU dest. 2 – EU destination other than VM – fixed quantity delivery 3 – EU VM(s) 4 – EU destination other than VM – delivery with VV
	Destination_ID2	Destination facility identifier code	FID	S	M, if Destination_ID1 = 2
	Destination_ID3	Destination facility identifier code(s) – possible multiple vending machines	FID	M	M, if Destination_ID1 = 3
	Destination_ID4	Destination facility identifier code(s)	FID	M	M, if Destination_ID1 = 4
	Destination_ID5	Destination facility's full address: street, house number, postal code, city	Text	S	M, if Destination_ID1 = 1
	Transport_mode	Mode of transport by which the product leaves the facility F222 ...	Integer	S	M	0 – Other 1 – Sea Transport 2 – Rail transport 3 – Road transport 4 – Air transport 5 – Postal consignment 6 – Fixed transport installations 7 – Inland waterway transport
	Transport_vehicle	Identification of the vehicle (i.e. number plates, train number, plane/flight number, ship name or other identification)	Text	S	M	‘n/a’ is permitted value if Transport_mode = 0 and product movement takes place between adjacent facilities and is delivered manually
	Transport_cont1	Indication if the transport is containerised and uses an individual transport unit code (e.g. SSCC)	Boolean	S	M	0 – No 1 – Yes
	Transport_cont2	Individual transport unit code of the container	ITU	S	M, if Transport_cont1 = 1
	Transport_s1	Indication if the dispatch takes place with the logistic/postal operator who operates its own track and trace system F223 .... Only for small quantities of tobacco products (net weight of the products dispatched below 10 kg) destined for exports to [F224 other] countries	Boolean	S	M	0 – No 1 – Yes
	Transport_s2	The logistic operator's tracking number	Text	S	M, if Transport_s1 = 1
	EMCS	Dispatch under the Excise Movement and Control System (EMCS)	Boolean	S	M	0 – No 1 – Yes
	EMCS_ARC	Administrative Reference Code (ARC)	ARC	S	M, if EMCS = 1
	SAAD	Dispatch with a simplified accompanying document, see: Commission Regulation (EEC) No 3649/92	Boolean	S	M	0 – No 1 – Yes
	SAAD_number	Reference number of the declaration and/or authorization which has to be given by the competent authority in the Member State of destination before the movement starts	Text	S	M, if SAAD = 1
	Exp_Declaration	Indication if the Movement Reference Number (MRN) has been issued by the customs office	Boolean	S	M	0 – No 1 – Yes
	Exp_ DeclarationNumber	Movement Reference Number (MRN)	MRN	S	M, if Exp_Declaration = 1
	UI_Type	Identification of UI types in the dispatch (recorded at the highest level of available aggregation)	Integer	S	M	1 – only unit packet level UIs 2 – only aggregated level UIs 3 – both unit packet and aggregated level UIs
	upUIs	List of unit packet level UIs subject to the dispatch	upUI(L)	M	M, if UI_Type = 1 or 3
	aUIs	List of aggregated level UIs subject to the dispatch	aUI	M	M, if UI_Type = 2 or 3
	Dispatch_comment	Comments by the reporting entity	Text	S	O

Textual Amendments

F221 Words in Annex 2 Ch. 2 point 3.3 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. 48(c)(v)(aa) (with regs. 3(2)(3), 4-6)

F222 Words in Annex 2 Ch. 2 point 3.3 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. 48(c)(v)(bb) (with regs. 3(2)(3), 4-6)

F223 Words in Annex 2 Ch. 2 point 3.3 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. 48(c)(v)(cc) (with regs. 3(2)(3), 4-6)

F224 Word in Annex 2 Ch. 2 point 3.3 substituted (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. 48(c)(v)(cc) (with regs. 3(2)(3), 4-6)

3.4. Arrival of tobacco products at a facility U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	3-4
	EO_ID	Economic operator identifier code of the submitting entity	EOID	S	M
	F_ID	Arrival facility identifier code	FID	S	M
	Event_Time	Time of event occurrence	Time(s)	S	M
	Product_Return	Indication if the arriving products are a return following complete or partial non-delivery	Boolean	S	M	0 – No 1 – Yes
	UI_Type	Identification of UI types received (recorded at the highest level of available aggregation)	Integer	S	M	1 – only unit packet level UIs 2 – only aggregated level UIs 3 – both unit packet and aggregated level UIs
	upUIs	List of unit packet level UIs received	upUI(L)	M	M, if UI_Type = 1 or 3
	aUIs	List of aggregated level UIs received	aUI	M	M, if UI_Type = 2 or 3
	Arrival_comment	Comments by the reporting entity	Text	S	O

3.5. Trans-loading U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	3-5
	EO_ID	Economic operator identifier code of the submitting entity	EOID	S	M
	Event_Time	Intended time of event occurrence	Time(s)	S	M
	Destination_ID1	Indication if the destination facility is located [F225 in the UK]	Boolean	S	M	0 – No 1 – Yes
	Destination_ID2	Destination facility identifier code	FID	S	M, if Destination_ID1 = 1
	Destination_ID3	Destination facility's full address	Text	S	M, if Destination_ID1 = 0
	Transport_mode	Mode of transport to which the product is trans-loaded F226 ...	Integer	S	M	0 – Other 1 – Sea Transport 2 – Rail transport 3 – Road transport 4 – Air transport 5 – Postal consignment 6 – Fixed transport installations 7 – Inland waterway transport
	Transport_vehicle	Identification of the vehicle (i.e. number plates, train number, plane/flight number, ship name or other identification)	Text	S	M
	Transport_cont1	Indication if the transport is containerised and uses an individual transport unit code (e.g. SSCC)	Boolean	S	M	0 – No 1 – Yes
	Transport_cont2	Individual transport unit code of the container	ITU	S	M, if Transport_cont1 = 1
	EMCS	Dispatch under the Excise Movement and Control System (EMCS)	Boolean	S	M	0 – No 1 – Yes
	EMCS_ARC	Administrative Reference Code (ARC)	ARC	S	M, if EMCS = 1
	UI_Type	Identification of UI types subject to the trans-loading (recorded at the highest level of available aggregation)	Integer	S	M	1 – only unit packet level UIs 2 – only aggregated level UIs 3 – both unit packet and aggregated level UIs
	upUIs	List of unit packet level UIs subject to the trans-loading	upUI(L)	M	M, if UI_Type = 1 or 3
	aUIs	List of aggregated level UIs subject to the trans-loading	aUI	M	M, if UI_Type = 2 or 3
	Transloading_comment	Comments by the reporting entity	Text	S	O

Textual Amendments

F225 Words in Annex 2 Ch. 2 point 3.5 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. 48(c)(vi)(aa) (with regs. 3(2)(3), 4-6)

F226 Words in Annex 2 Ch. 2 point 3.5 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. 48(c)(vi)(bb) (with regs. 3(2)(3), 4-6)

3.6. Disaggregation of aggregated level UIs U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	3-6
	EO_ID	Economic operator's identifier	EOID	S	M
	F_ID	Facility's identifier	FID	S	M
	Event_Time	Time of event occurrence	Time(s)	S	M
	aUI	Aggregated level UI subject to disaggregation	aUI	S	M
	disaUI_comment	Comments by the reporting entity	Text	S	O

3.7. Report of delivery carried out with a vending van to retail outlet (required if in message type 3-3, field Destination_ID1 = 4) U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	3-7
	EO_ID	Economic operator identifier code of the submitting entity	EOID	S	M
	F_ID	Facility identifier code of retail outlet	FID	S	M
	Event_Time	Time of event occurrence	Time(s)	S	M
	UI_Type	Identification of UI types delivered (recorded at the highest level of available aggregation)	Integer	S	M	1 – only unit packet level UIs 2 – only aggregated level UIs 3 – both unit packet and aggregated level UIs
	upUIs	List of unit packet level UIs delivered	upUI(L)	M	M, if UI_Type = 1 or 3
	aUIs	List of aggregated level UIs delivered	aUI	M	M, if UI_Type = 2 or 3
	Delivery_comment	Comments by the reporting entity	Text	S	O

SECTION 4 U.K. Transactional events

4.1. Issuing of the invoice U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	4-1
	EO_ID	Economic operator identifier code of the submitting entity	EOID	S	M
	Event_Time	Time of event occurrence	Time(s)	S	M
	Invoice_Type1	Type of the invoice	Integer	S	M	1 – Original 2 – Correction 3 – Other
	Invoice_Type2	Description of the other type of the invoice	Text	S	M, if Invoice_Type1 = 3
	Invoice_Number	Number of the invoice	Text	S	M
	Invoice_Date	Date of the invoice	Date	S	M
	Invoice_Seller	Identity of the seller	EOID	S	M
	Invoice_Buyer1	Indication if the buyer is located in the [F227 UK]	Boolean	S	M	0 – No 1 – Yes
	Invoice_Buyer2	Identity of the buyer	EOID	S	M, if Invoice_Buyer1 = 1
	Buyer_Name	Buyer's registered legal name	Text	S	M, if Invoice_Buyer1 = 0
	Buyer_Address	Buyer's address – street name, house number, postal code, city	Text	S	M, if Invoice_Buyer1 = 0
	Buyer_CountryReg	Buyer's country of registration	Country	S	M, if Invoice_Buyer1 = 0
	Buyer_TAX_N	Buyer's tax registration number	Text	S	M, if Invoice_Buyer1 = 0
	First_Seller_[F227 UK]	Indication if the invoice is issued by the first seller in the [F227 UK], i.e. the [F227 UK] manufacturer or the importer, and the product is destined for the [F227 UK] market	Boolean	S	M	0 – No 1 – Yes
	Product_Items_1	List of TPIDs corresponding to the product items listed on the invoice	TPID	M	M, if First_Seller_[F227 UK] = 1
	Product_Items_2	List of product numbers corresponding to the product items listed on the invoice (in the same order as Product_Items_1)	PN	M	M, if First_Seller_[F227 UK] = 1
	Product_Price	Net unit packet price per each pair of TPID and product number (in the same order as Product_ Items_1)	Decimal	M	M, if First_Seller_[F227 UK] = 1
	Invoice_Net	Total net amount of the invoice	Decimal	S	M
	Invoice_Currency	Currency of the invoice	Currency	S	M
	UI_Type	Identification of UI types covered by the invoice (recorded at the highest level of available aggregation)	Integer	S	M	1 – only unit packet level UIs 2 – only aggregated level UIs 3 – both unit packet and aggregated level UIs
	upUIs	List of unit packet level UIs covered by the invoice	upUI(L)	M	M, if UI_Type = 1 or 3
	aUIs	List of aggregated level UIs covered by the invoice	aUI	M	M, if UI_Type = 2 or 3
	Invoice_comment	Comments by the reporting entity	Text	S	O

Textual Amendments

F227 Word in Annex 2 Ch. 2 point 4.1 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. 48(c)(vii) (with regs. 3(2)(3), 4-6)

4.2. Issuing of the order number U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	4-2
	EO_ID	Economic operator identifier code of the submitting entity	EOID	S	M
	Event_Time	Time of event occurrence	Time(s)	S	M
	Order_Number	Number of the purchase order	Text	S	M
	Order_Date	Date of the purchase order	Date	S	M
	UI_Type	Identification of UI types covered by the purchase order (recorded at the highest level of available aggregation)	Integer	S	M	1 – only unit packet level UIs 2 – only aggregated level UIs 3 – both unit packet and aggregated level UIs
	upUIs	List of unit packet level UIs covered by the purchase order	upUI(L)	M	M, if UI_Type = 1 or 3
	aUIs	List of aggregated level UIs covered by the purchase order	aUI	M	M, if UI_Type = 2 or 3
	Order_comment	Description of the reason for delayed recording of the purchase order	Text	S	O

4.3. Receipt of the payment U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	4-3
	EO_ID	Economic operator identifier code of the submitting entity	EOID	S	M
	Event_Time	Time of event occurrence	Time(s)	S	M
	Payment_Date	Date of the payment receipt	Date	S	M
	Payment_Type	Type of payment	Integer	S	M	1 – bank transfer 2 – bank card 3 – cash 4 – other
	Payment_Amount	Amount of the payment	Decimal	S	M
	Payment_Currency	Currency of the payment	Currency	S	M
	Payment_Payer1	Indication if the payer is located in the [F228 UK]	Boolean	S	M	0 – No 1 – Yes
	Payment_Payer2	Identity of the payer	EOID	S	M, if Payment_Payer1 = 1
	Payer_Name	Payer's registered legal name	Text	S	M, if Payment_Payer1 = 0
	Payer_Address	Payer's address – street name, house number, postal code and city	Text	S	M, if Payment_Payer1 = 0
	Payer_CountryReg	Payer's country of registration	Country	S	M, if Payment_Payer1 = 0
	Payer_TAX_N	Payer's tax registration number	Text	S	M, if Payment_Payer1 = 0
	Payment_Recipient	Identity of the recipient	EOID	S	M
	Payment_Invoice	Indication if the payment corresponds to the existing invoice	Boolean	S	M	0 – No 1 – Yes
	Invoice_Paid	Number of the invoice paid with the payment	Text	S	M, if Payment_Invoice = 1
	UI_Type	Identification of UI types covered by the payment (recorded at the highest level of available aggregation)	Integer	S	M, if Payment_Invoice = 0	1 – only unit packet level UIs 2 – only aggregated level UIs 3 – both unit packet and aggregated level UIs
	upUIs	List of unit packet level UIs covered by the payment	upUI(L)	M	M, if Payment_Invoice = 0 and UI_Type = 1 or 3
	aUIs	List of aggregated level UIs covered by the payment	aUI	M	M, if Payment_Invoice = 0 and UI_Type = 2 or 3
	Payment_comment	Comments by the reporting entity	Text	S	O

Textual Amendments

F228 Word in Annex 2 Ch. 2 point 4.3 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. 48(c)(vii) (with regs. 3(2)(3), 4-6)

SECTION 5 U.K. Recalls

5. Recalls of requests, operational and transactional messages (possible for message types 2-1, 2-2, 3-1 to 3-7, 4-1, 4-2 and 4-3) U.K.

Item #	Field	Comments	Data Type	Cardinality	Priority	Values
	Message_Type	Identification of message type	Text	S	M	5
	EO_ID	Economic operator identifier code of the submitting entity	EOID	S	M
	Recall_CODE	Message recall code provided to the message sender in the acknowledgement of the original message to be recalled	Text	S	M
	Recall_Reason1	Reason for recalling the original message	Integer	S	M	1 – reported event did not materialise (only for message types 3-3 and 3-5) 2 – message contained erroneous information 3 – other
	Recall_Reason2	Description of the reason for recalling the original message	Text	S	M, if Recall_Reason1 = 3
	Recall_Reason3	Any additional explanations on the reason for recalling the original message	Text	S	O

Notice: A recall with respect to operational and logistic events results in flagging the recalled message as cancelled but does not lead to the deletion of the existing database record. U.K.

(1)

OJ L 127, 29.4.2014, p. 1.

(2)

Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control (OJ L 268, 1.10.2016, p. 10).

(3)

Council Decision (EU) 2016/1749 of 17 June 2016 on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (OJ L 268, 1.10.2016, p. 1). Council Decision (EU) 2016/1750 of 17 June 2016 on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences (OJ L 268, 1.10.2016, p. 6).

(4)

Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).

(5)

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(6)

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