The Tobacco and Related Products Regulations 2016

Meaning of producer and supplier etc. U.K.

3.—(1) For the purposes of these Regulations a person produces a tobacco product or related product if in the course of a business and with a view to the product being supplied for consumption in [F1 any part of the United] Kingdom or through the travel retail sector, the person—

(a) manufactures the product;

(b) puts a name, trade mark or other distinguishing mark on it by which the person is held out to be its manufacturer or originator; or

(c) imports it into [F2 any part of the United] Kingdom,

and the terms “producer” and “importer” are to be construed accordingly.

(2) For the purposes of these Regulations a person supplies a tobacco product or related product if, in the course of a business, the person—

(a) supplies the product—

(i) for consumption in [F3 any part of the United] Kingdom or through the travel retail sector, or

(ii) with a view to the product being supplied for consumption in [F4 any part of the United] Kingdom or through the travel retail sector;

(b) offers or agrees to supply it in those circumstances; or

(c) exposes or possesses it for supply in those circumstances,

and “supplier” is to be construed accordingly.

[F5 (3) In the case of a cross-border distance sale of a product, the product is to be treated for the purposes of these Regulations—

(a) where the consumer is located in Great Britain, as supplied, and presented for retail sale in Great Britain;

(b) where the consumer is located in Northern Ireland, as supplied, and presented for retail sale in Northern Ireland.]

[F6 (4) In these Regulations, “cross-border distance sale”—

(a) in relation to Great Britain, means a distance sale to a consumer (“C”) where, at the time C orders a product from a retailer, C is located in Great Britain and the retailer is established outside of Great Britain;

(b) in relation to Northern Ireland, means a distance sale to a consumer (“C”) where, at the time C orders a product from a retailer—

(i) C is located in Northern Ireland or a member State, and

(ii) the retailer—

(aa) if C is located in Northern Ireland, is established in a member State or another country outside of Northern Ireland;

(bb) if C is located in a member State, is established in Northern Ireland, in a different member State or in a country other than Northern Ireland or a member State.

(5) For the purposes of paragraph (4)(b) a retailer is deemed to be established in a member State—

(a) in the case of a retailer who is a natural person, if that person’s place of business is in that member State, and

(b) in any other case, if the retailer has its statutory seat, central administration or place of business, including a branch, agency or any other establishment, in that member State.]

Textual Amendments

F1 Words in reg. 3(1) substituted (31.12.2020) by S.I. 2019/41, reg. 6(3)(a)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(5) (with reg. 5))

F2 Words in reg. 3(1)(c) substituted (31.12.2020) by S.I. 2019/41, reg. 6(3)(a)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(5) (with reg. 5))

F3 Words in reg. 3(2)(a)(i) substituted (31.12.2020) by S.I. 2019/41, reg. 6(3)(b) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(5) (with reg. 5))

F4 Words in reg. 3(2)(a)(ii) substituted (31.12.2020) by S.I. 2019/41, reg. 6(3)(b) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(5) (with reg. 5))

F5 Reg. 3(3) substituted (31.12.2020) by S.I. 2019/41, reg. 6(3)(c) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(5) (with reg. 5))

F6 Reg. 3(4)(5) substituted for reg. 3(4) (31.12.2020) by S.I. 2019/41, reg. 6(3)(d) (as substituted byThe Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(5) (with reg. 5))