The Tobacco Products (Traceability and Security Features) Regulations 2019

PART 1 U.K. Preliminary

Citation, commencement and effect U.K.

1.—(1) These Regulations may be cited as the Tobacco Products (Traceability and Security Features) Regulations 2019.

(2) These Regulations come into force on 20th May 2019.

(3) Subject to paragraph (4), regulation 6 has effect in relation to—

(a) cigarettes or hand-rolling tobacco supplied in the United Kingdom on or after 20th May 2019, and

(b) tobacco products (other than cigarettes or hand-rolling tobacco) supplied in [F1 any part of]the United Kingdom on or after 20th May 2024.

(4) Regulation 6 does not have effect in relation to—

(a) cigarettes or hand-rolling tobacco manufactured, or imported into the United Kingdom, before 20th May 2019 unless the product in question is supplied in the United Kingdom on or after 20th May 2020, and

(b) tobacco products (other than cigarettes or hand-rolling tobacco) which are manufactured, or imported into the United Kingdom, before 20th May 2024 unless the product in question is supplied in [F2 any part of] the United Kingdom on or after 20th May 2026.

(5) Regulations 7 to 10 have effect in relation to—

(a) cigarettes or hand-rolling tobacco—

(i) manufactured in the United Kingdom on or after 20th May 2019, or

(ii) manufactured in a country which is not a member State that are imported into the United Kingdom on or after that date for supply in the United Kingdom or another member State, and

(b) tobacco products (other than cigarettes or hand-rolling tobacco)—

(i) manufactured in the United Kingdom on or after 20th May 2024, or

[F3 (ii) imported into the United Kingdom on or after that date for supply in any part of the United Kingdom.]

(6) Regulation 13 has effect in relation to—

(a) cigarettes or hand-rolling tobacco—

(i) manufactured in the United Kingdom on or after 20th May 2019, or

(ii) imported into the United Kingdom on or after that date,

for supply in the United Kingdom, and

(b) tobacco products (other than cigarettes or hand-rolling tobacco)—

(i) manufactured in the United Kingdom on or after 20th May 2024, or

(ii) imported into the United Kingdom on or after that date,

for supply in [F4 any part of] the United Kingdom.

Textual Amendments

F1 Words in reg. 1(3)(b) 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. 3 para. 2(a) (with regs. 8, 9, 10(2)-(5), 11, 12)

F2 Words in reg. 1(4)(b) 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. 3 para. 2(a) (with regs. 8, 9, 10(2)-(5), 11, 12)

F3 Reg. 1(5)(b)(ii) 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. 3 para. 2(b) (with regs. 8, 9, 10(2)-(5), 11, 12)

F4 Words in reg. 1(6)(b) 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. 3 para. 2(c) (with regs. 8, 9, 10(2)-(5), 11, 12)

Commencement Information

I1 Reg. 1 in force at 20.5.2019, see reg. 1(2)

Interpretation U.K.

2.  In these Regulations—

“anti-tampering device” has the meaning given in Article 2(7) of the Commission Implementing Regulation;

“authentication elements” are the authentication elements set out in the Annex to the [F5 relevant Security Features Decision];

“authentication elements provider” means a person meeting the description in regulation 15(1);

[F6 “Category A, B, C or D contravention” have the meanings given in regulation 20A;]

“cigarette” means a tobacco product that can be consumed by means of a combustion process and which is—

(a)

a roll of tobacco (or of tobacco and another substance) capable of being smoked as it is, but which is not a cigar or a cigarillo, or

(b)

a roll of tobacco (or of tobacco and another substance) which is designed to be, by simple non-industrial handling—

(i)

wrapped in cigarette paper, or

(ii)

inserted into a cigarette-paper tube;

“cigar” means a tobacco product that can be consumed by means of a combustion process and, given its properties and normal consumer expectations, is exclusively intended to be smoked as it is, and which is—

(a)

a roll of tobacco (or of tobacco and another substance) which has an outer wrapper of natural tobacco, or

(b)

a roll of tobacco (or of tobacco and another substance) which—

(i)

has an outer wrapper—

(aa)

of the normal colour of a cigar,

(bb)

made of reconstituted tobacco, and

(cc)

covering the product in full (including the filter but not, in the case of a cigar with a mouthpiece, the mouthpiece),

(ii)

is filled with a threshed blend of tobacco (or of tobacco and another substance),

(iii)

has a unit weight, not including any filter or mouthpiece, of not less than 2.3 grams and not more than 10 grams, and

(iv)

has a circumference, over at least one third of its length, of not less than 34 millimetres;

“cigarillo” means a cigar with a unit weight of not more than 3 grams;

“the Commission” means the Commission of the European Union;

F7 ...

[F8 “the Commission Implementing Regulation” means, except in regulation 13(4), the 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 as it applies in the United Kingdom;]

“consumer” means a person who is acting for purposes which are outside that person's trade, business, craft or profession;

F9 ...

[F10 “customs suspensive procedure or arrangement” has the meaning given in regulation 3(1) of the Excise Goods (Holding, Movement and Duty Point) Regulations 2010 as those Regulations apply in respect of tobacco products entering the United Kingdom;]

[F10 “the data repository” means the data storage facility established under Article 26(1) of the Commission Implementing Regulation;]

“deactivation notice” means a notice given under regulation 18(4);

[F10 “the GB Security Features Decision” means the Commission Implementing Decision (EU) 2018/576 of 15 December 2017 on technical standards for security features applied to tobacco products;

“GB tobacco product” means a tobacco product which is manufactured for, or imported into the United Kingdom for, supply in Great Britain;

“the GB travel retail sector” means retail outlets in Great Britain at which tobacco products or related products may be purchased only by people travelling on journeys to destinations outside Great Britain;]

“economic operator” has the meaning given in Article 2(2) of the Commission Implementing Regulation;

[F6 “economic operator identifier code” or “EOID” means a code issued in accordance with Article 15 of the Commission Implementing Regulation;]

F11 ...

[F10 “the EU Security Features Decision” means the Commission Implementing Decision (EU) 2018/576 of 15 December 2017 on technical standards for security features applied to tobacco products as it has effect by [F6 virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;]

[F6 “facility” has the meaning given in Article 2(6) of the Commission Implementing Regulation;]

[F6 “facility identifier code” or “FID” means a code issued in accordance with Article 17 of the Commission Implementing Regulation;]

“hand-rolling tobacco” means a tobacco product—

(a)

in relation to which more than 25% by weight of the tobacco particles have a cut width of less than 1.5 millimetres,

(b)

which is sold or intended to be sold for making into cigarettes by hand, including making into cigarettes by hand with the aid of a mechanical device, or

(c)

which is of a kind used for making into cigarettes by hand, including making into cigarettes by hand with the aid of a mechanical device;

“HMRC” means Her Majesty's Revenue and Customs;

[F10 “import” means the entry of tobacco products into the United Kingdom unless those products are placed under a customs suspensive procedure or arrangement on their entry, as well as their release from a customs suspensive procedure or arrangement, and “imported” is to be construed accordingly;]

“manufacturer” means a person who—

(a)

manufactures tobacco products, or

(b)

puts a name, trademark, or other distinguishing mark, on tobacco products by which the person is held out to be the manufacturer or originator,

and “manufacture” is to be construed accordingly;

[F10 “NI tobacco product” means a tobacco product which is manufactured for, or imported into the United Kingdom for, supply in Northern Ireland;

“the NI travel retail sector” means retail outlets in Northern Ireland at which tobacco products or related products may be purchased only by people travelling on journeys to destinations outside Northern Ireland;]

“officer” means a person appointed under section 2(1) of the Commissioners for Revenue and Customs Act 2005 M1 ;

“prescribed” means prescribed in a direction of the Commissioners for Her Majesty's Revenue and Customs made under regulation 24;

F12 ...

“retail sale” means sale to a consumer;

“retailer” means a person who sells, or offers or agrees to sell, a tobacco product to a consumer;

[F6 “second, third or subsequent contravention” have the meanings given in regulation 20A;]

“security feature” means the security feature required to be carried by unit packets of tobacco products by regulation 13;

[F13 “supplied in any part of the United Kingdom” has the meaning given in regulation 3;]

[F10 “the relevant Security Features Decision” means—

(a)

in relation to GB tobacco product, the GB Security Features Decision, and

(b)

in relation to NI tobacco product, the EU Security Features Decision;]

“tobacco product” means a product that can be consumed and consists, in whole or in part, of tobacco;

[F14 “travel retail sector” means—

(a)

the GB travel retail sector, or

(b)

the NI travel retail sector;]

“the UK ID Issuer” means the entity appointed for the United Kingdom in accordance with Article 3(1) of the Commission Implementing Regulation M2 ;

“unique identifier” has the meaning given in Article 2(1) of the Commission Implementing Regulation;

“unit packet” in relation to a tobacco product, means the smallest individual packaging in which that product is, or is intended to be, presented for retail sale, but does not include any transparent wrapper.]

Textual Amendments

F5 Words in reg. 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. 3 para. 3(a) (with regs. 8, 9, 10(2)-(5), 11, 12)

F6 Words in reg. 2 inserted (20.7.2023) by The Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023 (S.I. 2023/606), regs. 1, 3

F7 Words in reg. 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. 3 para. 3(b) (with regs. 8, 9, 10(2)-(5), 11, 12)

F8 Words in reg. 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. 3 para. 3(c) (with regs. 8, 9, 10(2)-(5), 11, 12)

F9 Words in reg. 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. 3 para. 3(d) (with regs. 8, 9, 10(2)-(5), 11, 12)

F10 Words in reg. 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. 3 para. 3(i) (with regs. 8, 9, 10(2)-(5), 11, 12)

F11 Words in reg. 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. 3 para. 3(e) (with regs. 8, 9, 10(2)-(5), 11, 12)

F12 Words in reg. 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. 3 para. 3(f) (with regs. 8, 9, 10(2)-(5), 11, 12)

F13 Words in reg. 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. 3 para. 3(g) (with regs. 8, 9, 10(2)-(5), 11, 12)

F14 Words in reg. 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. 3 para. 3(h) (with regs. 8, 9, 10(2)-(5), 11, 12)

Commencement Information

I2 Reg. 2 in force at 20.5.2019, see reg. 1(2)

Marginal Citations

M1 2005 c. 11.

M2 The contract award notice for the appointment of the UK ID Issuer was published in the 42nd issue of the Official Journal of the EU (supplementary S series) for 2019, reference number: 2019/S 042-096012. It is available at https://ted.europa.eu/udl?uri=TED:NOTICE:96012-2019:TEXT:EN:HTML

and https://www.delta-esourcing.com/delta/respondToList.html;jsessionid=47E23C9D5C6DA38BB18D3AE18AFF0A0E?noticeId=342424410.

Meaning of tobacco products supplied in [F15 any part of] the United Kingdom U.K.

3.—(1) For the purposes of these Regulations, tobacco products are supplied in [F16 any part of] the United Kingdom if F17 ... a person—

(a) supplies the product—

(i) for consumption in [F18 any part of] the United Kingdom or through the [F19 travel retail sector], or

(ii) with a view to it being supplied for consumption in [F20 any part of] the United Kingdom or through the [F21 travel retail sector],

(b) offers or agrees to supply it in those circumstances, F22 ...

(c) exposes or possesses it for supply in those circumstances [F23 , or

(d) causes or allows the supply of tobacco products at a facility,]

and “supply in [F24 any part of] the United Kingdom” is to be construed accordingly.

[F25 (1A) For the purposes of paragraph (1)(d) a person who causes or allows the supply of tobacco products at a facility includes—

(a) the holder of the EOID, if there is an EOID linked to the facility; and

(b) the person who is responsible for the facility where the supply occurred, and for this purpose the person responsible for the facility is the person who—

(i) is entitled to control its use,

(ii) is entrusted with its management, or

(iii) is otherwise in charge of it.]

[F26 (2) 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.

(3) In this regulation, cross-border distance sale” means—

(a) in relation to Great Britain, 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 Great Britain;

(b) in relation to Northern Ireland, a distance sale to a consumer (“C”) where, at the time C orders a product from a retailer, C is located in Northern Ireland and the retailer is established outside Northern Ireland.]

Textual Amendments

F15 Words in reg. 3 heading 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. 3 para. 4 (with regs. 8, 9, 10(2)-(5), 11, 12)

F16 Words in reg. 3(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. 3 para. 5(a)(i) (with regs. 8, 9, 10(2)-(5), 11, 12)

F17 Words in reg. 3(1) omitted (20.7.2023) by virtue of The Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023 (S.I. 2023/606), regs. 1, 4(2)(a)

F18 Words in reg. 3(1)(a)(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. 3 para. 5(a)(ii)(aa) (with regs. 8, 9, 10(2)-(5), 11, 12)

F19 Words in reg. 3(1)(a)(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. 3 para. 5(a)(ii)(bb) (with regs. 8, 9, 10(2)-(5), 11, 12)

F20 Words in reg. 3(1)(a)(ii) 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. 3 para. 5(a)(ii)(aa) (with regs. 8, 9, 10(2)-(5), 11, 12)

F21 Words in reg. 3(1)(a)(ii) 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. 3 para. 5(a)(ii)(bb) (with regs. 8, 9, 10(2)-(5), 11, 12)

F22 Word in reg. 3(1) omitted (20.7.2023) by virtue of The Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023 (S.I. 2023/606), regs. 1, 4(2)(b)

F23 Reg. 3(1)(d) and word inserted (20.7.2023) by The Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023 (S.I. 2023/606), regs. 1, 4(2)(c)

F24 Words in reg. 3(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. 3 para. 5(a)(iii) (with regs. 8, 9, 10(2)-(5), 11, 12)

F25 Reg. 3(1A) inserted (20.7.2023) by The Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023 (S.I. 2023/606), regs. 1, 4(3)

F26 Reg. 3(2)(3) substituted for reg. 3(2) (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. 3 para. 5(b) (with regs. 8, 9, 10(2)-(5), 11, 12)

Commencement Information

I3 Reg. 3 in force at 20.5.2019, see reg. 1(2)

Meaning of tobacco products supplied in another member State U.K.

F27 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Reg. 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. 3 para. 6 (with regs. 8, 9, 10(2)-(5), 11, 12)

Competent ID issuer for the purposes of Article 4(1) of the Commission Implementing Regulation U.K.

F28 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Reg. 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. 3 para. 6 (with regs. 8, 9, 10(2)-(5), 11, 12)