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 F24relevant Security Features Decision;

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

• F22“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—

  1. 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

  2. b

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

     1. i

        wrapped in cigarette paper, or

     2. 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—

  1. a

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

  2. b

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

     1. i

        has an outer wrapper—

        1. aa

           of the normal colour of a cigar,

        2. bb

           made of reconstituted tobacco, and

        3. cc

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

     2. ii

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

     3. 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

     4. 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;

• F23...

• F25“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;

• F18...

• F21“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;

• F21“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);

• F21“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;

• F22“economic operator identifier code” or “EOID” means a code issued in accordance with Article 15 of the Commission Implementing Regulation;

• F7...

• F21“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 F22virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

• F22“facility” has the meaning given in Article 2(6) of the Commission Implementing Regulation;

• F22“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—

  1. a

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

  2. 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

  3. 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;

• F21“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—

  1. a

     manufactures tobacco products, or

  2. 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;

• F21“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;

• F17...

• “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;

• F22“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;

• F26“supplied in any part of the United Kingdom” has the meaning given in regulation 3;

• F21“the relevant Security Features Decision” means—

  1. a

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

  2. 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;

• F13“travel retail sector” means—

  1. a

     the GB travel retail sector, or

  2. 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.

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