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The Tobacco Products (Traceability and Security Features) Regulations 2019
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- UK Statutory Instruments
- 2019 No. 594
- PART 5
- Regulation 16
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There are currently no known outstanding effects for the The Tobacco Products (Traceability and Security Features) Regulations 2019, Section 16.
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Declaration of independence from the tobacco industryU.K.
This section has no associated Explanatory Memorandum
16.—(1) Specified providers and authentication elements providers must provide HMRC with an annual declaration that they have conformed with the independence criteria set out in—
(a)in the case of specified providers, Article 35(2) of the Commission Implementing Regulation, and
(b)in the case of authentication elements providers, Article 8(1) of the [F1relevant Security Features Decision] .
(2) The annual declaration referred to in paragraph (1) must include—
(a)a full list of services provided to the tobacco industry during the last calendar year,
(b)a statement of the amount of annual worldwide turnover and the amount of that turnover generated from goods and services supplied to the tobacco industry, referred to in, and determined in accordance with, Article 35(2)(a) of the Commission Implementing Regulation or Article 8(1)(a) of the [F2relevant Security Features Decision] , as the case may be, and
(c)individual declarations of financial independence from the tobacco industry provided by all management members of the specified provider or authentication elements provider.
(3) For the purposes of this regulation, a “specified provider” is—
(a)the UK ID issuer,
(b)[F3the provider of the data repository] , or
(c)a provider of an anti-tampering device.
(4) Where—
(a)a specified provider subcontracts the provision of unique identifiers, [F4primary repositories] or anti-tampering devices, or
(b)an authentication elements provider subcontracts the provision of authentication elements,
the subcontractor must also provide a declaration in accordance with paragraph (1).
(5) The declaration referred to in paragraph (1) must be made in a prescribed manner.
(6) In this regulation, “management member” means any person responsible for the management of the undertaking or the group of undertakings, including any member of the board of directors or of any form of governing body.
Textual Amendments
F1Words in reg. 16(1)(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. 3 para. 14(a) (with regs. 8, 9, 10(2)-(5), 11, 12)
F2Words in reg. 16(2)(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. 3 para. 14(a) (with regs. 8, 9, 10(2)-(5), 11, 12)
F3Words in reg. 16(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. 3 para. 14(b) (with regs. 8, 9, 10(2)-(5), 11, 12)
F4Words in reg. 16(4)(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. 3 para. 14(c) (with regs. 8, 9, 10(2)-(5), 11, 12)
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