The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020

Transitional provision: products manufactured and marked before IP completion day

4.—(1) Chapter 6 of the applied Commission Implementing Regulation has effect in relation to cigarettes and hand-rolling tobacco—

(a) manufactured in the United Kingdom before IP completion day, or

(b) (i) manufactured outside the United Kingdom before IP completion day, and

(ii) imported into the United Kingdom on or after that day for supply in any part of the United Kingdom or supply in a member State,

where a unit packet of those products is marked with a unique identifier issued by the UK ID Issuer before that day.

(2) For the purposes of paragraph (1), where an obligation in Chapter 6 of the applied Commission Implementing Regulation cannot be complied with unless a requirement listed in paragraph (3) is first met, the requirement is treated as being met where the same requirement was met before IP completion day in relation to those products for the purposes of the EU Commission Implementing Regulation.

(3) The provisions are—

(a) Article 6 (marking by means of unit level UIs),

(b) Article 8(3) (time stamp of manufacture),

(c) Article 9 (request and issuing of unit level UIs),

(d) Article 10 (marking by means of aggregated level UIs),

(e) Article 11(3) (time stamp of aggregation),

(f) Article 13 (request and issuing of aggregated level UIs generated by ID issuers),

(g) Article 21 (data carriers for unique identifiers).

(4) In this regulation, “unique identifier”, “unit packet” and “the UK ID Issuer” have the meanings given to them in regulation 2 of the 2019 Regulations, as that regulation had effect immediately before IP completion day.