Systems for tobacco traceability and security features

SUMMARY OF:

Implementing Regulation (EU) 2018/574 on technical standards for the establishment and operation of a traceability system for tobacco products

Delegated Regulation (EU) 2018/573 on key elements of data storage contracts to be concluded as part of a traceability system for tobacco products

Implementing Decision (EU) 2018/576 on technical standards for security features applied to tobacco products

WHAT IS THE AIM OF THE REGULATIONS AND THE DECISION?

Implementing Regulation (EU) 2018/574 lays down the technical standards for the establishment and operation of the traceability system provided for in Article 15 of Directive 2014/40/EU.
Delegated Regulation (EU) 2018/573 sets out the key elements to be included in data storage contracts that have to be concluded between manufacturer/importer of tobacco products and providers of primary repository storage, referred to in Article 15(8) of Directive 2014/40/EU.
Implementing Decision (EU) 2018/576 lays down technical standards for the security features applied for unit packets of tobacco products placed on the EU market, as provided for in Article 16 of Directive 2014/40/EU.

They each stem from Directive 2014/40/EU, which sets out the EU’s rules concerning the manufacture, presentation and sale of tobacco and related products — see summary.

KEY POINTS

Implementing Regulation (EU) 2018/574

Directive 2014/40/EU requires unit packets of tobacco products to be marked with a unique identifier (UI) in order for their movements through the supply chain to be recorded.
The implementing regulation sets out the technical specifications related to the UI:
- each EU country must appoint an independent ID issuer responsible for generating and issuing UIs;
- UIs generated by ID issuers must be used to mark unit packets of tobacco products;
- UIs are valid for 6 months from the date of their receipt by the ordering company;
- manufacturers and importers must ensure that the UIs applied are verified in terms of their correct application and readability.
It sets out the components and general characteristics of the system of repositories for storing data concerning the movements of tobacco products and related transactions.
It also sets out rules for the recording and transmission of product movements and transactional information.

Delegated Regulation (EU) 2018/573

To ensure the effective and compliant traceability of tobacco products, data storage contracts concluded between the manufacturers and importers of tobacco products and the providers of primary repositories must include the following key services:
- the establishment and operation of a primary repository (to store the data) in accordance with Implementing Regulation (EU) 2018/574;
- participation in the establishment and operation of the secondary repository (to store a copy of the data) and the system router;
- the provision, upon request, of other ancillary technical services connected with the operation of the primary repository and that enable the system to function properly.
The contract must contain specifications relating to the operability, availability, performance and financial and organisational independence of the services meeting the minimum requirements as set out in the delegated and implementing regulations.

Implementing Decision (EU) 2018/576

Directive 2014/40/EU requires all unit packets of tobacco products placed on the market to carry a tamper-proof security feature, composed of visible and invisible elements, to help check whether tobacco products are authentic.
EU countries must require security features to be composed of no less than 5 types of authentication elements, of which at least:
- one is overt;
- one is semi-covert;
- one is covert.
At least one of the authentication elements must be provided by an independent third party that meets the requirements laid down in the implementing decision.
EU countries must require security features to be applied to unit packets of tobacco products using any of the following methods:
- affixing;
- printing;
- a combination of affixing and printing.
EU countries must be able to analyse all combinations of authorised authentication elements to ensure the product is authentic.

FROM WHEN DO THE REGULATIONS AND THE DECISION APPLY?

Implementing Regulation (EU) 2018/574 has applied since 6 May 2018.
Delegated Regulation (EU) 2018/573 has applied since 6 May 2018.
Implementing Decision (EU) 2018/576 has applied since 18 December 2017.

BACKGROUND

For further information see:

Systems for tobacco traceability and security features (European Commission).

MAIN DOCUMENTS

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 (OJ L 96, 16.4.2018, pp. 7-55)

Successive amendments to Regulation (EU) 2018/574 have been incorporated into the original text. This consolidated version is of documentary value only.

Commission Delegated Regulation (EU) 2018/573 of 15 December 2017 on key elements of data storage contracts to be concluded as part of a traceability system for tobacco products (OJ L 96, 16.4.2018, pp. 1-6)

Commission Implementing Decision (EU) 2018/576 of 15 December 2017 on technical standards for security features applied to tobacco products (OJ L 96, 16.4.2018, pp. 57-63)