The Tobacco Products (Traceability and Security Features) Regulations 2019
Implements Articles 15 and 16 of the Tobacco Products Directive (2014/40/EU) to provide for a track and trace system for the supply chain of tobacco products and a system of security features to authenticate tobacco products; later updated when UK left the EU in 2020. See Explanatory Memorandum for more information and background.
- Made 18 March 2019, UK wide; came into force 20 May 2019.
- Requires each pack of tobacco to carry a unique code to track it from producer to retailer.
- Requires each pack of tobacco to incorporate security features to check authenticity.
- See EU 2018/573, 2018/574, and 2018/575 for more detail on the above.
- Sets out sanctions for non-compliance.
The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020
Ensures continued functionality of tobacco products traceability scheme and security feature post-Brexit and provides for their continued application in Northern Ireland in line with the NI Protocol, aiming to simplify 2019 regulations and to introduce minimum needed changes following UK’s EU exit. See Explanatory Memorandum for more information and background.
- Made 9 December 2020, UK wide.
- Ensures UK will continue to operate a tobacco traceability scheme after Brexit, initially for cigarettes and hand-rolling tobacco and after 20 May 2024 for other tobacco products.
- Requires a national data repository for tobacco products to be set up with info on cigarettes and hand-rolling tobacco products manufactured and imported into UK to be submitted to it.
- Removes need for manufacturers and importers in UK to submit data to a primary data repository – that is, one with just data on a given manufacturer or importer.
- Requires the unique identifier for cigarettes and hand-rolling tobacco to be associated with another unique identifier issued by a person outside the UK to ensure synchronicity.
- Requires Northern Ireland, following NI protocol, to continue to operate under EU provisions but also under new UK provisions; modifies Tobacco Products (Traceability and Security Features) Regulations 2019 accordingly.
Policy Paper: Tobacco Track and Trace following the UK transition period
Policy paper giving detail on changes made by Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 to tracking, tracing, and security features of tobacco products in the UK following the UK’s EU exit in 2020.