Articles 15 and 16 of Directive 2014/40/EU on the approximation of the laws, regulations and administrative provisions of the Member States of the European Union relating to the manufacture, presentation and sale of tobacco products and related products and repealing Directive 2001/37/EC, concern the establishment of a pan-European traceability system and the security features of tobacco products, to address the issue of illegal trade.
Directive 2014/40/EU has been transposed into the national law of the Republic of Cyprus with Health Protection (Tobacco Control) Law 24(I)/2017. In accordance with Regulations 17(12) and 18(4) of the 2017 Health Protection (Tobacco Control) Regulations, P.I. 84/2017, the Director of the Department of Customs and Excise of the Republic of Cyprus is the competent authority for the implementation of these provisions.
In order to determine the technical details required for the full functioning of the traceability system and the security features of tobacco products, the European Commission has adopted Delegated Regulation (EU) 2018/573, Implementing Regulation (EU) 2018/574 and Implementing Decision (EU) 2018/576, published in the Official Journal of the European Union on 16/4/2018.
In the framework of the traceability system:
In this way, it will be possible to track and trace the movement of legitimate tobacco products so that authorities can identify when a product is diverted to the illegal market.
Under the security feature system, all packages of tobacco products units placed on the EU market will be required to carry a security feature consisting of visible and invisible data, allowing the competent authorities to verify their authenticity.
Traceability and security features will be implemented by:
- All tobacco product packages should have a unique identifier
- The relevant economic operators (manufacturers, importers, wholesalers, distributors) involved in the tobacco trade should record in the system the movements of these packages throughout the supply chain
- The competent authorities of the EU Member States and the European Commission will have access to the data for law enforcement purposes.
- 20 May 2019 on cigarettes and roll your own tobacco
- 20 May 2024 for all other tobacco products.
Secondary data storage provider
Commission Implementing Regulation (EU) 2018/574 requires the Commission to appoint, from amongst the approved providers of primary repositories, a provider tasked with operating the secondary repository. The appointment of the operator of the secondary repository shall be based on an assessment of objective criteria and take place no later than eight months following the entry into force of Delegated Regulation (EU) 2018/573.
On 21 December 2018, the Commission appointed 'Dentsu Aegis Network Switzerland AG' as provider to operate the secondary repository.
The provider operating the secondary repository established a list of specifications required for the data exchange with the secondary repository and the router, and a common data dictionary which shall be based on the information listed in Annex II to Implementing Regulation (EU) 2018/574.
Declaration of legal and financial independence for providers of anti-tampering devices according to articles 7(2) and 35 of Commission Implementing Regulation (EU) 2018/574
· List of specifications necessary for economic operators to exchange data with the router
· Common data dictionary