Integrity requirements of a unique identifier
(1) Where a manufacturer or importer of tobacco products is required to mark each unit packet with a unique identifier under Article 6 of the Commission Implementing Regulation, the manufacturer or importer must ensure that, in addition to meeting the requirements in Section 2 of Chapter II and Chapter IV of that Regulation, the requirements in paragraph (2) are also met.
(2) The unique identifier—
(a) must be—
(i) irremovably printed or affixed, and
(ii) indelible,
(b) must remain intact when the packet is opened, and
(c) must not be partially or totally hidden or interrupted by any other item, including through tax stamps or price marks.
Provision of equipment for recording and transmitting information
Manufacturers of tobacco products must provide all economic operators with the equipment necessary for those operators to comply with the recording and electronic transmission of information requirements in Articles 32 and 33 of the Commission Implementing Regulation.
Primary repository requirements
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Access to anti-tampering device records
Where HMRC have made a request in writing under Article 7(5) of the Commission Implementing Regulation to a manufacturer or importer of tobacco products for full access to the record of the verification process created by an anti-tampering device, the manufacturer or importer must provide HMRC with such access within a period of 30 days beginning on the day on which the request is made.
External auditor: annual report on primary repository
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Access to stored data in duly justified cases
(1) The Commissioners for Her Majesty's Revenue and Customs may grant manufacturers and importers of tobacco products access to stored data in cases where they are satisfied that—
(a) access is duly justified, and
(b) commercially sensitive information remains adequately protected.
(2) An application for access must be made to HMRC in a prescribed manner.
(3) The Commissioners for Her Majesty's Revenue and Customs must, as soon as reasonably practicable after receiving the application, give notice to the applicant—
(a) granting access, or
(b) rejecting the application.
(4) Where access is granted, the notice under paragraph (3)(a) must specify the rights of access granted to the applicant, including the duration and purpose of those rights.
(5) In this regulation, “ stored data ” means information stored in the data repository .
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).
