Authentication elements provider
(1) An authentication elements provider is an independent third party provider of authentication elements who meets the criteria in Article 8(1) of the relevant Security Features Decision .
(2) Where an authentication elements provider subcontracts the provision of authentication elements, the provider must ensure that the subcontractor meets the criteria in Article 8(1) of the relevant Security Features Decision .
(3) An authentication elements provider must without delay notify HMRC and, in cases where the provider is providing authentication elements for NI tobacco product, the Commission about any change in circumstances relating to the criteria referred to in Article 8(1) of the relevant Security Features Decision that—
(a) is capable of affecting the independence of the authentication elements provider or the provider's subcontractors, and
(b) subsists for 2 consecutive calendar years.
(4) An authentication elements provider must without delay notify HMRC and, in cases where the provider is providing authentication elements for NI tobacco product, the Commission about any occurrence of threats, or other attempts at exercising undue influence, that may actually or potentially undermine the independence of the provider or the provider's subcontractors.
(5) A notification under this regulation must be given to—
(a) HMRC in a prescribed manner, and
(b) where relevant, the Commission in accordance with any procedure set out by the Commission.
Declaration of independence from the tobacco industry
(1) Specified providers and authentication elements providers must provide HMRC with an annual declaration that they have conformed with the independence criteria set out in—
(a) in the case of specified providers, Article 35(2) of the Commission Implementing Regulation, and
(b) in the case of authentication elements providers, Article 8(1) of the relevant Security Features Decision .
(2) The annual declaration referred to in paragraph (1) must include—
(a) a full list of services provided to the tobacco industry during the last calendar year,
(b) a statement of the amount of annual worldwide turnover and the amount of that turnover generated from goods and services supplied to the tobacco industry, referred to in, and determined in accordance with, Article 35(2)(a) of the Commission Implementing Regulation or Article 8(1)(a) of the relevant Security Features Decision , as the case may be, and
(c) individual declarations of financial independence from the tobacco industry provided by all management members of the specified provider or authentication elements provider.
(3) For the purposes of this regulation, a “specified provider” is—
(a) the UK ID issuer,
(b) the provider of the data repository , or
(c) a provider of an anti-tampering device.
(4) Where—
(a) a specified provider subcontracts the provision of unique identifiers, primary repositories or anti-tampering devices, or
(b) an authentication elements provider subcontracts the provision of authentication elements,
the subcontractor must also provide a declaration in accordance with paragraph (1).
(5) The declaration referred to in paragraph (1) must be made in a prescribed manner.
(6) In this regulation, “ management member ” means any person responsible for the management of the undertaking or the group of undertakings, including any member of the board of directors or of any form of governing body.
