The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020

• Citation: S.I. 2020/1496
• Sections: 83

Section 1 Citation, commencement and effect

(1) These Regulations may be cited as the Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020.

(2) These Regulations come into force on IP completion day and have effect in accordance with regulations 3(3), 4(1), 7(3), 8, 9, 10(3) to (5) and 11.

Section 2 Interpretation

In these Regulations—

“2019 Regulations” means the Tobacco Products (Traceability and Security Features) Regulations 2019 ;

“applied Commission Implementing Regulation” has the meaning given in regulation 3(2);

“EU Commission Implementing Regulation” means the 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 ;

“member State” does not include the United Kingdom;

“supplied in any part of the United Kingdom” has the meaning given in regulation 3 of the 2019 Regulations as amended by paragraph 5 of Schedule 3;

“supplied in Great Britain” is to be construed in accordance with the meaning of “supplied in any part of the United Kingdom”;

“supplied in a member State” has the meaning given in regulation 5;

“cigarette”, “hand-rolling tobacco” and “tobacco product” have the meanings given to them in regulation 2 of the 2019 Regulations.

Section 3 Application and amendment of retained EU legislation relating to the traceability system

(1) 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 applies in the United Kingdom and is amended in accordance with Schedule 1.

(2) That Regulation as amended by Schedule 1 (“the applied Commission Implementing Regulation”) applies for the purposes of establishing and operating a traceability system for tobacco products in the United Kingdom.

(3) Subject to regulation 4, the applied Commission Implementing Regulation has effect—

(a) in relation to cigarettes and hand-rolling tobacco—

(i) manufactured in the United Kingdom on or after IP completion day, or

(ii) imported into the United Kingdom on or after that day for supply in any part of the United Kingdom, and

(b) in relation to tobacco products (other than cigarettes and hand-rolling tobacco)—

(i) manufactured in the United Kingdom on or after 20th May 2024, or

(ii) imported into the United Kingdom on or after that date for supply in any part of the United Kingdom.

Section 4 Transitional provision: products manufactured and marked before IP completion day

(1) Chapter 6 of the applied Commission Implementing Regulation has effect in relation to cigarettes and hand-rolling tobacco—

(a) manufactured in the United Kingdom before IP completion day, or

(b)

(i) manufactured outside the United Kingdom before IP completion day, and

(ii) imported into the United Kingdom on or after that day for supply in any part of the United Kingdom or supply in a member State,

where a unit packet of those products is marked with a unique identifier issued by the UK ID Issuer before that day.

(2) For the purposes of paragraph (1), where an obligation in Chapter 6 of the applied Commission Implementing Regulation cannot be complied with unless a requirement listed in paragraph (3) is first met, the requirement is treated as being met where the same requirement was met before IP completion day in relation to those products for the purposes of the EU Commission Implementing Regulation.

(3) The provisions are—

(a) Article 6 (marking by means of unit level UIs),

(b) Article 8(3) (time stamp of manufacture),

(c) Article 9 (request and issuing of unit level UIs),

(d) Article 10 (marking by means of aggregated level UIs),

(e) Article 11(3) (time stamp of aggregation),

(f) Article 13 (request and issuing of aggregated level UIs generated by ID issuers),

(g) Article 21 (data carriers for unique identifiers).

(4) In this regulation, “unique identifier”, “unit packet” and “the UK ID Issuer” have the meanings given to them in regulation 2 of the 2019 Regulations, as that regulation had effect immediately before IP completion day.

Section 5 Transitional provision: meaning of tobacco products supplied in a member State

(1) For the purposes of regulation 4, tobacco products are supplied in a member State if, in the course of a business, a person—

(a) supplies the product—

(i) for consumption in a member State or through the travel retail sector of a member State,

(ii) with a view to it being supplied for consumption in a member State or through the travel retail sector of a member State,

(b) offers or agrees to supply it in those circumstances, or

(c) exposes or possesses it for supply in those circumstances,

and “supply in a member State” is to be construed accordingly.

(2) In the case of a cross-border distance sale of a product to a consumer located in a member State, the product is to be treated for the purposes of these Regulations as supplied in a member State.

(3) In this regulation—

“cross-border distance sale” means a distance sale to a consumer (“C”) where, at the time C orders a product from a retailer, C is located in a member State, and the retailer is established in a different member State or in a country other than a member State, and, for these purposes, a retailer is deemed to be established in a member State—

in the case of a retailer who is a natural person, if that person’s place of business is in that member State, and

in any other case, if the retailer has its statutory seat, central administration or place of business, including a branch, agency or any other establishment, in that member State;

“travel retail sector of a member State” means retail outlets in a member State at which tobacco products may be purchased only by people travelling on journeys to destinations outside of that member State.

Section 6 Saving of identifier codes and registry of codes

(1) A requirement set out in any of the provisions of the applied Commission Implementing Regulation listed in paragraph (2) in relation to an identifier code for—

(a) an economic operator,

(b) a facility, or

(c) a machine,

is treated as met in cases where, for the purposes of the same provisions of the EU Commission Implementing Regulation the requirement was met before IP completion day in relation to that economic operator, facility or machine, as the case may be.

(2) The provisions are—

(a) Article 14(1) (request for an economic operator identifier code),

(b) Article 15(3) (registration of economic operator identifier codes),

(c) Article 16(1) (request for a facility identifier code),

(d) Article 17(3) (registration of facility identifier codes),

(e) Article 18(1) (request for a machine identifier code),

(f) Article 19(3) (registration of machine identifier codes).

(3) In this regulation, “economic operator”, “facility” and “machine” have the meanings given to them in Article 2 of the applied Commission Implementing Regulation.

Section 7 Amendment of retained EU legislation relating to security features

(1) Commission Implementing Decision (EU) 2018/576 of 15 December 2017 on technical standards for security features applied to tobacco products is amended in accordance with Schedule 2.

(2) That Decision as amended by Schedule 2 (“the GB Security Features Decision”) applies for the purpose of setting technical standards for applying security features to tobacco products supplied in Great Britain.

(3) The GB Security Features Decision has effect in relation to—

(a) cigarettes and hand-rolling tobacco supplied in Great Britain on or after IP completion day, and

(b) tobacco products (other than cigarettes and hand-rolling tobacco) supplied in Great Britain on or after 20th May 2024.

Section 8 Saving of the Tobacco Products (Traceability and Security Features) Regulations 2019: the Protocol on Ireland/Northern Ireland

Subject to regulation 9, the 2019 Regulations as they had effect immediately before IP completion day—

(a) continue to have effect in relation to Northern Ireland for the purposes of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement, and

(b) apply for those purposes as if—

(i) references to “the United Kingdom” were to “Northern Ireland”,

(ii) references to “another member State” were to “a member State”,

(iii) references to “the territory of the European Union” were to “Northern Ireland or the territory of the European Union”,

(iv) the definitions of “cross-border distance sale” and “travel retail sector” were treated as omitted,

(v) regulations 3 (meaning of tobacco product supplied in the United Kingdom) and 4 (meaning of tobacco product supplied in another member State) were treated as substituted for—

Meaning of tobacco products supplied in Northern Ireland

(3)

(1) For the purposes of these Regulations, tobacco products are supplied in Northern Ireland if, in the course of a business, a person—

(a) supplies the product—

(i) for consumption in Northern Ireland or through the travel retail sector, or

(ii) with a view to it being supplied for consumption in Northern Ireland or through the travel retail sector,

(b) offers or agrees to supply it in those circumstances, or

(c) exposes or possesses it for supply in those circumstances,

and “supply in Northern Ireland” is to be construed accordingly.

(2) In the case of a cross-border distance sale of a product to a consumer located in Northern Ireland, the product is to be treated for the purposes of these Regulations as supplied in Northern Ireland.

(3) In this regulation—

“cross-border distance sale” means a distance sale to a consumer (“C”) where, at the time C orders a product from a retailer, C is located in Northern Ireland and the retailer is established in a member State or another country outside of Northern Ireland, and, for these purposes, a retailer is deemed to be established in a member State—

in the case of a retailer who is a natural person, if that person’s place of business is in that member State, and

in any other case, if the retailer has its statutory seat, central administration or place of business, including a branch, agency or any other establishment, in that member State;

“travel retail sector” means retail outlets in Northern Ireland at which tobacco products may be purchased only by people travelling on journeys to destinations outside Northern Ireland.

Meaning of tobacco products supplied in a member State

(4)

(1) For the purposes of these Regulations, tobacco products are supplied in a member State if, in the course of a business, a person—

(a) supplies the product—

(i) for consumption in a member State or through the travel retail sector of a member State,

(ii) with a view to it being supplied for consumption in a member State or through the travel retail sector of a member State,

(b) offers or agrees to supply it in those circumstances, or

(c) exposes or possesses it for supply in those circumstances,

and “supply in a member State” is to be construed accordingly.

(2) In the case of a cross-border distance sale of a product to a consumer located in a member State, the product is to be treated for the purposes of these Regulations as supplied in a member State.

(3) In this regulation—

“cross-border distance sale” means a distance sale to a consumer (“C”) where, at the time C orders a product from a retailer, C is located in a member State, and the retailer is established in Northern Ireland, in a different member State or in a country other than a member State, and, for these purposes, a retailer is deemed to be established in a member State—

in the case of a retailer who is a natural person, if that person’s place of business is in that member State, and

in any other case, if the retailer has its statutory seat, central administration or place of business, including a branch, agency or any other establishment, in that member State;

“travel retail sector of a member State” means retail outlets in a member State at which tobacco products may be purchased only by people travelling on journeys to destinations outside of that member State.

(vi) regulation 6(4) (security feature requirement) were treated as omitted.

Section 9 Exception to regulation 8

Regulation 8 does not apply in relation to the following Parts of the 2019 Regulations—

(a) Part 4 (security feature system), and

(b) Part 5 (independence of service providers) but only to the extent that that Part makes provision relating to authentication elements providers.

Section 10 Amendments to the Tobacco Products (Traceability and Security Features) Regulations 2019

(1) The 2019 Regulations are amended in accordance with Schedule 3.

(2) The 2019 Regulations as amended by Schedule 3 apply for the purposes of—

(a) establishing and operating a traceability system for tobacco products in the United Kingdom, and

(b) applying security features to tobacco products supplied in any part of the United Kingdom.

(3) Subject to regulation 11, the amendments made by paragraph 7 of Schedule 3 have effect in relation to cigarettes and hand-rolling tobacco supplied in any part of the United Kingdom on or after IP completion day.

(4) The amendment made by paragraph 8 of Schedule 3 has effect in relation to cigarettes and hand-rolling tobacco—

(a) manufactured in the United Kingdom on or after IP completion day, or

(b) imported into the United Kingdom on or after that day for supply in any part of the United Kingdom.

(5) The amendments made by paragraph 11 of Schedule 3 have effect in relation to cigarettes and hand-rolling tobacco—

(a) manufactured in the United Kingdom on or after IP completion day, or

(b) imported into the United Kingdom on or after that day,

for supply in any part of the United Kingdom.

Section 11 Transitional provision: products marked before IP completion day

In cases where regulation 4 applies, unit packets of cigarettes and hand-rolling tobacco that were marked in compliance with the EU Commission Implementing Regulation before IP completion day and are supplied in any part of the United Kingdom on or after that day, will be treated, for the purposes of regulation 6(2)(a) of the 2019 Regulations, as meeting the marking requirements of the applied Commission Implementing Regulation referred to in that regulation.

Section 12 Saving of authentication elements notice

(1) Any notice given before IP completion day by HMRC to manufacturers and importers in accordance with Article 3(3) of the EU Commission Implementing Decision that has not been replaced or revoked before IP completion day, is treated as notice given under regulation 13(2) of the 2019 Regulations.

(2) In this regulation—

“EU Commission Implementing Decision” means the Commission Implementing Decision (EU) 2018/576 of 15 December 2017 on technical standards for security features applied to tobacco products ;

“HMRC” has the meaning given in regulation 2 of the 2019 Regulations.

Section 13

(1) The Standardised Packaging of Tobacco Products Regulations 2015 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) for the definition of “Commission Implementing Regulation” substitute—

“Commission Implementing Regulation” means—

the 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 as it applies in the United Kingdom, and

in relation to NI tobacco product, the 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 as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

(b) in the appropriate place insert—

“NI tobacco product” has the meaning given in regulation 2 of the Tobacco and Related Products Regulations 2016 ;

Section 1 Amendment of Commission Implementing Regulation (EU) 2018/574

The 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 that applies to the United Kingdom, by virtue of regulation 3(1), is amended as follows.

Section 2 Chapter 1 (subject matter and definitions)

In Article 1 (subject matter), for “the traceability system provided for in Article 15 of Directive 2014/40/EU ” substitute “a traceability system for tobacco products”.

Section 3 Chapter 1 (subject matter and definitions)

In Article 2 (definitions)—

(a) in the first paragraph for “Article 2 of Directive 2014/40/EU ” substitute “regulation 2 of the Tobacco Products (Traceability and Security Features) Regulations 2019”,

(b) before paragraph 1 insert—

(A1) ‘the Commissioners’ means the Commissioners for Her Majesty’s Revenue and Customs;

(c) after paragraph 1 insert—

(1A) ‘associated unit level code’ means a unique identifier relating to a unit pack of tobacco products that has been issued by a person outside the United Kingdom;

(d) in paragraph 4, for “Union to a third country” substitute “United Kingdom to another country”,

(e) in paragraph 7, after “of each unit level unique identifier” insert “, or each associated unit level code that has been paired with a unique identifier,”,

(f) in paragraph 8 for “repositories system” substitute “data repository”,

(g) in paragraphs 8 and 9, for “each” substitute “the”,

(h) for paragraphs 13 and 14 substitute—

(13) ‘data repository’ means a repository containing traceability data relating to tobacco products;

(i) for paragraph 15 substitute—–

(15) ‘router’ means a device established within the data repository that transfers data to the repository;

(j) omit paragraph 16,

(k) in paragraph 17, for “databases common for all primary and secondary repositories” substitute “data stored in the data repository”,

(l) for paragraph 18 substitute—

(18) ‘working day’ means any day other than—

(a) a Saturday or a Sunday;

(b) Christmas Day or Good Friday; or

(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom;

Section 4 Chapter 2 (technical specifications related to the Unique Identifier)

In Article 3 (ID issuer)—

(a) for paragraph 1 substitute—

(1) The entity appointed by the Commissioners (the ‘ID Issuer’) is responsible for generating and issuing unique identifiers, in accordance with Articles 8, 9, 11 and 13.

(b) in paragraph 2—

(i) for “Member States shall ensure that an” substitute “An”,

(ii) for “them” substitute “the Commissioners”,

(c) in paragraph 4 for “Each” substitute “The”,

(d) omit paragraphs 5 to 7,

(e) for paragraph 8 substitute—

(8) The ID Issuer must at all times have in place an exit plan—

(a) that establishes the procedure to be followed to guarantee the continuity of the operation of the service, in the event that a successor entity is to be appointed to carry out the service, until the new ID issuer is appointed, and

(b) that has been approved by the Commissioners.

Section 5 Chapter 2 (technical specifications related to the Unique Identifier)

Omit Article 4 (competent ID issuers for generating and issuing unique identifiers).

Section 6 Chapter 2 (technical specifications related to the Unique Identifier)

In Article 5 (validity of unique identifiers and deactivation)—

(a) in paragraph 1—

(i) for “ID issuers” substitute “the ID Issuer”,

(ii) for “or aggregated” in both places it occurs substitute “, or to be paired with associated unit level codes to be used to mark unit packets, or mark aggregated”,

(b) in paragraph 2, for “repositories system” substitute “data repository”,

(c) in paragraph 3—

(i) omit from “manufacturers and importers may” to “. Other”,

(ii) after “deactivation request” in the second place it occurs insert “to the data repository”.

Section 7 Chapter 2 (technical specifications related to the Unique Identifier)

In Article 6 (marking by means of unit level UIs)—

(a) for paragraph 1 substitute—

(1) Manufacturers and importers must mark each unit packet manufactured or imported into the United Kingdom with:

(a) a unique identifier (‘unit level UI’) compliant with Article 8, or

(b) an associated unit level code that relates to the same unit packet that has been paired with a unit level UI compliant with Article 8.

(b) in paragraph 2—

(i) for “outside the Union” substitute “outside the United Kingdom”,

(ii) after “unit level UI,” insert “or the associated unit level code that is paired with a unit level UI”,

(iii) for “in the Union” substitute “into the United Kingdom”.

Section 8 Chapter 2 (technical specifications related to the Unique Identifier)

In Article 7 (verification of unit level UIs)—

(a) in paragraph 1—

(i) for “is directly” substitute “, or of associated unit level codes that are paired with unit level UIs, are directly”,

(ii) after “those unit level UIs” insert “, or those associated unit level codes that are paired with unit level UIs,”,

(b) in paragraph 2, for “the relevant Member States and the Commission” substitute “HMRC”,

(c) in paragraph 3—

(i) after “readability of the unit level UI” insert “, or of the associated unit level code that is paired with a unit level UI”,

(ii) after “re-apply the unit level UI” insert “or the associated unit level code that is paired with a unit level UI”,

(d) in paragraph 5, for “Member States” substitute “HMRC”,

(e) in paragraph 6, omit point (a).

Section 9 Chapter 2 (technical specifications related to the Unique Identifier)

In Article 8 (structure of unit level UIs)—

(a) in paragraph 1—

(i) for “unit packet of tobacco products shall be marked with a unit level UI. It” substitute “unit level UI”,

(ii) in point (c)(vii), for “the Union” substitute “the United Kingdom”,

(b) in paragraph 2, for “ID issuers” substitute “The ID issuer”,

(c) in paragraph 4, in the second subparagraph omit from “Where ID issuers” to “and compression.”.

Section 10 Chapter 2 (technical specifications related to the Unique Identifier)

In Article 9 (request and issuing of unit level UIs)—

(a) in paragraph 1, omit “competent”,

(b) in paragraphs 3(b) and 4(b), for “primary repository of the requesting manufacturer or importer” substitute “data repository”,

(c) in paragraph 4—

(i) for “a Member State” insert “HMRC”,

(ii) for “ID issuers” substitute “the ID issuer”.

Section 11 Chapter 2 (technical specifications related to the Unique Identifier)

After Article 9 insert—

Request to pair associated unit level codes and unit level UIs

(1) Manufacturers and importers may send a request to the ID issuer to pair associated unit level codes, referred to in Article 6(1)(b), with unit level UIs. Requests must be sent electronically, in accordance with Article 36.

(2) A request under paragraph 1 must contain the information specified in point 3.A1 of Section 3 of Chapter 2 of Annex 2.

Section 12 Chapter 2 (technical specifications related to the Unique Identifier)

In Article 10 (marking by means of aggregated level UIs)—

(a) in paragraph 1, for “Article 15(5) of Directive 2014/40/EU ” substitute “Article 32(1)(c), (d) and (e) of this Regulation”,

(b) in paragraphs 2 and 3, omit “competent”.

Section 13 Chapter 2 (technical specifications related to the Unique Identifier)

In the heading to Article 11 (structure of aggregated level UIs generated by ID Issuers) for “ID issuers” substitute “the ID Issuer”.

Section 14 Chapter 2 (technical specifications related to the Unique Identifier)

In Article 11—

(a) in paragraph 1, omit “competent”,

(b) in paragraph 2, for “ID issuers” substitute “The ID issuer”.

Section 15 Chapter 2 (technical specifications related to the Unique Identifier)

In Article 12 (link between UI levels)—

(a) in paragraph 1, for “repositories system” substitute “data repository”,

(b) omit paragraph 2,

(c) in paragraph 3—

(i) omit “other than manufacturers and importers”,

(ii) for “secondary” substitute “data”.

Section 16 Chapter 2 (technical specifications related to the Unique Identifier)

In the heading to Article 13 (request and issuing of aggregated UIs generated by ID issuers) for “ID issuers” substitute “the ID Issuer”.

Section 17 Chapter 2 (technical specifications related to the Unique Identifier)

In Article 13—

(a) in paragraph 1, omit “competent”,

(b) in paragraph 3(b) for “primary repository of the requesting manufacturer or importer, as established under Article 26” substitute “data repository”,

(c) in paragraph 4(b) for “secondary repository established under Article 27” substitute “data repository”,

(d) in paragraph 6, for “competent ID issuers” substitute “the ID issuer”.

Section 18 Chapter 3 (identifier codes for economic operators, facilities and machines)

In Article 14 (request for an economic operator code)—

(a) in paragraph 1, omit from “competent for” to the end,

(b) in paragraph 3, for “registered economic operator” substitute “economic operator registered with the ID Issuer”,

(c) omit paragraph (4).

Section 19 Chapter 3 (identifier codes for economic operators, facilities and machines)

In Article 15 (issuing and registration of economic operator identifier codes)—

(a) in paragraph 3 omit “competent”,

(b) in paragraph 4—

(i) for “Member States” substitute “the Commissioners”,

(ii) for “their national laws” substitute “Part 6 of the Tobacco Products (Traceability and Security Features) Regulations 2019”,

(iii) for “the Member State” substitute “the Commissioners”.

Section 20 Chapter 3 (identifier codes for economic operators, facilities and machines)

In Article 16 (request for a facility identifier code)—

(a) in paragraph 1, omit from “competent for” to the end,

(b) in paragraph 3, for “registered economic operator” substitute “economic operator registered with the ID Issuer”,

(c) in paragraph 4—

(i) in the first place it occurs for “the Union” substitute “the United Kingdom”,

(ii) omit from “established inside the Union” to “their products”,

(iii) omit “third country” in both places it occurs.

Section 21 Chapter 3 (identifier codes for economic operators, facilities and machines)

In Article 17 (issuing and registration of a facility identifier code)—

(a) in paragraph 3, omit “competent”,

(b) in paragraph 4, for “Member States” and for “the Member State” substitute “the Commissioners”.

Section 22 Chapter 3 (identifier codes for economic operators, facilities and machines)

In Article 18 (request for a machine identifier code)—

(a) in paragraph 1, omit from “competent for” to the end,

(b) in paragraph 3—

(i) in the first place it occurs for “Union” substitute “United Kingdom”,

(ii) omit from “established inside the Union” to “their products”,

(iii) omit “third country” in both places it occurs.

Section 23 Chapter 3 (identifier codes for economic operators, facilities and machines)

In Article 19 (issuing and registration of a machine identifier code)—

(a) in paragraph 3 omit “relevant”,

(b) in paragraph 4, for “Member States” and for “the Member State” substitute “the “Commissioners”.

Section 24 Chapter 3 (identifier codes for economic operators, facilities and machines)

In Article 20 (transfer of offline flat-files and registries)—

(a) in paragraph 1 for “ID issuers” substitute “The ID issuer”,

(b) in paragraph 2 omit “per ID issuer”,

(c) in paragraph 3—

(i) for “ID issuers” substitute “The ID issuer”,

(ii) for “secondary” substitute “data”,

(d) in paragraph 4—

(i) for “Member States” substitute “The Commissioners”,

(ii) omit “and the total number of ID issuers”.

Section 25 Chapter 4 (data carriers)

In Article 21 (data carriers for UIs)—

(a) in paragraph 1 after “Unit level UIs” insert “, or associated unit level codes that are paired with unit level UIs,”,

(b) in paragraph 2 after “encoding unit level UIs” insert “, or associated unit level codes that are paired with unit level UIs,”,

(c) in paragraph 3 for “ID issuers are” substitute “the ID issuer is”.

Section 26 Chapter 4 (data carriers)

In Article 23(1) (human-readable code) for “repositories system” substitute “data repository”.

Section 27 Chapter 5 (repositories system)

In the heading to Chapter 5, for “REPOSITORIES SYSTEM” substitute “DATA REPOSITORY”.

Section 28 Chapter 5 (repositories system)

In the heading to Article 24 (components of the repositories system), for “repositories system” substitute “data repository”.

Section 29 Chapter 5 (repositories system)

In Article 24—

(a) in paragraph 1—

(i) in the opening words, for “repositories system” substitute “data repository”,

(ii) in point (a)—

(aa) for “repositories which are” substitute “a repository which is”,

(bb) omit “(‘primary repositories’)”,

(iii) omit point (b),

(iv) in point (c) for “secondary repository system” substitute “data repository”,

(b) in paragraph 2 omit from “, irrespective of” to the end.

Section 30 Chapter 5 (repositories system)

In the heading to Article 25 (general characteristics of the repositories system), for “repositories system” substitute “data repository”.

Section 31 Chapter 5 (repositories system)

In Article 25—

(a) in paragraph 1—

(i) in the opening words for “repositories system” substitute “data repository”,

(ii) omit point (a),

(iii) in point (d)—

(aa) for “repositories system” substitute “data repository”,

(bb) for “ID issuers” substitute “the ID issuer”,

(iv) in points (e), (g) and (h), for “repositories system” substitute “data repository”,

(v) in point (f), for “Member States and the Commission” substitute “HMRC”,

(vi) in point (j) for “repositories” substitute “data repository”,

(vii) for point (k) substitute—

(k) it must be accessible by HMRC. Administrators designated by the Commissioners must be granted access rights enabling them to create, manage, and withdraw user access rights for the data repository. Administrators designated by the Commissioners must be able to grant subsequent access rights to other users under their responsibility;

(viii) in point (l)—

(aa) for “Member States and the Commission” substitute “HMRC”,

(bb) for “a repository” substitute “the data repository”,

(b) in paragraph 2—

(i) for “repositories system” substitute “data repository”,

(ii) omit “ Directive 2014/40/EU and”.

Section 32 Chapter 5 (repositories system)

For the heading to Article 26 (primary repository) substitute “The data repository: establishment”.

Section 33 Chapter 5 (repositories system)

In Article 26—

(a) in paragraph 1—

(i) for “Each manufacturer and importer” substitute “The service provider appointed by the Commissioners”,

(ii) for “primary repository” substitute “data repository”,

(iii) omit from “To that end” to the end,

(b) in paragraph 2—

(i) for “Each primary repository” substitute “The data repository”,

(ii) for “the manufacturer or importer who contracted the repository” substitute “manufacturers and importers”,

(c) omit paragraphs 3 and 4,

(d) in paragraph 5—

(i) for “Primary repositories” substitute “The data repository”,

(ii) for “provided by the secondary repository” substitute “established under Article 28(2)”,

(e) in paragraph 6—

(i) for “Member States, the Commission, and external auditors approved by the Commission” substitute “HMRC”,

(ii) for “a primary” substitute “the data”.

Section 34 Chapter 5 (repositories system)

For the heading to Article 27 (secondary repository) substitute “The data repository: technical requirements”.

Section 35 Chapter 5 (repositories system)

In Article 27—

(a) omit paragraph 1,

(b) in paragraph 2—

(i) for “secondary” substitute “data”,

(ii) for “Member States and the Commission” substitute “HMRC”,

(iii) for “repositories system” substitute “data repository”,

(iv) in point (c) for “system” substitute “data repository”,

(c) in paragraph 3 for “each Member State and the Commission” substitute “HMRC”,

(d) in paragraph 4—

(i) for “Member States and the Commission” substitute “HMRC”,

(ii) for “national authorities and the Commission” substitute “HMRC”,

(e) in paragraph 5—

(i) for “Member States and the Commission” substitute “HMRC”,

(ii) for “repositories system” substitute “data repository”,

(f) in paragraph 6 for “the official languages of the Union” substitute “English”,

(g) in paragraph 8 for “primary and secondary repositories” substitute “data repository”,

(h) in paragraph 9 for “Member States” substitute “HMRC”,

(i) in paragraph 10 for “secondary” substitute “data”,

(j) in paragraph 11—

(i) for “Member States and the Commission shall” substitute “The Commissioners”,

(ii) for “secondary”, in both places it occurs, substitute “data”,

(k) omit paragraph 12.

Section 36 Chapter 5 (repositories system)

In the heading to Article 28 (coordination tasks of the provider of the secondary repository) for “secondary” substitute “data”.

Section 37 Chapter 5 (repositories system)

In Article 28—

(a) in paragraph 1—

(i) for “secondary”, in each place it occurs, substitute “data”,

(ii) for “providers operating primary repositories, ID issuers” substitute “the ID issuer”,

(b) in paragraph 2—

(i) for “secondary”, in the first place it occurs, substitute “data”,

(ii) omit from “The common data dictionary shall be communicated” to the end,

(c) in paragraph 3 —

(i) for “repositories system” substitute “data repository”,

(ii) for “secondary”, in the first place it occurs, substitute “data”,

(iii) omit from “and the common data dictionary” to the end.