EU proposes technical standards for the establishment and operation of a traceability system for tobacco products

European Commission lays down technical standards for the establishment, operation and interoperability of an EU-wide traceability system for tobacco products.

Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC provides, in its Article 15, for the establishment of a traceability system for tobacco products according to which all unit packets of tobacco products produced in, destined for or placed on the EU market are to be marked with a unique identifier and their movements tracked and traced throughout the supply chain (from the manufacturer until the last level before the retail outlet).

The provisions of Article 15 shall apply to cigarettes and roll-your-own tobacco products from 20 May 2019 and to all other tobacco products from 20 May 2024.

Article 15(11) of Directive 2014/40/EU requires the Commission to determine, by means of implementing acts, technical standards for the establishment, operation and interoperability of the traceability system. The Commission is seeking to fulfil this obligation via the current draft Implementing Regulation.

The Regulation should be read in conjunction with draft Commission Delegated Regulation on key elements of data storage contracts to be concluded as part of a traceability system for tobacco products, as well as draft Commission Implementing Decision on technical standards for security features applied to tobacco products. These have been notified to the WTO at the same time as the current draft.

Products covered: Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes, Other manufactured tobacco and manufactured tobacco substitutes; "homogenised" or "reconstituted" tobacco; tobacco extracts and essences.

HS Code : 2402, 2403

Proposed date of adoption: December 2017

Proposed date of entry into force: 20 days from publication in the Official Journal of the EU (The provisions shall apply from 20 May 2019 to cigarettes and roll-your-own tobacco products and from 20 May 2024 for all other tobacco products)

Final date for comments: 60 days from notification

If the Proposal/Notification/Regulation will affect your International Business please send us your representation with facts and figures , so that these can be taken up suitably.