G/TBT/N/EU/506  
 
12 September  2017 
(17-4797) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member: EUROPEAN UNION   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible: European Commission  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Commission,  
EU-TBT Enquiry Point,  
Fax: +(32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/en/   
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): Tobacco 
Products; HS Headings 2402 (Cigars, cheroots, cigarillos, of tobacco or of tobacco 
substitutes); 2403 (Oth er manufactured tobacco substitutes; 'homogenised' or 
'reconstituted' tobacco; tobacco extracts and essences)  
Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes. (HS 2402), 
Other manufactured tobacco and manufactured tobacco substitutes; "homogenised" or 
"reconstituted" tobacco; tobacco extracts and essences. (HS 2403).  
5. Title, number of pages and language(s) of the notified document: Draft 
Commission Delegated Regulation on key elements of data storage contracts to be 
concluded as part of a traceability system for tobacco products (9 page(s), in English)    
6. Description of content: This draft Commission Delegated Regulation defines key 
elements of the data storage contracts to be concluded by manufacturers and importe rs of 
tobacco products, in the context of the 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 al l 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 reta il 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.  G/TBT/N/EU/506  
 
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  Article 15(8) of Directive 2014/40/EU requires manufacturers and importers of tobacco  
products to conclude data storage contracts with an independent third party, for the 
purposes of hosting the data storage facility for all relevant data recorded pursuant to that 
Article. Article 15(8) further sets out that the suitability of the third pa rty, in particular its 
independence and technical capacities, as well as the data storage contract, shall be 
approved by the Commission.  
Article 15(12) of Directive 2014/40/EU empowers the Commission to adopt delegated acts 
to define the key elements of t he data storage contracts referred to above.  The 
Commission is seeking to fulfil this obligation via the current draft Delegated Regulation.  
The current draft Commission Delegated Regulation should be read in conjunction with 
draft Commission Implementing  Regulation on technical standards for the establishment 
and operation 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 bee n notified to the WTO at the same time as the current draft.  
7. Objective and rationale, including the nature of urgent problems where 
applicable: Protection of public health; I mproving the harmonization of the internal 
market  
8. Relevant documents:   
ISO/IEC 27001:2013;  
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 tob acco and related products and 
repealing Directive 2001/37/EC  
http://eur -lex.europa.eu/legal -
content/EN/TXT/?qid=1504597611185&uri=CELEX:32014L0040   
9. Proposed date of adoption:  December 2017  
Proposed date of entry into force:  As provided under Article 27 of Directive 
2014/40/EU a delegated act adopted pursuant to Article 15(12) shall enter into force only 
if no objection has been expressed either by the European Parliament or the Council within 
a period of two months of notifi cation of that act to the European Parliament and the 
Council or if, before the expiry of that period, the European Parliament and the Council 
have both informed the Commission that they will not object. That period shall be 
extended by two months at the i nitiative of the European Parliament or of the Council. 
(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).  
10. Final date for comments: 60 days from notification  
11. Texts available from: National enquiry point [  ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
European Commission,  
EU-TBT Enquiry Point,  
Fax: + (32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
The text is available on the EU -TBT Website : http://ec.europa.eu/growth/tools -
databases/tbt/en/  
https://members.wto.org/crnattachments/2017/TBT/EEC/17_3952_00_e.pdf