Protocol To Eliminate Illicit Trade In Tobacco Products:Article 8 Tracking and tracing

Protocol To Eliminate Illicit Trade In Tobacco Products

Article 8 Tracking and tracing

Geldend

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1.

For the purposes of further securing the supply chain and to assist in the investigation of illicit trade in tobacco products, the Parties agree to establish within five years of entry into force of this Protocol a global tracking and tracing regime, comprising national and/or regional tracking and tracing systems and a global information-sharing focal point located at the Convention Secretariat of the WHO Framework Convention on Tobacco Control and accessible to all Parties, enabling Parties to make enquiries and receive relevant information.

2.

Each Party shall establish, in accordance with this Article, a tracking and tracing system, controlled by the Party for all tobacco products that are manufactured in or imported onto its territory taking into account their own national or regional specific needs and available best practice.

3.

With a view to enabling effective tracking and tracing, each Party shall require that unique, secure and non-removable identification markings (hereafter called unique identification markings), such as codes or stamps, are affixed to or form part of all unit packets and packages and any outside packaging of cigarettes within a period of five years and other tobacco products within a period of ten years of entry into force of this Protocol for that Party.

4.1.

Each Party shall, for purposes of paragraph 3, as part of the global tracking and tracing regime, require that the following information be available, either directly or accessible by means of a link, to assist Parties in determining the origin of tobacco products, the point of diversion where applicable, and to monitor and control the movement of tobacco products and their legal status:

a)

date and location of manufacture;

b)

manufacturing facility;

c)

machine used to manufacture tobacco products;

d)

production shift or time of manufacture;

e)

the name, invoice, order number and payment records of the first customer who is not affiliated with the. manufacturer;

f)

the intended market of retail sale;

g)

product description;

h)

any warehousing and shipping;

i)

the identity of any known subsequent purchaser; and

j)

the intended shipment route, the shipment date, shipment destination, point of departure and consignee.

4.2.

The information in subparagraphs (a), (b), (g) and where available (f), shall form part of the unique identification markings.

4.3.

Where the information in subparagraph (f) is not available at the time of marking, Parties shall require the inclusion of such information in accordance with Article 15.2(a) of the WHO Framework Convention on Tobacco Control.

5.

Each Party shall require, within the time limits specified in this Article, that the information set out in paragraph 4 is recorded, at the time of production, or at the time of first shipment by any manufacturer or at the time of import onto its territory.

6.

Each Party shall ensure that the information recorded under paragraph 5 is accessible by that Party by means of a link with the unique identification markings required under paragraphs 3 and 4.

7.

Each Party shall ensure that the information recorded in accordance with paragraph 5, as well as the unique identification markings rendering such information accessible in accordance with paragraph 6 shall be included in a format established or authorized by the Party and its competent authorities.

8.

Each Party shall ensure that the information recorded under paragraph 5 is accessible to the global information-sharing focal point on request, subject to paragraph 9, through a standard electronic secure interface with its national and/or regional central point. The global information-sharing focal point shall compile a list of the competent authorities of Parties and make the list available to all Parties.

9.

Each Party or the competent authority shall:

a)

have access to the information outlined in paragraph 4 in a timely manner by making a query to the global information-sharing focal point;

b)

request such information only where it is necessary for the purpose of detection or investigation of illicit trade in tobacco products;

c)

not unreasonably withhold information;

d)

answer the information requests in relation to paragraph 4, in accordance with its national law; and

e)

protect and treat as confidential, as mutually agreed, any information that is exchanged.

10.

Each Party shall require the further development and expansion of the scope of the applicable tracking and tracing system up to the point that all duties, relevant taxes, and where appropriate, other obligations have been discharged at the point of manufacture, import or release from customs or excise control.

11.

Parties shall cooperate with each other and with competent international organizations, as mutually agreed, in sharing and developing best practices for tracking and tracing systems including:

a)

facilitation of the development, transfer and acquisition of improved tracking and tracing technology, including knowledge, skills, capacity and expertise;

b)

support for training and capacity-building programmes for Parties that express such a need; and

c)

further development of the technology to mark and scan unit packets and packages of tobacco products to make accessible the information listed in paragraph 4.

12.

Obligations assigned to a Party shall not be performed by or delegated to the tobacco industry.

13.

Each Party shall ensure that its competent authorities, in participating in the tracking and tracing regime, interact with the tobacco industry and those representing the interests of the tobacco industry only to the extent strictly necessary in the implementation of this Article.

14.

Each Party may require the tobacco industry to bear any costs associated with that Party's obligations under this Article.

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