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European Network for Smoking and Tobacco Prevention

ENSP

ENSP is an independent, international not-for-profit organization, which aims to put an end to tobacco consumption and to develop a common strategy, amongst organizations active in smoking prevention and tobacco control in Europe, by sharing information and experience and through co-ordinated activities and projects.

Lobbying Activity

Meeting with Gerassimos Thomas (Director-General Taxation and Customs Union) and Philip Morris International Inc. and

18 May 2022 · Videoconference - Stakeholder event to gather views on the upcoming revision of the tobacco taxation directive

Response to Implementing act under Article 15(11) of the Tobacco Products Directive 2014/40/EU

1 Oct 2017

The European Network for Smoking and Tobacco Prevention (ENSP) would like to give detailed feedback on the draft secondary legislation relating to the establishment and operation of the systems of traceability and security features for tobacco products, as provided for under Articles 15 and 16 of Directive 2014/40/EU. However, the limited number of characters only allows us to include one issue amongst many (see below). The remaining suggestions, including changes, topics for consideration, alterations and justifications, are in the attached pdf. INDEPENDENCE FROM TOBACCO INDUSTRY AND GUARANTEE OF MEMBER STATES CONTROL In Article 27, Secondary repository, point 1 states that “Providers of the primary repositories shall ensure the establishment of a single secondary repository. To that end they shall appoint among themselves a provider of such a repository…” In that way the tobacco industry will not only select and pay the provider of primary repositories (that unfortunately is decided in EU TPD art 15, but we hope will be amended after final ratification of the WHO FCTC Protocol) but also they will control and de facto select the provider of secondary repository. This selection will be opened only to providers of primary repositories so no other independent third party can even apply to be selected. In our view: • It is incompatible with the soul of Assumptions including 24 assuring: - independence from tobacco industry and - Member States core control role • As well as is in obvious contradiction to WHO FCTC Protocol, specifically to: - Art. 8.2 that requires that tracking and tracing system shall “be controlled by the Party” and - Art. 8.12 “obligation assigned to a Party shall not be performed by or delegated to the tobacco industry.” To improve, we propose that secondary repository provider shall be independent third party appointed by the Member States or Commission through a public procedure. It cannot be any party related to tobacco industry and also, due to its controlling, trustworthy and transparency role, it should not be any party that is already selected by tobacco industry to be provider of primary repository. For the same reason already appointed secondary repository provider cannot apply for, nor can it play a role of primary repository. Proposed point 1: Point 1 “The Commission or designated Member State shall ensure the establishment of a single secondary repository. To that end they shall appoint a provider of such a repository, which has to be independent from tobacco industry and cannot be a provider of primary repository…” Consequently in Annex 1, Part B, Art.1 that states: “The providers of the primary repositories who have been approved in accordance with point 4 of Part A within six months following the entry into force of the Delegated Regulation XXX shall appoint, from amongst themselves, a provider tasked with operating the secondary repository ("the operator of the secondary repository") for the purpose of carrying out the services specified in Chapter V of this Regulation.” shall be amended as follows: The Commission or designated Member State shall select in an open public bid, a provider tasked with operating the secondary repository ("the operator of the secondary repository") for the purpose of carrying out the services specified in Chapter V of this Regulation. The operator of the secondary repository has to be independent from tobacco industry and fulfil requirements defined in Art. 35 and cannot be a provider of primary repository. Due to the very limited number of characters allowed to provide feedback here, ENSP has compiled a 12-page document (attached), which highlights all the important aspects in the text, with which it agrees; and provides detailed critical changes in the wording within the draft secondary legislation. Each alteration is accompanied by clear exhaustive justification. A list of "topics for consideration" concludes the document.
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