
Article 1 
This Decision lays down technical standards for security features applied to unit packets of tobacco products  supplied in Great Britain.
Article 2 
For the purposes of this Decision, in addition to the definitions laid down in  regulation 2 of the Tobacco Products (Traceability and Security Features) Regulations 2019, the following definitions shall apply:

((a)) ‘authentication element’ means an element of a security feature;
((b)) ‘overt’ means directly perceptible by one or more of the human senses without recourse to external devices. The ‘overt’ category of authentication solutions referred to in ISO 12931:2012 shall be presumed to meet this definition;
((c)) ‘semi-covert’ means not directly perceptible by the human senses but detectable by those senses through the use of external devices, such as a UV torch or a special pen or marker, which do not require expert knowledge or specialist training. The ‘covert’ category of authentication solutions authenticated with off-the-shelf tools referred to in ISO 12931:2012 shall be presumed to meet this definition;
((d)) ‘covert’ means not directly perceptible by the human senses and detectable only through the use of purpose built tools or professional laboratory equipment. The ‘covert’ categories of authentication solutions requiring purpose built tools and forensic analysis referred to in ISO 12931:2012 shall be presumed to meet this definition.
Article 3 
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Article 4 
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Article 5 
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Article 6 
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Article 7 
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Article 8 

1. For the purpose of  regulation 15(1) and (2) of the Tobacco Products (Traceability and Security Features) Regulations 2019, a provider of authentication elements, as well as, where applicable, its subcontractors, shall be considered independent, if the following criteria are met:
(a) independence from the tobacco industry in terms of legal form, organisation and decision making. In particular it shall be assessed whether the undertaking or the group of undertakings is not under the direct or indirect control of the tobacco industry, including a minority shareholding;
(b) independence from the tobacco industry in financial terms, which will be presumed if, before assuming its functions, the undertaking or the group of undertakings generates less than 10 % of its annual worldwide turnover, excluding VAT and any other indirect taxes, from goods and services supplied to the tobacco sector over the past 2 calendar years, as may be determined on the basis of the most recent approved accounts. For each subsequent calendar year, the annual worldwide turnover, excluding VAT and any other indirect taxes, from goods and services supplied to the tobacco sector shall not exceed 20 %;
(c) absence of conflicts of interests with the tobacco industry of the persons responsible for the management of the undertaking or the group of undertakings, including members of the board of directors or any other form of governing body. In particular, they:
((i)) shall not have participated in company structures of the tobacco industry for the last 5 years;
((ii)) shall act independently from any pecuniary or non-pecuniary interest linked to the tobacco industry, including possession of stocks, participation in private pension programmes or interest held by their partners, spouses or direct relatives in the ascending or descending line.
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7. For the purpose of paragraph 1, public  authorities or undertakings governed by public law along with their subcontractors shall be presumed independent from the tobacco industry.
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Article 9 
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Article 10 
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Done at Brussels, 15 December 2017.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission
ANNEX

Overt Semi-covert Covert

Ornamental pattern of two or more interlaced bands that are printed in multiple non-standard colours.
 
Image becomes visible to the human eye only when emblazed with a light of a specific wavelength, such as a laser pointer.
 
Forensic marker which uses combinatorical mathematical principles to define nucleotide sequences.


Combination of two or more colours and subtly merging of colours into each other, which leads to the formation of intervening tints (taking on rainbow colours).
 
Image becomes visible to the human eye only when a specific polarising filter is placed over it.
 
Chemical marker which, often formulated in the base materials of the object tagged to, allows for the detection of dilution and mix ratios in materials. Uniquely encoded and incorporated at trace levels.


A line pattern printed by intaglio that reveals a different image when tilting the object on which it is printed. May be combined with colour-changing ink.
 
Special paper that will not reflect ultraviolet light. Suitable for printing with ultraviolet (UV) inks that will show up under special UV lamps.
 
Invisible fluorescent fibres that are randomly placed on suitable paper. Cannot be scanned or photocopied and will only become visible under special UV lamps.


Reveals changing colours when viewed under different angles.
 
Visible fluorescent fibres fully or partially embedded in a random pattern that is non-reproducible. May come in a range of colours and shapes. Change their colour under UV light.
 
Pattern of magnetic elements that generate a signal or a series of signals, which can be detected remotely by special identification devices.


Intaglio printing producing a raised tactile relief, which can be authenticated under oblique light. May be combined with latent image.
 
Print using extremely small text that requires magnification to become readable with the naked eye.
 
Inks with Anti-Stokes properties that can be examined using a video spectral comparator (VSC instruments).


Display of a fully three-dimensional photographic recording of a light field with angle of observation.
 
Heat reactive ink that is sensitive to temperature change. Ink will change colour or disappear when exposed to temperature changes.
 
Colourless or transparent inks that become visible upon reaction with a specific solvent that is applied by means of purpose built tools under laboratory conditions.

 
Colourless or transparent inks that become visible upon reaction with a specific solvent that is applied by means of a special pen or marker.
 