Michael McGrath (Cork South Central, Fianna Fail)
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167. To ask the Minister for Health his position in relation to the recently published draft Implementing Acts with regard to the Tobacco Products Directive 2014/40 EU track and trace articles 15 and 16; if a submission has been made to the European Commission on these proposals; and if he will make a statement on the matter. [47429/17]

Catherine Byrne (Dublin South Central, Fine Gael)
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Articles 15 and 16 of the Tobacco Products Directive (EU) 2014/40/EU (“the Directive”) establish an EU-wide tracking and tracing and security feature system for all unit packets of tobacco products manufactured in or imported into the Union. The aim of this system is to fight illicit trade in tobacco products which undermines the free circulation of compliant products and the overall protection provided by tobacco control legislation.

Under Article 15 of the Directive, all unit packets of tobacco products manufactured in or imported into the Union must be marked with a unique identifier (containing defined data elements) and their movements must be recorded throughout the supply chain (up to the last level before retail). Article 16 of the Directive requires that all unit packets of tobacco products which are placed on the EU market carry a tamper proof security feature composed of visible and invisible elements. The above requirements shall apply to cigarettes and roll-your-own tobacco from 20 May 2019 and to tobacco products other than cigarettes and roll-your-own tobacco from 20 May 2024.

Although the central requirements have been laid down in the Directive, Articles 15(11), 15(12) and 16(2) require the EU Commission to adopt secondary legislation (Commission Implementing Acts) to determine the technical details and key elements of the system, as well as to ensure aspects such as the system's interoperability.

The EU Commission has published three draft Commission Implementing Acts providing the specifications for the system and discussions on these drafts are ongoing at EU level. Ireland is represented on the relevant EU tobacco expert sub-groups. Once adopted, the Commission Implementing Acts must be transposed into Irish law.