Section 5: Traceability

I.-In addition to the unique identifier referred to in Article L. 3512-23, unit packets of tobacco products manufactured, imported from a non-EU Member State or originating from an EU Member State must include a forgery-proof security feature comprising at least five types of authenticating element, including at least one visible element, one semi-perceptible element and one non-perceptible element. At least one of these elements must be provided by an independent third party, meeting the obligations set out in Article 8 of Commission Implementing Decision (EU) 2018/576 of 15 December 2017 on the necessary technical standards for security features applied to tobacco products.

The combination of authenticating elements that must be used by manufacturers or importers in the security devices applied to tobacco product packaging units is determined by order of the Minister responsible for customs. Any change to the combination of authenticating elements shall be determined by order of the Minister responsible for customs, six months before the date scheduled for its entry into force.

II - The security device is printed or affixed or printed and affixed in an irremovable and indelible manner. It is neither concealed nor interrupted and must:

1° Permit the identification and verification of the authenticity of a unit of tobacco product packaging throughout the period during which the tobacco product concerned is placed on the market;

2° Prevent it from being replaced, reused or modified in any way whatsoever.

III.The Minister responsible for customs may:

1° Decide to implement or withdraw a system for rotating security devices;

2° Require the replacement of a security device when he has reason to believe that the integrity of this device has been compromised;

3° Defining guidelines or official requirements relating to the security of production and distribution procedures, concerning for example the use of secure equipment and other components, audits, instruments for checking quantities produced and secure shipments, in order to prevent, detect and reduce the illicit production and distribution as well as the theft of security devices and the authenticating elements of which they are composed.

The equipment needed to detect authenticating features is supplied free of charge by manufacturers and importers to the officials responsible for checking them.