Question to the HM Treasury:

To ask Mr Chancellor of the Exchequer, pursuant to the Answer of 6 September 2018 to Question 169565 on tobacco: smuggling, what representations his Department has received from the tobacco industry on delivery of a UK tobacco product track and trace system; and what steps his Department is taking to ensure the UK's final track and trace system will be compliant with the WHO FCTC Protocol to Eliminate Illicit Trade in Tobacco Products requirement for parties not to delegate any of their obligations to the tobacco industry.

HM Revenue & Customs has received a number of representations from the tobacco industry and others about the implementation of a track and trace system.

As I set out in my previous answer, the government is committed to meeting the requirements for independence from the tobacco industry as per Article 8 of the WHO FCTC Protocol to Eliminate the Illicit Trade in Tobacco Products.

The track and trace system will be implemented under the EU Tobacco Products Directive. The implementing legislation for the Directive specifies strict and comprehensive criteria by which independence from the tobacco industry is determined. Providers of the track and trace system will need to demonstrate to HM Revenue & Customs that they satisfy this criteria both before and during the period they provide the services required as a condition of holding the respective contracts. Companies providing track and trace data repositories for the tobacco industry must also be approved as independent of the tobacco industry by the European Commission.