Questions and answers
Are you facing problems and seeking answers to your questions? You will find them here.
Who in practice will inspect the recording and handover of tobacco product data at the economic operators? Will the Czech Agriculture and Food Inspection Authority ('CAFIA') conduct inspections focused on the tracing and tracking of tobacco products in retail outlets? Will this entail an additional burden for retail outlet?
According to Article 37 of Regulation (EU) 2018/574, cigarettes and tobacco for hand-rolled cigarettes made in the EU or imported into the EU prior to 20 May 2019 and not marked using the unique identifiers at the level of the unit packs in compliance with Article 6 of this Regulation can remain in free circulation until 20 May 2020. Is it possible after 20 May 2020 to sell cigarettes without an identifier that fulfils the above-stated conditions and that were placed on the market in a retail shop prior to 20 May 2020?
It has been rumoured that manufacturers of tobacco products will provide scanners to importers and distributors of tobacco products. According to the portal of the firm SGS, with which various manufacturers of tobacco products have concluded a contract, it is clear that they will not be provided with scanners but will only receive financial compensation. Suppliers and wholesalers must acquire the scanners themselves. Is this not in conflict with the earlier declaration and the stipulations of the legislation?
According to Section 13f(4) of Act No 110/1997 Coll., the manufacturers of tobacco products are obligated to provide importers and distributors of tobacco products with the necessary equipment to enable the recording of the purchase, sale, warehousing, transport, and other handling of tobacco products, equipment capable of reading and transferring the recorded data in electronic format to the secondary storage. Provision of financial compensation for acquisition of the necessary equipment fulfils the objective mentioned in the stipulation,s and this method does not contravene the applicable legislation. The Working Group of the European Commission for the Track&Trace of tobacco products also confirmed that payment of financial compensation is an acceptable alternative to provision of the necessary equipment.
The problems of such compensation are discussed on the portal https://ontrack.sgs.com/cs-CZ/, where it is possible to register compensation requirements and also obtain additional information about all the conditions and rules of this process.
The distributor shall,0 upon instruction from the manufacturer, withdraw old goods from the retail market (mostly cigarettes with tobacco stickers carrying the old tax rate). Should the data on such withdrawn goods be recorded and entered in the Track&Trace system? If so, does the information on group and unit packs (cigarette cartons and boxes) need to be submitted? At what point does the obligation to enter data into the Track&Trace system arise (distributor’s retail/warehouse)?
How will the sale of products to a group of customers who purchase products for resale versus purchases only for personal consumption be handled? This concerns the fact that the non-reporting of retail sales, the fictive stocks in the data storage of the given wholesale tobacco products store shall accumulate, the goods receiving and issue (receiving of all, issue only to registered economic subjects)?
It depends on the company and how it organises the sale of tobacco products to its customers, regardless of whether this concerns the retailer or final consumer. It is possible to establish an internal sale in a retail shop and then continue to sell the cigarettes as the first retailer of the tobacco products to the final consumer without needing to send information to the tobacco products Track&Trace system.
When generating the unique identifiers at the level of group packaging by an economic operator (distributor), this identification code will include the economic operator’s code. In this case, does this concern the identification code of the economic operator obtained through registration, or should the operator apply for another identification code?
The unique identifiers at the level of unit packaging may be ordered by manufacturers and importers during May 2019.
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