Cabinet Regulation No. 321 of 2019 on Regulations Regarding the Security Features of Tobacco Products

Translation © 2019 Valsts valodas centrs (State Language Centre) Republic of Latvia Cabinet Regulation No. 321 Adopted 9 July 2019 Regulations Regarding the Security Features of Tobacco Products Issued pursuant to Section 6, Paragraph twelve of the law On the Handling of Tobacco Products, Herbal Products for Smoking, Electronic Smoking Devices and Their Liquids 1. The Regulation prescribes the composition of security features other than an excise duty stamp, the method of addition of security features to the unit packets of tobacco products, the requirements for ensuring the authentication elements, including the submission of samples of unit packets of tobacco products. 2. The authentication element of a security feature is an element of a security feature complying with one of these conditions: 2.1. overt – directly perceptible by one or more of the human senses without recourse to external devices; 2.2. semi-covert – not directly perceptible by the human senses but detectable by those senses through the use of external devices (such as a (UV) torch, a special pen or marker) which do not require expert knowledge or specialist training; 2.3. covert – not directly perceptible by the human senses and detectable only through the use of purpose built tools or professional laboratory equipment. 3. If the authentication elements referred to in Sub-paragraphs 2.1, 2.2, and 2.3 of this Regulation comply with the requirements of applicable standards, they shall be regarded as conforming to the requirements of this Regulation. The Ministry of Finance shall suggest to the National Standardisation Body the list of standards to be developed, adapted, and applied in connection with this Regulation. The National Standardisation Body shall publish the list of applicable standards on its website. 4. The security feature is composed of five types of authentication elements: 4.1. guilloche (overt element) – ornamental pattern of two or more interlaced bands that are printed in multiple non-standard colours; 4.2. microprint (semi-covert element) – print using such small letters and numbers that are visible only when using magnification; 4.3. UV dull paper (semi-covert element) – special paper that will not reflect ultraviolet light and that is suitable for printing with ultraviolet (UV) inks that will show up under special UV lamps; 4.4. anti-Stokes inks (covert element) – inks with anti-Stokes properties that can be examined using a video spectral comparator; 4.5. security fibres (covert element) – invisible fluorescent fibres that are randomly placed on suitable paper which cannot be scanned or photocopied and will only become visible under special UV lamps. Translation © 2019 Valsts valodas centrs (State Language Centre) 2 5. One of the authentication elements referred to in Paragraph 4 of this Regulation shall be provided by a service provider that is independent from the tobacco industry. 6. The security features shall be applied to the unit packets of tobacco products using any of the following methods: 6.1. affixing; 6.2. printing; 6.3. combination of affixing and printing. 7. If the tobacco product has a closed transparent additional wrapper, the security feature shall be affixed underneath it. 8. The security feature shall be applied to the unit packets of tobacco products in a manner that: 8.1. allows for the identification and verification of the authenticity of an individual unit packet of tobacco product for the entire time the tobacco product is placed on the market; 8.2. protects them from being replaced, reused or modified in any way. 9. The manufacturers and importers of tobacco products who apply the security feature referred to in Paragraph 4 of this Regulation to the unit packets of tobacco products shall ensure the integrity of any authentication element thereof. 10. The manufacturers and importers of tobacco products who apply the security feature referred to in Paragraph 4 of this Regulation to the unit packets of tobacco products shall, within three working days from the receipt of request of the State Revenue Service, submit a sample of the tobacco product currently placed on the market and shall append thereto information on the service provider referred to in Paragraph 5 of this Regulation. The samples shall be provided in unit packet format with the applied security feature. Acting for the Prime Minister – Deputy Prime Minister, Minister for Justice J. Bordāns Acting for the Minister for Finance – the Deputy Prime Minister, Minister for Defence A. Pabriks