Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th November, 2018.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014¹ on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC, hereby make the following regulations:

1. These Regulations may be cited as the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) (Amendment) (No. 3) Regulations 2018.

2. In these Regulations, “Principal Regulations” means the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 ( S.I. No. 271 of 2016 ).

3. Regulation 2 of the Principal Regulations is amended, in paragraph (1), by the insertion of the following definition:

“ ‘Revenue Commissioners’ means the Office of the Revenue Commissioners;”.

4. Regulation 3 of the Principal Regulations is amended—

(a) in paragraph (1), by the substitution of “20 and 22(1) of the Directive and as a competent authority in the State for the purposes of Article 23 of the Directive” for “20, 22(1) and 23 of the Directive”,

(b) by the insertion of the following paragraph after paragraph (1):

“(1A) The Revenue Commissioners are designated as the body to carry out the functions of the State for the purpose of Articles 15 and 16 of the Directive and as a competent authority in the State for the purpose of Article 23 of the Directive.”, and

(c) in paragraph (2), by the substitution of “The Executive and the Revenue Commissioners” for “The Executive”.

GIVEN under my Official Seal,

28 November 2018.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The Tobacco Products Directive (EU) 2014/40/EU establishes an EU-wide traceability and security feature systems for all unit packets of tobacco products manufactured in or imported into the European Union. These regulations amend the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 ( S.I. No. 271 of 2016 ) to designate the Office of the Revenue Commissioners as the state body with responsibility for overseeing the implementation of this system.

[1 OJ No. L 127, 29.04.2014, p. 1 as affected by Corrigendum (OJ No. L 150, 17.6.2015, p. 24)