In preparation for the national traceability system for tobacco products, ANAF Order no. 2137/2019 regulating the procedure for implementing the provisions related to the traceability of tobacco products and ANAF Order no. 2138/2019 regulating the data storage contracts concluded as part of a traceability system for tobacco products have been published.
We remind you that the traceability system for tobacco products became operational on 20 May 2019 for cigarettes and for roll-your-own tobacco, but Romania has adopted the Commission’s Decision (EU) 2019/691 of 2 May 2019 authorising economic operators to use the services of another ID issuer until the national traceability system becomes fully operational, but no later than 31 December 2019.
According to ANAF Order no. 2138/2019, producers and importers of cigarettes and roll-your-own tobacco are required to notify the National Agency for Fiscal Administration (ANAF) within 30 days from signing the contracts with providers of primary repository services for storing traceability data.
The key elements of such data storage contracts, e.g. the duration, possibility of renewal, necessary technical expertise and confidentiality, including regular monitoring and assessment of the contracts, are set forth in the Commission’s Delegated Regulation (EU) 2018/573 of 15 December 2017 on key elements of data storage contracts to be concluded as part of a traceability system for tobacco products.
Data storage providers will be required to grant ANAF physical and virtual access, at server and database level, and to cooperate with ANAF in its role as national administrator and competent authority.
ANAF Order no. 2137/2019 informs economic operators that the procedure for transmitting information is set forth in the Commission’s Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the establishment and operation of a traceability system for tobacco products, while Annex II of the Commission’s Implementing Regulation (EU) 2018/574 lists the key elements to be supplied by economic operators electronically.
Romania’s traceability system for tobacco products will be fully operational by 31 December 2019 and the National Agency for Fiscal Administration will be the national administrator and competent authority.
Producers and importers of cigarettes and roll-your-own tobacco are required to notify the National Agency for Fiscal Administration within 30 days from the signing date of the contracts with providers of primary repository services for traceability data storage.
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Partner, Tax Services, Romania
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