6.—[F1(A1) A producer of a tobacco product for smoking which is a GB tobacco product (other than an importer) must select the photograph used for the purposes of regulation 5(3)(a) so that each of the 13 photographs appears on between 1/24 to 1/12 of the total number of packs under each brand name produced by that producer within that production year.]
(1) A producer of a tobacco product for smoking [F2which is an NI tobacco product] (other than an importer) must select the photograph used for the purposes of regulation [F35(3)(b)] —
(a)from the set of photographs which is specified for the production year during which the pack is produced; and
(b)so that each of the 14 photographs in a specified set appears on between 1/24 and 1/12 of the total number of packs under each brand name produced by that producer within that production year.
[F4(2) An importer of a tobacco product for smoking must use the importer’s best endeavours to ensure—
(a)where the product is a GB tobacco product, that the obligation in paragraph (A1) is complied with;
(b)where the product is an NI tobacco product, that the obligations in paragraph (1) are complied with.]
(3) For the purposes of [F5paragraph (1)] —
(a)the set of photographs contained in Set 1 of Annex II to the Tobacco Products Directive is specified for the production year 2016-2017 and every third production year thereafter;
(b)the set of photographs contained in Set 2 of Annex II to that Directive is specified for the production year 2017-2018 and every third production year thereafter;
(c)the set of photographs contained in Set 3 of Annex II to that Directive is specified for the production year 2018-2019 and every third production year thereafter; and
F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(4) In this regulation “production year” means a period of 12 months beginning with 20th May and ending with 19th May.]
Textual Amendments
F1Reg. 6(A1) inserted (31.12.2020) by S.I. 2019/41, reg. 6(6)(a) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))
F2Words in reg. 6(1) inserted (31.12.2020) by S.I. 2019/41, reg. 6(6)(b)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))
F3Word in reg. 6(1) substituted (31.12.2020) by S.I. 2019/41, reg. 6(6)(b)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))
F4Reg. 6(2) substituted (31.12.2020) by S.I. 2019/41, reg. 6(6)(c) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))
F5Words in reg. 6(3) substituted (31.12.2020) by S.I. 2019/41, reg. 6(6)(d)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))
F6Reg. 6(3)(d) omitted (31.12.2020) by virtue of S.I. 2019/41, reg. 6(6)(d)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))
F7Reg. 6(4) inserted (31.12.20) by S.I. 2019/41, reg. 6(6)(e) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))