I.-Tobacco product manufacturers and importers shall enter into a contract for the storage of data accessible through the unique identifier with an independent third party, for the purpose of hosting the data storage facility in compliance with the provisions laid down in Commission Delegated Regulation (EU) 2018/573 of 15 December 2017 on the essential elements of data storage contracts to be concluded in the context of a tobacco traceability system and Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the establishment and operation of a tobacco traceability system.
This independent third party shall be approved by the European Commission, in particular with regard to its independence and technical capabilities. The same applies to the data storage contract.
II-The information referred to in I shall be recorded in automated personal data processing systems under the conditions laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. They cannot be modified or deleted by a person involved in the trade of tobacco products.
III – The data storage facility is physically located within the territory of the European Union. The European Commission has full access to this facility. Authorised officials from the Ministries responsible for health and customs have full access to the components of this facility located on French territory. They shall have electronic access to the information mentioned in I, by means of a link to the unique identifier.
A provider, designated by the European Commission in accordance with Part B of Annex I to the aforementioned Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 from among the providers of primary data warehouses that have been approved in accordance with Part A of the same Annex I, shall be responsible for managing the secondary data warehouse for the purpose of performing the services provided for in Chapter V of the same Regulation.
IV – The activities of the independent third party are monitored by an external auditor proposed and paid for by the manufacturer or importer and approved by the European Commission. The external auditor submits an annual report to the Minister for Health, the Minister for Customs and the European Commission, in which any irregularities relating to access to data stored by the independent third party are assessed.