Denmark – Industry specific software package – Appointment of an ID issuer to traceability system for tobacco products

Denmark shall appoint an ID issuer as required by Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the establishment and operation of a traceability system for tobacco and related products as amended by regulation (EU) 2023/448 of 1 March 2023. The ID issuer will among other tasks have the responsibility to generate and issue unique identifiers and the corresponding human-readable identification codes and Identifier Codes for traceability of tobacco products. The unique identifiers and the identifier codes are used in the European traceability system, with the purpose of preventing and counteracting the illegal trade of tobacco products. The EU traceability system requires all unit packages of tobacco produced in or destined for the European market to be marked with a unique identifier, enabling the registration of the products’ movements through the supply chain. Additionally, all economic operators (any natural or legal person who is involved in the trade of tobacco products, including for export, from the manufacturer to the last economic operator before the first retail outlet) and operators of first retail outlets as well as facilities, machines and machine parts shall be registered with an identifier code. The Authority has initiated this procedure for appointing an ID issuer for Denmark and awarding a supply contract to the selected ID issuer. The contract is for supplying identifier codes and unique identifiers to economic operators etc., why the supply contract is not a “public contract” as defined by the EU pro-curement directives and the Danish public procurement act. For this reason, the procurement regulation does not apply to the Procedure. The use of the Official Journey of the European Union for publishing the contract notice is for conven-ience only and is not to be interpreted as an indication of the application of the procurement regulations. The same applies to the use of terms such as “Tender” and “Tenderer” normally associated with a regulated procurement procedure. No CPV code exists for the supply of unique identifiers and no appropriate CPV code is available. For this reason, the main CPV code 48100000 is for “industry specific software package” despite the unique identifiers being a product of this software. The stipulated additional CPV codes are for various it-services. Also, other member states authorities have used the same it-services CPV codes. The use of the it-service CPV codes is not intended to imply that the contract is not for supply.