EU legal acts
Since 20th of May 2016 Member States should apply the Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014, replacing Directive (2001/37/EC), which lays down rules governing the manufacture, presentation and sale of tobacco and related products. These include cigarettes, roll-your-own tobacco, pipe tobacco, cigars, cigarillos, smokeless tobacco, electronic cigarettes (also refill containers) and herbal products for smoking as well as novel tobacco products.
In particular, the Directive:
- prohibits the placing on the market of tobacco products with characterising flavours and containing some specific additives;
- requires manufacturers and importers of tobacco products to submit to their competent authorities information about i.a. a list of all ingredients, and quantities thereof, used in the manufacture of the tobacco products;
- introduces obligation of placing appropriate health warnings on a unit packet and any outside packaging of tobacco and related products. What is more, the Directive determines minimum dimensions and the design and the contents of the health warnings on a unit packet of these products;
- bans all promotional and misleading elements on tobacco products;
- introduces EU-wide tracking and tracing to combat illicit trade of tobacco products;
- allows Member States to prohibit cross-border distance sales and internet sales of tobacco and related products;
- sets out safety and quality requirements for electronic cigarettes and refill containers;
- requires manufacturers and importers of electronic cigarettes and refill containers to submit to their competent authorities information about i.a. a list of all ingredients and emissions resulting from their use;
- obliges manufacturers and importers to notify novel tobacco products before placing them on the EU market.
Below there are implementing decisions connected with the Directive:
- Commission implementing decision (EU) 2015/2183 of 24 November 2015 establishing a common format for the notification of electronic cigarettes and refill containers;
- Commission implementing decision (EU) 2015/2186 of 25 November 2015 establishing a format for the submission and making available of information on tobacco products;
- Commission implementing decision (EU) 2015/1842 of 9 October 2015 on the technical specifications for the layout, design and shape of the combined health warnings for tobacco products for smoking;
- Commission implementing decision (EU) 2015/1735 of 24 September 2015 on the precise position of the general warning and the information message on roll-your-own tobacco marketed in pouches;
- Commission implementing decision (EU) 2016/586 of 14 April 2016 on technical standards for the refill mechanism of electronic cigarettes;
- Commission implementing decision (EU) 2016/786 of 18 May 2016 laying down the procedure for the establishment and operation of an independent advisory panel assisting Member States and the Commission in determining whether tobacco products have a characterising flavour;
- Commission implementing decision (EU) 2016/787 of 18 May 2016 laying down a priority list of additives contained in cigarettes and roll-your-own tobacco subject to enhanced reporting obligations.
- Commission implementing regulation (EU) 2016/779 of 18 May 2016 laying down uniform rules as regards the procedures for determining whether a tobacco product has a characterising flavour
We also encourage all the producers and importers of tobacco products and related products to follow the website below, where you can find documents concerning tobacco directive, for example: warning messages on tobacco packages or format for submission of data on ingredients.
