EU proposes technical standards for security features applied to tobacco products

European Commission proposes technical standards for the security features to be applied to unit packets of tobacco products placed on the market in the EU.

Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC provides, in its Article 16, for a system of security features for tobacco products, in order to facilitate the verification of whether or not tobacco products are authentic. Article 16 further sets out that the security features shall be tamper proof, composed of visible and invisible elements, indelible and not hidden or interrupted in any form.

The provisions of Article 16 shall apply to cigarettes and roll-your-own tobacco products from 20 May 2019 and to all other tobacco products from 20 May 2024.

Article 16(2) of Directive 2014/40/EU requires the Commission to define, by means of implementing acts, the technical standards for the security feature. The Commission is seeking to fulfil this obligation via the current draft Implementing Decision.

The current draft Commission Implementing Decision should be read in conjunction with draft Commission Implementing Regulation on technical standards for the establishment and operation of a traceability system for tobacco products, as well as draft Commission Delegated Regulation on key elements of data storage contracts to be concluded as part of a traceability system for tobacco products. These have been notified to the WTO at the same time as the current draft.

Products covered: Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes. (HS 2402), Other manufactured tobacco and manufactured tobacco substitutes; "homogenised" or "reconstituted" tobacco; tobacco extracts and essences.

HS Code: 2402, 2403                                                                         

Proposed date of adoption:  December 2017

Proposed date of entry into force:  20 days from publication in the Official Journal of the EU (The provisions shall apply from 20 May 2019 to cigarettes and roll-your-own tobacco products and from 20 May 2024 for all other tobacco products)

Final date for comments: 60 days from notification

If the Proposal/Notification/Regulation will affect your International Business please send us your representation with facts and figures , so that these can be taken up suitably.