This prolongation is grounded in the Directive’s phase-out period of four years foreseen for all products with more than a 3% market share in the EU. [i]
The ban on characterising flavours applies to cigarettes and roll-your-own tobacco, while other tobacco products are exempt from the provision. Additives that are necessary for the manufacturing of tobacco products are not included in the provision.
The Directive lays down a series of reporting obligations on ingredients and emissions of tobacco products (Article 5). It obliges the Commission to develop a priority list of additives used in tobacco products and the independent Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) has identified 48 single chemicals to be placed on the list. These additives should be subject to further reporting obligations (Article 6). [ii] [iii]
E-cigarette provisions
While Member States still will be able to decide on certain aspects related to e-cigarettes, e.g. the regulation of flavours and advertising without cross-border effects, the TPD introduces a number of provisions applicable to consumer e-cigarettes placed on the EU market.
These concern a maximum nicotine concentration level for e-cigarettes (20 mg/ml) and maximum volumes for cartridges, tanks and containers of nicotine liquids. Containers should be childproof and only ingredients of high purity may be used in the nicotine-containing liquid. Furthermore, e-cigarettes will be required to deliver consistent levels of nicotine. E-cigarette packages must carry health warnings, instructions for use, information on addictiveness and toxicity and lists of all substances contained in the product.[iv] [v]
Traceability
The TPD aims to ensure that only products complying with the Directive are sold in the EU. Traceability of tobacco products will be ensured through an EU-wide tracking and tracing system for the legal supply chain as well as by the means of physical features facilitating the detection of illicit products. The tracking and tracing provisions apply to cigarettes and roll-your-own tobacco (Article 15).
New packaging of tobacco products
According to the provisions in the TPD, tobacco product packages should feature health warnings in picture and text covering 65% of the front and the back of cigarette packs. 50% of the sides of packs must be covered with health warnings to be placed on the top edge of the package. These obligations replace the current textual warning of tar, nicotine and carbon monoxide (TNCO) levels.[vi] [vii]
The slim cigarette packs are no longer allowed and cigarette packs must have a cuboid shape, with each pack containing a minimum of 20 cigarettes. The packs must contain no promotional or misleading elements such as reference to taste or lifestyle benefits. Roll-your-own tobacco packs equally have to carry 65% combined health warnings on the front and the back in addition to the textual warnings.[viii]
EU Members States may go beyond the minimum stipulations in the new Directive. Britain, France and Ireland have decided to adopt plain packaging for tobacco products, while Hungary and Slovenia plan to adopt the measure.
More information
Directive 2014/40/EU of 3 April 20104
Revision of the Tobacco Products Directive
[i] Commission Directive (EU) 2015/1139 amending Directive 2012/9/EU as regards the date for its transposition and the deadline for the end of the transitional period (Text with EEA relevance).
[iv] Commission Implementing Decision (EU) 2016/586 on technical standards for the refill mechanism of electronic cigarettes.
[v] Commission Implementing Decision (EU) 2015/2183 establishing a common format for the notification of electronic cigarettes and refill containers.
[vi] Commission Implementing Decision (EU) 2015/1842 on the technical specifications for the layout, design and shape of the combined health warnings for tobacco products for smoking.
[vii] Commission Implementing Decision (EU) 2015/1735 on the precise position of the general warning and the information message on roll-your-own tobacco marketed in pouches (notified under document C(2015) 6455) (Text with EEA relevance).
[viii] Commission Implementing Decision (EU) 2015/2186 establishing a format for the submission and making available of information on tobacco products.