G/TBT/N/HUN/31  
 
21 December 2015  
(15-6830)  Page: 1/3  
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION 
The following notification is being circulated in accordance with Article 10.6 
 
1. Notifying Member: HUNGARY 
If applicable, name of local government involved (Article 3.2 and 7.2):  
2. Agency responsible: 
Ministry of Human Resources 
Department of Health Policy Law 
Budapest V. Arany János u. 6-8 H-1051 
Postal address: 1884 Budapest, Pf. 1 
Dr. Schlammadinger József 
Tel: (36 1) 795-1240  Fax: (36-1) 795-0192 
e-mail: egpoljvez@emmi.gov.hu  / jozsef.schlammadinger@emmi.gov.hu  
Name and address (including telephon e and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above : 
3. Notified under Article 2.9.2 [X], 2.10 .1 [ ], 5.6.2 [ ], 5.7.1 [ ], other: 
4. Products covered (HS or CCCN where applic able, otherwise national tariff heading. 
ICS numbers may be provided in  addition, wher e applicable): Tobacco and 
manufacture tobacco substitutes (HS: 24). The proposal for draft government Decree relates 
to the packaging, market placement and control of tobacco products as well as the application of the health-protection fine. 
5. Title, number of pages and language(s) of the notified document: Proposal for 
Government Decree on the amendment of Government Decree No. 39/2013 (of 14 February 2013) on the manufacture, placement on the market and control of tobacco products, 
combined warnings and the detailed rules for the application of the health-protection fine 
(21 pages, in Hungarian)  
6. Description of content: The Decree relates to the packaging (introducing of plain 
packaging), market placement and control of toba cco products as well as the application of 
the health-protection fine. Upon enactment, the Decree will give effect in part to the 
Directive 2014/40/EU of the European Parliame nt and of the Council on the approximation 
of the laws, regulations and administrative prov isions of the Member States concerning the 
manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC is 20 May 2016.  
The amendment of Government Decree 39 /2013 (of 14 February 2013) on the 
manufacture, placement on the market and control of tobacco products, combined warnings and the detailed rules for the application of the health-protection fine is a 
transposition of the above described directive. G/TBT/N/HUN/31 
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable: In Hungary, the tobacco-related mortality among males, in line with the 
European trend, is decreasing however the rate of the mortality is still higher compared to 
other countries of the European Union. With re gard to the smoking habits in Hungary over 
the last few decades, Hungary was in a disadvantaged situation regarding prevalence of smoking as compared to other European countries.  
The latest survey from 2013 showed that 30% of the Hungarian population was smoking, 
which is 2% less than in 2012, but it was still 4% more than the European average. In comparison to the WHO Health For All (HFA ) Database the prevalence of smoking in 
Hungary is not decreasing, the rate of daily smokers is still above 30%. The results of 
Eurobarometer survey in 2014 were the same as the results of the HFA Database. 
Smoking was the third risk factor following the nutrition risk and high blood pressure, 
causing the biggest life-year loss in 2010. The data showed that health loss was mainly 
caused by active smoking and the health loss caused by second hand smoking was 
decreasing compared to the active smoking. In  addition to this in Hungary smoking caused 
the greatest economic loss among the risk factors in 2010. 
Hungarian data on smoking habits, prevalence  and trend are worse than data of other 
countries of the European Union. In order to make further impacts on the smoking prevalence in Hungary, particularly on smoking initiation among young people, additional 
initiatives are required in order to build positive effects experienced so far deriving from 
Hungary's operative Decree on tobacco control and also from public health policies. 
There is wealth of evidence to support the amendment of the decree for the purpose of 
enhancing health protection in Hungary by introduction of additional measures for tobacco 
control. The amendment of Government Decree 39/2013 (of 14 February 2013) on the 
manufacture, placement on the market and control of tobacco products, contain combined warnings and detailed rules for the application of the health-protection fine will be a leap 
forward to achieve positive impact on the smoking prevalence in Hungary and enhance 
health protection of the population. 
The ground and reason of introduction of plain packaging: 
The guidelines for implementation of Articl es 11 and 13 of the WHO Framework Convention 
on Tobacco Control (FCTC) (Packaging and labelling of tobacco products) propose considering the introduction of requirements for the standardisation of the packaging of tobacco products. 
The guidelines for implementation of Arti cle 11 of the WHO Framework Convention on 
Tobacco Control (Packaging and labelling of tobacco products) state the following regarding plain packaging: 
"Parties should consider adopting measures to restrict or prohibit the use of logos, colours, 
brand images or promotional information on packaging other than brand names and product names displayed in a standard colour and font style (plain packaging). This may 
increase the noticeability and effectiveness of health warnings and messages, prevent the 
package from detracting attention from them, and address industry package design techniques that may suggest that some products are less harmful than others." 
According to the guidelines for implementa tion of Article 13 of the WHO Framework 
Convention on Tobacco Control (Tobacco advertising, promotion and sponsorship): 
The effect of advertising or promotion on pa ckaging can be eliminated by requiring plain 
packaging: black and white or two other contrasting colours, as prescribed by national 
authorities; nothing other than a brand name, a product name and/or manufacturer's 
name, contact details and the quantity of product in the packaging, without any logos or other features apart from health warnings, tax stamps and other government-mandated 
information or markings; prescribed font style and size; and standardised shape, size and 
materials. There should be no advertising or promotion inside or attached to the package or on individual cigarettes or other tobacco products. The Directive also enables Member States to introduce requirements in relation to plain packaging. Tobacco products are in 
and of themselves capable of influencing cons umption; therefore plain packaging may play 
a vital role. G/TBT/N/HUN/31 
 
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  Plain packaging helps reduce smoking: it pr events cigarette packets and roll-your-own 
tobacco pouches from being used as mobile advertisements to influence smokers, non-smokers and young people. 
The health warnings on packaging exert a greater impact if they are more visible on a 
plain background.  
Plain or standardised packaging will limit mislea ding perceptions such as that light coloured 
packaging is less harmful or that brands differ in terms of their harmfulness.  
With plain packaging, the impact of health warnings combined with images improves, the 
proportion of potential misunderstandings regarding tobacco products decreases, 
particularly the significance of marketing impacts on young people and young adults. 
The introduction of plain packaging could lead  to further reduction in the prevalence of 
smoking. 
8. Relevant documents: Government Decree 39/2013 (of 14 February 2013) on the 
Manufacture, Placement on the Market and Control of Tobacco Products, Combined Warnings and the Detailed Rules for the Application of the Health-Protection Fine 
9. Proposed date of adoption: After 22 March 2016 
Proposed date of entry into force: 20 May 2016  
10. Final date for comments: 22 March 2016 
11. Texts available from: Nati onal enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:  
Hungarian Technical Notification Centre and TBT Contact Point 
Ministry of Justice  
Budapest,  
Kossuth tér 2-4. H-1055 
Tel: (361) 795-5733 
E-mail: technicalnotification@im.gov.hu   
or web-site address (n otification 2015/529/HU): 
http://ec.europa.eu/growth/tools-
databases/tris/en/search/?trisaction=search.detail&year=2015&num=529