G/TBT/N/EU/507  
 
12 September 2017  
(17-4798) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member: EUROPEAN UNION   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible: European Commission  
Name and address (including telephone 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:   
European Commission,  
EU-TBT Enquiry Point,  
Fax: +(32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/en/   
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 applicabl e, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): Tobacco 
Products; HS Headings 2402 (Cigars, cheroots, cigarillos, of tobacco or of tobacco 
substitutes); 2403 (Other manufactured tobacco substitutes; 'homoge nised' or 
'reconstituted' tobacco; tobacco extracts and essences)  
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 2403).  
5. Title, number of pages and language(s) of the notified document: Draft 
Commission Implementing Decision on technical standards for security features applied to 
tobacco products (and its accompanying annex) (6+3 pages, in English)    
6. Description of content: This draft Commission Implementing Decision lays down 
technical standards for the security features to be applied to unit packets of tobacco 
products placed on the market in the EU.  
Directive 20 14/40/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 featur es 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 p roducts from 20 May 2024.  G/TBT/N/EU/507  
 
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  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 Im plementing 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, a s 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.  
7. Objective and rationale, including the nature of urgent problems where 
applicable: Protection of public health ; Improving the harmonization of the internal 
market  
8. Relevant documents:   
Directive 2014/40/EU of the European Parliament and of the Council o f 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  
http://eur -lex.europa.eu/legal -
content/EN/TXT/?qid=1504597611185&uri=CELEX:32014L0040   
9. 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)  
10. Final date for comments: 60 days from notification  
11. Texts available from: National enquiry point [  ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
European Commission,  
EU-TBT Enquiry Point,  
Fax: + (32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
The text is available on the EU -TBT Website: http://ec.europa.eu/growth/tools -
databases/tbt/en/  
https://members.wto.org/crnattachments/2017/TBT/EEC/17_3953_00_e.pdf  
https://membe rs.wto.org/crnattachments/2017/TBT/EEC/17_3953_01_e.pdf