G/TBT/N/EU/305
5 August 2015 
(15-4029)  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 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 : 
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/   
3. Notified under Article 2.9.2 [ ], 2. 10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other: This notification 
does not prejudge the legal status of the notified measure under the TBT Agreement or the 
nature of the measure itself.  
4. Products covered (HS or CCCN where applic able, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable): Nicotine-containing 
electronic cigarettes and refill containers  
5. Title, number of pages and language(s) of the notified document: Draft Commission 
Implementing Decision establishing a common format for the notification of electronic cigarettes and refill containers (5 pages + Annex 9 pages, in English) 
6. Description of content: 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 sets out, in Article 20(2), 
new notification requirements for manufacturers and importers of electronic cigarettes and refill containers. In particular, manufacturers and importers must submit detailed 
information on these products to the competent authorities of the Member States in which 
they intend to place them on the market.  
A common format for notifying this information shall be laid down by implementing 
legislation (c.f. Article 20(13) of Directive 2014/ 40/EU). The format for this notification is 
set out in the notified draft Decision. 
7. Objective and rationale, including the nature of urgent problems where 
applicable: Improving the functioning of the EU internal market while ensuring a high 
level of health protection. 
8. Relevant documents: 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 (Text with EEA G/TBT/N/EU/305 
 
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  relevance), OJ L 127, 29/04/2014, p. 1–38 http://eur-lex.europa.eu/legal-
content/EN/TXT/?qid=1398761379066&uri=OJ:JOL_2014_127_R_0001   
9. Proposed date of adoption: Last quarter of 2015 
Proposed date of entry into force: The provisions shall enter into force immediately after 
adoption   
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 Website: http://ec.europa.eu/growth/tools-databases/tbt/   
https://members. wto.org/crnattachments/2015/TBT/EEC/15_3038_00_e.pdf   
https://members. wto.org/crnattachments/2015/TBT/EEC/15_3038_01_e.pdf