G/TBT/N/EU/505  
 
12 September 2017  
(17-4796) 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 applicable, 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 (Oth er manufactured tobacco substitutes; 'homogenised' 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 Regulation on technical standards for the establishment and 
operation of a traceability system for tobacco products (and its accompanying annexes) 
(25+4+32 pages, in English)    
6. Description of content: This draft Commission Implementing Regulation lays down 
technical standards for the establishment, operation an d interoperability of an EU -wide 
traceability system for tobacco products.  
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 15, for the establishment of a 
traceability system for tobacco products according to which all unit packets of tob acco 
products produced in, destined for or placed on the EU market are to be marked with a 
unique identifier and their movements tracked and traced throughout the supply chain 
(from the manufacturer until the last level before the retail outlet).  
The provi sions of Article 15 shall apply to cigarettes and roll -your-own tobacco products 
from 20 May 2019 and to all other tobacco products from 20 May 2024.  G/TBT/N/EU/505  
 
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  Article 15(11) of Directive 2014/40/EU requires the Commission to determine, by means of 
implementing acts , technical standards for the establishment, operation and 
interoperability of the traceability system. The Commission is seeking to fulfil this 
obligation via the current draft Implementing Regulation.  
The draft Commission Implementing Regulation should be read in conjunction with draft 
Commission Delegated Regulation on key elements of data storage contracts to be 
concluded as part of a traceability system for tobacco products, as well as draft 
Commission Implementing Decision on technical standards for security features applied to 
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; I mproving the harm onization of the internal 
market  
8. Relevant documents:   
ISO/IEC 15459 -2:2015; ISO 6346:1995; ISO/IEC 16022:2006; ISO/IEC 18004:2015; 
ISO/IEC 15417:2007; ISO/IEC 15415:2011; ISO/IEC 15416:2016; ISO6346:1995;  
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 
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 t ext 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_3951_00_e.pdf  
https://members.wto.org/crnattachments/2017/TBT/EEC/17_3951_01_e.pdf  
https://members.wto.org/crnattachments/2017/TBT/EEC/17_3951_02_e.pdf