G/TBT/N/DEU/15  
 
17 June 2016  
(16-3312)  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: GERMANY 
If applicable, name of local government involved (Article 3.2 and 7.2):  
2. Agency responsible: 
Federal Ministry of Food and Agriculture  
Unit 223  
Wilhelmstraße 54, 10117 Berlin, Germany 
00 49 (0) 30 18529-0 
00 49 (0) 18529 4262 http://www.bmel.bund.de  
poststelle@bmel.bund.de  
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 
manufactured tobacco substitutes 0424-2012E 
5. Title, number of pages and language(s) of the notified document: Draft Second 
Ordinance amending the Tobacco Products Ordinance (18 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 is to be transposed by 
20 May 2016 into national law. The Directive is transposed into German Law by the Tobacco Products Act of 4 April 2016 and the Tobacco Products Ordinance enacted on the 
basis of this Act of 27 April 2016.  
In accordance with Article 7(6), in conjuncti on with Article 20(3c) of Directive 2014/40/EU, 
tobacco products, electronic cigarettes and refill containers containing the following 
additives may not be placed on the market: 
 vitamins or other additives that create the impression that a tobacco product, 
electronic cigarette or refill container has a health benefit or presents reduced health risks 
 caffeine or taurine or other additives and stimulant compounds that are associated 
with energy and vitality 
 additives having colouring properties for emissions 
 in the case of tobacco products for smoking, electronic cigarettes and refill 
containers: additives that facilitate inhalation or nicotine uptake 
 additives that have CMR properties in unburnt form G/TBT/N/DEU/15 
 
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  The additives specifically prohibited are listed in Annexes 1 and 2 of the Ordinance. 
Furthermore, the Draft Second Ordinance ammending Tobacco Products Ordinance 
provides for regulations to nicotine-free cigarettes and refill containers. 
7. Objective and rationale, including the nature of urgent problems where 
applicable: The additives specifically prohibited under Article 7 (6), also in conjunction 
with Article 20 (3) (c) of Directive 2014/40/EU must be specified by the Member States.  
The regulations relating to nicotine-free electronic cigarettes and refill containers were 
necessary as a result of the inclusion of nicotine-free electronic cigarettes and refill 
containers in the regulation through the Act amending the Tobacco Products Act.  
8. Relevant documents: Tobacco Products Act (BGBl. I S. 569), Tobacco Products Ordinance 
(BGBl. I S. 980) 
9. Proposed date of adoption: 6 month after date of notication 
Proposed date of entry into force: 6 month after date of notication   
10. Final date for comments: 60 days from notification 
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:  
Federal Ministry of Food and Agriculture 
Unit 223  
Wilhelmstraße 54, 10117 Berlin, Germany +49 (0) 30 18529-0 
+49 (0) 18529 4262 
poststelle@bmel.bund.de   
https://members. wto.org/crnattachments/2 016/TBT/DEU/16_2388_00_e.pdf