G/TBT/N/EU/223  
 
21 July 2014  
(14-4191)  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:  eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/enterprise/tbt/  
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, where applicable): Tobacco products 
5. Title, number of pages and langua ge(s) of the notified document: Draft Commission 
Delegated Directive amending Annex II to Directive 2014/40/EU of the European Parliament and of the Council by Establishing the Library of Picture Warnings to be Used on Tobacco 
Products (4 pages and Annex 5 pages, in English) 
6. Description of content: This draft Commission Delegated Directive amends Annex II to 
Directive 2014/40/EU of the European Parliame nt and of the Council by establishing the 
library of picture warnings to be used on 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 for, in Article 10(1), the mandatory use of combined health warnings on tobacco products for smoking. However, Member States may exempt tobacco 
products for smoking other than cigarettes, roll your own tobacco and waterpipe tobacco 
from the obligation to carry the combined health warnings in line with the provisions of Article 11(1). The combined health warnings should contain inter alia one of the text 
warnings listed in Annex I and a corresponding colour photograph specified in the picture 
library in Annex II. In line with Article 10(2) the combined health warnings should be grouped into three sets as set out in Annex II and each set should be used in a given year and rotated on an annual basis. In line with Article 10(3)(b) the picture library should be 
established via a delegated act. Subsequently, the picture library should be inserted as 
Annex II into Directive 2014/40/EU. In order to use the combined health warnings on tobacco products for smoking, it needs to be ensured that they comply with Article 10 of 
Directive 2014/40/EU. This provides for, inter alia, the insertion of cessation information 
by the Member States. Furthermore, Directive 2014/40/EU empowers the Commission to adopt implementing acts to define the technical specifications for the layout, design and 
shape of the combined health warnings, taking into account the different packet shapes. 
Those implementing acts are to be adopted in due course.  G/TBT/N/EU/223 
 
- 2 - 
 
  7. Objective and rationale, including the nature of urgent problems where applicable: 
Improving the harmonization of the internal market in the EU, protection of public health. 
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 repealin g Directive 2001/37/EC (OJ L 127, 29/04/2014, 
p. 1–38) 
http://eur-lex.europa.eu/legalcontent/ EN/TXT/PDF/?uri=CELEX:32014L0040&rid=1  
9. Proposed date of adoption:   September/October 2014 
Proposed date of entry into force:   20 days from publication in  the Official Journal of the 
EU (the provisions shall apply from 20 May 2016)   
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:  eu-tbt@ec.europa.eu  
The text is available on the EU-TBT Website :  http://ec.europa.eu/enterprise/tbt/  
http://members.wto.org/crnattachments/2014/tbt/eec/14_3241_00_e.pdf  
http://members.wto.org/crnattachments/2014/tbt/eec/14_3241_01_e.pdf