G/TBT/N/EU/342  
 
27 January 2016  
(16-0539)  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 [X], 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 language(s) of the notified document: Draft Commission 
Implementing Decision laying down the procedure for the establishment and operation of an independent advisory panel assisting Member States and the Commission in determining 
whether tobacco products have a characte rising flavour (11 pa ges, 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 (TPD) sets out, in Article 7(1), a ban of tobacco products with characterising flavours, i.e. a clearly noticeable 
smell or taste other than tobacco.  
In this context, Article 7(4) of the TPD empowers the Commission to establish an 
independent advisory panel. The Commission is required to lay down, via an implementing 
act, the procedures for the establishment and operation of this independent advisory panel 
assisting the Commission and Member States in determining whether tobacco products have characterising flavours. The procedures for establishing and operating this panel are 
set out in the attached draft Commission Implementing Decision.  
Directive 2014/40/EU will need to be transposed into national legislation by 20 May 2016. 
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. G/TBT/N/EU/342 
 
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  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 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: 2nd quarter 2016 
Proposed date of entry into force: The provisions shall enter into force 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/2016/TBT/EEC/16_0317_00_e.pdf