EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
[…](2015) XXX  draft 
  
COMMISSION IMPLEMENTING DECISION 
of XXX  
on the precise position of the general warn ing and the information message on roll-your-
own tobacco  marketed in pouches  
  
EN 2   EN COMMISSION IMPLEMENTING DECISION 
of XXX  
on the precise position of the general warn ing and the information message on roll-your-
own tobacco marketed in pouches  
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2014/40/EU of the Eu ropean Parliament and of the Council of 3 
April 2014 on the approximation of the laws, regul ations and administrative provisions of the 
Member States concerning the manufacture, pres entation and sale of tobacco and related 
products and repeali ng Directive 2001/37/EC
1, and in particular Article 9(6) thereof, 
Whereas: (1) Directive 2014/40/EU establishes new rule s on health warnings to be placed on 
tobacco products for smoking including gene ral warnings and information messages, 
and specifies in particular that both ar e to cover 50  % of the surfaces on which they are 
printed. The exact positioning of these warn ings on roll-your-own tobacco marketed in 
pouches should be established. Pouches may either take the form of a rectangular 
pocket with a flap that cove rs the opening (‘rectangular  pouch’) or a standing pouch. 
(2) Rectangular pouches may either take the form  of a pouch with a wraparound flap or a 
flat-bottomed pouch with a fold-over fla p. Many of these pouches are made of a 
transparent plastic cover with a paper inse rt on which the health warnings can be 
printed. In some cases, pouches with a wrapar ound flap are made of  polyethylene or 
laminate material which, according to the industry, would need to be redesigned in 
order to allow printing on both sides of the flap, in particular if the pouch is not 
multilayer.  
(3) In order to ensure that health warni ngs are positioned in the same place on all 
rectangular pouches and that the general wa rning and information message are easily 
visible, they should be printed on the su rfaces that become visible when the unit 
packet is fully opened. 
(4) For packets made of polyethylene or lamina te material where there is a risk of ink 
migration if the inside of the wraparound fl ap is printed, it s hould be allowed for a 
transitional period to reposition the general warning and information message, in order 
to avoid printing on surfaces that come into  direct contact with tobacco. This should 
allow the industry sufficient time to adapt their production process to the new rules. 
The costs associated with these adaptations are not considered disproportionate in the 
light of the advantages  in terms of improved visibility of the warnings when the packet 
is fully opened. 
(5) The most appropriate positioning for the general warning and information message on 
standing pouches is on the surfaces at the bottom of the pouch, in  particular as the 
inside surfaces ar e obscured by the cont ents of the pouch . 
                                                
 
1 OJ L 127, 29.4.2014, p. 1.  
EN 3   EN (6) The dimension of the warnings are to be calcu lated in relation to the dimensions of the 
surfaces when the packet is closed, in accordance with Article 8(5) of Directive 
2014/40/EU. 
(7) The measures provided for in this Decision are in accordance with the opinion of the 
Committee referred to in Article  25 of Directive 2014/40/EU, 
HAS ADOPTED THIS DECISION: 
Article 1 
Subject matter 
 
This Decision establishes rules on the precise positioning of general wa rnings and information 
messages on roll-your-own tobacco marketed in pouches.  
Article 2 
Position of the general warning and the in formation message on rectangular pouches  
 
1. For roll-your-own tobacco in rectangular pocke ts with a flap that covers the opening 
(‘rectangular pouches’), the general warning and information message shall be printed on the 
two surfaces which become visible when the un it packet is fully opened, as illustrated in 
Sections 1 and 2 of the Annex. 
The general warning and information message sh all be positioned at th e top edge and shall 
cover 50 % of the respective surfaces on which they ar e printed, as illustrated in Sections 1 
and 2 of the Annex. 
The general warning shall be  printed on the top surface. 
2. By way of derogation from paragraph 1, until 20 May 2018, the following rules shall apply 
to roll-your-own tobacco in rectangular wraparound pouches made of polyethylene or 
laminate material, as illustrate d in Section 3 of the Annex: 
(a) the information message may be positio ned on the surface that becomes visible 
when the unit packet is partly unwrapped; 
(b) the general warning may be positioned on the bottom surface, which becomes 
visible when the unit packet is fully opened; 
(c) the inside of the flap, which becomes vi sible when the unit packet is fully opened, 
shall not be printed upon or  used in any other way; 
(d) the general warning and information message  shall be positioned at the top edge of 
the respective surfaces on which they are printed. 
Article 3 
Position of the general warning and the information message on standing pouches  
 
1. For roll-your-own tobacco in standing pou ches, the general warning and information 
message shall be positioned on the surfaces on the bottom of the standing pouch that becomes  
EN 4   EN visible when the pouch is laid on its back (‘base of the unit packet’), as illustrated in Section 4 
of the Annex. 
2. The general warning shall be printed on the surface above the crease on the base of the unit 
packet and the information message on the surf ace below the crease. Th e general warning and 
information message are to cover 50  % of the respective surfaces on which they are printed.  
The area of these surfaces shall be calculated using their dimensions before the edges are 
sealed.  
Article 4 
Transitional provision 
 
Roll-your-own tobacco in pouches manufactured or  released for free circulation until 20 May 
2018 and labelled with a general wa rning and information message in accordance with Article 
2(2) may be placed on the market until 20 May 2019. 
Article 5 
Addressees 
This Decision is addressed to the Member States. 
Done at Brussels, 
 For the Commission 
 The President