G/TBT/N/EU/290  
 
19 June 2015  
(15-3178)  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 [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 language(s) of the notified document: Draft Commission 
Implementing Decision on the precise position of the general warning and the information message on roll-your-own tobacco marketed in pouches (4 pages plus Annex 5 pages, in 
English) 
6. Description of content: This draft Commission Implementing Decision establishes the 
position of the general warning and informat ion message on roll-your-own (RYO) tobacco 
marketed in pouches.  
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 9, that general warnings ("smoking 
kills" or "smoking kills – quit now") and information messages ("tobacco smoke contains 
over 70 substances known to cause cancer") sh all be put on roll-your-own (RYO) packages 
and cover 50% on the surfaces on which they  are placed. The exact positioning of these 
warnings is not set out in the Directive and should be established through implementing 
legislation. The Directive will need to be transposed into national legislation by 20 May 
2016. 
The draft Decision lays down rules for the positions of the warnings on the three main 
forms of RYO pouches: wraparound pouches, flat bottomed pouches and standing pouches. 
For wraparound pouches and flat bottomed po uches, the general warning and information 
message should be positioned on the two surfaces which become visible when the packages are fully opened.  
In order to allow Industry additional time to adapt their packages to the requirements of 
this Decision, a grace period of two years will  be granted to manufacturers of wraparound 
pouches in laminate material. This will mean that they may put the information message G/TBT/N/EU/290 
 
- 2 - 
 
  on the surface that becomes visible when th e package is partly opened and the general 
warning on the bottom surface that becomes vi sible when the package is fully opened until 
May 2018. 
For standing pouches, the warnings should be placed on the surfaces at the bottom of the 
pouch. 
7. Objective and rationale, including the nature of urgent problems where 
applicable: Ensure uniform application of the Tobacco Products Directive 2014/40/EU 
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: End of 3rd quarter or 4th quarter of 2015 
Proposed date of entry into force: The provisions shall enter into force immediately 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/2015/TBT/EEC/15_2389_00_e.pdf  
https://members. wto.org/crnattachments/2015/TBT/EEC/15_2389_01_e.pdf