G/TBT/N/EU/303
5 August 2015 
(15-4024)  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 with 
a characterising flavour 
5. Title, number of pages and language(s) of the notified document: Draft Commission 
Implementing Regulation laying down uniform rules for the procedures for determining 
whether a tobacco product has a characterising flavour (8 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 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.  
Uniform rules for the procedures for determining whether a tobacco product has a 
characterising flavour shall be laid down by implementing legislation (c.f. Article 7(3) of 
Directive 2014/40/EU). These uniform rules for the procedures are set out in the notified 
draft Regulation. 
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.  
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  G/TBT/N/EU/303 
 
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  9. Proposed date of adoption: Last 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_3036_00_e.pdf