# CI2021089EN.01000101.xml

| 16.3.2021 | EN | Official Journal of the European Union | CI 89/1 |
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16.3.2021

EN

Official Journal of the European Union

CI 89/1

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COMMISSION DECISION

of 11 March 2021

approving a methodology for the technical assessment of test products assisting in determining tobacco products with a characterising flavour

(2021/C 89 I/01)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Commission Implementing Decision (EU) 2016/786 of 18 May 2016 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 characterising flavour (1), and in particular Article 9(2) thereof,

Whereas:

| (1) | Directive 2014/40/EU of the European Parliament and of the Council (2) prohibits the placing on the market of tobacco products (cigarettes and roll-your-own tobacco) with characterising flavours. |
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(1)

Directive 2014/40/EU of the European Parliament and of the Council (2) prohibits the placing on the market of tobacco products (cigarettes and roll-your-own tobacco) with characterising flavours.

| (2) | Commission Implementing Regulation (EU) 2016/779 (3) laid down uniform rules as regards the procedures for determining whether a tobacco product has a characterising flavour. |
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(2)

Commission Implementing Regulation (EU) 2016/779 (3) laid down uniform rules as regards the procedures for determining whether a tobacco product has a characterising flavour.

| (3) | In accordance with Implementing Decision (EU) 2016/786, the independent advisory panel (‘the panel’) shall specify and, as appropriate, update the methodology for the technical assessment of tobacco products referred to it by a Member State or the Commission for an opinion as to whether or not they have a characterising flavour. |
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(3)

In accordance with Implementing Decision (EU) 2016/786, the independent advisory panel (‘the panel’) shall specify and, as appropriate, update the methodology for the technical assessment of tobacco products referred to it by a Member State or the Commission for an opinion as to whether or not they have a characterising flavour.

| (4) | At its meeting of 24 June 2020, the panel has adopted a ‘Methodology to support the decision whether a tobacco product has a characterising flavour’, to which some minor editorial amendments were made on 2 September 2020. |
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(4)

At its meeting of 24 June 2020, the panel has adopted a ‘Methodology to support the decision whether a tobacco product has a characterising flavour’, to which some minor editorial amendments were made on 2 September 2020.

| (5) | In accordance with Article 9(2) of Implementing Decision (EU) 2016/786 the methodology for the technical assessment of test products for the purpose of determining whether those tobacco products have a characterising flavour is to be submitted to the Director-General for approval and is only applicable after such approval has been given, |
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(5)

In accordance with Article 9(2) of Implementing Decision (EU) 2016/786 the methodology for the technical assessment of test products for the purpose of determining whether those tobacco products have a characterising flavour is to be submitted to the Director-General for approval and is only applicable after such approval has been given,

HAS DECIDED AS FOLLOWS:

Sole Article

The methodology for the technical assessment of test products, assisting in determining tobacco products with a characterising flavour, set out in the Annex to this Decision is hereby approved.

Done at Brussels, 11 March 2021.

For the Commission

Sandra GALLINA

Director-General

Directorate-General for Health and Food Safety

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(1)  OJ L 131, 20.5.2016, p. 79.

1

(2)  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 (OJ L 127, 29.4.2014, p. 1).

2

(3)  Commission Implementing Regulation (EU) 2016/779 of 18 May 2016 laying down uniform rules as regards the procedures for determining whether a tobacco product has a characterising flavour (OJ L 131, 20.5.2016, p. 48).

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ANNEX

Methodology for the technical assessment of test products assisting in determining tobacco products with a characterising flavour

Application to cigarettes and roll-your-own products

Approved by Independent Advisory Panel on characterising flavours in tobacco products at the 21st meeting held on 24 June 2020, minor editorial amendments were made on the 2nd September 2020

| This report provides the consolidated methodology to support the decision whether a tobacco product has a characterising flavour. This methodology is prepared by the Independent Advisory Panel on characterising flavours in tobacco products, taking into consideration the input from the Technical Group (Commission Implementing Decision (EU) 2016/786 of 18 May 2016) and the best available practices in this field.
  In line with Article 19 of Implementing Decision (EU) 2016/786, the Commission will publish the methodology on the following dedicated website and provide a link to this website from the register of expert groups.
  See https://ec.europa.eu/health/tobacco/products/characterising_flavours/panel_en and https://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetail&groupID=3452&NewSearch=1&NewSearch=1 for more information. |
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This report provides the consolidated methodology to support the decision whether a tobacco product has a characterising flavour. This methodology is prepared by the Independent Advisory Panel on characterising flavours in tobacco products, taking into consideration the input from the Technical Group (Commission Implementing Decision (EU) 2016/786 of 18 May 2016) and the best available practices in this field.

In line with Article 19 of Implementing Decision (EU) 2016/786, the Commission will publish the methodology on the following dedicated website and provide a link to this website from the register of expert groups.

See https://ec.europa.eu/health/tobacco/products/characterising_flavours/panel_en and https://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetail&groupID=3452&NewSearch=1&NewSearch=1 for more information.

DISCLAIMER

The reports/opinions of the Independent Advisory Panel on characterising flavours in tobacco products (IAP) present the views of the independent scientists who are members of IAP. The reports/opinions are published by the European Commission in the original language only.

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