EN Official Journal of the European Union CE 70/251

(2004/C 70 E/270)

WRITTEN QUESTION E-3272/03

by Marianne Thyssen (PPE-DE) to the Commission

(5 November 2003)

Subject: Transition period for the sale of cigarettes

Article 14 of Directive 2001/37/EC (1) on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products lays down that Member States must transpose the directive into national law by 30 September 2002 at the latest. Products which do not comply with the provisions of the directive may, however, continue to be marketed for one year after that date, i.e. until 30 September 2003.

In Belgian legislation this time limit for the sale and distribution of cigarettes that do not comply with the directive is meticulously observed. I have heard, however, that the legislation in Germany, Luxembourg, France and Portugal allows longer transition periods than those laid down in the directive. As a result, there are cigarette packets in circulation in those countries which do not comply with the directive.

Can the Commission tell me whether these reports are true? If so, what steps has the Commission taken to counteract this infringement?

Answer given by Mr Byrne on behalf of the Commission

(8 December 2003)

The Commission fully shares the concerns of the Honourable Member with regard to the implementation of Directive 2001/37/EC (2) of the Parliament and of the Council of 5 June 2001, on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products, and in particular with regard to the implementation of the provision related to health warnings.

According to Article 14 (1) of the Directive, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 2002. However, the time limits for its application vary according to the different provisions. With regard to the labelling provisions, and in particular those related to health warnings, Article 14 (2) of the Directive provides that products which do not comply with the provisions of the Directive may continue to be marketed for one more year after the date referred to in 14 (1). After this date (30 September 2003), all cigarette packages in circulation must be in accordance with the Directive. In addition, Article 14 (3) sets 30 September 2004 as the expiry date for the transitional period for tobacco products other than cigarettes.

Article 14 (1) also provides that Member States shall inform the Commission about the transposition of the Directive into their national legislation. In November 2002, the Commission addressed formal notices to Member States that had not yet communicated their national measures transposing the Directive within the deadline of 30 September 2002, and it has launched infringement proceedings against those Member States that did not provide the requested information.

To date all Member States have notified to the Commission their measures transposing the Directive. The latest notifications were received only in October 2003. The Commission is now in the process of assessing the compliance of these measures with the provisions of the Directive. In cases where the Directive is not transposed properly, it will take the necessary steps and where necessary start an infringement proceeding.

The enforcement of national measures implementing the Directive is the responsibility of the Member States.

(1) OJ L 194, 18.7.2001, p. 26.

(2) OJ L 194, 18.7.2001, p. 26.