2003/641/EC: Commission Decision of 5 September 2003 on the use of colour photographs or other illustrations as health warnings on tobacco packages (Text with EEA relevance) (notified under document number C(2003) 3184)
Date: 2003-09-05
Institutions: European Commission
Subjects: consumer information, health policy, labelling, preparation for market, public health, tobacco, visual arts

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on the use of colour photographs or other illustrations as health warnings on tobacco packages

COMMISSION DECISION

of 5 September 2003

(notified under document number C(2003) 3184)

(Text with EEA relevance)

(2003/641/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

photographs or other illustrations can be an effective
means of discouraging smoking and informing citizens
about the health risks related to smoking. The use of
photographs on tobacco packages therefore is a key
element of a comprehensive and integrated tobacco
control policy.

Having regard to Directive 2001/37/EC of the European Parlia-
ment 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
tobacco products (1), and in particular Article 5(3)
sale of
thereof,

(6)

Given the cultural diversity existing across the European
Union, a choice of several colour photographs or other
illustrations should be made available for each of the
additional warnings listed in Annex I to Directive 2001/
37/EC.

Whereas:

(1)

(2)

According to Directive 2001/37/EC each unit packet of
tobacco products, except for tobacco for oral use and
other smokeless tobacco products, and any outside
packaging, with the exception of additional transparent
wrappers, must carry a general warning and an addi-
tional warning taken from the list set out in Annex I to
that Directive.

Member States can decide whether health warnings in
the form of colour photographs or other illustrations are
required on the packages of some or all types of tobacco
for tobacco for oral use and other
products, except
smokeless tobacco products.

(3) Where Member States require additional warnings in the
form of colour photographs or other illustrations these
must be in accordance with the rules to be adopted by
the Commission.

(4)

Directive 2001/37/EC has
introduced new labelling
provisions which significantly change the aspect of
tobacco packets, in particular as far as the size of the
warning texts
and their graphical presentation is
concerned. In order to take maximum advantage of the
visual impact achieved with this new design, it should
remain unchanged for a certain length of time before
colour photographs or other illustrations are introduced.

(5)

As research and experience in other countries which
have adopted health warnings with colour photographs
has proved, health warnings which include colour

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

(7) Where Member States require health warnings in the
it
form of colour photographs or other illustrations,
should be ensured that these visual elements are not
concealed or otherwise impaired.

(8) Where Member States require health warnings in the
form of colour photographs or other illustrations, transi-
tional periods should be provided for in order to allow
for the necessary changes in the production and packa-
ging process for tobacco products and for the disposal
irremovable labels should be
of stocks. The use of
allowed for tobacco products other than cigarettes.

(9)

The introduction of picture-based warnings needs to be
monitored and its effectiveness periodically assessed.

(10)

The measures provided for in this Decision are in accor-
dance with the opinion delivered by the Committee set
up under Article 10 of Directive 2001/37/EC,

HAS ADOPTED THIS DECISION:

Article 1

Subject matter and scope

1.
This Decision establishes rules for the use on tobacco
packages of colour photographs or other illustrations to depict
and explain the health consequences of smoking.

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This Decision shall apply to those Member States that
2.
decide to use colour photographs or illustrations together with
the additional warnings required by Directive 2001/37/EC on
the packages of some or all types of tobacco products, except
for packages containing tobacco for oral use and other smoke-
less tobacco.

3. Where Member States require health warnings in the
form of colour photographs or other illustrations, these shall
be in accordance with the rules established by this Decision.

Article 2

Definitions

For the purposes of this Decision, the definitions in Article 2 of
Directive 2001/37/EC shall apply.

The following definitions shall also apply:

1.

2.

3.

4.

‘tobacco package’ means any form of unit packet and any
outside packaging used in the retail
tobacco
products, with the exception of additional transparent wrap-
pers;

sale of

‘additional warning’ means any of the warnings referred to
in Article 5(2)(b) and in Annex I to Directive 2001/37/EC;

‘source document’ means any of the electronic files made
available by the Commission which contains a combined
warning;

‘combined warning’ means the warning consisting of a
photograph or other illustration and the corresponding text
of the additional warning provided for in Article 5(2)(b) and
in Annex I to Directive 2001/37/EC, as contained in each
source document.

Article 3

Library of source documents

By 30 September 2004 at the latest, the Commission shall
1.
provide a library of pre-tested source documents in order to
make available a choice of several photographs or other illus-
trations for each of the additional warnings listed in Annex I to
Directive 2001/37/EC.

The source documents shall be made available by the
2.
Commission on request. The
for
printing shall be made available by the Commission and shall
not be modified in any way.

specifications

technical

The Commission shall be assisted by scientific and tech-

3.
nical experts in preparing the library of source documents.

4.
The selected source documents shall be submitted, for
opinion, to the Committee established under Article 10 of
Directive 2001/37/EC.

Article 4

Use of the combined warnings

1. Where Member States require health warnings in the
tobacco
form of colour photographs or other illustrations,
packages for which such photographs are required shall carry a

combined warning taken exclusively from the source docu-
ments provided by the Commission, without any changes to
any of its components.

Member States may choose the source documents best adapted
to consumers in their countries.

2.

The combined warnings shall:

(a) be rotated in such a way as to guarantee the regular

appearance of all of the additional warnings;

(b) be printed on the other most visible surface of the tobacco
package, respecting the format and proportions of
the
source document and the graphical integrity of the picture
and the text;

(c) occupy the entire area reserved for the additional health
warning, and be positioned parallel to the top edge of the
package, and in the same direction as the other information
on the package;

(d) be reproduced in accordance with the technical specifica-
tions for printing to be made available by the Commission;

(e) be surrounded by a black border not less than 3 mm and
not more than 4 mm in width which in no way interferes
with any textual or visual element of
the combined
warning.

3.
The combined warning shall cover not less than 40 % of
the external area of the other most visible surface of the unit
packet of tobacco. That proportion shall be increased to 45 %
languages and 50 % for
for Member States with two official
Member States with three official languages.

However,
in the case of unit packets intended for products
other than cigarettes, the most visible surface of which exceeds
75 cm2, the combined warning shall cover an area of at least
22,5 cm2 of the other most visible surface. That area shall be
increased to 24 cm2
for Member States with two official
languages and 26,25 cm2 for Member States with three official
languages.

4.
In the case of tobacco products other than cigarettes, the
combined warnings may be affixed as stickers, provided that
such stickers are
the
combined warnings on the stickers shall be in accordance with
the technical specifications for printing made available by the
Commission.

irremovable. The

reproduction of

5. Member States may stipulate that the combined warnings
are to be accompanied by a reference, outside the box for
warnings, to the issuing authority. Moreover, if Member States
so require, the combined warnings may include other visual
elements, such as logos with or without smoking cessation
phone numbers, e-mail addresses and/or Internet sites designed
to inform consumers about the authorities issuing the warning
and the programmes available to support those who want to
stop smoking.

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Except for the cases provided for in paragraph 5, the
6.
combined warnings shall not be commented on, paraphrased
or referred to in any form on the tobacco package.

Article 5

Visual integrity of the combined warnings

1.

The combined warnings shall:

(a) be irremovably printed, indelible and in no way hidden or
interrupted by other written or pictorial matter or by the
opening of the packet. The printing of the combined warn-
ings on the tax stamps or price marks of unit packets shall
be prohibited;

(b) be displayed in a manner that ensures that none of the
textual or visual elements of the combined warnings will be
severed when the package is opened.

2. Where Member States decide to require the use of
combined warnings on tobacco packages, they shall adopt the
necessary rules to prevent the use of any type of wrapper,
pouch,
jacket, box or other device from partially or entirely
hiding or interrupting the combined warnings or any of their
elements.

3.
Tax stamps or price marks shall not be placed in a way
that partially or entirely hides or interrupts the combined warn-
ings or any of their elements.

The references or other elements mentioned in Article
the

impede the visualisation of

4.
4(5) shall not hinder or
combined warnings.

Article 6

Implementation

Where Member States decide to require the use of combined
warnings on tobacco packages, they shall adopt and publish
the provisions necessary to comply with this Decision.

They shall apply those provisions at the earliest from 1 October
2004.

Those provisions shall provide for adequate transitional periods
in order to allow for the necessary changes in the production
and packaging process for
the
disposal of stocks, in particular as regards small and medium
enterprises.

tobacco products and for

When Member States adopt those provisions, they shall contain
a reference to this Decision or shall be accompanied by such
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

Member States shall communicate to the Commission the text
of the provisions of national law which they adopt in the field
covered by this Decision and inform the Commission every
two years of their implementation. This information should
include an impact assessment with specific reference to
consumer habits, and with a particular focus on children and
young people.

Article 7

Reporting and adaptations

1.
By 30 September 2006 at the latest, and every two years
thereafter, the Commission shall report to the Committee estab-
lished under Article 10 of Directive 2001/37/EC on the imple-
mentation of
this Decision. The information received from
Member States pursuant to the fourth paragraph of Article 6 of
this Decision shall form the basis of these reports.

2.
On submission of the reports the Commission shall indi-
cate in particular the features which should be reviewed or
developed in the light of past experience and new scientific
evidence.

3.
The scientific and technical experts referred to in Article
11 of Directive 2001/37/EC may assist the Commission in the
preparation of these reports.

Information on the implementation of this Decision shall
4.
also be part of the two-yearly reports which the Commission is
to submit to the European Parliament, the Council and the
European Economic and Social Committee on the application
of Directive 2001/37/EC in accordance with Article 11 of that
Directive.

Article 8

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 5 September 2003.

For the Commission

David BYRNE

Member of the Commission