relative file path for layout
Skip to main content  Skip to search  Skip to main menu
Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : tidenq@tid.gcn.gov.hk

Ref : EIC 230/2/12

8 March 2002

Dear Sirs,

Commercial Information Circular No. 44/02

European Union (EU)* :Directive on the Manufacture, Presentation and Sale of Tobacco Products

The Council of the EU and the European Parliament have issued a Directive (2001/37/EC) concerning the manufacture, presentation and sale of tobacco products within the European Community. The requirements set out in the Directive also apply to tobacco products imported into the Community. The aim of the Directive is to approximate the relevant laws, regulations and administrative provisions of the Member States in order to ensure the smooth operation of the Community internal market in tobacco products. A copy of the Directive is appended (pdf format) to this Circular for reference.

DETAILS

  1. The Directive sets out, among others, the maximum tar, nicotine and carbon monoxide yields of cigarettes, the labelling requirements as well as restrictions on product descriptions of tobacco products. Salient points of the Directive are as follows :

    Maximum Yield of Cigarettes

    1. Starting from 1 January 2004, the yield per cigarette shall not be greater than 10 mg for tar, 1 mg for nicotine and 10 mg for carbon monoxide. (As a temporary derogation, the date of application of the maximum tar yield of cigarettes manufactured and marketed within Greece shall be 1 January 2007.)
       

    2. The tar, nicotine and carbon monoxide yields of cigarettes shall be measured on the basis of ISO standards 4387 for tar, 10315 for nicotine and 8454 for carbon monoxide by testing laboratories which are approved by the competent authorities of the Member States. Member States shall compile a list of such approved laboratories by 30 September 2002.

    Labelling Requirements

    1. The tar, nicotine and carbon monoxide yields of cigarettes measured shall be printed on one side of the cigarette packet in the official language or languages of the Member States (where the product is placed on that market) so that at least 10% (12% and 15% for Member States with two and three official languages respectively) of the corresponding surface is covered.
       

    2. Each unit packet of tobacco products (except for tobacco for oral use and other smokeless tobacco products) must carry -

      (i) general warnings

      'Smoking kills/Smoking can kill' or 'Smoking seriously harms you and others around you.'; and

      such warnings shall be rotated in such a way as to guarantee their regular appearance; and printed on the most visible surface and on any outside packaging (except for additional transparent wrappers) and shall cover not less than 30% (32% and 35% for Member States with two and three official languages respectively) of the external area of the corresponding surface on which it is printed# .

      (ii) additional warning

      to be taken from the list set out in Annex I of the Directive 2001/37/EC; and

      such additional warnings shall be rotated in such a way as to guarantee their regular appearance; and printed on the other most visible surface and on any outside packaging (except for additional transparent wrappers); and shall cover not less than 40% (45% and 50% for Member States with two and three official languages respectively) of the external area of the corresponding surface on which it is printed#.

    3. Tobacco products for oral use where their marketing is permitted@ and smokeless tobacco products shall carry the warning -

      "This tobacco product can damage your health and is addictive."; and

      such warning shall be printed on the most visible surface of the unit packet and on any outside packaging (except for additional transparent wrappers) and shall cover not less than 30% (32% and 35% for Member States with two and three official languages respectively) of the external area of the corresponding surface on which it is printed.

    4. The aforementioned yield indications (paragraph c) and text of warnings (paragraphs d and e) shall be -

      1. printed in black Helvetica bold type on a white background with font size to be determined by each Members State;

      2. in lower-case (except for the first letter of the message and where required by grammar usage);

      3. centred in the area in which the text is required to be printed and parallel to the top edge of the packet;

      4. surrounded by a black border not less than 3mm and not more than 4mm in width which in no way interferes with the text of the warning or information given (for products other than tobacco products for oral use and smokeless tobacco products);

      5. in the official language or languages of the Member States where the product is placed on the market;

      6. irremovably printed, indelible and shall in no way be hidden, obscured or interrupted by other written or pictorial matter or by the opening of the packet (printing on the tax stamps of unit packets shall be prohibited); and

      7. texts may be affixed by means of stickers (for tobacco products other than cigarettes) provided that such stickers are irremovable

    5. Tobacco product shall also be marked (by batch numbering or equivalent) on the unit packet enabling the place and time of manufacture to be determined.

    Product Descriptions

    1. Starting from 30 September 2003, texts, names, trade marks and figurative or other signs suggesting that a particular tobacco product is less harmful than others shall not be used on the packaging of tobacco products.

  2. Member States may however keep or introduce more stringent rules concerning the manufacture, import, sale and consumption of tobacco products which they deem necessary in order to protect public health, insofar as the rules laid down in the Directive are not prejudiced. In particular, Member States may prohibit the use of ingredients which have the effect of increasing the addictive properties of tobacco products, pending the establishment by the European Commission of a common list of ingredients authorized for tobacco products by 31 December 2004 the latest.
     

  3. The Directive shall be implemented as from 30 September 2002 by which Members States are required to have transposed the Directive into their national laws. Products which do not comply with the provisions of this Directive may continue to be marketed for one year after 30 September 2002. Products other than cigarettes not complying with the provisions of this Directive may continue to be marketed for two years after 30 September 2002.

ENQUIRIES

  1. For enquiries about the contents of this Circular, please contact the undersigned at telephone number 2398 5351.

 

Yours faithfully,

 

(Thomas CHEUNG)

for Director-General of Trade and Industry

* : The EU Member States are Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom.

# : Where the most visible surface of the unit packets (for products other than cigarettes) exceeds 75cm2, such warnings shall cover at least 22.5cm2 (24cm2 and 26.25cm2 for Member States with two and three official languages respectively) on each surface.

@ : Directive 89/622/EEC, as amended by Council Directive 92/41/EEC, prohibits Member States from placingon the market of tobacco for oral use except for those tobacco products intended to be smoked or chewed. Sweden



  • While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.