Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 230/2/12

21 May 2014

Dear Sirs,

Commercial Information Circular No. 468/2014

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

Further to Commercial Information Circular No. 202/2012 dated 14 March 2012, the European Parliament and the Council of the European Union has adopted a Directive to approximate the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products as well as to repeal Directive 2001/37/EC. Details are set out in the Commission Directive 2014/40/EU, which can be accessed through the following link:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014L0040&from=EN

DETAILS

2.Directive 2001/37/EC lays down rules at Union level concerning tobacco products. However, substantial changes to Directive would be needed in order to reflect scientific, market and international developments. Thus, it should be repealed and replaced by this new Directive.

3.The objective of this new Directive is to approximate the laws, regulations and administrative provisions of the Member States concerning (i) the ingredients and emissions of tobacco products and related reporting obligations, including the maximum emission levels of tar, nicotine and carbon monoxide for cigarettes; (ii) certain aspects of the labelling and packaging of tobacco products including the health warnings to appear on unit packets of tobacco products and any outside packaging as well as traceability and security features that are applied to tobacco products; (iii) the prohibition on the placing on the market of tobacco for oral use; (iv) cross-border distance sales of tobacco products; (v) the obligation to submit a notification of novel tobacco products; and (vi) the placing on the market and the labelling of certain products, which are related to tobacco products, namely electronic cigarettes and refill containers, and herbal products for smoking.

4. This new Directive has entered into force on 19 May 2014. Member States may allow the following products, which are not in compliance with this new Directive, to be placed on the market until 20 May 2017 .

1. tobacco products manufactured or released in accordance with Directive 2001/37/EC before 20 May 2016;
2. electronic cigarettes or refill containers manufactured or released before 20 November 2016; and
3. herbal products for smoking manufactured or released before 20 May 2016.

ENQUIRIES

5.For enquiries concerning the content of this circular, please contact the undersigned at telephone number 2398 5556.

Yours faithfully,

(Miss Anita WONG)
for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.