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Document 32014L0040

Tighter EU rules on tobacco

Date of last review:
20/04/2023
Initial creation date:
08/07/2014
Summarised document(s):
Author:
Publications Office of the European Union
Responsible entity(ies):
Directorate-General for Health and Food Safety

Tighter EU rules on tobacco

 

SUMMARY OF:

Directive 2014/40/EU on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco

WHAT IS THE AIM OF THE DIRECTIVE?

The directive lays down rules on the manufacture, presentation and sale of cigarettes, roll-your-own tobacco, pipe tobacco, cigars, cigarillos, smokeless tobacco, electronic cigarettes and herbal products for smoking.

It aims to protect human health, especially that of young people, and to meet European Union (EU) obligations under the World Health Organization Framework Convention on Tobacco Control.

KEY POINTS

Ingredients and maximum emission levels

EU Member States must require manufacturers and importers to submit lists of ingredients and emission levels. Emissions from cigarettes placed on the market or manufactured in the EU must not exceed:

  • 10 mg of tar;
  • 1 mg of nicotine;
  • 10 mg of carbon monoxide.

Health warnings

The directive requires prominent health warnings on packs of cigarettes and roll-your-own tobacco:

  • a general warning of ‘Smoking kills – quit now’ or ‘Smoking kills’;
  • the information message: ‘Tobacco smoke contains over 70 substances known to cause cancer’;
  • other text and explicit images drawn from a list and picture library in the directive’s annexes;
  • combined warnings that must cover 65 % of the front and back of the packet.

Ban on flavours and slim packaging

The directive bans:

  • flavours, such as fruit and menthol, which encourage the uptake of smoking by softening harsher tobacco flavours; and
  • attractive, slim, lipstick-style cigarette packages often targeted at girls and young women.

Electronic cigarettes

The legislation sets out safety and quality rules for nicotine-containing electronic cigarettes, including:

  • mandatory health warnings on packs;
  • a ban on promotional elements on packs.

Other measures

  • Member States may, if they wish, ban internet sales of cigarettes and tobacco products.
  • A EU-wide tracking and monitoring system is being introduced to tackle the illegal trade in cigarettes.

Traceability

The directive introduces rules for tobacco traceability and security features applied to tobacco products, elaborated in the following secondary legislation.

Regulation (EU) 2018/574 (an implementing act) sets out technical standards for the tobacco traceability system:

  • packets must be marked with a unique identifier to record their movements through the supply chain, issued by an independent issuer and valid for 6 months;
  • specifications for the data repositories to record the movements of tobacco products and related transactions.

This regulation has been amended by Implementing Regulation (EU) 2023/448.

Regulation (EU) 2018/573 (a delegated act) sets out the key elements to be included in data storage contracts between manufacturers or importers and data storage providers:

  • primary and secondary (backup) depositories and a system router must be set up;
  • other ancillary technical services must be provided on request;
  • specifications on operability, availability, performance and financial and organisational independence of the services must meet minimum requirements.

Implementing Decision (EU) 2018/576 lays down technical standards for tobacco packaging security features:

  • all unit packets must carry a tamper-proof security feature, composed of visible and invisible elements, to ensure authenticity;
  • the feature must include at least five types of authentication, including overt, semi-covert and covert elements;
  • at least one authentication element must be provided by an independent third party.

FROM WHEN DO THE RULES APPLY?

  • The directive had to be transposed into national law by 20 May 2016. These rules apply from the same date.
  • Implementing Regulation (EU) 2018/574 on traceability has applied since 6 May 2018.
  • Implementing Regulation (EU) 2023/448 applies from 21 December 2023.
  • Delegated Regulation (EU) 2018/573 on data storage has applied since 6 May 2018.
  • Implementing Decision (EU) 2018/576 on tamper-proof security features has applied since 18 December 2017.

BACKGROUND

For further information, see:

MAIN DOCUMENT

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, pp. 1–38).

Successive amendments to Directive 2014/40/EU have been incorporated into the original text. This consolidated text is of documentary value only.

RELATED DOCUMENTS

Commission Delegated Directive (EU) 2022/2100 of 29 June 2022 amending Directive 2014/40/EU of the European Parliament and of the Council as regards the withdrawal of certain exemptions in respect of heated tobacco products (OJ L 283, 3.11.2022, pp. 4–6).

Commission Delegated Regulation (EU) 2018/573 of 15 December 2017 on key elements of data storage contracts to be concluded as part of a traceability system for tobacco products (OJ L 96, 16.4.2018, pp. 1–6).

Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the establishment and operation of a traceability system for tobacco products (OJ L 96, 16.4.2018, pp. 7–55).

See consolidated version.

Commission Implementing Regulation (EU) 2023/448 of 1 March 2023 amending Implementing Regulation (EU) 2018/574 on technical standards for the establishment and operation of a traceability system for tobacco products (OJ L 65, 2.3.2023, pp. 28–57).

Commission Implementing Decision (EU) 2018/576 of 15 December 2017 on technical standards for security features applied to tobacco products (notified under document C(2017) 8435) (OJ L 96, 16.4.2018, pp. 57–63).

last update 20.04.2023

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