This document is an excerpt from the EUR-Lex website
Manufacture, presentation and sale of tobacco products
This Directive concerns the manufacture. presentation and sale of tobacco products in the Member States of the EU, in particular the use of warnings on packets, the prohibition of descriptions such as mild or light, the maximum tar, nicotine and carbon monoxide yields, and the prohibition of tobacco for oral use.
ACT
Directive 2001/37/EC of the European 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 [See amending act(s)].
SUMMARY
This Directive aims to approximate the laws, regulations and administrative provisions of the Member States concerning:
Cigarettes: maximum yields
The Directive lays down maximum tar, nicotine and carbon monoxide yields for cigarettes released for free circulation, marketed or manufactured in the Member States. These maximum yields are lower than those laid down by Directive 90/239/EEC concerning maximum tar yields and are extended to two other substances (nicotine and carbon monoxide).
From 1 January 2004, the maximum yields for cigarettes released for free circulation, marketed or manufactured in the Member States will be as follows:
As regards measurement methods, tests are carried out on the basis of standards specified by approved laboratories designated by the Member States. The information must be submitted on an annual basis to the competent authorities in the Member States, which will forward it to the European Commission.
The Member States must also disseminate this information to consumers, taking account of any information which constitutes a trade secret.
Labelling
With regard to labelling, this Directive lays down the following provisions:
List of ingredients
Manufacturers and importers are required to submit to the Member States, on a yearly basis a list of all ingredients, and quantities thereof, used in the manufacture of tobacco products, together with toxicological data on their effects on health and any addictive effects. This list must be accompanied by a statement setting out the reasons for their inclusion. It must also be made public and be submitted to the Commission on a yearly basis.
Product descriptions
Since 30 September 2003, it is prohibited to describe a product as less harmful than another (by using names, figurative signs, etc.).
Tobacco for oral use
Member States shall prohibit the placing on the market of tobacco for oral use without prejudice to Article 151 of the Act of Accession of Austria, Finland and Sweden, which stipulates that the placing on the market in Sweden of tobacco for oral use may continue.
Effects on trade
As harmonisation and approximation of the rules relating to the internal market will lead to greater clarity and increased security for market operators, the overall economic effects are considered to be positive.
Implementation
The Directive provides for transitional periods for the application of its specific provisions (on maximum yields etc.). It also provides for a second transitional period in respect of the presentation and sale of products. In actual fact, products which do not comply with the provisions of the Directive may continue to be marketed for one year after the deadline for implementation in the Member States. For products other than cigarettes, the transitional period is increased to two years.
Adaptations of the Directive to scientific and technical progress will be taken into account by the Commission, assisted by a committee. The Commission will also be assisted by a group of experts for the control of tobacco, set up within its Advisory Committee on Cancer Prevention, particularly in connection with the preparation of a report on the application of the Directive.
Evaluation
Every two years, the Commission has to submit to the European Parliament, the Council and the Economic and Social Committee a report on the application of the Directive.
REFERENCES
Act |
Entry into force |
Deadline for transposition in the Member States |
Official Journal |
Directive 2001/37/EC |
18.7.2001 |
30.9.2002 |
OJ L 194, 18.7.2001 |
Amending act(s) |
Entry into force |
Deadline for transposition in the Member States |
Official Journal |
Regulation (EC) No 596/2009 |
7.8.2009 |
- |
OJ L 188, 18.7.2009 |
Directive 2012/9/EU |
28.3.2012 |
28.3.2014 |
OJ L 69, 8.3.2012 |
The successive amendments and corrections to Directive 2001/37/EC have been incorporated into the basic text. This consolidated version is of documentary value only.
RELATED ACTS
Commission Decision 2003/641/EC of 5 September 2003 on the use of colour photographs or other illustrations as health warnings on tobacco packages [Official Journal L226, of10.09.2003].
This Decision establishes rules for the use, on cigarette packets, of colour photographs or other illustrations to depict the health consequences of smoking. It is a follow-up to Directive 2001/37/EC on tobacco products, which required an increase in the size of health warnings on packaging. However, the use of shock images in addition to warning messages is not mandatory.
Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products [Official Journal L 152 of 20.06.2003].
This Directive is designed to put a ban, at European Union level, on tobacco advertising in printed publications, in radio broadcasting and in information society services. It also bans the sponsorship of events which have a cross-border effect and seek to promote tobacco products.
Council Recommendation 2003/54/EC of 2 December 2002 on the prevention of smoking and on initiatives to improve tobacco control [Official Journal L 022 of 25.01.2003].
This Recommendation seeks to control the sale of tobacco to children and adolescents. It also aims to better inform the public of the health risks associated with tobacco in order to discourage smoking.
Last updated: 13.01.2014