On June 29, 2022, the European Commission published in the Official Journal of the European Union (OJ) a draft amendment to Authorization Directive C(2022) 4367final 2014/40/EU (EU TPD Directive) to withdraw Section 7 of the Regulation on Heated Tobacco Products Section 12 and Section 11 Section 6 exemption. EU member states should translate into their own regulations within 8 months after the directive comes into force, and formally implement it no later than 11 months.

In this issue, we will interpret the main contents of draft C(2022)4367final to help you understand the trend of new EU tobacco product regulations in advance.

  1

  background

According to Article 12 of Section 7 of the TPD Directive, all tobacco products other than cigarettes and roll-your-own cigarettes are exempted from the "prohibition on the sale on the market of tobacco having a particular flavour or flavour in any of its constituents or having certain technical characteristics" product" restrictions. Based on the continued increase in sales of heated tobacco products, the definition of "significant change in circumstances" in Section 2, Article 28 of the TPD Directive has been met, and therefore, the Authorization Directive removes the characteristic flavor exemption for heated tobacco products. The Authorization Directive also removes Member States' exemptions from the information and combined health warning requirements referred to in Section 9, Article 2 and Section 10 of the TPD Directive on heated tobacco products for the same reasons.

  2

Section 7 Clause 12 of the TPD Directive is replaced by

Tobacco products other than cigarettes, roll-your-own cigarettes and heated tobacco products are exempt from the prohibitions under paragraphs 1 and 7. In the event of a material change in the circumstances identified in the Commission's report, the Commission shall take authorizing action under Article 27 to revoke exemptions for specific product categories.

For the purposes of subparagraph 1, "heated tobacco product" means a new type of tobacco product which, when heated, produces emissions containing nicotine and other chemicals, which are then inhaled by the user, and which, by its properties, is a non- Smoking tobacco products or tobacco products used for smoking.

3

Section 11 of the TPD directive is amended to read

Replace the title of Section 11 with "Identification of smoking tobacco products other than cigarettes, roll-your-own cigarettes, hookahs and heated tobacco products".

Section 11, Article 1, paragraph 1, is replaced by "With the exception of cigarettes, roll-your-own tobacco, hookahs and heated tobacco products as defined in Section 7, Article 12, paragraph 2, Member States may exempt from the provisions of Section 9, Article 2. information and the obligation to combine health warnings as set out in Article 10. In this case, in addition to the general warnings set forth in Section 9, Article 1, each unit packaging and any outer packaging of such products shall carry an accessory One of the textual warnings listed in 1. The general warnings set forth in Section 9, Section 1 shall include the smoking cessation services referred to in Section 10, Section 1, point (b).

According to the report COM(2022) 279final published by the European Commission on June 15 this year, between 2018 and 2020, the retail sales of heated tobacco products in more than five member states increased by more than 10%, and their retail sales exceeded all tobacco products. 2.5% of total sales. Heated tobacco products have rapidly become popular in some EU countries and have attracted the attention of the authorities. New tobacco product exporters should understand the regulatory trends and product compliance requirements of the target country in advance for smooth export.

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