Commission Implementing Decision (EU) 2015/1735 of 24 September 2015 on the precise position of the general warning and the information message on roll-your-own tobacco marketed in pouches (notified under document C(2015) 6455) (Text with EEA relevance)

• CELEX: Implementing Decision (EU) 2015/1735
• Articles: 6

Article 1 Subject matter

This Decision establishes rules on the precise positioning of general warnings and information messages on roll-your-own tobacco marketed in pouches.

Article 2 Position of the general warning and the information message on rectangular pouches

1.   For roll-your-own tobacco in rectangular pockets with a flap that covers the opening (‘rectangular pouches’), the general warning and information message shall be printed on the two surfaces which become visible when the unit packet is fully opened, as illustrated in Sections 1 and 2 of the Annex.

The general warning and information message shall be positioned at the top edge and shall cover 50 % of the respective surfaces on which they are printed, as illustrated in Sections 1 and 2 of the Annex.

The general warning shall be printed on the top surface.

2.   By way of derogation from paragraph 1, until 20 May 2018, the following rules shall apply to roll-your-own tobacco in rectangular wraparound pouches made of polyethylene, polypropylene or laminate material, as illustrated in Section 3 of the Annex:

(a)

the information message may be positioned on the surface that becomes visible when the unit packet is partly unwrapped;

(b)

the general warning may be positioned on the bottom surface, which becomes visible when the unit packet is fully opened;

(c)

the inside of the flap, which becomes visible when the unit packet is fully opened, shall not be printed upon or used in any other way;

(d)

the general warning and information message shall be positioned at the top edge of the respective surfaces on which they are printed.

Article 3 Position of the general warning and the information message on standing pouches

1.   For roll-your-own tobacco in standing pouches, the general warning and information message shall be positioned on the surfaces on the bottom of the standing pouch that become visible when the pouch is laid on its back (‘base of the unit packet’), as illustrated in Section 4 of the Annex.

2.   The general warning shall be printed on the surface above the crease on the base of the unit packet and the information message on the surface below the crease. The general warning and information message are to cover 50 % of the respective surfaces on which they are printed. The surfaces shall be calculated using their dimensions after the edges are sealed.

Article 4 Transitional provision

Roll-your-own tobacco in pouches manufactured or released for free circulation until 20 May 2018 and labelled with a general warning and information message in accordance with Article 2(2) may be placed on the market until 20 May 2019.

Article 5 Addressees

This Decision is addressed to the Member States.

Schedules & Appendices

ANNEX

ANNEX

Graphical representations of the precise positioning of the general warning and information message referred to in Article 2 and Article 3

1.   FLAT BOTTOMED POUCH (ARTICLE 2(1))

Surface calculated: Pocket area when pouch closed

Position of warning: Pocket area when pouch open

General Warning

Information Message

Surface calculated: Flap area when pouch closed

Position of warning: Inside of flap when pouch open

2.   WRAPAROUND POUCH (ARTICLE 2(1))

Information Message

General Warning

Surface calculated: Pocket area when pouch closed

Position of warning: Pocket area when pouch fully unwrapped (within the area calculated when pouch closed)

Surface calculated: Flap area when pouch closed

Position of warning: Inside of flap when pouch fully unwrapped (within the area calculated when pouch closed)

3.   WRAPAROUND POUCH (ALTERNATIVE POSITIONING ARTICLE 2(2))

Surface calculated: Pocket area when pouch closed

Position of warning: Pocket area when pouch fully unwrapped (within the area calculated when pouch closed)

Surface calculated: Flap area when pouch closed

Position of warning: Outside surface of pocket when pouch partly unwrapped

General Warning

Information Message

4.   STANDING POUCH (ARTICLE 3)

General Warning

Information Message

Surface calculated: Base of pouch, up to the central crease when flattened (not including the sealed edges)

Surface calculated: Base of pouch, up to the central crease when flattened (not including the sealed edges)