Commission Implementing Decision (EU) 2015/1842 of 9 October 2015 on the technical specifications for the layout, design and shape of the combined health warnings for tobacco products for smoking (notified under document C(2015) 6729) (Text with EEA relevance)

Subject matter and scope

Article 1

This Decision establishes rules on the layout, design and shape of combined health warnings for tobacco products for smoking.

Layout and shape of the combined health warning

Article 2

1.   Where the height of the combined health warning is greater than 70 % of its width, manufacturers shall lay out the combined health warnings in a stacked format as illustrated in section 1 of the Annex. Where the height of the combined health warning is greater than 20 % but less than 65 % of its width, manufacturers shall lay out the combined health warnings in a side-by-side format as illustrated in section 2 of the Annex. Where the height of the combined health warning is greater than or equal to 65 % but less than or equal to 70 % of its width, manufacturers may choose whether to use the stacked or side-by-side format, as long as all the elements of the combined health warning remain fully visible and are not distorted. 2.   Where a stacked format is used, the photograph shall be placed at the top of the combined health warning, with the text warning and cessation information printed underneath as illustrated in section 1 of the Annex. The photograph shall occupy 50 %, the text warning 38 % and the cessation information 12 % of the surface area of the combined health warning inside the outer black border. Where the side-by-side format is used, the photograph shall be placed on the left half of the combined health warning, with the text warning at the top right and the cessation information at the bottom right of the warning as illustrated in section 2 of the Annex. The photograph shall occupy 50 %, the text warning 40 % and the cessation information 10 % of the surface area of the combined health warning inside the outer black border. 3.   Where, due to the shape of the unit packet or outside packaging, the height of the combined health warning is less than or equal to 20 % of its width, the combined health warning shall be laid out in a side-by-side extra-wide format as illustrated in section 3 of the Annex. The photograph shall occupy 35 %, the text warning 50 % and the cessation information 15 % of the surface area of the combined health warning inside the outer black border.

Design of the combined health warning

Article 3

1.   The combined health warning shall be printed in four-colour CMYK. All elements in black shall be C0, M0, Y0 and K100 and those in warm yellow shall be C0, M10, Y100 and K0. The combined health warning shall be reproduced at a minimum resolution of 300 dpi when printed in actual size. 2.   The text warning shall be printed in white on a black background. Where tobacco products for smoking are intended to be placed on the market in Member States with more than one official language, the text warning in the first language shall be printed in white, the text warning in the second language shall be printed in warm yellow and the text warning in the third language, if applicable, shall be printed in white. The cessation information shall be printed in black on a warm yellow background, as illustrated in the Annex. 3.   Where a side-by-side, stacked reversed or side-by-side extra-wide format is used, a 1 mm black border shall be printed between the cessation information and the photograph within the cessation information panel. 4.   The manufacturers or importers shall ensure that the photograph: (a) is reproduced without applying effects, adjusting the colours, retouching, or extending the background; (b) is not cropped too close or too far from the focal point of the image; and (c) is scaled proportionally without being stretched or condensed. 5.   The manufacturers shall ensure that: (a) the text warning and cessation information are left aligned and centred vertically; (b) the text warning and cessation information are printed in Neue Frutiger Condensed Bold; (c) the text warning is printed in a uniform font size; (d) the font size of the text warning and of the cessation information is as large as possible to ensure maximum visibility of the text; (e) the minimum font size of the text warning is 6 pt and the minimum font size of the cessation information is 5 pt; (f) the space between lines is 2 pt larger than the font size of the text warning and is 1 to 2 pt larger than the font size of the cessation information; (g) the text warning is reproduced as set out in Annex I to Directive 2014/40/EU, including as regards the use of capital letters, but excluding the numbering. By way of derogation from points (e) and (f), manufacturers or importers of tobacco products for smoking other than cigarettes, roll-your-own tobacco and waterpipe tobacco may reduce the font size or space between the lines of the text warning and cessation information where unavoidable, provided that all elements of the combined health warning remain fully visible.

Special rules for certain unit packets with a flip-top lid

Article 4

1.   By way of derogation from the first subparagraph of Article 2(2), the following rules shall apply to combined health warnings to be placed on the front of unit packets having a flip-top lid: (a) where the lid is smaller than the surface area foreseen for the photograph in Article 2(2) and compliance with that provision would result in the photograph being split upon opening: (i) the text warning shall be placed at the top of the combined health warning, with the cessation information and photograph underneath as illustrated in section 4 of the Annex; and (ii) the photograph shall occupy at least 50 % of the surface area of the combined health warning, the text warning at least 30 % and the cessation information at least 10 % but no more than 12 % of the surface area of the combined health warning inside the outer black border; (b) where the lid is larger than the surface area foreseen for the photograph in Article 2(2) and compliance with that provision would result in the text warning or cessation information being split upon opening: (i) the photograph shall be placed at the top of the combined health warning, with the text warning and cessation information underneath as illustrated in section 1 of the Annex; and (ii) the photograph shall occupy at least 50 % of the surface area of the combined health warning, the text warning at least 30 % and the cessation information at least 10 % but no more than 12 % of the surface area of the combined health warning inside the outer black border. Manufacturers shall ensure that none of the three elements of the combined health warning is split upon opening of the unit packet. 2.   By way of derogation from Article 3(5)(e) and (5)(f), manufacturers or importers of cigarettes, roll-your-own tobacco and waterpipe tobacco in unit packets with a flip-top lid may reduce the font size or space between the lines of the text warning and cessation information on the front of packages where the combined health warning is in more than one language, provided that all elements of the combined health warning remain fully visible.

Addressees

Article 5

This Decision is addressed to the Member States.

ANNEXSupplementary provisions

ANNEX 1.    Stacked format (Articles 2(1), (2) and 4(1b)) 1. Photograph 2. Text warning 3. Cessation information 2.    Side-by-side format (Article 2(1) and (2)) 1. Photograph 2. Text warning 3. Cessation information 3.    Side-by-side extra-wide format (Article 2(3)) 1. Photograph 2. Text warning 3. Cessation information 4.    Stacked reversed format (Article 4(1a)) 1. Photograph 2. Text warning 3. Cessation information 4. Flip-top lid