Introductory text

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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^f1, and in particular Article 10(4) thereof,

Whereas:

Directive 2014/40/EU established new rules on health warnings, including combined health warnings, to be placed on tobacco products for smoking. The combined health warnings should contain one of the text warnings listed in Annex I to that Directive, a corresponding colour photograph specified in the picture library in Annex II to that Directive, and smoking cessation information. They should cover 65 % of the external front and back surfaces of unit packets and any outside packaging.

The technical specifications for the layout, design and shape of the combined health warnings, taking into account different packet shapes, should be established. In particular, the positioning of the photograph, the text warning and the cessation information within the combined health warning, the size of those elements, the format, colours and fonts to be used should be specified in order to ensure that each element is fully visible.

Given the different packet shapes and sizes on the market, it is appropriate to require that combined health warnings be laid out in a stacked or side-by-side format. Where the height of the combined health warning is greater than 70 % of its width, a stacked format should be used. Where the height of the combined health warning is greater than 20 % but less than 65 % of its width, a side-by-side format should be used. 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 of tobacco products should be allowed to choose which format to use, as long as all the elements of the combined health warning remain fully visible and are not distorted.

In order to ensure that the photograph is the most salient element of the combined health warning, it should be positioned at the top of combined health warnings in the stacked format and on the left half of combined health warnings in the side-by-side format. The photograph should also be the largest element in the combined health warning.

Where, due to the shape of the unit packet or outside packaging, the combined health warning is significantly wider than it is high, it is, however, appropriate to provide for special rules concerning the size of the elements of the combined health warning, in order to ensure that the photograph is not distorted upon scaling and that the text warning and cessation information remain fully visible and readable.

In order to ensure visibility and clarity of the combined health warning, rules should be laid down concerning colours, minimum resolution, font and space between lines. Unavoidable print tolerances are considered acceptable.

It is appropriate to provide for special rules concerning combined health warnings to be placed on the front of unit packets with a flip-top lid where the lid covers a surface area that is larger or smaller than the 50 % of the surface area foreseen for the photograph and the opening of the flip-top lid would lead to a split of either the photograph, the text warning or the cessation information. In these cases it is appropriate to provide for more flexible rules as regards the size of each of the three elements of the combined health warning. Manufacturers or importers should also be allowed to reduce the font size and the space between lines in the text warning and in the cessation information where the combined health warning on the front of such packets is in more than one language or where this is unavoidable on tobacco products for smoking other than cigarettes, roll-your-own tobacco and waterpipe tobacco, provided that all elements remain fully visible.

The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 25 of Directive 2014/40/EU,

HAS ADOPTED THIS DECISION: