Notification Detail

Amendment to Government Decree 39/2013 of 14 February 2013 on the manufacture, placement on the market and control of tobacco products, combined warnings and the detailed rules for the application of the health-protection fine (the 'Implementation Decree')

Notification Number: 2015/529/HU (Hungary)
Date received: 21/09/2015
End of Standstill: 22/12/2015 ( 22/03/2016)

Issue of comments by: Commission
Issue of detailed opinion by: Bulgaria,Czech Republic,Greece,Italy,Portugal,Romania,Slovakia,Spain
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Message 002

Communication from the Commission - TRIS/(2015) 02891
Directive 98/34/EC
Translation of the message 001
Notification: 2015/0529/HU

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Nao inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 201502891.EN)

1. Structured Information Line
MSG 002 IND 2015 0529 HU EN 21-09-2015 HU NOTIF



2. Member State
HU


3. Department Responsible
Igazságügyi Minisztérium
EU Jogi Megfelelésvizsgálati Főosztály
Műszaki Notifikációs Központ

Budapest
Kossuth tér 2-4.
H-1055
Tel. : (36-1)795-5733,
E-mail: technicalnotification@im.gov.hu


3. Originating Department
Emberi Erőforrások Minisztériuma
Egészségpolitikai Jogi Osztály
Dr. Schlammadinger József
Budapest
Arany János u. 6-8.
H-1051
Tel: (36-1) 795-1240
Fax: (36-1) 795-0192
E-mail cím: egpoljvez@emmi.gov.hu, jozsef.schlammadinger@emmi.gov.hu
Levélcím: 1884 Budapest, Pf. 1


4. Notification Number
2015/0529/HU - X40M


5. Title
Amendment to Government Decree 39/2013 of 14 February 2013 on the manufacture, placement on the market and control of tobacco products, combined warnings and the detailed rules for the application of the health-protection fine (the 'Implementation Decree')


6. Products Concerned
- tobacco products,
- raw materials and additives used to manufacture tobacco products,
- herbal products for smoking,
- tobacco products for smoking,
- smokeless tobacco products,
- novel tobacco products

7.- The draft government decree partially transposes 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 (hereinafter referred to as the 'Directive').


8. Main Content
Fulfilment of the harmonisation obligation: partial transposition of 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.
In the interest of transposing the Directive in Hungary, the amendment to Government Decree 39/2013 of 14 February 2013 on the manufacture, placement on the market and control of tobacco products, combined warnings and the detailed rules for the application of the health-protection fine is necessary in the context of harmonisation.

The draft legislation contains the following key amendment proposals:

• Definitions.
• A ban on the placement on the market of tobacco products with characterising flavours, with the ban on menthol cigarettes and menthol rolling tobacco to be introduced by 20 May 2020.
• Cigarettes with capsules containing menthol flavouring will also be banned as of 20 May 2016.
• In the case of smoking tobacco, the requirement governing packaging units is being amended: smoking tobacco may be placed on the market in pouches containing at least 30 g, but no more than 50 g of smoking tobacco, in all cases containing a gram weight that can be divided by 10.
• Under the new rule on cigarette packaging units, packages containing cigarettes must contain at least 20, but no more than 25 cigarettes.
• It is prohibited to place on the market tobacco products containing the specified additives (e.g. vitamins, caffeine, taurine, additives that facilitate inhalation or nicotine uptake).
• Filters, papers and capsules may not contain tobacco or nicotine.
• The rules on standards for measuring tar, nicotine and carbon monoxide emissions are being specified. Measurements must be verified by approved and monitored laboratories.
• The size of health warnings on tobacco products i
s being increased.
• The data reporting obligation of manufacturers and importers is being established.
• Annex 2 specifying authorised tobacco additives is being repealed.
• Annex 4 specifying prohibited additives is being amended.
• Plain packaging is being introduced for cigarettes and rolling tobacco on health-protection grounds, in an effort to further reduce smoking.
• Following acceptance of the amendment proposals, cigarette and rolling tobacco products will be placed on the market featuring the same appearance.


9. Brief Statement of Grounds
Data on smoking habits and frequency in Hungary are worse than in most European Union countries; this warrants the introduction of further prohibitive measures in Hungary on health-protection grounds, in an effort to reduce smoking. The amendment of the Implementation Decree is necessary and proportionate on the basis of the aforementioned reasons, i.e. to bolster the protection of the health of children and young people.

We would like to particularly emphasise the following:
• Cigarettes with capsules containing menthol flavouring will also be banned as of 20 May 2016. In our reasoning, reference is made to the German court ruling (issued in Braunschweig) (http://openjur.de/u/542563.html) that banned capsule tobacco products in Germany on health-protection grounds. Reference is also made to a German impact assessment that is already available regarding this topic (https://www.dkfz.de/de/tabakkontrolle/download/Publikationen/RoteReihe/Band_17_Mentholkapseln_in_Zigarttenfiltern_de.pdf). Hungary fully agrees with the findings of the German study and court decision, i.e. that capsule tobacco products are particularly appealing, novel and innovative products. Menthol flavour that is 'more intense than normal' does indeed reduce the harmful/painful effects of smoking, or the sensation thereof. The product is popular among young people across Europe, achieving a market share in the cigarette segment of 10.5 % (up from zero in just roughly four years), and this trend has been sustained for years.
For this reason — in line with the objective findings of the German study and in light of the subjective experience of the product's popularity among young Hungarians and its growing market share — a ban of this appealing product is called for, which, in light of the foregoing, can be regarded as proportionate.
• In the case of smoking tobacco, the requirement governing packaging units is being amended: smoking tobacco may be placed on the market in pouches containing at least 30 g, but no more than 50 g of smoking tobacco, in all cases containing a gram weight that can be divided by 10.
• Under the new rule on cigarette packaging units, packages containing cigarettes must contain at least 20, but no more than 25 cigarettes.

In the case of tobacco products for smoking, besides cigarettes, cigarette tobacco and water pipe tobacco, cigars, cigarillos and pipe tobacco also have to carry combined health warnings; the currently effective provisions have not changed, i.e. on health-protection grounds, Hungary does not wish to apply the exemption provided for in Article 11(1) of the Directive.

By accepting the amendment proposals, Hungary is partially complying with its harmonisation obligation. Please note that we will prepare the harmonisation of the provisions of the Directive that cannot be transposed for the time being by the transposition deadline, i.e. 20 May 2016.


10. Reference Documents - Basic Texts
Reference(s) to basic text(s): Government Decree 39/2013 of 14 February 2013 on the manufacture, placement on the market and control of tobacco products, combined warnings and the detailed rules for the application of the health-protection fine
Commission registration number: 2012/11/HU.
- Act XLII of 1999 on the protection of non-smokers and certain regulations on the consumption and distribution of tobacco products
- Act CXXVII of 2003 on excise duty and on special rules for the marketing of products subject to excise duty
The basic texts were forwarded with an earlier notification: 2012/0011/HU


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency
-


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
Yes


16. TBT and SPS aspects
OTC aspect

Yes

SPS aspect

No - the draft is neither a sanitary nor phytosanitary measure.




**********
European Commission

Contact point Directive 98/34
Fax: +32 229 98043
email: grow-dir83-189-central@ec.europa.eu

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