Tobacco Products Directive

The revised EU Tobacco Products Directive (2014/40/EU) came into force from 20th May 2014. Member States had two years to transpose the new rules into national law.

The aim of the Directive is to harmonise laws on tobacco and related products, to facilitate the smooth functioning of the internal market and to meet EU obligations under the WHO Framework Convention for Tobacco Control.

The European Union (Manufacture, Presentation and Sale of Related Products) Regulations 2016 (S.I. no. 271 of 2016), transposing the Directive into Irish legislation, came into effect on 20th May 2016.

Certain sections of the Public Health (Standardised Packaging of Tobacco) Act 2015 transpose in part Articles 13 and 14 of Directive.  The relevant sections were commenced on 20th May 2016.

The Regulations provide for more stringent rules for tobacco and related products and, from a public health perspective, focuses on limiting their appeal, in particular to young people.  They include measures for labelling, ingredients, tracking and tracing, cross border distance sales and the regulation of electronic cigarettes, refill containers, herbal products for smoking and novel tobacco products.

The European Union (Manufacture, Presentation and Sale of Related Products) (Amendment) Regulations 2017 (S.I. No. 252 of 2017) amend the European Union (Manufacture, Presentation and Sale of Related Products) Regulations 2016 and give effect to three European Commission Implementing Acts related to the  Directive. The three Implementing Acts set down:

  • uniform rules as regards the procedures for determining whether a tobacco product has a characterising flavour;
  • the procedure for the establishment and operation of an independent advisory panel assisting Member States and the Commission in determining whether tobacco products have a characterising flavour;
  • a priority list of additives contained in cigarettes and roll-your-own tobacco subject to enhanced reporting obligations.

Guidance on Electronic Cigarettes and Refill Containers

Useful links

EU Tobacco Products Directive (2014/40/EU)

European Union (Manufacture, Presentation and Sale of Tobacco and related products) Regulations 2016 – S.I. no. 271 of 2016

Public Health (Standardised Packaging of Tobacco Act 2015 (Commencement) Order 2016 – S.I. no. 270 of 2016

Public Health (Standardised Packaging of Tobacco) Act 2015

European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) (Amendment) Regulations 2017 – S.I. no. 252 of 2017

Further information from the HSE on Tobacco Products Directive