Key Benefits:
The Minister of Health, Family And the Minister Delegate to the Budget and Budget Reform,
In view of Directive 2001 /37/EC of 5 June 2001 of the European Parliament and of the Council on the approximation of the laws, regulations and Member States' administrative procedures for the manufacture, presentation and sale of tobacco products;
Given the code of public health, in particular Article L. 3511-6;
Given the national customs code, in particular Article 38,
Stop:
By:
- " Tar " : the nicotine-free anhydrous smoke condensate;
- " Nicotine " : alkaloids of the crude condensate expressed in nicotine;
- " Cigarettes " : the products referred to in 2 ° of Article 564 of the General Tax Code and in the first paragraph of Article 275 D of Annex II to the code;
- " Suppliers " : persons mentioned in the 1 ° of Article 565 of the general tax code.
As from 1 January 2004, cigarettes imported from a non-member country for free circulation or manufactured in France and marketed in the national territory cannot have levels greater than:
10 mg per cigarette for tar;
1 mg per cigarette Cigarette for nicotine;
10 mg per cigarette for carbon monoxide.
As of January 1, 2005, these maximum levels also apply to cigarettes manufactured in France and exported to a third country in the Community
The importation and exportation of cigarettes shall be subject to the presentation in support of the customs declaration of the certificate provided for in Article 5.
The tar, nicotine and carbon monoxide yields of cigarettes are measured on the basis of ISO 4387 for tar, ISO 10315 for nicotine and ISO 8454 for the Carbon monoxide. The accuracy of the records for tar and nicotine on the packages is verified according to ISO 8243.
On import for free circulation and marketing, the tar, nicotine and carbon monoxide yields of cigarettes measured in accordance with section 3 of this Order are printed:
1 ° En Black Helvetica bold white and lowercase letters, except for the first letter of the message;
2 ° Centrated on one side of the side of the package, the text must be printed horizontally, to cover at least 10 % of the Corresponding surface. This minimum surface includes the black edge mentioned in the 3 ° of this article;
3 ° Surrounded by a black edge, with a minimum thickness of 3 mm, in no way interfering with the text of the given information.
For each type of cigarette packaging, producers, manufacturers, suppliers, importers or exporters must Produce a certificate issued by the National Test Laboratory, indicating the results of the tests performed by this laboratory and establishing the conformity of the entries on the cigarette packages.
The measurements shall be made in The conditions set out in Article 3, on samples taken by the National Test Laboratory.
The certificate shall be sent by the National Test Laboratory to the Minister responsible for health in January each year.
When the results of an assay by the National Test Lab are challenged by the producer, the manufacturer, the Supplier, importer or exporter, by a consumer association or by a recognized association of public utility with the purpose of combating tobacco use, they may apply to the National Testing Laboratory for a
The result of these dosages is communicated by the National Testing Laboratory to the Minister responsible for health.
The results of the tests performed by the National Test Lab are published in the ministry's official text bulletin.
The costs of operations carried out by the National Test Laboratory for the issuance of the certificates referred to in Article 5 of this Order shall be borne by From the producer, manufacturer, supplier, importer or exporter.
The costs of the operations carried out by the National Test Laboratory under the conditions laid down in Article 6 shall be borne by the person who has done so Request
On import, for free circulation and for marketing, all tobacco and tobacco product packaging units carry:
1 ° On their surface More visible, one of the following general warnings: " Smoking kills " Or " Smoking seriously affects your health and that of your environment " ;
2 ° On the other most visible surface of the conditioning unit, a specific warning From the list set out in the Annex to this Order.
The general and specific warnings referred to in Article 9 Of this Order shall be printed in such a way as to ensure the regular appearance of each message on an equal quantity of packaging units, with a tolerance of more or less 5 %. They are also printed on any outer packaging, including cartons of cartons of cigarettes and the exclusion of transparent overpacks used for the retail sale of tobacco products.
On import for release for free circulation and marketing, oral-use tobacco products authorized for marketing and marketing Smokeless tobacco products bear the following warning: " This tobacco product can harm your health and create a dependency. "
This warning is printed on the most visible surface of the packaging unit and on any outer packaging, excluding transparent overpacks, used for retail sale of the product.
The general warning required in accordance with the 1 ° of section 9 of this Order and the product-specific warning Of the tobacco referred to in Article 11 of this Order shall cover at least 30 % of the external area of the corresponding area of the tobacco packaging unit on which it is printed.
The specific warning referred to in the 2 ° of the article 9 of this Decree shall cover at least 40 % of the external part of the corresponding surface of the packaging unit on which it is printed.
These minimum surfaces shall include the black edge referred to in Article 14 of Article 14 of this Order.
For packaging units for products other than cigarettes with the most surface Visible exceeds 75 cm², the area of the warnings referred to in Articles 9 and 11 of this Order shall be at least 22.5 cm² for each surface.
The health warnings referred to in Articles 9 and 11 of this Order shall be printed:
1 ° In bold Helvetica black on a white and lowercase background, except for the first letter of the message;
2 ° Centrated on the surface on which the text is to be printed, parallel to the top edge of the package;
3 ° Surrounded by a black edge, with a minimum thickness of 3 mm, in no way interfering with the text of the warnings;
4 ° Which concerns the specific health warning referred to in Article 11 of this Decree, on the most visible surface so as to be immediately visible at the time of purchase by the consumer, even before the opening of the packaging unit ;
5 ° For other tobacco products, on the lower part of the face on which they are printed.
The warnings prescribed by sections 9 and 11 of this Order cannot be printed on the tax stamps of the packaging units. They are printed at an apparent location, removably and indelibly, and are in no way concealed, veiled or separated by other indications or images or by the opening of the package.
With respect to tobacco products other than Cigarettes, the texts may be affixed with adhesives, provided they are removable.
Tobacco products not complying with the provisions of this Order may still be marketed until September 30, 2003 for cigarettes and until September 30, 2004 for other tobacco products.
The decree of 26 April 1991 fixing the maximum tar content of cigarettes is repealed.
The Order of 26 April 1991, as amended by the Order of 4 July 1994, laying down methods for the analysis of nicotine and tar levels and methods Verification of the accuracy of the statements made on the packaging, as well as the procedures for the recording of health messages and the compulsory particulars of the tobacco and tobacco products packaging units is Repealed.
The order of 25 April 2002 amending the decree of 26 April 1991 laying down the maximum tar content of the Cigarettes and amending the Decree of 26 April 1994 laying down the methods for the analysis of the levels of nicotine and tar and the methods of verifying the accuracy of the statements made on the conditions, as well as the procedures for the registration of the Health messages and mandatory information on tobacco and tobacco product packaging units is repealed.
The Director General of Health and the Director General of Customs and Indirect Rights shall each have responsibility for the execution of this Order, which shall be published in the Official Gazette of the Republic French.
A N N E X E
LIST OF SPECIFIC SANITARY WARNINGS SUBJECT
TO 2 ° OF SECTION 9
1. Smokers die prematurely.
2. Smoking the arteries and causes heart attacks and strokes.
3. Smoking causes fatal lung cancer.
4. Smoking during pregnancy is harmful to your child's health.
5. Protect children: don't breathe in your smoke.
6. Your doctor or pharmacist can help you quit.
7. Smoking creates a heavy dependency, do not start.
8. Stop smoking reduces the risk of heart and lung disease.
9. Smoking can cause a slow and painful death.
10. To help stop smoking, call 0825 309 310 (0.15 EUR/min).
11. Smoking can reduce blood flow and cause impotence.
12. Smoking causes skin aging.
13. Smoking can harm sperm and reduces fertility.
14. The smoke contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
Done at Paris, March 5, 2003.
The Minister of Health, the
Family and People with Disabilities,
Jean-François Mattei
The Minister Delegate to Budget
and Budget Reform,
Alain Lambert
