Directive 2001/37/EC (TPD) lays down rules at EU level on the regulation of tobacco products. These rules have been in place for over a decade and in order to reflect scientific and market developments, and also international agreements under the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC), the European Commission published a proposal in 2012 to update and replace the Directive. Following negotiations between the European Council and European Parliament, Directive 2014/40/EU (TPD2) was adopted and published in the Official Journal of the European Union on 29 April 2014. Member States must transpose the revised TPD into domestic law by 20 May 2016.
Directive 2001/37/EC is implemented in the UK by The Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002. In order to transpose Directive 2014/40/EU, the Government proposes to repeal and replace the current UK Regulations. In keeping with the current legislation, the Health Departments in England, Scotland, Wales and Northern Ireland are content for the UK Government to transpose the Directive in regulations which will apply to the whole of the UK.
Why We Are Consulting
The purpose of this consultation is to seek the views of interested people, businesses and organisations, with a focus on gaining additional information relevant to the transposition of the revised TPD2.
While the Government has yet to make any final decisions on the implementation of the TPD2, the consultation includes draft regulations to give an early indication as to how the Government is approaching implementation. Alongside the consultation, we have also published a consultation-stage Impact Assessment and Equalities Analysis.
All responses received by the closing date will be carefully considered. A summary report of consultation responses will be published on the Department of health website in due course, once the consultation has been completed.
A final decision on the implementing regulations will be made in due course, taking into account all relevant considerations.