(1)

Directive 2014/40/EU of the European Parliament and of the Council (2) prohibits the placing on the market of certain tobacco products (cigarettes, roll-your-own tobacco and heated tobacco products) with characterising flavours.

(2)

Commission Implementing Regulation (EU) 2016/779 (3) laid down uniform rules as regards the procedures for determining whether a tobacco product has a characterising flavour.

(3)

In accordance with Implementing Decision (EU) 2016/786, the independent advisory panel (‘the panel’) is to specify and, as appropriate, update the methodology for the technical assessment of tobacco products referred to it by a Member State or the Commission for an opinion as to whether or not they have a characterising flavour (‘test products’).

(4)

By Commission Decision 2021/C 89 I/01 (4), the Commission approved a methodology for the technical assessment of test products assisting in determining tobacco products with a characterising flavour applicable to cigarettes and roll-your-own tobacco.

(5)

Following the adoption of Commission Delegated Directive (EU) 2022/2100 (5) that amended Article 7(12) of Directive 2014/40/EU in order to withdraw the exemptions from the prohibitions of the placing on the market of tobacco products with a characterising flavour or containing flavourings in any of their components such as filters, papers, packages, capsules or any technical features allowing modification of the smell or taste of the tobacco products concerned or their smoke intensity, for heated tobacco products, the panel updated the methodology referred to in the Annex to Decision 2021/C 89 I/01, extending its scope to heated tobacco products.

(6)

Consequently, on 31 August 2023, the panel adopted, following a written procedure, an updated draft methodology for the technical assessment of test products for the purpose of determining whether tobacco products have a characterising flavour, entitled ‘Methodology to support the decision whether a tobacco product has a characterising flavour. Application to cigarettes, roll-your-own tobacco and heated tobacco products’.

(7)

In accordance with Article 9(2) of Implementing Decision (EU) 2016/786 the draft methodology for the technical assessment of test products for the purpose of determining whether tobacco products have a characterising flavour and any subsequent update is to be submitted to the Director-General for approval and is only applicable after such approval has been given.

(8)

Once the updated methodology is approved, Decision 2021/C 89 I/01 should be repealed and replaced accordingly,