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Key Facts

Belgium

Map of Belgium

Reception Date

14.05.24

Category

GOODS AND MISCELLANEOUS PRODUCTS

Tobacco

Ministries & Departments

Service public fédéral Santé publique, Sécurité de la Chaîne alimentaire et Environnement

Responsible Departments

SPF Economie, PME, Classes moyennes et Energie

Products & Services concerned

Tobacco products

Related EU Law

None

Explanation

The amendment of Article 3 of the Royal Decree requires further explanation.

Summary

The aim of the draft is to amend the Royal Decree of 7 April 2019 in order to:

Notification Timeline

This timeline summarizes key events in the notification process

Law is drafted in Belgium Belgium notifies the draft law 14.05.24 Draft law returns to Belgium Commenting Periode Ends 16.08.24 8 Member States & EC Responses 0 Detailed Opinions 2 Comments 1 External Stakeholders Responses

Notification Comparison

Track the evolution of this law — uncover the changes made from draft to final version based on input from the Commission, key organisations, and Member States.

Highlighted sections mark additions, and crossed-out text marks what was removed.

Document Corner
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Originating Department: Service public fédéral Santé publique, Sécurité de la Chaîne alimentaire et Environnement
Responsible Department: SPF Economie, PME, Classes moyennes et Energie
Received: 2024-05-14 00:00:00
Country: Belgium
Category: GOODS AND MISCELLANEOUS PRODUCTS

Royal Decree amending the Royal Decree of 7 April 2019 on the traceability and safety features of tobacco products

Notification No.: 2024-0257-BE

The Kingdom of Belgium
_________
FEDERAL PUBLIC SERVICE FOR PUBLIC HEALTH, SAFETY OF THE FOOD CHAIN AND THE
FEDERAL PUBLIC SERVICE FOR
PUBLIC HEALTH, SAFETY OF THE
FOOD CHAIN AND THE
ENVIRONMENT
________________________
Royal Decree amending the Royal Decree of 7 April 2019 on the traceability and safety
features of tobacco products
29 NOVEMBER 2024. - Royal Decree amending the Royal Decree
of 7 April 2019 on the traceability and safety features of tobacco
products
REPORT TO THE KING
Sire,
The Draft Royal Decree before you aims to amend the Royal
Decree of 7 April 2019 on the traceability and safety features of
tobacco products.
Article by article comments
Article 1. Article 2 is amended to refer to the new Royal Decree of
3 March 2024 on the manufacture and marketing of tobacco
products and herbal products for smoking.
Art. 2. Article 2 amends Article 8 to change the date from 2025 to
2026 as provided for in Commission Implementing Regulation
(EU) 2018/574 of 15 December 2017 on technical standards for
the establishment and operation of a traceability system for
tobacco products.
Article 3. Article 3 deals with the entry into force of the Decree.
Article 4. Article 4 designates the competent minister who will
ensure the application of the provisions of this Decree. This is the
Minister of Health.
We remain,
Sire,
Your Majesty’s
most respectful and faithful servants,
The Minister for Public Health,
F. VANDENBROUCKE

29 NOVEMBER 2024. - Royal Decree amending the Royal Decree
of 7 April 2019 on the traceability and safety features of tobacco
products
PHILIPPE, King of the Belgians,
To all those present and to come, Greetings.
Having regard to the Law of 24 January 1977 on the protection of consumer health with respect
to foodstuffs and other products, Article 6, § 1(a), and § 8, inserted by the Law of 18 May 2022;
Having regard to the Royal Decree of 7 April 2019 on the traceability and safety features of
tobacco products;
Having regard to the communication to the European Commission, dated XXX, pursuant to
Article 5(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council of
9 September 2015 laying down a procedure for the provision of information in the field of
technical regulations and of rules on Information Society services;
Having regard to the opinion of the Finance Inspectorate, issued on XXX;
Having regard to opinion XX of the Council of State, issued on XXX, pursuant to Article 84, § 1(1)
(2), of the Acts on the Council of State, consolidated on 12 January 1973;
Having regard to the Law of 24 January 1977 on the protection of
consumer health with respect to foodstuffs and other products,
Article 6, § 1(a);
Having regard to the Royal Decree of 7 April 2019 on the
traceability and safety features of tobacco products;
Having regard to the communication to the European
Commission, dated 14 May 2024, pursuant to Article 5(1) of
Directive (EU) 2015/1535 of the European Parliament and of the
Council of 9 September 2015 laying down a procedure for the
provision of information in the field of technical regulations and of
rules on Information Society services;
Having regard to the opinion of the Finance Inspectorate, issued
on 17 June 2024;
Having regard to opinion 76.953/1/V of the Council of State,
issued on 9 August 2024, pursuant to Article 84, § 1(1)(2), of the
Acts on the Council of State, consolidated on 12 January 1973;
On the proposal of the Minister for Public Health,
I HAVE DECREED AND HEREBY DECREE:
Article 1. Article 2 of the Royal Decree of 7 April 2019 on the traceability and safety features of
tobacco products is replaced by the following:
“ Art. 2. For the purposes of this Decree, the definitions applicable are those set out in the Royal
Decree of 3 March 2024 on the manufacture and marketing of tobacco products and herbal
products for smoking, insofar as this Decree does not provide for any other definition.”
Article 2. Article 3 of the same Decree is replaced by the following:
Article 1. Article 2 of the Royal Decree of 7 April 2019 on the
traceability and safety features of tobacco products is replaced by
the following:
“ Art. 2. For the purposes of this Decree, the definitions applicable
are those set out in the Royal Decree of 3 March 2024 on the
manufacture and marketing of tobacco products and herbal
products for smoking, insofar as this Decree does not provide for
any other definition.”
Article 2. In Article 8, § 2, of that Decree, the words “20 May
2025” are replaced by the words “20 May 2026”.
Article 3. This Decree shall enter into force on 1 January 2025.
Article 4. The Minister for Public Health shall be responsible for
the implementation of this Order.

“ Article 3. § 1. Each unit packet of tobacco products placed on the market shall bear a unique
identifier.
Tobacco products which do not appear on the list of validated products published by the
Service on its website in accordance with Article 4, § 11, of the Royal Decree of 3 March 2024 on
the manufacture and marketing of tobacco products and herbal products for smoking cannot
obtain a unique identifier.
§ 2. In order to ensure the integrity of the identifier, the identifier shall be printed or affixed in
an irremovable, indelible manner, and shall not be concealed or interrupted in any way,
including by fiscal signs or price labels, or by the opening of the unit packet.
§ 3. The unique identifier shall allow the following to be determined:
1. the date and place of manufacture;
2. the factory;
3. the machinery used for the manufacture of tobacco products;
4. the production slot or time of manufacture;
5. the product description;
6. the target market for retail sale;
7. the intended shipment route;
8. where applicable, the importer into the Union;
9. the actual route from the place of manufacture to the first retailer, including all the
warehouses used, as well as the date of transport, the destination, the point of departure and
the consignee;
10. the identity of all purchasers from the place of manufacture to the first retailer; and
11. the invoice, order number and proof of payment of all purchasers from the place of
manufacture to the first retailer.
§ 4. The information referred to in paragraph 3(1), (2), (3), (4), (5), (6), (7) and, where
applicable, (8) of this Article shall be part of the unique identifier.
§ 5. The information referred to in paragraph 3(9), (10) and (11) of this Article shall be
electronically accessible by means of a link to the unique identifier.
§ 6. All economic operators involved in the trade of tobacco products, from the manufacturer
to the last operator before the first retailer, shall record the entry of all unit packets in their
possession, as well as all intermediate movements and the definitive exit of the unit packets.
This obligation can be met by marking and recording an aggregated outer packaging such as
cartridges, crates or pallets, as long as the identification and traceability of all unit packets
remain possible.
§ 7. All natural and legal persons involved in the supply chain of tobacco products shall keep a
complete and accurate record of all relevant operations.
§ 8. Manufacturers of tobacco products shall provide all economic operators involved in the
trade of such products from the manufacturer to the last economic operator before the first
retailer, including importers, warehouses and transport companies, with the necessary
equipment (current and future) to record tobacco products purchased, sold, stored, transported
or otherwise handled. This equipment shall enable the recorded data to be read and transmitted
in electronic form to a data storage facility referred to in Article 4 of this Decree.
In order to ensure the compatibility of the equipment supplied by manufacturers of tobacco
products, economic operators shall define the technical characteristics of the equipment they
need in the context of the implementation of this Order, as regards both the necessary hardware
and software.

§ 9. The costs associated with the operation of the traceability system shall be reimbursed to
economic operators by tobacco manufacturers. These costs shall include, inter alia, staff costs,
equipment renewal and maintenance costs, and software costs.”
Article 3. In Article 8, § 2, of that Decree, the words “20 May 2025” are replaced by the words
“20 May 2026”.
Article 4. The Minister for Public Health shall be responsible for the implementation of this
Order.
Done in Brussels, on 29 November 2024.
PHILIPPE
By the King:
The Minister for Public Health,
F. VANDENBROUCKE

Download the Draft & Final Versions of the Law

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Commenting Organisations

This section lists all organisations that have submitted comments on this notification. Each entry includes the organisation’s name, the number of contributions made, and a link to view their comments. Explore the list to understand which stakeholders are actively engaging in the consultation process.
Organisation Comments Date Total Contributions
Tobacco Europe AISBL Download 2024-08-12 4
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