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Application of Serbian Standards for Tobacco and Tobacco Products Will be Exclusively on Voluntary Basis

Application of Serbian Standards for Tobacco and Tobacco Products Will be Exclusively on Voluntary Basis

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Previously Yugoslav (JUS), and now Serbian (SRPS) standards for tobacco and tobacco products, dating back from the sixties and eighties of the 20th century, are no longer mandatory. Starting from 10 July 2021, manufacturers of tobacco and tobacco products, including cigarettes, are not obliged to place products in the market that meet the requirements established by these standards.

The reason for this change is entry into force of the Law on regulation of market of agricultural products (Official Gazette of RS no. 67/2021), whose final provisions prescribe that its entry into force shall repeal the Rulebook on technical and other requirements for tobacco and tobacco products (Official Gazette of RS no. 63/2009) (“the Rulebook”).

The Rulebook used to be enacted as a technical regulation based on the Law on technical requirements for products and conformity assessment (Official Gazette of RS no. 36/2009) (“the Law”), according to which tobacco and tobacco products, in addition to the requirements prescribed by special technical regulations, had to meet the requirements established by the following standards upon placement on the market or in use:

  • SRPS E.P1.010 Dry and fermented tobacco in leaves – General requirements;
  • SRPS E.P1.010/1 Unfermented and fermented tobacco in leaves – General requirements – amendment;
  • SRPS E.P1.021 Fermented tobacco in leaves – Oriental aromatic type of tobacco;
  • SRPS E.P1.022 Fermented tobacco in leaves – Oriental-additional type of tobacco;
  • SRPS E.P1.024 Fermented tobacco in leaves – Herzegovina type of tobacco;
  • SRPS E.P1.026 Fermented tobacco in leaves – Burley type of tobacco;
  • SRPS E.P1.027 Fermented tobacco in leaves – Virginia type of tobacco;
  • SRPS E.P2.010 Cigarettes – General requirements;
  • SRPS E.P2.010/1 Cigarettes – General requirements – amendments;
  • SRPS E.P2.015 Cut tobacco.

These standards are still valid, hence their application is possible in the future but exclusively on a voluntary basis in accordance with the Law on Standardisation (Official Gazette of RS no. 36/2009 and 46/2015).

Cessation of obligatory application of standards for tobacco and tobacco products marks a significant turnover in the tobacco industry that relied for decades on their application. Whether tobacco companies will opt to continue the application of these standards or they will offer products complied with other requirements (including those established at the level of multinational groups) remains to be seen.

From a legal and technical aspects, it remains unclear why the end of validity of the Rulebook was prescribed by the Law on the regulation of the market of agricultural products instead by the earlier adopted Law on technical requirements for products and conformity assessment (Official Gazette of RS no. 49/2021), which repealed the Law that the Rulebook was actually adopted upon.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.

By Ivana Ruzicic, Managing Partner, PR Legal

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