L 226/24 Official Journal of the European Union 10.9.2003 COMMISSION DECISION of 5 September 2003 on the use of colour photographs or other illustrations as health warnings on tobacco packages (notified under document number C(2003) 3184) (Text with EEA relevance) (2003/641/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 2001/37/EC of the European Parlia- ment and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products ('), and in particular Article 5(3) thereof, Whereas: 1 According to Directive 2001/37/EC each unit packet of tobacco products, except for tobacco for oral use and other smokeless tobacco products, and any outside packaging, with the exception of additional transparent wrappers, must carry a general warning and an addi- tional warning taken from the list set out in Annex I to that Directive. Member States can decide whether health warnings in the form of colour photographs or other illustrations are required on the packages of some or all types of tobacco products, except for tobacco for oral use and other smokeless tobacco products. Where Member States require additional warnings in the form of colour photographs or other illustrations these must be in accordance with the rules to be adopted by the Commission. Directive 2001/37/EC has introduced new labelling provisions which significantly change the aspect of tobacco packets, in particular as far as the size of the warning texts and their graphical presentation is concerned. In order to take maximum advantage of the visual impact achieved with this new design, it should remain unchanged for a certain length of time before colour photographs or other illustrations are introduced. As research and experience in other countries which have adopted health warnings with colour photographs has proved, health warnings which include colour () OJ L 194, 18.7.2001, p. 26. (10) photographs or other illustrations can be an effective means of discouraging smoking and informing citizens about the health risks related to smoking. The use of photographs on tobacco packages therefore is a key element of a comprehensive and integrated tobacco control policy. Given the cultural diversity existing across the European Union, a choice of several colour photographs or other illustrations should be made available for each of the additional warnings listed in Annex I to Directive 2001/ 37/EC. Where Member States require health warnings in the form of colour photographs or other illustrations, it should be ensured that these visual elements are not concealed or otherwise impaired. Where Member States require health warnings in the form of colour photographs or other illustrations, transi- tional periods should be provided for in order to allow for the necessary changes in the production and packa- ging process for tobacco products and for the disposal of stocks. The use of irremovable labels should be allowed for tobacco products other than cigarettes. The introduction of picture-based warnings needs to be monitored and its effectiveness periodically assessed. The measures provided for in this Decision are in accor- dance with the opinion delivered by the Committee set up under Article 10 of Directive 2001/37/EC, HAS ADOPTED THIS DECISION: 1. Atrticle 1 Subject matter and scope This Decision establishes rules for the use on tobacco packages of colour photographs or other illustrations to depict and explain the health consequences of smoking.