TPD2010 - General Principles: Law
The EC Directives solely concerned with the excise duties on tobacco products are:
- Council Directive 95/59/EC of 27 November 1995 (this is the âconsolidatedâ directive that lists and defines the products subject to the duty, specifies the duty structure and lists the exemptions from the duty);
- Council Directive 92/79/EEC of 19 October 1992 (setting a minimum rate of duty for cigarettes);
- Council Directive 92/80/EEC of 19 October 1992 (setting minimum rates for tobacco products other than cigarettes) and
- Council Directive 1999/81/EC of 29 July 1999 (this directive resulted from a Commission review of structures and rates and amended the rates set in Directive 95/80/EEC and made other technical amendments).
The primary law on Tobacco Products Duty (TPD) and fiscal marks is contained in the âTobacco Products Duty Act 1979â.
Secondary legislation is contained in:
- the âTobacco Products Regulations 2001â; and
- âTobacco Products (Descriptions of Products) Order 2003â.
Sections of Notice 476, in particular some of those dealing with fiscal marks, have the force of law.