1.By way of derogation from the first subparagraph of Article 2(2), the following rules shall apply to combined health warnings to be placed on the front of unit packets having a flip-top lid:
(a)where the lid is smaller than the surface area foreseen for the photograph in Article 2(2) and compliance with that provision would result in the photograph being split upon opening:
the text warning shall be placed at the top of the combined health warning, with the cessation information and photograph underneath as illustrated in section 4 of the Annex; and
the photograph shall occupy at least 50 % of the surface area of the combined health warning, the text warning at least 30 % and the cessation information at least 10 % but no more than 12 % of the surface area of the combined health warning inside the outer black border;
(b)where the lid is larger than the surface area foreseen for the photograph in Article 2(2) and compliance with that provision would result in the text warning or cessation information being split upon opening:
the photograph shall be placed at the top of the combined health warning, with the text warning and cessation information underneath as illustrated in section 1 of the Annex; and
the photograph shall occupy at least 50 % of the surface area of the combined health warning, the text warning at least 30 % and the cessation information at least 10 % but no more than 12 % of the surface area of the combined health warning inside the outer black border.
Manufacturers shall ensure that none of the three elements of the combined health warning is split upon opening of the unit packet.
2.By way of derogation from Article 3(5)(e) and (5)(f), manufacturers or importers of cigarettes, roll-your-own tobacco and waterpipe tobacco in unit packets with a flip-top lid may reduce the font size or space between the lines of the text warning and cessation information on the front of packages where the combined health warning is in more than one language, provided that all elements of the combined health warning remain fully visible.