65 As regards, in the fourth place, the claim that prohibiting characterising flavours does not improve the functioning of the internal market but, on the contrary, produces divergences in the matter at national level when Directive 2014/40 is transposed, because of the imprecise nature of the concept of ‘characterising flavour’, the Court points out that that concept is defined in Article 2(25) of that directive as meaning ‘a clearly noticeable smell or taste other than one of tobacco, resulting from an additive or a combination of additives, including, but not limited to, fruit, spice, herbs, alcohol, candy, menthol or vanilla, which is noticeable before or during the consumption of the tobacco product’.
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