Message 002
Communication from the Commission - TRIS/(2020) 01372
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2020/0228/DK
No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.
(MSG: 202001372.EN)
1. MSG 002 IND 2020 0228 DK EN 17-04-2020 DK NOTIF
2. DK
3A. Erhvervsstyrelsen
Langelinie alle 17
2100 København Ø
e-mail: notifikationer@erst.dk
3B. Sundheds- og Ældreministeriet
Holbergsgade 6
1057 København K
email: sum@sum.dk
4. 2020/0228/DK - S00S
5. Bill amending the Act on the ban on tobacco advertising etc., Act on tobacco products etc., Act on electronic cigarettes etc. and various other acts (Implementation of the national action plan against smoking by children and young people)
6. S00S - HEALTH, MEDICAL EQUIPMENT
7. - Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC - Article 24(2) and (3)
8. - Display ban:
tobacco products, tobacco substitutes and electronic cigarettes are not to be visible to consumers at points of sale, including on the Internet, until a customer specifically requests them. This does not however apply to:
physical shops that specialise in the sale of cigars, pipes and pipe tobacco respectively, and the sale of electronic cigarettes:
- Stricter ban on advertising and sponsorship:
all forms of direct and indirect advertising and sponsorship are banned and, as an additional element, tobacco substitutes and herbal products for smoking are also covered by the ban.
- Standardised packaging:
all tobacco products, herbal products for smoking and electronic cigarettes must have a uniform appearance. This does not however apply to cigars, pipe tobacco and pipes. The standardisation means, among other things, that the manufacturer and product name must appear in a standardised way, that logos must not stand out and that the colour etc. of the packaging must be standardised. Standardisation can limit the advertising effect of the packaging.
- Smoke-free school time:
to avoid school pupils being confronted with smoking etc. during school hours, it is proposed that school time should be smoke-free in all primary schools, boarding schools, continuation schools and upper secondary education facilities.
- Smoke-free properties:
upper secondary education facilities including children and young people under 18 years of age and not covered by the current requirements for smoke-free properties are proposed to be included.
- Ban on the sale of tobacco, tobacco substitutes, herbal products for smoking and electronic cigarettes and refill containers with and without nicotine in primary schools, boarding schools, continuation schools and upper secondary education facilities.
- Ban on flavourings in tobacco products and electronic cigarettes:
the sale of electronic cigarettes etc. with characteristic flavours other than the taste of tobacco and menthol is banned. The same is proposed for those tobacco products that are not already covered by the ban on characteristic flavours, although not for pipe tobacco and cigars or herbal products for smoking.
- Regulation of tobacco substitutes (nicotine products):
not previously regulated in Danish law, but proposed to be covered by the same regulation as tobacco products with respect to, for example, advertising regulations, age limits, etc. Requirements are also proposed on health warnings on the packaging in line with the current regulations for electronic cigarettes.
- Age control system and stricter penalty levels:
requirements are laid down for all retailers marketing over the Internet to ensure a system that effectively verifies the age of the purchaser, and the penalty of breaching the age limit is proposed to be made stricter.
- Registration scheme for retailers of electronic cigarettes and refill containers with and without nicotine, registration scheme for tobacco substitutes and refill containers without nicotine.
- Stricter penalties for breaches of the Act on smoke-free environments.
- Easier access for municipalities to provide free smoking cessation medication.
9. The bill implements an agreement on a national action plan against smoking by children and young people agreed on 18 December 2019 between the Government (Social Democrats) and Venstre (Danish Liberal Party), Radikale Venstre (Danish Social Liberal Party), Socialistisk Folkeparti (Socialist People’s Party), Enhedslisten (Red-Green Alliance), Det Konservative Folkeparti (Conservative People’s Party) and Alternativet (the Alternative). The agreement includes a wide range of initiatives intended to stop and prevent smoking and nicotine dependency among children and young people, and the agreement implements a number of the initiatives that patient associations and professionals have urged for several years.
With the proposal, the Danish Ministry of Health emphasises that smoking is extremely damaging to health. It is the combination of all the initiatives that is to effectively contribute to reducing the proportion of young people who smoke in Denmark and in the long term contribute to reducing health inequality.
10. No basic text(s) available
11. No
12. -
13. No
14. No
15. Yes
16. WTO aspect
No - the draft is neither a technical regulation nor a conformity assessment procedure.
SPS aspect
No - the draft is neither a sanitary nor phytosanitary measure.
**********
European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu
