Message 002
Communication from the Commission - TRIS/(2022) 02475
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2022/0490/E
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: 202202475.EN)
1. MSG 002 IND 2022 0490 E EN 14-07-2022 E NOTIF
2. E
3A. Subdirección General de Asuntos Industriales, Energéticos, de Transportes y Comunicaciones y de Medio Ambiente. Plaza del Marqués de Salamanca, 8, 28006. Madrid. Email: d83-189@maec.es
3B. Comisionado para el Mercado de Tabacos. Subsecretaría de Hacienda y Función Pública. Ministerio de Hacienda y Funcion Pública. Paseo de la Habana 140. Madrid. Email: presidencia.cmt@cmtabacos.hacienda.gob.es
4. 2022/0490/E - X00M
5. Preliminary Draft of the Law on the Market for Tobacco and Related Products
6. Tobacco and related products
7. - The text incorporates some of the obligations laid down in Community legislation, in particular Directive 2014/40/EU and its implementing regulations as they relate to traceability and safety measures for tobacco products.
In addition, it specifies obligations imposed on the parties by the Protocol to Eliminate Illicit Trade in Tobacco Products under the World Health Organisation Framework Convention on Tobacco Control.
The text also includes application of the provisions of Regulation (EU) 2019/1020 on market surveillance, designating the Commissioner for the Tobacco Market as the national market surveillance authority for tobacco and related products, and granting the Commissioner the powers set out in the aforementioned regulation for the control and surveillance of these products, to avoid non-compliance with the relevant provisions of Directive 2014/40/EU and the law that transposes it in Spain, Royal Decree 579/2017 of 9 June 2017.
8. The law governs the legal regime in Spain for the market for tobacco and related products, as well as for its operators. It contains the definitions related to products, operators and activities on the market. It sets out the principles governing the market: which activities are carried out under free competition and which under a monopoly regime, within which the sale of tobacco-related products is introduced, and the principles of neutrality, transparency and due diligence on the market. It retains the free formation of prices by operators, as well as their mandatory publication. It sets out the European traceability obligations for tobacco products, as well as the duty of cooperation with the Commissioner.
With regard to market operators, the text governs the general requirements on operators. It then identifies each of these operators, along with the special requirements applicable to each: first tobacco processing, production machinery manufacturers or dealers, tobacco producers, importers or introducers, distributors, exporters or consignors, resellers and points of sale with surcharge (retail), vending machine manufacturers or dealers, producers of tobacco-related products and other operators involved in the value chain in any way. It also establishes registers for operators, installations, production machinery and vending machines, as well as interest groups.
The law sets the fees for the provision of specific services by the Commissioner.
It governs the legal regime, structure, powers and duties of the Commissioner. The text designates the Commissioner as the market surveillance authority within the meaning of Regulation (EU) 1020/2019 for tobacco products, with the powers conferred by that regulation for the surveillance and control of these products on the market and the obligations of market operators related to these duties.
It specifies infringements and penalties for the tobacco market.
The additional provisions of the law govern: the regime for operators in the Autonomous Community of the Canary Islands, the distribution of fiscal stamps, the destruction of tobacco, machinery and other abandoned, seized or confiscated products, the special regimes for certain points of sale and the obligation on operators to interact electronically.
The law sets out certain transitional provisions for products, operators, resellers and fees governed by past legislation.
Finally, the preliminary draft repeals conflicting past regulations.
9. The objectives of the preliminary draft law are as follows:
1. modernise Spanish tobacco market legislation and bring conventional tobacco regulation into line with new forms of smoking, and improve the wording, intelligibility, systematic order and legal certainty of the law;
2. adapt Spanish legislation to international treaties and conventions, and to European regulations on tobacco and other related products;
3. improve the effectiveness of government control for tobacco and other related products and market operators, promote transparency in the sector and in its relations with public authorities, to reduce the risk of interference or conflicts of interest;
4. ensure the safety of consumers of these products, and improve control over the processing, production, distribution and sales chain;
5. help boost the effectiveness of the fight against the illicit trade in tobacco products in all links of the chain, from tobacco leaf processing to sales to consumers;
6. modernise the infringement and penalty regime;
7. arrange duties and concession fees and update their amounts.
10. There are no basic texts
11. No
12. -
13. No
14. Yes
15. The Regulatory Impact Analysis Report has analysed the following impacts: economic and budgetary impacts, including on the economy in general, competition, administrative burdens and budgetary expenditures and revenues; impacts on gender, due to climate change, non-discrimination, equal opportunities and health.
16. TBT aspect
NO - The draft will have no discernible effect on international trade.
SPS aspect
No - The draft is neither a sanitary nor a phytosanitary measure.
**********
European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu
