Message 002
Communication from the Commission - TRIS/(2016) 03765
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2016/0648/EE
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: 201603765.EN)
1. MSG 002 IND 2016 0648 EE EN 13-12-2016 EE NOTIF
2. EE
3A. Majandus- ja Kommunikatsiooniministeerium, siseturuosakond, siseturu toimimise talitus.
Harju 11, 15072 Tallinn.
el.teavitamine@mkm.ee
tel: 00 372 6256 405 – faks: 00 372 6313 029
3B. Sotsiaalministeerium, rahvatervise osakond.
Gonsiori 29, 15027 Tallinn
kart.sober@sm.ee
tel: 00 372 6269152; faks: 00 372 6992209
4. 2016/0648/EE - X00M
5. Draft act amending the Tobacco Act
6. Tobacco products.
7. -
8. The draft act extends the area of regulation of the act by providing exceptions from requirements, similar to those applying to tobacco products, tobacco-related products or their packaging which a traveller brings in luggage or which are sent from a foreign country to a natural person for non-commercial use. The draft act adds composition and purity requirements for the nicotine-free liquid of electronic cigarettes to the Tobacco Act, and prohibits flavours other than the tobacco flavour in e-cigarettes. The draft act establishes a prohibition on domestic distance selling of tobacco products and tobacco-related products. Provisions on sales promotion in the effective Tobacco Act are also extended to tobacco-related products as well as the prohibition on selling a tobacco-related product in sales packaging which contains another product. In addition, prohibition is established on displaying tobacco products and tobacco-related products and their brands in retail outlets. An exception is made for specialised retail outlets, vessels of international lines and shops located in closed territories of airports and ports. Unless the person is clearly an adult or known to the seller, the seller must request a document from a buyer when purchasing a tobacco product or a tobacco-related product. The draft act gives the Tax and Customs Office the right to perform test purchases to identify the sale of illegal tobacco products. A similar right is also given to police officers to identify sales of tobacco products or tobacco-related products to minors, together with the right to involve persons at the minimum age of 16 years in the performance of test purchases. The draft act extends the current prohibitions and restrictions applicable only to smoking also to the consumption of an electronic cigarette. Under the draft act, the obligation to submit a notice of economic activities also applies to undertakings engaged in the sale of tobacco-related products. The draft act also extends the provisions on liability, proceeding from the extended requirements for tobacco products, to electronic cigarettes and other tobacco-related products. In addition, certain references (related to legislative drafting) to the implementing acts of Directive 2014/40/EU that have entered into force, are added to the draft act, and, for legal clarity purposes, the date for rotating the combined health warnings is specified. In 2017 this date is 20 May and will be 1 January from 2018.
9. The main purposes of the draft act are to protect human health, particularly the health of minors, including preventing initiation of consumption of tobacco products and alternative products, make these products less attractive, reduce passive smoking or passive consumption of e-cigarettes, and make tobacco products and their alternative products less accessible to minors. The purpose of the draft act is also to reduce and prevent addiction to tobacco products and their alternative products, as well as reduce and prevent related health damage and health risks in Estonian society.
Estonia has set itself the goal of treating tobacco products and their alternative products (e.g. electronic cigarettes) in the same manner as products used for similar purposes. Therefore, with the draft act, the intention is prohibit the use of flavourings in electronic cigarettes with or without nicotine from 1 January 2019. As an exception, it is permitted to use the tobacco flavour in e-liquids. In our opinion, flavoured e-liquids target children and young people in particular, and are an appealing way of getting them to start smoking. They do not help stop smoking, but rather favour the use of both products at the same time, and constitute a risk of intoxication above all for young children. According to the Health Board, which is the competent authority on reporting on tobacco products and e-cigarettes, notices of 7 335 different e-liquids marketed in Estonia had been submitted as of 6 December 2016. While in 2012, 10% of the Estonian adult population had used e-cigarettes, the proportion had increased to 15% by 2014. Among schoolchildren, already 35.7% of boys and 25.4% of girls had tried e-cigarettes in 2014. We find it absolutely necessary to prohibit flavours in order to reduce the initiation of consumption of this product among minors and reduce its general consumption among the population. In order to make tobacco products and other related products less attractive, the draft act provides for the prohibition on their display and presentation of their brands and additional restrictions on their sales promotion. In addition, the composition and purity requirements, provided for in Directive 2014/40/EU for e-cigarettes with nicotine content, are also extended to e-liquids without nicotine content. Besides, domestic distant sales of tobacco products and related products are prohibited in addition to cross-border sales, thereby reducing the risk of accessibility of these products to minors.
10. Reference(s) to basic text(s): Directive 2014/40/EU
Tobacco Act
The basic texts were forwarded with an earlier notification: 2014/253/EE
11. No
12. -
13. No
14. No
15. Reducing the spread of consumption, attractiveness and accessibility of tobacco products and related products will reduce early mortality and morbidity caused by preventable chronic diseases related to the consumption of tobacco or alternative products, and reduce direct and indirect health care costs, as well as improve the quality of life of the population and therefore the national economic wealth.
16. TBT aspect
Yes
SPS aspect
No - the draft is neither a sanitary nor a phytosanitary measure.
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European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir83-189-central@ec.europa.eu
