Message 002
Communication from the Commission - TRIS/(2020) 03386
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2020/0579/NL
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: 202003386.EN)
1. MSG 002 IND 2020 0579 NL EN 17-09-2020 NL NOTIF
2. NL
3A. Ministerie van Financiën
Belastingdienst/Douane centrale dienst voor in- en uitvoer
3B. Ministerie van Volksgezondheid, Welzijn en Sport, Directie Wetgeving en Juridische Zaken
4. 2020/0579/NL - X00M
5. Draft amending the Tobacco and Smoking Products Act regulating electronic heating devices for tobacco products and introducing requirements on the appearance of cigarettes.
6. Re: electronic heating devices for heating tobacco products and requirements on the appearance of cigarettes.
7. -
8. The Tobacco and Smoking Products Act is amended to:
1) incorporate heating devices and 2) enable rules to be set on the appearance of cigarettes.
1) Regulation of electronic tobacco heating devices will apply the ban on smoking, advertising ban, brand stretching ban and various sales restrictions (such as the minimum age of 18 years) to these devices. It will also be possible to issue a general administrative regulation to set requirements on the packaging, such as banning or prescribing certain indications that may promote product use or indicate that the product is healthy.
2) The second proposed legislative amendment makes it possible to set requirements on the appearance of cigarettes by ministerial order. Some examples here would be provisions on (a) colours, (b) indications, (c) product design and material and (d) other aspects of the product that may be used to distinguish it from other tobacco products or related products.
9. For a successful tobacco control policy, it is necessary to focus on several measures that relate to each other. These measures consist of, among other things, the introduction of the standard packaging, the display ban, the extension of the ban on smoking and the advertising ban, an increase in excise duties, the use of multi-annual campaigns, and accessible and available care services to help people stop smoking. All of these measures are aimed at preventing tobacco products from being attractive, accessible and available to young people, but also to other vulnerable groups such as smokers who want to stop and ex-smokers.
Electronic heating devices heat tobacco instead of burning it. For this reason, these devices currently fall outside the scope of the Tobacco and Smoking Products Act, which still cannot be enforced for them. Research by the National Institute for Public Health and the Environment shows that emissions from tobacco sticks in an electronic heating device are harmful to health. Thus, for instance, it is clear that emissions from heated tobacco sticks contain nicotine, carcinogens and other harmful substances such as propylene glycol, glycerol, aldehydes, nitrosamines and metals. The substances released during tobacco stick consumption can irritate or harm the lungs of users or bystanders. Moreover, tobacco sticks are addictive products because their emissions contain nicotine. The government therefore deems it desirable to regulate electronic devices. The requirements on devices that heat tobacco instead of burning it and the option to set requirements on the appearance of cigarettes provided for in this draft will ban the promotion of these products by producers, importers and retailers. This helps reduce the temptation for young people and ex-smokers to purchase these electronic heating devices or cigarettes. A less restrictive alternative that can achieve the same goal is not conceivable, justifying this form of government intervention.
10. Numbers or titles of the basic texts: Annex 1: file with the relevant current provisions of the Tobacco and Smoking Products Act, in the version in force on 5 September 2020.
Annexes 2 and 3: the draft amending the Tobacco and Smoking Products Act (Annex 2) and the explanatory notes thereto (Annex 3).
Please note that this notification is for a draft Act regulating tobacco heating devices and establishing a basis for setting requirements on the appearance of cigarettes. For the full title of the order, reference is made to Section 5 of this form. Thus, the other annex is only a ‘basic text’.
11. No
12. -
13. No
14. No
15. Yes
16. TBT aspect
No - the draft conforms to an international standard.
SPS aspect
No - the draft is neither a sanitary nor phytosanitary measure.
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European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu
