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The Netherlands plans to revise the Tobacco and Smoking Products Regulations to include a detailed list of prohibited additives
Author.
LCS
Source:
Post time:
2023-11-06
On September 19, 2023, the Netherlands notified the European Commission of a draft regulation revision (notification number 2023/0544/NL) to revise the Tobacco and Smoking Products Regulations, establish a detailed list of prohibited additives for tobacco and e-cigarette products, and further regulate additives prohibited under Article 7 (6) of the EU Tobacco Products Directive (TPD) (Directive 2014/40/EU). The detailed list of prohibited additives was developed by the National Institute of Public Health and Environment (RIVM) in the Netherlands and is also applicable to nicotine free e-cigarette products.
The detailed list of prohibited additives added to the Tobacco and Smoking Products Regulations should comply with the existing prohibitions in Articles 2.6, 2.10, and 2.11 of the Tobacco and Smoking Products Regulations. These provisions implement Article 7 (6) of TPD (Directive 2014/40/EU), which stipulates that tobacco products (as well as electronic cigarettes specified in Article 20 (3) (c)) shall not contain the following additives:
(a) Vitamins or other additives that create an impression of beneficial health or reduce health risks;
(b) Caffeine, taurine, or other additives and stimulants related to energy and vitality;
(c) Additives that cause discoloration of emissions;
(d) Additives that promote the inhalation or absorption of nicotine;
(e) Additives that exhibit carcinogenic, mutagenic, and reproductive toxicity (CMR) characteristics in an unburned state.
The revision provides a detailed list of prohibited additives in the form of a schedule, expected to take effect on January 1, 2024.
Notification link: https://technical-regulation-information-system.ec.europa.eu/en/notification/24761
Detailed list of prohibited additives:
background
The Technical Regulation Information System (TRIS) is a technical regulation information system established in accordance with the directive DIRECTIVE (EU) 2015/1535 laying down a procedure for the provision of information in the field of technical regulations and rules on Information Society services. (EU) 2015/1535 stipulates that member states have an obligation to inform the European Commission of their intention to introduce draft technical regulations for products (industrial, agricultural, and fishery) and information society services before national laws are passed. Its purpose is to ensure that these technical regulations comply with EU laws and internal market principles, and to prevent them from creating trade barriers in the internal market. Member States will notify the European Commission of their legislative projects on products and information society services, and the Commission will analyze these projects based on EU legislation. Member States participate equally with the Committee in this process and express their opinions on the draft notification.
The main benefits of this program are:
a. Allow for the emergence of new trade barriers before any negative impact on the internal market occurs;
b. Allow the identification of trade protectionism measures;
c. Allow member states to determine the degree of compatibility between the notification draft and EU laws;
d. Allow effective dialogue between member states and the committee when evaluating the draft notification;
e. Allow economic operators to voice their voices and adjust their activities in a timely manner to adapt to future technical regulations. This review power is widely used by economic operators to help committees and national authorities detect any trade barriers;
f. Allow the identification of coordination needs at the EU level.
A notification usually has a stand still period, which is the period during which the member state concerned cannot pass the draft technical regulation being notified. The validity period of the notification of the draft technical regulation is three months, which can be extended based on the feedback type issued by the committee or other member states. During the three-month stagnation period, the Commission and other member states reviewed the notified draft technical regulations to determine whether they comply with EU law and the principle of free movement of goods and services. The extended standstill period allows for dialogue with notified member states or prevents them from passing legislative drafts while coordinating work at the EU level.
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