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Slovenia plans to revise the "Restriction of the Use of Tobacco and Related Products Act" to restrict taste and add requirements for zero nicotine e-cigarettes
Author.
LCS
Source:
Post time:
2023-11-21
In November 2023, Slovenia notified the European Commission of a draft amendment (notification number 2023/0636/SI) to amend the Restriction of the Use of Tobacco and Related Products Act (ZOUTPI), which imposes taste restrictions on e-cigarettes and adds requirements for zero nicotine e-cigarettes.
1. Zero nicotine products have been added to the definition of e-cigarettes. Zero nicotine e-cigarettes must also undergo TPD notification, and the packaging (excluding warning words) and instructions must be consistent with the requirements of nicotine containing e-cigarettes. They must also have child proof opening and anti opening functions to prevent leakage and damage.
2. The volume requirements for zero nicotine e-cigarettes are consistent with those for nicotine containing e-cigarettes: the volume of specialized supplementary containers shall not exceed 10ml, and the volume of disposable e-cigarettes or cartridges shall not exceed 2ml.
3. The prohibited additives for zero nicotine e-cigarettes are consistent with the requirements for nicotine containing e-cigarettes. They must not contain: vitamins or other additives that create an impression of beneficial health or reduce health risks, caffeine, taurine or other additives and stimulants related to energy and vitality, additives with emission coloring properties, additives that promote nicotine inhalation or absorption, and additives that are carcinogenic, mutagenic, or Additives with reproductive toxicity (CMR) characteristics. The oil composition of zero nicotine e-cigarettes also requires the use of pure substances, which do not pose a risk to human health when heated or unheated.
4. Electronic cigarettes containing nicotine and those without nicotine are not allowed to contain any seasoning other than tobacco and mint flavors. The permitted seasoning agents or substances used in e-cigarettes shall be determined by rules passed by the Ministry of Health within three months after the effective date of this revised law. After this revised law takes effect, e-cigarettes other than tobacco and mint flavors can be placed on the market for up to 12 months.
5. The warning on the packaging of e-cigarettes containing nicotine should be changed to: This product contains nicotine which is a highly additive substance It is not recommended for use by non-smokers Before modification, it was: The product contains nicotine, which is highly additive Non smokers are advised not to use it
6. This revised law shall come into effect on the fifteenth day after its publication in the official gazette of the Republic of Slovenia, and shall apply from the thirtieth day after its entry into force.
The screenshot of the revised draft law notified is as follows:
Notification link: https://technical-regulation-information-system.ec.europa.eu/en/notification/25095
Restriction of the Use of Tobacco and Related Products Act (ZOUTPI): http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO6717#
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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