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EU Member States Propose to Ban Analysis of Disposable Electronic Cigarettes
Author.
LCS
Source:
Post time:
2024-11-07
The author specifically mentioned in the previous introduction of the EU Legal Note (II) that the types of legal acts of the Directive Directive 2014/40/EU on Tobacco and Related Products (TPD) belong to the Directive category. Based on the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), EU member states must incorporate the requirements of TPD into their national laws (transpose rather than cover), which means that the provisions of TPD cannot be changed when implemented as national requirements.
However, the latest TPD is still the October 23, 2023 version (based on the Commission's authorization directive COMMISSION DELEGATED Directive (EU) 2022/2100, which came into full effect on June 29, 2022), which does not explicitly prohibit disposable electronic cigarettes. Why are EU countries rushing to issue bans on disposable electronic cigarettes? This seems to contradict the goal of TPD as a directive to eliminate internal trade barriers and form the EU single market.
In addition, the UK officially withdrew from the EU at 11:00 pm on January 31, 2020 (Greenwich Mean Time, GMT), and subsequently entered the transition period until December 31, 2020. After Brexit, EU law and the European Court of Justice no longer have primacy over British law. The 2018 European Union (Withdrawal) Act retains relevant EU laws as domestic law, which the UK can revise or repeal. Afterwards, the UK gained independent interpretation power over its own regulations. (This is also the reason why the '2+10' or multi smoke bomb designs have been popular in the UK market recently, while the EU market has repeatedly encountered obstacles.)
Compared to the alliance of 27 EU countries, the UK, as a fully legislative independent country, has much less difficulty in communicating and overcoming its legislative process and actions compared to the EU, which requires the 27 countries to discuss together (through the European Parliament or Council). So, the author also speculated that the implementation of the ban on disposable electronic cigarettes in the UK would be faster than in the EU.
However, in recent times, EU member states have started to ban disposable electronic cigarettes within their respective territories, which seems to have taken effect before the EU level requirements (and seems to have violated TPD).
In fact, Article 24 (3) of the TPD grants specific rights to member states regarding free movement. Namely:
Member states may also prohibit certain types of tobacco or related products (including disposable electronic cigarettes) based on reasons related to their specific circumstances, provided that these regulations are necessary to protect public health and take into account the high-level protection of human health achieved by this directive. Such national regulations shall be notified to the Commission along with the reasons for introducing these regulations. The Commission shall approve or reject these national regulations within six months from the date of receipt of notification of this provision, after verifying whether they are reasonable, necessary and proportionate to their purpose, and whether they are any means of discrimination or disguised restrictions on trade between member states, taking into account the high-level protection of human health achieved by this directive. If the committee fails to make a decision within six months, the national regulations shall be deemed to have been approved
(Based on the goal of protecting public health, it is possible to develop requirements higher than TPD under certain conditions, but the prerequisite is to first propose and report to the European Commission for evaluation. The Commission will evaluate the submitted report based on the single market principle of reducing or eliminating trade barriers in member states and the principle of protecting public health. If the submitted report is reasonable and appropriate, the Commission will approve the relevant requirements, but only effective in the country.)
In short, as a political entity with both federal and confederation characteristics, the European Union has its own characteristics, but it has always regarded high standards (the world's highest level of citizenship and environmental protection) laws and regulations as an important goal for its development. Although it remains to be discussed by the European Council and the European Parliament whether TPD III or even the "new requirements" that may evolve into "TPR" will introduce a ban on disposable electronic cigarettes at the EU level, France, as one of the two major axis countries of the EU, has already formed a fact of banning disposable electronic cigarettes. In addition, the environmental problems caused by disposable electronic cigarettes and the issue of teenagers being involved in smoking can be said to be the trend of banning disposable electronic cigarettes. Although the final time may be difficult to determine at present, the industry should at least be cautious about the development of disposable electronic cigarettes.
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