Notification Detail

Amendment to Government Decree 39/2013 of 14 February 2013 on the manufacture, placement on the market and control of tobacco products, combined warnings and the detailed rules for the application of the health-protection fine (the 'Implementation Decree')

Notification Number: 2015/723/HU (Hungary)
Date received: 22/12/2015
End of Standstill: 23/03/2016

Issue of comments by: Commission,Italy
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Message 002

Communication from the Commission - TRIS/(2015) 04026
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2015/0723/HU

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: 201504026.EN)

1. Structured Information Line
MSG 002 IND 2015 0723 HU EN 22-12-2015 HU NOTIF


2. Member State
HU


3. Department Responsible
Igazságügyi Minisztérium
EU Jogi Megfelelésvizsgálati Főosztály
Műszaki Notifikációs Központ

Budapest
Kossuth tér 2-4.
H-1055
Tel. : (36-1)795-5733,
E-mail: technicalnotification@im.gov.hu


3. Originating Department
Emberi Erőforrások Minisztériuma
Egészségpolitikai Jogi Osztály
Dr. Schlammadinger József

Budapest
Arany János u. 6-8.
H-1051
Tel: (36 1) 795-1240
Fax: (36-1) 795-0192
E-mail cím: egpoljvez@emmi.gov.hu, jozsef.schlammadinger@emmi.gov.hu
Levélcím: 1884 Budapest, Pf. 1


4. Notification Number
2015/0723/HU - B00


5. Title
Amendment to Government Decree 39/2013 of 14 February 2013 on the manufacture, placement on the market and control of tobacco products, combined warnings and the detailed rules for the application of the health-protection fine (the 'Implementation Decree')


6. Products Concerned
- Electronic cigarettes and refill containers
- Electronic smoking imitation devices


7. Notification Under Another Act
- The draft partially transposes Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (hereinafter referred to as 'the Directive').


8. Main Content
Fulfilment of the harmonisation obligation: partial transposition of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC.
In the interest of transposing the Directive in Hungary, the amendment to Government Decree 39/2013 of 14 February 2013 on the manufacture, placement on the market and control of tobacco products, combined warnings and the detailed rules for the application of the health-protection fine is necessary in the context of harmonisation.
Harmonisation has been partially carried out, and is still under way. The objective of this amendment to the Decree is to transpose the rules of the Directive relating to electronic cigarettes, to regulate the placement on the market and use of electronic cigarettes (including all accessories, components and refill containers) and electronic smoking imitation devices.

Directive 2014/40/EU only products containing nicotine and does not apply to electronic cigarettes and refill containers not containing nicotine; however, Article 24(3) of the Directive authorises Member States to regulate or prohibit equipment used for tobacco products and to regulate or prohibit products resembling a type of tobacco or related product. Hungary wishes to make use of this option, and the requirements laid down in the Directive would apply to electronic smoking imitation devices and products not containing nicotine in the event of the adoption of the provisions set out in this draft.

The draft includes the following planned provisions related to the following and to be notified:
• A provision on the prohibition of the placement on the market and distribution of products containing flavourings;
• A notification obligation for electronic smoking imitation devices and the data content of notification;
• Rules governing the conditions for the placement on the market and distribution of electronic smoking imitation devices;
• Rules governing the information to be included in the unit packets of electronic smoking imitation devices;
• Rules governing the conditions for unit packets and outside packaging of electronic smoking imitation devices;
• Rules governing the conditions for the health warnings to be placed on the unit packets and outside packaging of electronic smoking imitation devices.


9. Brief Statement of Grounds
Data on smoking habits and frequency in Hungary are worse than in most European Union countries; this warrants the introduction of further prohibitive measures in Hungary on health-protection grounds, in an effort to reduce smoking, as well as nicotine addiction due to the use of smoking imitation devices or the promotion of smoking with smoking imitation devices. The amendment of the Implementation Decree is necessary and proportionate on the basis of the aforementioned reasons, i.e. to bolster the protection of the health of children and young people.

We would like to particularly emphasise the following:

Regulation of the placement on the market of electronic smoking imitation devices

Electronic smoking imitation devices pose a health risk, which justifies the regulation of the placement on the market and distribution thereof.
According to a study conducted by the Focal Point for Tobacco Control of the National Institute of Health Development, the 'vapour' released during the use of electronic cigarettes and electronic smoking imitation devices also poses a health risk to those not using such devices ─ regardless of the nicotine content.
Additionally, in order to effectively implement the regulation regarding electronic cigarettes, it is necessary to regulate smoking imitation devices.

With regard to the above, the regulation of the placement on the market of electronic smoking imitation devices would also enable the regulation of disposable devices that do not contain nicotine. Since nicotine is an addictive substance, it is not sufficient to sanction violations of the rules applying to electronic cigarettes, but it is also necessary to know which market participants distribute these devices legally.
Furthermore, it is very important that authorities have timely and accurate information on the composition of devices on the market as these devices may pose a significant health risk, despite the lack of nicotine content (this is expanded upon in the attached impact assessment).

Regardless of their nicotine content, electronic cigarettes and electronic smoking imitation devices are prone to promoting the culture of smoking and, therefore, granting exemption for devices not containing nicotine from the regulation involves concerns related to public health and works against previous efforts to reduce smoking prevalence.

With regard to the above, it is justified to regulate the placing on the market of electronic cigarettes and electronic smoking imitation devices, regardless of their nicotine content.

Article 16 of the Framework Convention on Tobacco Control of the WHO recommends that Participating Parties ban the manufacture of sweets, snacks, toys or any other objects in the form of tobacco products which appeal to minors. The objective of reducing smoking prevalence is not only the protection of smokers but also the denormalisation ─ i.e. the reduction of social acceptance ─ of smoking. It runs counter to this objective if imitation cigarettes are used even when traditional cigarettes may not be used.


10. Reference Documents - Basic Texts
Reference(s) to basic text(s): - Act XLII of 1999 on the protection of non-smokers and certain regulations on the consumption and distribution of tobacco products
Government Decree 39/2013 of 14 February 2013 on the manufacture, placement on the market and control of tobacco products, combined warnings and the detailed rules for the application of the health-protection fine
Commission registration number: 2012/11/HU.
The basic texts were forwarded with an earlier notification: 2012/0011/HU


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency
-


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
Yes


16. TBT and SPS aspects
TBT aspect

No - the project has no significant impact on international trade.

SPS aspect

No - the draft is neither a sanitary nor phytosanitary measure.

**********
European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir83-189-central@ec.europa.eu

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