Notification Detail

Draft Act amending the Tobacco and Smoking Products Act to extend the ban on smoking

Notification Number: 2019/478/NL (Netherlands)
Date received: 01/10/2019
End of Standstill: 02/01/2020

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Message 002

Communication from the Commission - TRIS/(2019) 02703
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2019/0478/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: 201902703.EN)

1. Structured Information Line
MSG 002 IND 2019 0478 NL EN 01-10-2019 NL NOTIF

2. Member State

3. Department Responsible
Ministerie van Financiën
Belastingdienst/Douane centrale dienst voor in- en uitvoer

3. Originating Department
Ministerie van Volksgezondheid, Welzijn en Sport, Directie Wetgeving en Juridische Zaken

4. Notification Number
2019/0478/NL - C00A

5. Title
Draft Act amending the Tobacco and Smoking Products Act to extend the ban on smoking

6. Products Concerned
Category not found.
This pertains to tobacco and related products.

7. Notification Under Another Act

8. Main Content
The ban on smoking will be instituted, indicated and enforced in the places mentioned in Article 10 of the Tobacco and Smoking Products Act. This ban on smoking is defined in Article 1 of the Act and currently (2019) applies only to tobacco product smoking. This legislative amendment extends the definition of ‘ban on smoking’ formulated in Article 1 of the Act to include:
- a ban on the consumption of tobacco products other than by smoking; and
- a ban on the consumption of nicotine-containing e-liquids or non-nicotine containing e-liquids of e-cigarettes or e-cigarettes without nicotine.

9. Brief Statement of Grounds
The current ban on smoking (2019) applies only to tobacco product smoking. The Act defines tobacco products as products that can be consumed, inasmuch as they are made, even partly, of tobacco. In recent years, a number of new tobacco products that are not smoked have entered the market. There are also an increasing number of e-liquid products entering the market, such as the e-cigarette, that are not covered by the definition of tobacco products. In addition, new products will probably enter the market that, whether deliberately or inadvertently, do not fall within the scope of the current ban on smoking.

In order to achieve a smoke- and tobacco-free environment, it has been decided to include all tobacco products in the ban on smoking. All tobacco products are, after all, harmful to public health. It is therefore important to lay down a clear standard for these products that is comparable to the ban on smoking in public spaces. By including all tobacco products in the ban on smoking, it is possible to prevent users from using harmful substitute products because they are not subject to the ban on smoking. E-cigarettes with and without nicotine are not tobacco products, which is why the consumption of these products is being added to the ban on smoking separately. In addition to the harmfulness of e-cigarettes, the fact that e-cigarette consumption strongly resembles cigarette smoking and may therefore encourage cigarette smoking is also a factor in this addition to the ban on smoking. A smoke-free environment would therefore benefit from a ban on e-cigarette consumption (vaping) in public spaces.

10. Reference Documents - Basic Texts
Numbers or titles of the basic texts: Tobacco and Smoking Products Act in the version in force on 16 September 2019

11. Invocation of the Emergency Procedure

12. Grounds for the Emergency

13. Confidentiality

14. Fiscal measures

15. Impact assessment

16. TBT and SPS aspects
TBT aspect

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

SPS aspect

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

European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043

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