2019/0094/GR
EC/EFTA
GR Griechenland
  • X00M - GÜTER, VERSCHIEDENE PRODUKTE
2019-06-06
2019-03-08

Provisions relating, inter alia, to the placing of electronic non-nicotine delivery systems on the Greek market, packaging of novel tobacco products and the prohibition of the placing on the market of certain tobacco and tobacco-related products.

‘Amendments to Law 4419/2016 (Government Gazette 174/A) - Article 96 – Harmonisation of Greek law with 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’

The draft law relates to ‘amendments to Law 4419/2016 – Article 96 - Harmonisation of Greek law with 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 relates to the placing of electronic non-nicotine delivery systems on the Greek market, the packaging of novel tobacco products and the prohibition of the placing on the market of certain tobacco and related products’ (Government Gazette 174/A) and in particular:

Paragraphs 1 to 6 amend certain definitions in Directive 2014/40/EU on tobacco and related products, without changing the precise content thereof for the purposes of the directive. For example, “novel tobacco product” now includes devices which allow such products to be used, and electronic cigarettes and refill containers now includes nicotine-free liquids.

In addition, certain new definitions are added such as:

– nicotine-containing liquid

– nicotine-free liquid

– tobacco substitute

– related products.

Paragraph 9 introduces a prohibition on the placing on the market of certain tobacco products (chewing tobacco and nasal tobacco) and tobacco substitutes (which are defined), which are not included in Directive 2014/40/EU.

Paragraph 10 regulates the issue of notification of novel tobacco product devices, which are now covered by the procedure outlined in Directive 2014/40/EU.

Paragraph 11 regulates aspects of the packaging of novel tobacco products when they are not put on the market inside the same packaging as the novel tobacco products themselves.

Paragraph 17 regulates the content of electronic non-nicotine delivery systems based on the provisions which apply for electronic nicotine delivery systems to the extent that they are applicable and are unrelated to nicotine itself. For example, it covers the prohibition on certain additives and certain ingredients hazardous to human health which must be notified to the European Commission in accordance with the procedure specified for nicotine-containing delivery systems. Specifications are laid down to protect against use by children and requirements are also laid down about the leaflet, packaging and health warnings they must bear.

In the same way as the directive does for nicotine-containing products, paragraph 18 prohibits advertising, sponsorship and promotion in printed publications, on the radio, online and on TV, etc. and lays down additional requirements for manufacturers/importers of electronic non-nicotine delivery systems identical to those for electronic nicotine delivery systems and extends to them the prohibition on cross-border remote selling contained in the directive. Lastly, it lays down particular specifications about the form in which said products can be sold to consumers, as is partially the case for nicotine-containing products, and introduces a prohibition on the sale of individual ingredients and flavours to be used by consumers in refill liquids for electronic cigarettes (do-it-yourself). It also lays down a transitional period for placing on the market all such products and novel tobacco product devices which do not comply with the requirements of the legislation.