HU Ungarn

Tobacco products; accessories to tobacco products; electronic cigarettes; refill containers; cartridges; electronic smoking imitation devices; nicotine-free refill containers; smokeless tobacco products; novel tobacco product categories; accessories to novel tobacco product categories; modified products; smoking substitute products containing nicotine.

Amendment to certain acts on the reduction of under-age smoking and the protection of non-smokers

The draft rephrases certain provisions of Act CXXXIV of 2012 on reducing under-age smoking and the retail trade of tobacco products [fiatalkorúak dohányzásának visszaszorításáról és a dohánytermékek kiskereskedelméről szóló 2012. évi CXXXIV. törvény - Fdvtv] and of certain regulations in connection therewith, keeping in mind medium- and long-term health care policy goals at all times.

The draft clarifies and, in the case of certain concepts, reorganises the explanatory notes of the Fdvtv: in particular, (i) it clarifies the concept of tobacco products using the terminology corresponding to Directive 2014/40/EU; (ii) it lists waterpipes in the accessories to tobacco products category; and, (iii) it establishes a separate category for the concept of accessories to novel tobacco product categories.

At the same time, the terminology of Act XLII of 1999 on the protection of non-smokers and certain regulations on the consumption and distribution of tobacco products [dohánytermékek fogyasztásának, forgalmazásának egyes szabályairól szóló 1999. évi XLII. törvény - Nvt] - also referred to in the Fdvtv - (such as electronic cigarettes, refill containers) is also clarified in order to ensure the uniform application of the law. Furthermore, the concepts of nicotine-free refill containers and of smoking substitute products containing nicotine are introduced.

As regards the Fdvtv, the group of products whose retail trade can be continued in specific specialised shops in Hungary, in compliance with the Fdvtv, i9s to be clarified and expanded. Thereby, the draft adds to the regulated product groups accessories to e-cigarettes, electronic smoking imitation devices and accessories to novel tobacco product categories. The draft also takes into account constant changes on the market in that it extends the legislation to smoking substitute products containing nicotine, provided that this group of products, present on international markets, is also introduced to Hungary.