Regarding: determining rules on additives creating flavours other than tobacco flavour in liquids containing nicotine and nicotine-free liquids, and in other e-cigarette components.
Amendment to the Tobacco and Smoking Products Decree to regulate e-cigarette flavours
Article 2.4 (2 to 5 included) (new) can contain technical regulations. The bill is intended to make e-cigarettes less attractive by creating a basis in Article 2.4 (2) (new) of the Tobacco and Smoking Products Decree [Tabaks- en rookwarenbesluit] for a ministerial order to ban additives that create flavours other than tobacco flavour in liquids containing nicotine and nicotine-free liquids, and in other e-cigarette components. It is vital to prevent flavours other than tobacco to be created with the additives designated in the ministerial order.
Paragraph 3 of this amending Decree therefore enables adoption of a maximum number of combined additives and a maximum quantity for the designated additives. Paragraph 4 allows the adoption of decisive methods to verify compliance with the requirements set in paragraph 2. Paragraph 5 prohibits packages and accompanying leaflets indicating additives not appearing on the exhaustive list to be drawn up or in the EU Common Entry Gate system. A mutual recognition clause is not provided. By virtue of Article 34 of the TFEU, enforcement of this legislation is justified by an overriding reason in the public interest, namely the need to protect public health.
Member States are free to determine their level of protection. The Netherlands opts for a very high level of protection in order to achieve a smoke-free generation in 2040, with only 5% of adults still smoking. This high level can only be achieved by means including new legislation.