Tobacco products, electronic cigarettes, refill containers, nicotine-free refill containers, smoking-substitute nicotine-containing tobacco products and electronic devices imitating smoking placed on the market in Hungary.

Amendment to Act XLII of 1999 on the protection of non-smokers and certain regulations on the consumption and distribution of tobacco products

In addition to ensuring compliance with certain provisions of Directive 2014/40/EU, the draft law subject to this notification extends, firstly, the provisions of Act XLII of 1999 on the protection of non-smokers and certain regulations on the consumption and distribution of tobacco products (hereinafter referred to as: Act XLII of 1999) pertaining to the distribution of electronic cigarettes and electronic devices imitating smoking, to nicotine-free refill containers and smoking-substitute nicotine-containing tobacco products [§§ 42-43].

Secondly, the draft law extends the authorisation granted by Act LXII of 1999 to the ministers in charge of the healthcare system and taxation allowing the abovementioned ministers to set an administrative service fee in order to compensate for certain costs relating to placing on the market and registration of electronic cigarettes, refill containers and electronic devices imitating smoking. Under the amendment, such a fee may also be levied on nicotine-free refill containers and smoking-substitute nicotine-containing tobacco products [§ 45 d)].
Thirdly, the draft law extends its provisions pertaining to combined health warnings and health warnings to nicotine-free refill containers and smoking-substitute nicotine-containing tobacco products [§ 44].
In addition, the amendment regulates the obligation of withdrawing products under prohibition of distribution from the market by stipulating: The products concerned must be withdrawn from the market and repurchased by the manufacturer, importer or distributor of the products in Hungary [§ 41].