DK Danemark

The following products are affected by the draft Bill:

Tobacco products, tobacco substitutes, herbal products for smoking, electronic cigarettes and refill containers with and without nicotine, and alcoholic beverages.

Bill amending the Act on tobacco products etc., the Act on electronic cigarettes etc., the Act on the prohibition of sale of tobacco and alcohol to persons under the age of 18, and the Act on smoke-free environments (Implementation of parts of the Delegated Directive on heated tobacco products and other clarifications and technical adjustments)

Implementation of parts of Commission Delegated Directive (EU) 2022/2100 of 29 June 2022 amending Directive 2014/40/EU of the European Parliament and of the Council as regards the withdrawal of certain exemptions in respect of heated tobacco products.

In the light of the Directive, the Bill proposes to prohibit the placing on the market of heated tobacco products with a characterising flavour. It is also proposed to prohibit the placing on the market of heated tobacco products containing flavouring substances in their constituents such as filters, paper, packaging, capsules or any technical function that allows modification of the smell or taste of heated tobacco products or their smoke intensity. Furthermore, it is proposed that heated tobacco products consisting of filters, paper or capsules containing tobacco or nicotine may not be marketed in Denmark.

The Delegated Directive also means that heated tobacco products, insofar as they are smoking tobacco, cannot in future be exempted from the provisions on the affixing of the information message provided for in Article 9(2) of the Tobacco Products Directive and the combined health warnings set out in Article 10 of the Tobacco Products Directive. This is implemented at Order level and not in this Bill.
In addition to the Delegated Directive, the Bill will also contain other clarifications and technical adjustments.
This concerns, in particular, a clarification of the requirements for age verification and the Danish Health Authority’s signs, since, in the context of several judicial reviews, it has been considered that there is not sufficiently clear legal basis to require operators to establish a general age verification system for the sale of alcoholic beverages, tobacco and nicotine products, and herbal products for smoking. Against this background, penalties cannot be imposed on operators for failure to establish such a system.
In addition, the Bill contains clarifications and technical adjustments in the form of updated references to laws and regulations, greater clarity of products covered in individual provisions, and repeal of a provision in the Act on electronic cigarettes etc., which is no longer relevant.