here Do We stand
In a Post-TPD World?
Paul Barnes, Trustee at NNA delivers an
20th May 2016 - has come and gone, 19
incisive, State of the Union style commentary
Member States didn’t have a domestic
on the effectiveness of the revised TPD.
implementation for the Directive. This isn’t particularly unusual as transposition of
December 19th 2012. The beginning of the
EU Directives is often delayed by national
revision to the EU wide Tobacco Products
matters, Spain is the prime example of how
Directive. Agreed by the Council of the
a lack of substantive Government can lead to
European Union in 2013 and later passed
with few amendments by the European Parliament in April 2014.
Those “good pupil” Member States that have met the deadline have a broad array of
For those who were heavily involved during
measures. Some, like the UK have decided
that period from proposal to final agreement,
on a liberal approach to the Directive in an
changing minds to be less restrictive towards
effort to keep e-cigarettes available, albeit in
the humble electronic cigarette was often
a limiting way. The obvious limits are the 2ml
met with hostility rather than curiosity. The
tanks and 10ml refills which, while irritating
evidence base that we enjoy now just wasn’t
for most vapers, is seen as a “necessary
available to sway even the most curious.
precaution” by those in charge.
Fast forward to implementation. Where do
The not so obvious limits include medicinal
the various EU Member States stand now?
regulation only. The UK opted to keep both
Has the revised Tobacco Products Directive
routes open - licensed medicinal products
achieved any of its aims? Does it, as per the
aren’t subject to the same level of VAT, and
introductory statements, facilitate the smooth
there’s a wider range of available strengths
functioning of the internal market?
(20mg/ml and above).
Sadly, the answer is a resounding “no”. As
It isn’t just the route to market that poses
with a wide array of EU Directives, it is entirely
a problem for retailers. Some of the gold-
up to the individual Member State on how
plating in domestic legislation, such as the
to implement that Directive into domestic
implementation from Hungary for example,
legislation. Some, like the UK, implement the
includes measures that prevent cross-
bare minimum, while others decide that the
border and internet sales - both buying as
bare minimum isn’t sufficient and so adds
a consumer and selling as a retailer. Austria,
additional - often unnecessary - gold plating.
Germany, Poland and Slovenia have all taken a similar stance to distance and online selling.
As the official implementation date -
8 - TPD
Published on Feb 21, 2017
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