SUU, Alm.del - 2019-20 - Endeligt svar på spørgsmål 804: Spm. om oversendelse af det spørgeskema, som EU-Kommissionen har sendt til medlemsstaterne med henblik på en evaluering af tobaksvaredirektivet, til sundheds- og ældreministeren

Sundheds- og Ældreudvalget 2019-20
SUU Alm.del
Offentligt

Member State Questionnaire on the Assessment of

the Tobacco Products Directive

1.1

Introduction

ICF is currently undertaking a study on Directive 2014/40/EU of the European Parliament

and of the Council of 3 April 2014 on the approximation of the laws, regulations and

administrative provisions of the Member States concerning the manufacture, presentation

and sale of tobacco and related products and repealing Directive 2001/37/EC (revised

Tobacco Products Directive)

on behalf of the Directorate-General for Health and Food

Safety of the European Commission (DG SANTE).

The purpose of the study is to examine the practical application of Directive 2014/40/EU

(hereinafter TPD) and its specific provisions, which strengthened existing rules on how

tobacco products are manufactured, produced and presented in the EU, and introduced new

rules for certain tobacco-related products. The study will assess the level of implementation

of the TPD by exploring both achievements and hindering factors.

In particular, the study aims to:

■

Assess its implementation and levels of compliance: exploring the achievements

and successes of the revised Directive, as well as obstacles and shortcomings

encountered by various stakeholders (Member States, Civil Society

Organisations, health experts, and economic operators);

Generate evidence (through primary and secondary data collection) - in

particular on the inputs, outputs, outcomes and impacts of the TPD, with the aim

to assess its overall relevance, effectiveness, efficiency, coherence and EU-

added value.

The study will be used by the Commission for the preparation of its report on the application

of the TPD, required by Article 28 of the Directive.

1.2

Purpose of consultation

The purpose of the consultation is to collect information and gather views from relevant

authorities of EU Member States bound by the Directive on its implementation. We

encourage you to elaborate on your replies and provide references to publicly accessible

studies, surveys, court cases or any other documentation that you consider relevant.

If you have any questions with regard to the study, please do not hesitate to contact the

project manager of the study: Christina Dziewanska-Stringer,

[email protected]

1.3

Your details

Table 1.1 Respondent's details

Country

Name(s)

Email(s)

Contact number

SUU, Alm.del - 2019-20 - Endeligt svar på spørgsmål 804: Spm. om oversendelse af det spørgeskema, som EU-Kommissionen har sendt til medlemsstaterne med henblik på en evaluering af tobaksvaredirektivet, til sundheds- og ældreministeren

1.4

1.4.1

Questions on general implementation

Effectiveness

This series of questions asks about your views on how successful the TPD has been in achieving or supporting progress towards its objectives,

including facilitating the smooth functioning of the internal market and ensuring a high level of human health protection, since it entered into force on

19 May 2014.

Question

Has your Member State faced any issues in

transposing the TPD?

Did you find the guidance received from the

Commission on transposing the TPD (for

example, through discussions at Expert

Groups, Sub-Groups or guidance documents)

clear and useful?

Member State response

Yes / No / To some extent.

Please elaborate, for example, any issues with specific articles.

Yes / No / To some extent.

Please elaborate.

Overall, have economic operators been

compliant with the TPD in your Member

State?

Has the TPD achieved its objectives, i.e.

improved the functioning of the internal

market while reducing smoking prevalence?

In your view, has the TPD improved public

health in your Member State (e.g. increased

awareness of the harmfulness of products;

decreased smoking rates)?

Does your Member State collect national data

on the level of prevalence of use in the under

25 years of age consumer group?

Has the TPD changed tobacco and related

product use in young people in your Member

State?

Yes / No / To some extent.

Please elaborate.

Yes / No / To some extent.

Please elaborate.

Yes / No / To some extent.

Please elaborate, including any relevant provisions.

Yes / No.

If yes, please provide the most recent results (web link or attachment)

Yes: it has increased use;

Yes: it has decreased use;

No: it has not changed use.

Please elaborate.

1.4.2

Relevance

For the next set of questions, we would like to ask you about the extent to which the TPD and its objectives are still relevant and meeting needs,

considering scientific, technical and epidemiological developments. We are interested in if the TPD is flexible and has the capacity to evolve to

withstand developments in the sector.

Question

In your view, has the TPD remained relevant

to address new market developments in your

Member State, including types of emerging

products? (For example, heated tobacco

products or nicotine containing products).

Member State response

Yes / No / To some extent.

Please elaborate.

In your view, is the TPD ‘future proof’, as new

Yes / No / To some extent.

societal, technical and scientific developments

Please elaborate.

occur in the sector?

1.4.3

Efficiency

Questions in this sub-section concern your views on the administrative burdens imposed by the TPD and their magnitude in relation to the benefits

generated.

Question

Has the practical implementation of the TPD

created significant additional administrative

burdens in your Member State?

Member State response

Yes / No / To some extent.

Please elaborate.

Would you consider that the benefits the TPD

Yes / No / To some extent.

brings to consumers outweigh the overall

Please elaborate.

costs that are being incurred to implement the

Directive? To what extent were you able to

recover some of the costs incurred via fees?

Has your Member State provided any specific

support to small and medium enterprises

affected by the TPD?

Yes / No / To some extent.

Please elaborate.

1.4.4

Coherence

For the next set of questions, we are interested in your thoughts on the extent to which the TPD is still coherent and consistent internally, i.e. with its

own provisions, as well as with other relevant EU and international legislation that is linked to the TPD.

Question

Member State response

Has your Member State faced any issues with

Yes / No / To some extent.

TPD provisions being inconsistent or

Please elaborate.

incoherent with each other? For example,

have the requirements of one article

contradicted the requirements of another?

Has your Member States faced any issues

with TPD provisions being inconsistent or

incoherent with other EU legislation, for

example:



The Tobacco Taxation Directive

Question



The audio-visual media services

Directive

Tobacco Advertising Directive

Smoke Free Environments

recommendation

Single Use Plastics Directive

Market Surveillance Regulation

The CLP Regulation for

(Classification, Labelling and

Packaging)

General Product Safety Directive

REACH (Regulation (EC) No

1907/2006)

Member State response



Has your Member State faced any issues with

Yes / No / To some extent.

TPD provisions being inconsistent or

Please elaborate.

incoherent with FCTC guidelines, including

the

Protocol to Eliminate Illicit Trade in

Tobacco Products?

1.4.5

EU added value

The final few questions are about your views on the extent to which the TPD adds value at the EU level, in a way that may not be attainable at a

national or global level.

Question

Has the TPD added value to the regulation of

tobacco and tobacco-related products across

the EU?

Do you feel that the effects of the TPD on

smoking consumption or the illicit trade could

have been achieved at the level of your

Member State, without EU-level involvement?

Member State response

Yes / No / To some extent.

Please elaborate

Yes / No / To some extent.

Please elaborate

1.5

1.5.1

Questions by article of interest

Article 2: Definitions

Member State response

Background

Question

and key

considerations

The directive sets

out 41 definitions to

be applied.

Clear definitions are

indispensable to

ensure that this

Directive is

uniformly

implemented by

Member States.

Have the definitions in the TPD been

clear and unambiguous enough to

allow for clear interpretation and

implementation?

Yes / No / Some unclarities and ambiguities.

Please elaborate: If you consider one or more definitions to be unclear and/or ambiguous, please describe them here and propose improvements.

For example, definitions including (but

not limited to):

- Novel Tobacco Products

- Electronic cigarettes

- Refill containers

- Roll your own tobacco

However, certain

- Additive

concepts - defined

- Nicotine

within this Directive-

- Chewing, nasal and oral tobacco

may remain

Retail Outlet

unclear, and cause

- Flavouring

interpretation

- Substantial change of circumstances

issues, and/or

- Flavour/flavouring

divergent

- Characterising flavour

interpretations,

- Cross border distance sales

during

Have you experienced any particular

implementation.

issues with the classification of

products, based on how they are

Also, in the light of

defined in the Directive (e.g.

various scientific,

“smokeless tobacco products” versus

technological and

“tobacco products for smoking”)?

market

Have the definitions laid out in the

developments,

some of the current

TPD remained relevant in view of

scientific, technological and market

definitions may no

developments?

Yes / No / To some extent.

Please elaborate.

Yes / No / To some extent.

Please elaborate: If you consider one or more definition to be irrelevant in view of scientific, technological and market developments, please describe them

here.

Background

Question

and key

considerations

longer be relevant

or appropriate.

*Please refer to

Article 2 of the TPD

for the full list.

Are there any other products or

categories for which a definition

should be included in the Directive?

Are the concepts as defined in this

Directive consistent with other EU

legislative instruments (e.g. Tobacco

Taxation Directive, Tobacco

Advertising Directive, Audio-visual

Media Services Directive) or other

legislation at National level?

Has your Member State encountered

any other difficulties in the practical

application of the provisions of this

Article?

Member State response

Yes / No.

Please elaborate.

Yes / No / To some extent.

Please elaborate: have inconsistencies led to any implementation issues in practice?

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 2.

1.5.2

Article 3: Maximum emission levels for tar, nicotine, carbon monoxide and other substances

Member State response

Background

Question

and key

considerations

The TPD sets

maximum emission

levels from

cigarettes placed on

the market or

manufactured in the

Member States for

tar, nicotine, and

carbon monoxide.

If Member States

set additional

maximum emission

levels for cigarettes,

they must inform

the commission.

In view of new

technical and

scientific

developments,

these may be no

longer or less

relevant.

Are the provisions on maximum

TNCO emissions (Article 3(1)) still

relevant in view of scientific and

technological developments?

Has your Member State set limits for

additional maximum emission levels

for cigarettes (Article 3(3))?

Has your Member State set limits for

maximum emission levels for other

tobacco products (Article 3(3))?

Has your Member State encountered

any other difficulties in the practical

application of the provisions of this

Article?

Yes / No / To some extent.

Please elaborate: Is there scope or necessity for changing the TNCO limits or introducing other limits?

Yes / No.

If no: are you considering it? Why or why not?

If yes: Please elaborate, including when the Commission was notified.

Yes / No.

If no: are you considering it? Why or why not?

If yes: Please elaborate, including when the Commission was notified.

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 3.

1.5.3

Article 4: Measurement methods

Member State response

Background

Question

and key

considerations

The TPD sets the

measurement

methods using ISO

standards for tar,

nicotine, and

carbon monoxide

for cigarettes

placed on the

market or

manufactured in the

Member States.

The measurements

must be verified by

independent

approved

laboratories.

In view of new

technical and

scientific

developments,

these measurement

methods may be no

longer relevant, in

which case

delegated acts are

foreseen by this

directive.

Are provisions on measurement

methods (Article 4(1)) still relevant

in view of scientific and

technological developments?

Yes / No / To some extent.

Please elaborate.

Would there be necessity or scope

Yes / No / To some extent.

for changing the measurement

Please elaborate.

methods for emissions from the ISO

method to e.g. the Canadian Intense

(CI) method?

Has your Member State faced any

issues with regard to the

appointment and monitoring of

laboratories (Article 4(2))? For

example, in ensuring these are fully

independent from the tobacco

industry?

Has your Member State used any

measurement methods for

emissions for cigarettes other than

the three specified in Article 4(1)

(Article 4(4))?

Has your Member State used any

measurement methods for

emissions for other tobacco

products (Article 4(4))?

Has your Member State charged

manufacturers and importers of

tobacco products proportionate fees

for the verification of these

measurement methods (Article

4(6))?

Yes / No / To some extent.

Please elaborate.

How many laboratories have you approved to date? If none, what laboratories do you use for verification?

Yes / No.

If no: are you considering it? Why or why not?

If yes: Please elaborate, including when the Commission was notified.

Yes / No.

If no: are you considering it? Why or why not?

If yes: Please elaborate, including when the Commission was notified.

Yes / No.

If no: are you considering it? Why or why not?

Background

Question

and key

considerations

Has your Member State

encountered any other difficulties in

the practical application of the

provisions of this Article?

Member State response

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 4.

1.5.4

Article 5: Reporting of ingredients and emissions

Background and

Question

key considerations

The Directive requires

manufacturers and

importers of tobacco

Has your Member State faced

any issues in requiring

manufacturers and importers to

Member State response

Yes / No / To some extent.

Please elaborate, including if there have been any issues with manufacturers or importers informing about modifications of the composition of a product.

products to submit to

competent authorities

certain information

concerning the

ingredients and emissions

of tobacco products.

There is an overall lack of

evidence of how this

provision is being

implemented by different

Member States.

submit the required information

in Article 5(1), the statement of

reasoning in Article 5(2), or the

toxicological data in Article

5(3)?

Has your Member State faced

Yes / No / To some extent.

any issues in making submitted

Please elaborate.

information publicly available on

a website (Article 5(4))? E.g.

Please provide a link to the publicly available list.

have there been issues with

economic operators requesting

information not be published

due to trade secrets?

Do you know if consumers

make use of the public

information? In what ways / for

what purpose?

Has your Member State faced

any issues with processing and

assessment of submitted

product information?

How has your Member State

reacted to incorrect or

insufficient submissions,

including insufficient data?

Has your Member State faced

any issues in requiring and

assessing manufacturers and

importers to submit the studies

required by Article 5(6)?

Has your Member State faced

any issues in ensuring that the

Commission and other Member

States have access to this

information (Article 5(7))?

Has your Member State used

information made available by

Yes / No.

Please elaborate.

Yes / No / To some extent.

Please elaborate, for example any difficulties with scientific capacity to understand and assess data.

Please elaborate, including the actions and follow-up undertaken

Yes / No / To some extent.

Please elaborate.

Yes / No / To some extent.

Please elaborate.

Yes / No.

If no: are you considering it? Why or why not?

other Member States for the

purposes of applying this

Directive (Article 5(7))?

Do you consider that the EU-

CEG system works effectively?

Would any further

developments be required to

improve its functioning?

What would be the effects on

your work of a possible

European Union database

containing information on

tobacco products, including

ingredients?

Yes / No / To some extent.

Please elaborate.

Please elaborate, including possible benefits and difficulties with an EU-wide system.

Since the Directive came into

Please elaborate.

force, how many times has your

Member State taken actions

(such as product modification,

product withdrawal, fines, or

other punitive measures)

against manufacturers or

importers due to non-

compliance related to reporting

of ingredients and emissions?

Has your Member State

encountered any other

difficulties in the practical

application of the provisions of

this Article?

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 5.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 5.

1.5.5

Article 6: Priority list of additives and enhanced reporting obligations

Question

Member State response

Background and

key

considerations

The Directive requires

enhanced reporting

obligations for certain

additives contained in

cigarettes and roll-your-

own tobacco that are

included in a priority list.

In addition, Member

States shall require

manufacturers and

importers to carry out

comprehensive studies

Has your Member State faced

any issues in requiring

manufacturers and importers to

carry out the comprehensive

studies required in Article 6(2)?

Has your Member State

assessed reports submitted by

manufacturers or importers to

create the reports required in

Article 6(4)?

Yes / No / To some extent.

Please elaborate.

Yes / No / To some extent.

Please elaborate, including on possible peer-review by a scientific body

If no: are you considering it? Why or why not?

Since the publication of the

Yes / No / Considered.

priority list of additives, has your

Please elaborate

Member State taken regulatory

action on any of the ingredients

identified? Is your Member

and to establish a report

on the results of these

studies.

Evidence is needed to

understand whether this

provision is being

implemented and how

MS are implementing it.

State

intending

on taking

regulatory actions of this type?

Has your Member State

charged manufactures and

importers proportionate fees for

peer reviews of their reports

(Article 6(4))?

Yes / No.

If no: are you considering it? Why or why not?

Since the Directive came into

Please elaborate.

force, how many times has your

Member State taken actions

(such as product modification,

product withdrawal, fines, or

other punitive measures)

against manufacturers or

importers due to non-

compliance related to additives

and reporting?

Has your Member State

encountered any other

difficulties in the practical

application of the provisions of

this Article?

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 6.

1.5.6

Article 7: Regulation of ingredients

Member State response

Yes / No / To some extent.

Please elaborate.

Background and

Question

key considerations

The Directive requires that

tobacco product with

characterising flavours be

prohibited. It also requires

independent advisory

panels to assist the

Commission with

determining the

characterising flavours

requirements.

Tobacco products with

Has your Member State faced

any issues in prohibiting the

placing on the market tobacco

products with a characterising

flavour (Article 7(1))?

Has your Member State faced

any issues in prohibiting the

placing on the market tobacco

products containing the

additives listed in Article 7(6)

(vitamins, caffeine, taurine,

etc)?

Yes / No / To some extent.

Please elaborate on the practical implementation.

Have you further detailed additives covered by this article?

Has your Member State

Yes / No/Under consideration

prohibited any products

Please list the products, if yes.

certain additives are also

following scientific evidence of

If yes, did you notify the Commission of all products?

prohibited.

their containing additives in

These provisions only apply

quantities that increase the toxic

or addictive effect, or the CMR

to certain products, and it is

properties at the stage of

important to understand

consumption to a significant or

how these bans operate

measurable degree (Article

7(9))?

differently in Member

States.

Has your Member State

encountered any other

difficulties in the practical

application of the provisions of

this Article?

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 7.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 7.

For example, does the current system of listing

prohibited

additives work well, or would you prefer a list with

permitted

products or additives?

1.5.7

Articles 8-14: Labelling and Packaging

Article 8: General provisions

Article 9: General warnings and information messages on tobacco products for smoking

Article 10: Combined health warnings for tobacco products for smoking

Article 11: Labelling of tobacco products for smoking other than cigarettes, roll-your-own tobacco and waterpipe tobacco

Article 12: Labelling of smokeless tobacco products

Article 13: Product presentation

Article 14: Appearance and content of unit packets

Background and

Question

key considerations

Has your Member State faced

This Directive includes

any issues in implementing the

requirements for

provisions concerning general

mandatory health warning

warnings and information

labels and packaging of

messages on tobacco products

tobacco and related

for smoking (Articles 8 & 9)?

products. These

Has your Member State faced

requirements refer to the

any issues in implementing the

use of combined health

provisions concerning combined

warnings consisting of a

health warnings for tobacco

picture and a text,

products for smoking (Article

information on cessation

10), including the minimum

Member State response

Yes / No / To some extent.

Please elaborate.

Yes / No / To some extent.

Please elaborate.

Background and

Question

key considerations

services and promotional

elements in and on unit

packets.

dimension of warnings (Art.

10(1))?

Has your Member State

ensured that the provisions for

combined health warning were

properly implemented on

packages with bevelled edges

(see recital 28)? Which action

was taken if not?

Member State response

We want to understand to

what extent are general

provisions on labelling

and packaging being

implemented and if

Member States are facing

any issues implementing

Has your Member States

received any claims/complaints

any of the provisions

concerning the content or

outlined in this section.

persons depicted on health

warnings?

Yes / No / To some extent.

Please describe how you have addressed the issue.

Yes / No.

Please elaborate on the type of those claims and how you addressed them.

Has your Member State faced

Yes / No / To some extent.

any issues in implementing the

Please elaborate.

provisions of Article 9(3)

concerning the minimum

dimensions of health warnings

on the lateral surfaces of cuboid

packets such as

slim/flat/shoulder-hinged lid-

packs (taking into account the

guidance provided by the

Commission).

Has your Member State

Yes / No.

exempted any tobacco products

If no: are you considering it? Why or why not?

for smoking other than

If yes, please elaborate on the exempt products and any benefits or disadvantages.

cigarettes, roll-your-own

tobacco and waterpipe tobacco

from the obligations to carry the

information message ‘Tobacco

smoke contains over 70

substances known to cause

cancer’ (Article 11(1))?

Background and

Question

key considerations

Member State response

Has your Member State

Yes / No.

exempted any tobacco products

If no: are you considering it? Why or why not?

for smoking other than

If yes, please elaborate on the exempted products and any benefits or disadvantages.

cigarettes, roll-your-own

tobacco and waterpipe tobacco

from the obligations to carry

combined health warnings

(Article 11(1))?

If your Member State has

exempted products in this way,

has it faced any issues in

implementing the alternative

labels described in Article 11?

Has your Member State faced

any issues in implementing the

provisions concerning labelling

of smokeless tobacco products

(Article 12)?

Yes / No / To some extent.

Please elaborate.

Yes / No / To some extent.

Please elaborate.

Has your Member State faced

Yes / No / To some extent.

any issues in interpreting and

Please elaborate and provide examples of promotional elements you have dealt with.

implementing the provisions

concerning product presentation

(Article 13), e.g. on promotional

elements?

Has your Member State faced

any issues regarding the

minimum number of sticks per

pack or any of the other

provisions listed in Article 14

(e.g. for RYO, material/opening

of pack, etc.)

Yes / No / To some extent.

Please elaborate, including on possible further rules on pack sizes.

Since the Directive came into

Please indicate the number of actions taken per Article and elaborate on the issue(s) encountered

force, how many times has your

Member State taken actions

Background and

Question

key considerations

(such as product modification,

product withdrawal, fines, or

other punitive measures)

against manufacturers or

importers due to non-

compliance related to labelling

and packaging?

Should there be stricter/clearer

labelling provisions overall? Or

on any specific products

specifically?

Has your Member State

encountered any other

difficulties in the practical

application of the provisions of

Articles 8-14?

Has your Member State

encountered any other

difficulties in the practical

application of the provisions of

this Article?

Member State response

Yes / No.

Please elaborate.

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Articles 8-14.

1.5.8

Articles 15-16: Traceability and security features

Member State response

Background and

Question

key considerations

This Directive introduced

an interoperable system

on traceability and security

features at Union level.

The system on traceability

and security features

requires a unique identifier

be placed on unit packs,

cartons, master cases and

shipping cases that are

either manufactured in the

EU or imported into the EU

market. All economic

Has your Member State faced

any issues in implementing the

operators from

traceability system required by

Article 15 in relation to its

manufacturing to the first

retail outlet need to track all

provisions not reflected in

Commission Implementing

packs by recording the

Regulation (EU) 2018/574, in

entry, intermediate

particular paragraphs 6

movements, and final exit

(maintenance of records of all

relevant transactions) and 7

of the packs in their

possession. We would like

(provision of equipment)?

to gather your preliminary

experiences with this

system.

Has your Member State faced

Yes / No / To some extent.

any issues in implementing the

Please elaborate.

traceability system required by

Article 15 in relation to its

provisions further specified in

Commission Implementing

Regulation (EU) 2018/574, for

example in relation to

appointment of an ID issuer and

full access to the records

created by anti-tampering

devices?

Yes / No / To some extent.

Please elaborate.

To what extent is the traceability

Please elaborate.

system (Article 15) helping to

fight the illicit trade of tobacco

products?

Has your Member State faced

any issues in implementing the

security features system

required by Article 16, for

Yes / No / To some extent.

Please elaborate.

Background and

Question

key considerations

example in relation to the

tamper proof marker?

To what extent is the security

features system (Article 16)

helping to fight the illicit trade of

tobacco products?

To what extent do you expect

the procedures governing the

appointment and monitoring of

ID issuers, providers of

repository services and

providers of anti-tampering

devices to provide for a

sufficient level of independence

from the tobacco industry?

Has your Member State

encountered any other

difficulties in the practical

application of the provisions of

these Articles?

Member State response

Please elaborate.

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Articles 15 & 16.

1.5.9

Article 17: Tobacco for oral use

Member State response

Background and

Question

key considerations

Background and

Question

key considerations

The Directive prohibits

placing tobacco for oral

use on the market,

without prejudice to Article

151 of the Act of

Accession of Austria,

Finland and Sweden.

Has your Member State

encountered any difficulties in

implementing the ban on

tobacco for oral use?

Are you aware of any efforts to

circumvent the ban on tobacco

for oral use in your Member

State?

Member State response

Yes / No / To some extent.

Please elaborate.

Yes / No.

Please elaborate.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 17.

1.5.10 Article 18: Cross-border distance sales of tobacco products

Background and

Question

key considerations

The Directive allows

Member States to prohibit

cross-border distance

sales of tobacco products

to consumers. In Member

States where this is not

prohibited, retail outlets

intending to sell products

across borders must

Member State response

Has your Member State

Yes / No.

prohibited cross-border distance

If no: are you considering it? Why or why not?

sales to consumers (Article

18(1))?

For countries where cross-

border distance sales are

permitted, which retail outlets

have been registered in your

Member States (Article 18(1))?

How many retail outlets located in your Member State have registered with your competent authority?

How many retail outlets located in another Member State with consumers in your Member State have registered with your competent authority?

How many retail outlets located outside the EU with consumers in your Member State have registered with your competent authority?

Background and

Question

key considerations

competent authorities of

the Member State where

the retail outlet is

established and the

Member State where the

consumers are located

Retailers who sell

products across borders

are required to have an

age verification system at

sale.

Where do you publish the lists

of the retail outlets registered in

your Member State (Article

18(2))?

Member State response

Please describe where the list is published.

Please provide the list of registered retail outlets.

Has the pattern of cross-border

Yes; there have been increased cross-border distance sales / Yes; there have been reduced cross-border distance sales / No; there has been no change.

distance sales in your Member

Please elaborate.

State changed in any significant

way since the TPD was

introduced?

Are you aware of any

unregistered retail outlets

operating (selling tobacco

products) in your Member

State?

What type of age verification

systems are being used in your

Member State? Do these age

verification systems (Article

18(4)) work?

Is further action needed

regarding regulating cross-

border sales?

Has your Member State

encountered any other

difficulties in the practical

application of the provisions of

this Article?

Yes / No.

How do you monitor whether unauthorised retail outlets are active in your Member State?

If yes, do you know the origins of these retail outlets (e.g. other Member States; outside the Union)?

Yes / No / To some extent.

Please elaborate.

How do you monitor whether they work? What issues have you encountered?

Yes / No / To some extent.

Please elaborate.

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Since the Directive came into

Please elaborate

force, how many times has your

Member State taken actions

(such as product modification,

product withdrawal, fines, or

other punitive measures)

against retailers due to non-

Background and

Question

key considerations

compliance related to cross-

border distance sales?

Member State response

Has your Member State

encountered any other

difficulties in the practical

application of the provisions of

this Article?

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 18.

1.5.11 Article 19: Notification of novel tobacco products

Background and

Question

key considerations

Manufacturers and

importers are required to

notify Member States

about novel tobacco

products, including certain

pieces of information in

their notification. Member

States may also require

updates or additional

information, and may also

create systems for

authorising novel

products, as well as

charging manufacturers

and importers fees.

These provisions are

intended to monitor novel

products and protect

consumers’ health,

however there may have

been issues with

implementation of these

requirements, and they

may no longer be relevant

following recent market or

scientific developments.

Have there been any issues in

your Member State with

manufacturers and importers

submitting notifications about

novel tobacco products (Article

19(1))?

What types of novel products

have been notified to your

competent authority (Article

19(1))? How have these been

classified (smokeless / for

smoking)?

Have there been any issues in

your Member State with

manufacturers and importers

submitting the information

required under Article 19(1)

when notifying a novel tobacco

product?

Has your Member State

confirmed or authorised

products sooner than 6 months

before they were placed on the

market?

Has your Member State

required manufacturers or

importers of novel tobacco

products to carry out additional

tests or submit

additional/updated information

(Article 19(2))?

Has your Member State

introduced an authorisation

Member State response

Yes / No / To some extent.

Please elaborate. If there are any examples of incorrect notification, please give them here.

Please list examples of the main families/systems of notified products and their classification, for example IQOS and Heets sticks.

Yes / No / To some extent.

Please elaborate.

Yes / No.

Please elaborate with details of the type of product.

Yes / No.

If yes: how many times and for which novel products?

If no: are you considering it? Why or why not?

Please specify any issues with regards to such submissions.

Yes / No.

If no: are you considering it? Why or why not?

If yes: how does it work? Within what delay do you provide authorisations?

Background and

Question

key considerations

system for novel products

(Article 19(3))?

Member State response

Has your Member State

Yes / No.

prevented any submitted

Please elaborate, describing any barred products.

product entering the market

(through refusal or withdrawal of

application)?

Has your Member State

introduced any other specific

requirements related to novel

tobacco products (in addition to

the transposition of this TPD

article)?

Have TPD provisions

concerning novel tobacco

products accounted for new

market developments? Do you

consider that the TPD

appropriately addresses all

types and all aspects of

products (e.g. heat

stick/devices)?

Yes / No.

Please elaborate why, their purpose, etc.

Yes / No / To some extent.

Please elaborate.

Which of the provisions of this

Smokeless tobacco product provisions / tobacco products for smoking provisions / combination of both.

Directive apply to novel tobacco

Please elaborate.

products placed on the market

in your Member State? (Article

19(4))?

Since the Directive came into

Please elaborate.

force, how many times has your

Member State taken actions

(such as product modification,

product withdrawal, fines, or

other punitive measures)

against manufacturers or

importers due to non-

Background and

Question

key considerations

compliance related to

notification of novel tobacco

products?

Has your Member State

encountered any other

difficulties in the practical

application of the provisions of

this Article?

Member State response

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 19.

Please elaborate, including specifying the provisions of difficulty/ challenges in the practical application of this Article

1.5.12 Article 20: Electronic cigarettes

Background and

Question

key considerations

Manufacturers and

importers of electronic

cigarettes and refill

containers must notify

Member States before

Have there been any issues

with manufacturers and

importers submitting

notifications about electronic

Member State response

Yes / No / To some extent.

Please elaborate. If there are any examples of incorrect notification, please give them here.

Background and

Question

key considerations

placing them on the

market, and the

notification must contain

certain information.

Member States are

required to ensure that

certain requirements are

met around these

products, including that

nicotine-containing liquid

does not contain nicotine

in excess of 20 mg/ml and

that electronic cigarettes

and refill containers are

child- and tamper-proof.

Unit packets of electronic

cigarettes and refill

containers also must

contain leaflets with

certain information.

cigarettes and refill containers

(Article 20(2))?

Member State response

Has your Member State

Yes / No / under consideration

requested completion of

Please elaborate.

notification information following

incorrect submission (Article

20(2))?

Has your Member State faced

any issues in objectively

assessing technical information

submitted on the various

product characteristics required

in Article 20(2)? For example,

information on nicotine doses

and uptake (Art 20(2)d)?

Has your Member State

confirmed or authorised

products sooner than 6 months

before they were placed on the

market?

Has your Member State

prevented any submitted

products from entering the

market (through refusal or

withdrawal of application)?

Has your Member State faced

any issues with quality/safety

requirements in Article 20(3)?

Yes / No.

Please elaborate, providing examples of issues with such requirements and measurement methods accepted.

Yes / No.

Please elaborate with details of the type of product/procedure.

Yes / No.

Please elaborate, describing any barred products.

Yes / No / To some extent.

Please elaborate. Is its application consistent with Article 7(6)?

Has your Member State faced

Yes / No / To some extent.

any issues in implementing the

Please elaborate.

provisions concerning leaflets in

unit packets of electronic

cigarettes (Article 20(4a))?

Background and

Question

key considerations

Member State response

Has your Member State faced

Yes / No / To some extent.

any issues in implementing the

Please elaborate.

provisions concerning unit

packets and outside packaging

of electronic cigarettes,

including ingredients and health

warnings (Article 20(4b and c))?

Has your Member State faced

any issues in interpreting and

implementing provisions of

Article 20(5), which prohibits

commercial communications

and advertising about e-

cigarettes?

Has your Member State faced

any issues in implementing

provisions concerning cross-

border distance sales (Article

18) specifically related to e-

cigarettes (Article 20(6))?

Yes / No / To some extent.

Please elaborate, describing challenges e.g. promotion on social media, cross border sporting events or magazines, online publications.

Yes / No / To some extent.

Please elaborate.

Has your Member State faced

Yes / No / To some extent.

any issues in requiring

Please elaborate.

manufacturers and importers to

submit the market data required

in Article 20(7)?

How has your Member State

Yes / No / To some extent.

monitored market developments

concerning electronic cigarettes

Please elaborate.

and refill containers, including

any evidence that their use is a

gateway to nicotine addiction

and ultimately traditional

tobacco consumption among

young people and non-smokers

(Article 20(7)?

Background and

Question

key considerations

Member State response

Has your Member State faced

Yes / No / To some extent.

any issues in making submitted

Please elaborate.

information publicly available on

Please provide a link to the publicly available list.

a website (Article 20(8))? E.g.

have there been issues with

economic operators requesting

information not be published

due to trade secrets?

Has your Member State faced

Yes / No / To some extent.

any issues in requiring

Please elaborate.

manufacturers, importers and

distributers of electronic

cigarettes and refill containers

to establish and maintain a

system for collecting information

about all of the suspected

adverse effects on human

health of these products (Article

20(9))?

Has your Member State used

Safety Gate (formerly known as

RAPEX) or the Information and

Communication System on

Market Surveillance (ICSMS) to

report on adverse effects?

Have there been any instances

in your Member State of

economic operators

withdrawing or recalling unsafe

or non-compliant products, or

taking corrective action to bring

the product into conformity with

the Directive Article 20(9))?

Has your Member State

competent authority taken any

provisional measures against

Safety Gate / ICSMS / both / none.

Please elaborate.

Yes / No.

Please elaborate, describing the products.

Yes / No.

Please elaborate, including when and how the Commission was notified.

Background and

Question

key considerations

manufacturers/importers of e-

cigarettes or refill containers

that comply with the

requirements of Article 20 but

could present a serious risk to

human health (Article 20(11))?

Do the TPD provisions

sufficiently cover all aspects of

emerging e-cigarette products?

Member State response

Yes / No / To some extent.

Please elaborate.

What relevant changes have occurred in the e-cigarette market since the Directive was implemented?

Since the Directive came into

Please elaborate.

force, how many times has your

Member State taken actions

(such as product modification,

product withdrawal, fines, or

other punitive measures)

against manufacturers or

importers due to non-

compliance related to e-

cigarettes and refill containers?

Has your Member State applied

Yes / No / To some extent.

similar provisions for non-

Please elaborate, including specifying the provisions of difficulty.

nicotine containing e-

cigarettes?

Has your Member State

encountered any other

difficulties in the practical

application of the provisions of

this Article?

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 20.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 20.

Please elaborate, including specifying the provisions of difficulty/ challenges in the practical application of this Article

1.5.13 Article 21 & 22: Herbal products for smoking / Reporting of ingredients of herbal products for smoking

Background and

Question

key considerations

The directive provides

provisions on herbal

products for smoking,

including about health

warnings and reporting of

ingredients and

emissions.

There may be issues

faced in implementing

these requirements,

however.

Has your Member State faced

any issues in placing health

warnings on packets for herbal

products for smoking; e.g. are

there any herbal products for

smoking which do not carry the

warning (Article 21)?

Has your Member State faced

any issues in requiring

manufacturers and importers to

report the ingredients of herbal

products for smoking (Article

22(1))?

Member State response

Yes / No / To some extent.

Please elaborate.

Yes / No / To some extent.

Please elaborate.

Has your Member State faced

Yes / No / To some extent.

any issues in making submitted

Please elaborate.

information publicly available on

Please provide a link to the publicly available list.

a website (Article 22(2))? E.g.

have there been issues with

economic operators requesting

information not be published

due to trade secrets?

What types of products are on

the market in your Member

Please list the products.

Background and

Question

key considerations

State which are considered

herbal products for smoking?

Does your Member State apply

TPD provisions for herbal

products for smoking for certain

cannabis or marijuana products

placed legally on the market?

Member State response

Yes / No.

If yes: What additional rules and provisions apply for them beyond the TPD requirements?

Since the Directive came into

Please elaborate.

force, how many times has your

Member State taken actions

(such as product modification,

product withdrawal, fines, or

other punitive measures)

against manufacturers or

importers due to non-

compliance related to herbal

products for smoking?

Has your Member State

encountered any other

difficulties in the practical

application of the provisions of

this Article?

Yes / No / To some extent.

Please elaborate, including specifying the provisions of difficulty.

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Articles 21 & 22.

Please elaborate, including specifying the provisions of difficulty/ challenges in the practical application of these Articles

1.5.14 Article 23: Cooperation and enforcement

Questions related to this Article should be addressed in parallel together with the costs-data template shared.

Background and

Question

key considerations

The Directive describes

how it should be

implemented and

enforced. There may be

issues with compliance or

enforcement.

Has your Member State faced

any difficulties in ensuring that

manufacturers and importers

provide the Commission and

Member States with complete,

correct and timely information

requested pursuant to the

Directive (Article 23(1))?

Has your Member State faced

any difficulties in enforcing the

responsibility of the

manufacturer, importer or joint

responsibility of manufacturer

and importer pursuant to Art.

23(1)?

Has your Member State faced

any issues in ensuring that

tobacco and related products

which do not comply with the

Directive and its implementing

and delegated acts are not

placed on the market?

What is your overall experience

with the enforcement of the

Directive? Do you have

adequate staffing for

enforcement activities such as

inspections?

Has your Member State faced

any court cases related to

enforcing the Directive?

Member State response

Yes / No / To some extent.

Please elaborate, including any actions your Member State has taken to enforce this obligation.

Yes / No / To some extent.

Please elaborate.

Yes / No / To some extent.

Please elaborate, including any follow up actions you have taken in this regard.

Please elaborate.

Yes / No.

Please elaborate, provide references when available.

Background and

Question

key considerations

What measures has your

Member State taken to ensure

that penalties for infringements

on the national provisions

transposing the Directive are

enforced?

What has been the experience

of your Member State in

cooperating with other Member

States? Have there been any

helpful mechanisms to applying

the Directive in a harmonised

way?

Member State response

Please elaborate.

Please elaborate, for example correct application, matters of interpretation, or enforcement of the Directive.

Do you consider that the

Yes/No/

Directive is applied in a conform

Please elaborate, providing examples.

way across Member States?

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 23.

Please elaborate, including specifying the provisions of difficulty/ challenges in the practical application of this Article

1.5.15 Article 24: Free movement

Background and

Question

key considerations

Member States can but

are not required to

implement

plain/standardised

packaging of tobacco

products.

Has your Member State

implemented plain or

standardised packaging for any

products (Article 24(2))?

Member State response

Yes / No.

If no: are you considering it? Why or why not?

If yes: Please describe when and for which products you have done this.

If yes:

Please describe any

challenges you faced when

The directive also allows

introducing and implementing

Member States to prohibit

plain packaging.

certain categories of

If yes:

Were you able to

tobacco or related

products, if they justify the

observe/measure any impact of

grounds for human health

plain packaging introduction?

protection.

Please elaborate on e.g. industry reaction, public support etc.

Possible issues with e.g. removing older packs from shelves immediately?

Please elaborate on

your observations concerning prevalence/awareness/youth uptake etc. levels or possible economic impacts? Provide references when

available.

Are any categories of tobacco

Yes / No.

or related products prohibited in

If no: are you considering it? Why or why not?

your Member State (Article

If yes: Please describe which products are prohibited, and from when (also if these bans pre-dated the Directive).

24(3))?

Please use this space for further explanation of any of the responses above, AND / OR any other observations you would like to share related to Article 24.

Please elaborate, including specifying the provisions of difficulty/ challenges in the practical application of this Article