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