Spain’s proposed legislation to restrict new tobacco products such as vapes and set an upper limit on nicotine bag content has sparked protests from five countries, including Italy and Sweden, claiming that it violates the principle of free circulation of goods in the European Union.
Key points:
- 5 countries raised objections: Italy, Sweden, Greece, Romania and the Czech Republic raised objections to the draft decree of Spain, arguing that it restricted the free circulation of goods.
- Concerns of the European Commission: The European Commission pointed out that there are ambiguous definitions in the draft, which may lead to an unclear scope of application of the law.
- Disputes over regulatory measures: The restrictions on nicotine content and the definitions of certain products in the draft have raised concerns among member states.
According to a report by EUROPA PRESS on May 12th, the draft of the “Royal Anti-Tobacco Decree” proposed by the Spanish Ministry of Health aims to strengthen the supervision of tobacco products such as vapes, heated herbal products and nicotine bags. However, the draft has aroused widespread attention and controversy within the European Union.
Five EU member states expressed opposition to the draft, arguing that it violated the provisions of Articles 34 and 35 of the Treaty on the Functioning of the European Union regarding the free circulation of goods. Specifically:
- Sweden: It is pointed out that the draft limits the nicotine content of nicotine bags to 0.99 milligrams, which is actually equivalent to banning all products currently on the market.
- Italy: believes that this restrictive measure is inconsistent with the fundamental principle of the free circulation of goods and may create trade barriers in the domestic market.
- Greece: Pointed out that the restrictions on labels in the draft are too strict and may hinder trade within the European Union.
- Romania: Questioning Spain’s failure to assess milder alternative measures, such as a ban on sales to minors.
- Czech Republic: It emphasizes that nicotine bags do not contain tobacco, do not burn, and do not produce smoke or ashes, aiming to serve as an alternative to traditional cigarettes.
The European Commission expressed concern over multiple definitions in the draft, with a particular focus on the definitions of “disposable vapes” and “related products”, considering these definitions to be “broader” than those stipulated in European regulations.
The institution believes that it may lead to an unclear scope of application of the law, thereby affecting the enforcement of the law and the free circulation of goods. Furthermore, the committee also pointed out that the definition of nicotine in the draft might mislead the public into believing that certain nicotine derivatives do not fall within the category of nicotine and thus are not subject to relevant regulations.
The opinion also issued a warning about the definition of “components harmful to human health”, and the committee pointed out that “Member states should not limit this category to specific substances that meet specific standards.”
For instance, regarding the labels of vapes, the committee urged Spain to “ensure that the definition of nicotine-free vapes does not circumvent the health warning requirements stipulated by community regulations”.
