2023-07-20 02:39:13
Updated Thursday, July 20, 2023 – 02:39
The Council of Ministers must approve the royal decree before July 23, but the Executive has not released the rule, which closed its claim period on July 6
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Sunday July 23. That is the deadline that Spain had to transpose the Directive 2022/2100 which regulates various aspects of heated tobacco and that ends with some exceptions that these products enjoyed. For this, it was expected that the last Council of Ministers before the general elections would meet the deadline set by Europe and give the green light to the relevant royal decree that modifies a previous regulation (Royal Decree 579/2017). But it has not been so.
The Ministry of Health, for the moment, has not given an explanation about the reason for this delay and the failure to meet the deadline to approve a regulation that ended its validity. claims process last July 6. A breach that occurs in the semester in which Spain presides over the Council of the European Union.
According to the latest draft prepared, the new regulation will establish what kind of items treats -defines- and withdraw certain exceptions of those they enjoyed up to now with respect to other products.
In the first place, the text indicates that heated tobacco is a “novelty tobacco product which is heated to produce an emission which contains nicotine and other chemicalswhich is then inhaled by users and which, depending on its characteristics, is a tobacco product without combustion or a tobacco product for smoking”.
In addition, in the section dealing with ingredients and additives, heated tobacco is included in the prohibition of containing characteristic aromas and “flavoring components, such as filters, cigarette papers, containers, capsules, or any other technical characteristic that allows modifying the smell or flavor of tobacco products, or intensifies smoke. Filters, papers, and capsules may not contain tobacco or nicotine.”
Finally, once the royal decree has been approved, which will come into force next October, heated tobacco items must include messages and images with health warnings in the same way as other tobacco products. Thus, the draft states that only “tobacco products for smoking other than cigarettes, tobacco for rolling, waterpipe tobacco and heated tobacco products will be exempt from the obligation to include informative messages and color photographs that are part of health warnings.”
Under European law, Member States must transpose directives within the set deadline and, if they fail to do so, the Commission can initiate a lawsuit. infringement procedurewhich can end in a fine, and initiate proceedings against the country before the Court of Justice of the European Union.
For Andrs Zamorano, president of the National Committee for the Prevention of Smoking (CNPT), the pending royal decree has remained a “minimum” standard, since, as he explained to this medium, the Committee had requested, among other issues, that neutral packaging be included and that electronic cigarettes, with and without nicotine, be equated to the classic fuels. In addition, they requested that these latest devices could not be sold anywhere.
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