Over the past decade, the European Union has established a comprehensive regulatory framework for vaping products through the Tobacco Products Directive.

This framework has created common standards across Member States on product safety, ingredient reporting, packaging, labelling and market surveillance, ensuring both the free movement of compliant products within the Internal Market and a high level of health protection.

As the Commission evaluates possible revisions to the existing legislation, IEVA believes that future measures should build on the current framework, preserving its core strengths while addressing identified gaps where necessary and in a proportionate manner.

In particular, the revised framework should:

• Ensure the proper functioning of the Internal Market by maintaining a harmonised, clear and proportionate EU framework for vaping products, addressing existing legal uncertainties where necessary, while safeguarding SMEs, employment and the independent European vaping value chain.
• Recognise the different characteristics and risk profiles of non-combustible products, such as e-cigarettes, compared to combustible cigarettes. As acknowledged by the European Commission in its evaluation of the EU tobacco control framework, replacing conventional cigarette smoking with e-cigarettes is likely to be associated with a reduction in the overall risk of adverse health effects, provided that products are manufactured according to appropriate standards and used as intended.
• Recognise the key role of flavours in the smoking cessation and switching process for adult smokers, while addressing marketing, packaging and product presentation practices that are considered appealing to young people.

SMEs, Employment and the Internal Market

The primary objective of the revision should be to ensure the smooth functioning of the Internal Market, in line with the principles of subsidiarity and proportionality, while respecting Member States’ competences in the area of health.

The current Directive was designed to approximate national market rules for tobacco and related products, including electronic cigarettes and refill containers, while ensuring a high level of health protection. The proper functioning of the Internal Market should therefore remain the legal basis and organising principle of the revised framework.

In this context, IEVA would like to point out that the existing notification system for e-cigarettes and refill containers has provided a structured mechanism for placing products on the EU market. It has helped ensure that consumers have access to regulated products that are subject to significant requirements regarding safety, quality, labelling and market surveillance.

Therefore, the revised framework should:

• Strengthen market surveillance and enforcement against non-compliant products;
• Ensure that compliant businesses can continue to operate under clear, proportionate and predictable rules;
• Apply the principles of Better Regulation, providing legal certainty for businesses while maintaining appropriate consumer protections.

See the whole contribution here: