Proposal delegate act from E.U. health commissioner Stella Kyriakidou from Greece to ban all flavoured heated tobacco products except from tobacco flavours has not been objected by the European Parliament or the Council of Europe by the 29th of October 2022 thus taking effect as an E.U. Directive from the 23rd of November 2022.
The Commission’s delegate act will take effect from November 23, 2022, and member states are expected to adapt their legislation to the European Directive by July 23, 2023.
Greece along with Cyprus, Bulgaria and Italy will not implement the EU directive by statement of assurance claiming that it does not align with existing EU legislation on tobacco products of 2014 by defining heating tobacco as a separate category of tobacco product and that for this it needs to be approved by the legislature of the European Parliament through democratic processes.
Greece, Cyprus, Bulgaria and Italy issued the following joint statement to the Council of Europe in response:
” Bulgaria, Cyprus, Greece and Italy reiterate that the DA proposed by the Commission has a deep impact on the discipline of heated tobacco products.
” As already stated, we are not convinced that such a complex and comprehensive reform could be introduced by the means of a Delegated Act.
” Without prejudice of our assessment on the substantive aspects of the Commission proposal, the new discipline arising by the DA, in our view, goes beyond the delegated power under Directive 2014/40/EU and involves essential elements reserved for the European legislators and, as such, should be submitted to the ordinary legislative review process. In particular, the Commission, by introducing a definition of “heated tobacco products” in the DA (see art. 1 which amends art 7(12) of Directive 2014/40/EU so as to insert the said definition in a second subparagraph), is according to us exceeding the limits of the delegation powers granted to it by the Directive 2014/40/EU (Articles 7, paragraph 12 and 11, paragraph 6 respectively).
” Furthermore, given the scope and burden of the obligations introduced for authorities, we consider unrealistic the timelines for transposition and transitional periods set in the act.
” Therefore, Bulgaria, Cyprus, Greece and Italy share the concern that this use of the delegated power by the Commission is problematic and puts the interinstitutional balance to the test creating legal uncertainty and practical difficulties for all parties involved. This act shall not be considered as a regulatory precedent.”
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