LEGAL UPDATE: AMENDMENTS TO THE LEGISLATION ON E-CIGARETTES

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Posted on : 03 Jul 2019

The circulation of electronic cigarettes (e-cigarettes) and e-liquids is regulated in Greece by law 4419/2016 concerning tobacco products, which incorporated in the Greek national legislation the European Directive 40/2014/EE (also known as the Tobacco Products Directive or TPD).

The aforementioned law waived the pre-existing prohibition of manufacture, promotion, trade and sale of e-cigarettes containing nicotine, without however regulating non- nicotine e-cigarettes and e-liquids. It thus remained unclear whether such products remained under the general prohibition introduced by law 3730/2008, which had not been expressly abolished, in spite of the fact that tax and customs regulations seemed to allow the import and taxation of nicotine- free e-cigarettes.

Through a circular of the Ministry of Health issued in May 2018, it was clarified that the provisions of law 3730/2008 prohibiting e-cigarettes (with the exception of those having been approved by the Ministry of Health), had been waived only with regard to the products containing nicotine.

In order thus to harmonize the relevant legislation and specify the conditions for the circulation of nicotine free e- cigarettes, law 4600/2019 amended law 4419/2016 by expanding the definitions included therein in order to include e-cigarettes and e-liquids which do not contain nicotine within the scope of this legislation.

As such, manufacturers and importers of nicotine free e-cigarettes and e-liquids are required to comply with the requirements of law 4419/2016, including the requirement to submit the relevant notification.

*This publication is intended only to provide general information and does not constitute personal advice. We do not accept or assume any responsibility towards readers of the present document for any loss resulting from acting on the basis of this publication.

 

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