It's a nice point, but whether you're dealing with the EP or with the IETF/W3C (more my territory) there's a huge difference between SHOULD (not) and MUST (not), sadly.
Please don't spread misinformation. The amended TPD - even if it passes as it currently reads, which is my no means certain - does not prevent the UK from implementing more restrictive legislation.
We're bound to implement EU directives, but we're not bound to making that the whole of our law. On the other hand, to implement contradictory laws can be challenged at EU level on free trade grounds (which, after all, is what the EU is all about).
Witness the piece in The Guardian:
Menthol...
That was my confusion over which 'amendment 71' meant.
The one meant replaced Article 18 (which some restrictions on what could be regarded as non-medical) with the blanket:
"1. Nicotine-containing products may only be placed on the market if they are authorised pursuant to Directive...
Why 71?
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&reference=PE-513.109&format=PDF&language=EN&secondRef=02
Says this changes:
"The prohibition of
the sale of oral tobacco should be
maintained in order to prevent the
introduction to the internal market of a
product that is...
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