EU 12 Dec 13: Amended EU Proposal

[Anjaffm]

12 Dec 2013: Amended EU Proposal

http://www.clivebates.com/documents/ecigtext121213.pdf

still includes the prohibition of freedom of expression

c) any form of public or private contribution to radio programmes with the aim or direct or indirect
effect of promoting electronic cigarettes and refill containers is prohibited;
d) any form of public or private contribution to any event, activity or individual with the aim or
direct or indirect effect of promoting electronic cigarettes and refill containers and involving or
taking place in several Member States or otherwise having cross-border effects is prohibited;

and a ban on (cross-border?) internet sales

. hm... refillable containers.... must be approved by this directive.... 10 ml liquid bottles... 20 mg nic / ml top limit.... hm... I do not trust this whole thing...

I am no lawyer.... can anybody read this?

............

Cross-border:
Please remember that we have freedom of movement in the EU. Such a "private activity" can well include a private party given by any person where a citizen of another EU country is invited.

And you cannot say "e-cigs good" on a radio show where the subject may be "e-cigs bad".

We once had that kind of prohibition of free speech in Germany.... and prohibition of assembly....
First in all of Germany, until 1945, and then in Eastern Germany, until 1990.

 

[ElectronicHookah]

"And you cannot say "e-cigs good" on a radio show where the subject may be "e-cigs bad"."
Interesting and scary.
Not sure if this is a fair and trustworthy enough "compromise" for you over there in Europe and will probably serve as fuel for more rebellion.

 

[Anjaffm]

"And you cannot say "e-cigs good" on a radio show where the subject may be "e-cigs bad"."
Interesting and scary.
Not sure if this is a fair and trustworthy enough "compromise" for you over there in Europe and will probably serve as fuel for more rebellion.

... in addition to being unconstitutional

 

[NorthOfAtlanta]

... in addition to being unconstitutional

You seem to be having the same problem we're encountering on this side of the pond, those in charge seem to think they can ignore that document.

 

[AgentAnia]

Scanned the latest revisions late last night, and it appears the only (main) changes are that refillables are no longer prohibited, and they've slightly changed the internet restrictions of "expression" to what's "commercial." Tho slogging through the bureaucratic gobbledygook may have confused me on that... At any rate, it's still scary crap.

Here's Clive Bates's comment on the latest revisions: When we’ve decided, we’ll let you know: an update on nicotine negotiations in Brussels « The counterfactual

Where next? On Monday 16th December starting at 18.30 in Brussels, there will be the fifth ‘trilogue’ negotiation between representatives of the European Parliament and Presidency of the European Council – this meeting is aiming to secure agreement on a text for the revised tobacco Products Directive, and in practice that means agreeing the text for Article 18 on e-cigarettes. Each side in the negotiations then has to take it back to their institution (Parliament plenary and full European Council) and win support. If both agree with the text, it becomes law. But that agreement won’t be reached until the Parliament has voted on it at its official ‘first reading’.

Process continues into 2014. The Parliament has not yet completed its first reading – the vote and plenary on 8 October kept it open referring it back to the rapporteur and ENVI committee to pursue negotiation with the Council. If trilogue agreement is reached, it then goes back to the European Parliament plenary sometime in early 2014. The Parliament will vote on a single amendment which captures all elements of the trilogue agreement and then passes a “legislative resolution”. If passed, this would complete the Parliament’s first reading. Once that’s done, the Council can formally adopt the directive (using exactly the same text as EP legislative resolution – that was have pre-agreed with the Presidency in the trilogue). If all that happens, the deal is done and the text becomes law. This process could be completed in the first few months of next year – but the key political agreement may be struck in the trilogue on 16th December. At least that’s what most involved seem to want. That doesn’t mean it will pass though: the European Parliament plenary has already rebelled once, and agreement in the Council can never be taken for granted – given domestic politics. See this interactive guide to the Ordinary Legislative Procedure or more straightforwardly set out in PDF form).

We should note that national parliaments can and should have a say on this… see next post.