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jhelliwell

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MEPs win victory for e-cigs


MEPs have forced reluctant governments to accept that electronic cigarettes should be widely available and regulated as consumer products rather than restricted as pharmaceuticals.

In negotiations last night (Monday), proposals from the European Commission that all electronic cigarettes should be controlled by pharmaceutical legislation were decisively rejected by MEPs.

Governments will now have to propose special legal justifications if they wish electronic cigarettes to be treated differently from conventional tobacco cigarettes.

Health campaigners claim that e-cigs can be a game changer in the fight against smoking related diseases that kill 700,000 people prematurely in Europe each year.

And while they admit that their nicotine content is addictive, they argue that e-cigs should be as available as tobacco cigarettes to encourage smokers to switch their habit to a healthier alternative.

In negotiations with representatives of EU governments, MEPs insisted that the maximum nicotine content of e-cigs available for general sale should be 20mg/ml, a major increase on the 3mg originally proposed by the Commission and above the average routinely used.

The nicotine level agreed is regarded as closely comparable to that derived from smoking conventional cigarettes.

It was agreed that the flavourings that can be used in e-cigs will be specified by national governments rather than specified by EU legislation.

Refillable units, which are widely used at present, will continue to be available but will be subject to a health and safety review by the European Commission. New proposals to guide their use could be introduced in 2016.

Liberal Democrat MEP Chris Davies, a convinced supporter of e-cigs, said that MEPs had achieved a remarkable victory in the face of stiff government opposition.

He said that the restrictions on the sale of e-cigs were unnecessary but a price worth paying to secure agreement across the whole of Europe.

Davies commented: "We have seen a massive turnaround in the approach towards e-cigs and that is very much to be welcomed. These things can save lives because smokers find them pleasurable to use.

"It would be madness to impose so many restrictions that people instead keep buying instead the conventional cigarettes that we know kill in vast numbers."
 

Orb Skewer

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MEPs win victory for e-cigs


MEPs have forced reluctant governments to accept that electronic cigarettes should be widely available and regulated as consumer products rather than restricted as pharmaceuticals.

In negotiations last night (Monday), proposals from the European Commission that all electronic cigarettes should be controlled by pharmaceutical legislation were decisively rejected by MEPs.

Governments will now have to propose special legal justifications if they wish electronic cigarettes to be treated differently from conventional tobacco cigarettes.

Health campaigners claim that e-cigs can be a game changer in the fight against smoking related diseases that kill 700,000 people prematurely in Europe each year.

And while they admit that their nicotine content is addictive, they argue that e-cigs should be as available as tobacco cigarettes to encourage smokers to switch their habit to a healthier alternative.

In negotiations with representatives of EU governments, MEPs insisted that the maximum nicotine content of e-cigs available for general sale should be 20mg/ml, a major increase on the 3mg originally proposed by the Commission and above the average routinely used.

The nicotine level agreed is regarded as closely comparable to that derived from smoking conventional cigarettes.

It was agreed that the flavourings that can be used in e-cigs will be specified by national governments rather than specified by EU legislation.

Refillable units, which are widely used at present, will continue to be available but will be subject to a health and safety review by the European Commission. New proposals to guide their use could be introduced in 2016.

Liberal Democrat MEP Chris Davies, a convinced supporter of e-cigs, said that MEPs had achieved a remarkable victory in the face of stiff government opposition.

He said that the restrictions on the sale of e-cigs were unnecessary but a price worth paying to secure agreement across the whole of Europe.

Davies commented: "We have seen a massive turnaround in the approach towards e-cigs and that is very much to be welcomed. These things can save lives because smokers find them pleasurable to use.

"It would be madness to impose so many restrictions that people instead keep buying instead the conventional cigarettes that we know kill in vast numbers."

Victory my ...!
 

Anjaffm

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Julie W

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Orb Skewer

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The best move they could make is to drop article 18 from TPD, close the TPD process this session and and revisit article 18 once they have properly assessed the repercussions of blundering ahead at this stage, what has been presented so far are completely unacceptable compromise. In rubber stamping this they are making a rod for their own back.
 

tommy2bad

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So we have two opinions on the same thing, one says victory (and compared to med regs it is) one says disaster (and compared to a good set of regs it is). Welcome to politics the art of the possible.
Both side claim victory and I fear that the actual victory is with the tobacco companies, who will in two years time have a set of regs restricting ecigs to the produce they produce and a customer base created by someone elses work handed to them on a plate.
 

AgentAnia

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I don't see this as a "win" at all. IMO, it's a delaying tactic by the ANTZ faced with stiff opposition.

In negotiations with representatives of EU governments, MEPs insisted that the maximum nicotine content of e-cigs available for general sale should be 20mg/ml, a major increase on the 3mg originally proposed by the Commission and above the average routinely used.

The nicotine level agreed is regarded as closely comparable to that derived from smoking conventional cigarettes.

Who is doing the "regarding"? Many EU vapers depend on a higher dosage. It's a compromise that may seem acceptable, but really isn't.

It was agreed that the flavourings that can be used in e-cigs will be specified by national governments rather than specified by EU legislation.

This effectively reduces the number of opponents to restricted flavors to those within each country. Who wins?

Refillable units, which are widely used at present, will continue to be available but will be subject to a health and safety review by the European Commission. New proposals to guide their use could be introduced in 2016.

Are they hoping that by 2016 vapers will have lost the impetus to protest? Or perhaps they need the time to deal with the prospect of environmental disaster created by millions of nonrefillable cartridges, which they don't seem to have considered in drafting the current proporal but which we were kind enough to point out?

All that being said, I still hold out hope that the MEPs will vote the right way when it comes to that...
 

tommy2bad

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Chris Davies clears up some things;
http://officeofchrisdaviesmep.createsend4.com/t/ViewEmail/j/F85AF8D7F8C5649A
It's a mess, clearly they have no understanding of the actual products. Their desire to have a nicotine free world, the tobacco free thng is now an obvious sham as ecigs are not tobacco, has led them to hate on ecigs without considering the health opportunity.

We need to see how this is translated into national law to judge the effects it will have. Unfortuniatly that will be late in the day and the current regime will be in place and unassailable.
 

NorthOfAtlanta

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Just found this, a bit less confusing (sorry, that's the best I can say about it!) E-cigarette decision passed to member states | European Voice

If this is indeed correct, I'm filing it under "Divide and Conquer."

However member states will be free to enact national bans on refillable e-cigarettes, as long as these bans can be justified on safety grounds. If more than three member states choose to do so, then the Commission can impose an EU ban in order to maintain the integrity of the single market. This would not need the approval of the European Parliament or member states. The Commission will review the situation in 2016.


This one is just permission for them to get a ban on refillables without going back to Parliament, does anyone believe they haven't already lined up 3 countries that will ban them?
 

Starlyte2

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It's a history of a glass half empty or half full, IMO.
We got out of the Big Pharma's clawed hands, which is half the battle, again, IMO ;)
Now the get the other half of the glass filled, and get out of Big Baccy's claws...
Worth waiting for the final word on Wednesday, before judging.
Half a battle won is better than none.
 

jhelliwell

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Interesting update from Chris Davies......

It is claimed that Bismarck once said that you should never allow the public to see how sausages or laws are made. The negotiations between MEPs and EU government representatives that took place last night could have proved his point.

A messy process has ended up with confusion on all sides, stemming partly because there was no chance to study the final text in detail (it was still being tidied up this morning) or to assess its implications.

The situation is a bit clearer now, although the deal has still to be ratified by the EU governments collectively. I wanted to write to you to and set out what the legislation does say – and more importantly what it doesn’t.

Remember that we started off with the European Commission insisting that e-cigs should be classified as pharmaceuticals, and subject to expensive approval procedures and a host of regulations and restrictions in different countries.

Almost all governments backed this stance.

So although the European Parliament voted for a different approach MEPs have had an uphill battle to get their wishes accepted.

The deal negotiated between the Parliament and the Council of Ministers is not perfect (they never are). I would have preferred to see less regulation on concentrations and volumes, but when compared to the initial proposals I think our negotiating team have done a fantastic job.

Below is a list of facts about the legislation and a bit of explanation about why it is written as it is. I’ve read the actual text of the proposal and I know that a lot of the speculation on the internet at the moment is wrong!

Please drop me an email at chris@chrisdaviesmep.org.uk if you have any questions and I will do my best to answer them.

Happy vaping!

Chris Davies MEP
Liberal Democrat environment and health spokesman



Refillable tanks and the two year report

The legislation requires the European Commission to report back in two years on the safety of refillable cartridges. That doesn’t mean they are being phased out after two years, it means there will be a discussion. It will give time for manufacturers to demonstrate the safety of their products.

More information on safety is better than less and vapers will want to know if the products they use are safe or not.


Banning certain products

A lot of people have claimed that if three countries ban refillable cartridges they will be banned everywhere. This is not true.

If three countries can prove that there is a safety risk with a particular type or brand or cartridge then the European Commission can adopt measures to ban it. BUT, this will only apply to the specific product, not to all of them, AND the European Parliament has the right to veto any such ban.


Eliquid concentrations

There will be a ban on liquids containing a higher concentration of nicotine than 20mg/ml and a ban on having more than 2ml of liquid in an e-cig. That means there will be a maximum of 40mg (20mg/ml x 2 ml) in any one e-cig.

There will also be a limit of 10ml liquid in any one refill bottle but no limit on the number of bottles you can buy.

There are no regulations as to flow rate through an e-cig. (Some studies have shown that the concentration of nicotine in a puff is dependent more on the e-cigarette than the liquid concentration).

These are safety measures. A spoonful of concentrated nicotine could kill a child and restrictions of some kind were inevitable. The original proposal was for a restriction of 4mg/ml and no refillable cartridges so this is a far better deal than we could have expected. It might mean people have to refill more often or take longer puffs but it won’t have any impact on the amount of nicotine you can physically breathe in.


Child proofing

Cartridges and refill bottles will need to be childproof and not leak during refilling. I don’t know of anyone who thinks we should put nicotine liquid in a form that would let kids accidentally ingest it.


Flavourings

These will be regulated at the level of individual countries but, importantly, no country will be able to ban a flavour that is allowed in another country and cross border sales will be allowed. One of the advantages of the European Single Market is that if you can’t buy it in the UK the Swedes or someone else may sell it to you!


Consumer information

E-cig manufacturers will have to let governments know within six months what ingredients are in their liquids. They will have to include leaflets and labels including health warnings that nicotine is bad for you and that e-cigs aren’t for the use of non smokers.

Advertising will also be severely restricted.


Pharmaceutical regulation

A manufacturer will be able to apply for medicinal approval if they want to make health claims about their products, but in general the EU will not classify e-cigs as medicines.

It is still possible for any government to insist that e-cigs should be classified as pharmaceutical products in their own country. The same legislation can apply to ANY product, but there might be legal grounds for challenging it if applied to e-cigs. But the new EU rules provide an alternative legal framework for controlling e-cigs so fewer governments are likely to take the pharmaceutical route. Anyway, the decision will be taken in London not in Brussels.

And then there is always the internet!


nic levels are bad but on the whole there's always the internet.
 

AgentAnia

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Excellent defense of ecigs and excoriation of Art. 18 by a member of Parliament.

Transcript of Viscount Ridley’s debate on e cigs in the House of Lords – how it should be done! | Save e-cigs

And a not-so-excellent recording of Linda MacAvan's self-serving, self-aggrandizing press conference (actually a statement to the press, since no Q&As followed).

http://ec.europa.eu/avservices/video/player.cfm?ref=95110

I watched this in its entirity and am putting in for hazardous duty pay. Since misery loves company, I hope you'll watch it too, if for nothing else than LA's body language (and proof of her desperate need of a qualified hairdresser). Warning, however, do not watch it on a full stomach.
 
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