Spain’s Nicotine Pouch Bill Faces Opposition from Five EU Countries, Raising Trade Concerns

Key points:

1.Five countries raise objections: Italy, Sweden, Greece, Romania, and the Czech Republic have raised objections to Spain's draft legislation, arguing that it restricts the free movement of goods.

2.European Commission's concerns: The European Commission has pointed out that there are ambiguities in the definitions in the draft, which could lead to unclear legal scope.

3.Controversy over regulatory measures: Concerns have been raised by member states over the proposed restrictions on nicotine content and the definition of certain products in the draft legislation.

According to a report from the European News Agency (EUROPA PRESS) on May 12, the draft of the "Anti-Tobacco Royal Decree" proposed by the Spanish Ministry of Health aims to strengthen regulation of tobacco-related products such as e-cigarettes, heated herbal products, and nicotine pouches. However, this draft has sparked widespread attention and controversy within the European Union.

Five EU member states have expressed opposition to the draft proposal, stating that it violates Articles 34 and 35 of the EU Treaty regarding the free movement of goods. More specifically:

·Sweden: It is pointed out that the provision in the draft restricting the nicotine content of nicotine pouches to 0.99 milligrams is effectively a ban on all products currently on the market. 

·Italy: It believes that this restriction is inconsistent with the basic principle of the free movement of goods and may create trade barriers within the internal market. 

·Greece: It notes that the draft's restrictions on labeling are too stringent and may hinder intra-EU trade. 

·Romania: It questions Spain's failure to assess more moderate alternative measures, such as prohibiting sales to minors. 

·Czech Republic: Emphasizes that nicotine pouches contain no tobacco, do not burn, produce smoke or ash, and are intended as alternatives to traditional cigarettes. 

The European Commission is concerned about several definitions in the draft, particularly focusing on the definitions of "disposable e-cigarette" and "related products," believing these definitions to be broader than those specified in EU regulations.

The organization believes that this could lead to ambiguity in the application of laws, thereby affecting the enforcement of laws and the free flow of goods. In addition, the committee also pointed out that the definition of nicotine in the draft may mislead the public by suggesting that certain nicotine derivatives do not fall under the category of nicotine and are therefore not subject to relevant regulations.

The opinion also issued a warning regarding the definition of "harmful ingredients to human health," with the committee stating that "member states should not limit this category solely to specific substances meeting certain standards.

For example, regarding the labeling of e-cigarettes, the committee urged Spain to "Ensure that the definition of nicotine-free e-cigarettes does not allow for circumvention of health warning requirements as set out in community regulations".