Answer given by Ms Kyriakides on behalf of the European Commission
14.2.2024
According to Articles 18(1) and 20(6) of the Tobacco Products Directive[1], Member States may prohibit cross-border distance sales to consumers of tobacco products, electronic cigarettes and refill containers with nicotine-containing liquid.
Based on the information available to the Commission, Finland is one of the Member States that made use of this option[2]. In 2022, it also introduced a prohibition of cross-border distance sales of herbal products for smoking[3].
As a new measure, Finland intends to extend the prohibition of cross-border distance sales to ‘smokeless nicotine products’, which are outside the scope of the Tobacco Products Directive.
This measure[4] was notified to the Commission under Directive (EU) 2015/1535[5] on 16 October 2023 and the standstill period for this notification (during which the measure must not be adopted) expired on 17 January 2024.
No comments were issued on this notification, neither by the Commission nor by any Member State.
- [1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014L0040-20231023
- [2] The prohibition of cross-border distance sales of tobacco products, electronic cigarettes and nicotine-containing liquids was already introduced in Finland in 2016 Tobacco Act, 29.6.2016/549, Section 58: https://www.finlex.fi/fi/laki/ajantasa/2016/20160549#L7P58
- [3] https://www.finlex.fi/fi/laki/ajantasa/2016/20160549#L7P58
- [4] Technical Regulation Information System (TRIS) notification 2023/581/FI, https://technical-regulation-information-system.ec.europa.eu/en/notification/24952
- [5] OJ L 241, 17.9.2015, p. 1.