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Tobacco Law

Original Language Title: Tabakswet

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Law of 10 March 1988 laying down measures for the reduction of tobacco use, in particular for the protection of non-smoker

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken the view that it is desirable to regulate in the interests of public health measures to reduce the use of tobacco and, in particular, to encourage those who do not use tobacco to prevent them;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:


§ 1. Conceptual provisions

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Article 1

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  • 1 The following shall be understood in this Act and the provisions which are based thereon:

    • Related products: electronic cigarettes, refill containers and herbal products intended for smoking;

    • Additive: a substance other than tobacco which is added to a tobacco product, nicotine-containing liquid, or packaging unit or outer packaging;

    • Annex: The Annex by this Law;

    • Domestic sales at a distance: a sales agreement between a retail outlet and a consumer who are both located in the Netherlands and is closed as part of an organised remote sale system without concurrent personal presence of detailed lists and consumer and where, until the date of conclusion of the contract of sale, use is made only of one or more means of distance communication;

    • Outer carton: the packaging in which tobacco products or related products are placed on the market and containing a unit packet or a number of packages, provided that unprinted cell lofane packaging is not to be used as outer packaging Considered;

    • Consumer: a natural person acting for purposes that are outside his business or profession;

    • Detail list: Point of sale where tobacco products and related products are placed on the market, even if that is done by a natural person;

    • distributor: a natural or legal person in the supply chain of tobacco products and related products, other than the manufacturer, importer or detailed list;

    • Electronic cigarette: a product that can be used for the consumption of nicotine-containing vapour through a mouthpiece, or part of that product, including a cartridge, a reservoir and the device without a cartridge or container;

    • Emissions: substances released when a tobacco or related product is used as intended, such as substances that occur in smoke, or substances that are released from the use of smokeless tobacco products;

    • European Economic Area: the body of States Parties to the Agreement on the European Economic Area;

    • remote cross-border distance selling: a distance selling to consumers where the consumer is located in another State of the European Economic Area at the time when he orders the product to the retail outlet, than the country where that retail outlet is established; detailed list is considered to be located in the Netherlands:

      • a. in the case of a natural person: if the seat of his holding is located in the Netherlands;

      • b. In other cases, if the registered office, central administration or principal place of business, including a branch, agency or other establishment, of the detailed list is located in the Netherlands;

    • Hotel and catering establishment:
    • Importer of tobacco products and related products: the owner of tobacco products and related products introduced into the Netherlands or a person who has the right to dispose of those products;

    • placing on the market: the provision of products to consumers in the European Economic Area, whether or not subject to payment, including through distance selling, whatever the place of production; in the case of cross-border retail sale, the product was considered to have been placed on the market in the Netherlands if the consumer is in the Netherlands;

    • ingredient: tobacco, an additive, and any substance or element contained in any manufactured tobacco or related product, including paper, filters, inks, capsules and adhesives;

    • maximum emission level: the maximum amount or emission of a substance in a tobacco product, even if it is zero, measured in milligrams;

    • Refill pack: a container containing a nicotine-containing liquid that can be used to refill an electronic cigarette;

    • Nicotine: nicotinic alkaloids;

    • Nicotine-containing liquid: nicotinic fluid in an electronic cigarette or refill pack;

    • Our Minister: Our Minister of Health, Welfare and Sport;

    • Pipe tobacco: tobacco that can be consumed through a process of incineration and is intended solely for use in a pipe;

    • producer: a natural or legal person producing, designing or producing a tobacco or related product under his or her name or brand and placing it on the market;

    • Chewing tobacco: a tobacco product which is not consumed through a process of incineration and which is intended solely for prunes;

    • Advertising: any act in the economic sphere with the aim of promoting the sale of tobacco products, electronic cigarettes and refill containers and any form of commercial communication that publics or prices a tobacco product, electronic cigarettes or repackaging for purposes of purpose or of direct or direct consequence, including advertising which, without directly mentioning the tobacco product, the electronic cigarette or the refill package, is intended to be used circumvent the advertising ban by making use of a name, brand, symbol or any other distinctive sign of a tobacco product, electronic cigarette or refill package;

    • Smoking ban: the ban on smoking tobacco;

    • Sigaar: a tobacco roll which can be consumed through a process of incineration and having regard to the characteristics and normal expectations of the consumer is solely intended for smoking and:

      • a. has a cover sheet of natural tobacco, or

      • b. consists of a broken melange, with a cover sheet of reconstituted tobacco which has the normal colour of a cigar and which completely omit the product, including, where appropriate, the filter, but without the mouthpiece, and of which it is not weight per piece, without filter or mouthpiece, not less than 2,3 grams and not more than 10 grams and the perimeter of at least one third of length of 34 mm or more;

    • Sponsorship: any public or private economic contribution to an activity, event or person, to the object or to the prices of a tobacco product, electronic cigarette or refill package, either directly or indirectly, to a direct or direct has an immediate effect;

    • Tobacco: leaves and other natural, transformed or unprocessed parts of the tobacco plant, including expanded and reconstituted tobacco;

    • Tobacco or electronic cigarette speciality case: an establishment, a store or a component thereof, with a lockable own access, in which a total assortment of tobacco products or electronic cigarettes and refill packages of at least 90 marker versions are present for the in- Trade and:

      • a. With a sales floor area of not less than 10 m 2 , or

      • b. With a sales floor area of less than 10 m 2 , which had already been registered as an electronic cigarette case before 1 January 2001 as a tobacco case or 20 May 2016, at the Chamber of Commerce;

    • tobacco products: products which can be consumed and which, although only partly, consist of tobacco, whether or not genetically modified;

    • Tobacco products Directive: the Directive to be adopted by our Minister;

    • Tobacco for oral use: all or part of tobacco tobacco products consisting of tobacco consisting of oral use, excluding products intended to be inhaled or pegged, in the form of powder, fine particles or any combination of such forms, in particular which are presented in a portion pocket or porous buts; and

    • Tar: the unpurified water and nicotine-free condensate of smoke;

    • Sales point of tobacco products, electronic cigarettes or refill containers: any place where tobacco products, electronic cigarettes or refill containers are present for placing on the market;

    • packaging unit: the smallest individual packaging of a tobacco product or related product placed on the market;

    • herbal product intended for smoking: a product based on plants, herbs or fruit which does not contain tobacco and can be consumed through a process of incineration;

    • Employer: the employer, intended to Article 1, first paragraph, point (a) and second paragraph (a) (1) of the Working Conditions Act , including the person who provides employment as a volunteer as referred to in point (l) of Article 1 of that Act;

    • Employee: the person who performs work for the employer.


§ 2. Designation, composition, prohibition and information of tobacco products and related products

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Article 2

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  • 1 In the interest of public health, in the case of or under general management, requirements are made on tobacco products, electronic cigarettes, refill containers and nicotine-containing liquids with regard to maximum emission levels, and ingredients and technical requirements, and methods of research to be used to decide whether or not to comply with the requirements laid down in respect of a product shall be subject to technical requirements.

  • 2 In the interest of public health, the packaging unit and the outer packaging of tobacco products and related products shall be subject to or pursuant to general administrative measures. The requirements shall apply to:

    • a. The particulars on pkkkingen units and outer packaging;

    • b. the quantity or number of pieces which is packed;

    • c. the presentation of the product;

    • d. The buckle, shape, dimensions and material of the packaging unit or the outer packaging; and

    • e. other elements of the packaging unit and the outer packaging that may be used to distinguish between the different brands of a tobacco product or a related product.

  • 3 The requirements laid down pursuant to paragraph 2 may be determined differently for different products.

  • 4 Images of a unit of packaging or an outer packaging aimed at consumers in the European Economic Area must meet the requirements set out in paragraph 2. Our Minister may lay down more detailed rules regarding the sentence set out in the previous sentence.

  • 5 The unit packet of an electronic cigarette and a refill pack contains a package leaflet. Our Minister proposes further rules on the contents of the package leaflet.


Article 3

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  • 2 It is prohibited to place on the market any new or modified tobacco products or related products if these products have not been met with the requirements of, or pursuant to Article 3b .


Article 3a

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The placing on the market of tobacco for oral use is prohibited.


Article 3b

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  • 1 In the case of, or under general management, rules shall be laid down with respect to the information to be submitted by producers and importers of tobacco products and related products to our Minister or to the European Commission. Different rules may be laid down for producers and importers of different tobacco products and related products. These rules may relate to:

    • a. the content of the information to be transmitted;

    • b. the time and manner in which the data is submitted;

    • c. the studies and trials to be carried out and their assessment by an independent scientific authority; and

    • d. the documents to be added.

  • 2 In the case of a general measure of management, small and medium-sized enterprises referred to in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (PbEU 2003, L 124) may be exempted from the the obligation to carry out studies, if any other producer or importer has carried out the study and has produced a report on the subject.

  • 3 Our Minister shall be responsible for making a provision for disclosure of documents and particulars to be made available by a general measure of management. In the disclosure, our Minister takes due account of the need to protect business secrets.

  • 4 Particulars and documents submitted may be shared by Our Minister with the European Commission or the other States of the European Economic Area.

  • 5 Where a producer of a tobacco product or related product is established in the Netherlands, the obligation to submit the data shall be the first to be used by the producer. Where the importer is established in the Netherlands and the producer outside the European Economic Area, the obligation to submit data shall be the importer's first place of business. If the manufacturer and the importer are both established outside the European Economic Area, they shall be jointly and severally obliged to submit the data.


Article 3c

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  • 1 Tobacco producers and importers are obliged to cooperate in measurements and investigations, designated or approved by Our Minister, with a view to examining the maximum level of tar, nicotine, carbon monoxide and other substances producing tobacco products, broken down by brand and type of product, as well as the effects of these other substances on health, taking into account, inter alia, the inherent danger from dependency.

  • 2 The measurements and investigations for the maximum emission levels of tar, nicotine and carbon monoxide are verified by laboratories that have been approved by and supervised by Our Minister.

  • 3 The results of measurements and research are submitted annually to Our Minister, or so much less frequently as determined by our Minister's arrangement.

  • 4 The rules of our Minister may lay down detailed rules on the arrangements for application of the first, second and third paragraphs.

  • 5 By ministerial arrangement, for the implementation of binding decisions of a European Union institution, measurements and tests of maximum emission levels verified by laboratories approved and under the conditions of Our Minister's oversight.


Article 3d

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In the case of, or under general management, rules may be laid down for the approval of laboratories, such measurements and investigations as referred to in Article 4 (2) of the EC Treaty Article 3c to perform.


Article 3rd

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  • 1 Producers, importers and distributors of electronic cigarettes and refill containers shall establish a system for the collection of information on all suspected harmful effects of these products on human health. The producers, importers and distributors of these products shall keep this system in place.

  • 2 In the case of, or under general management, rules may be laid down in respect of the first paragraph.


§ 3. Advertising and sponsorship restrictions

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Article 4 [ Exposition by 19-12-2009]

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Article 5

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  • 1 Any form of advertising or sponsorship is prohibited.

  • 2 This prohibition is also included in the scope of the Media law 2008 falling advertising, teleshopper, sponsorship and product placement for tobacco products, electronic cigarettes or refill containers, including use of names, (image) marks or other distinguishing signs which may be used by their -strong public similarity to the public's perception that the sponsorship concerns a producer or seller of tobacco products, electronic cigarettes or refill containers.

  • 3 By way of derogation from the first paragraph, sponsorship of radio programmes shall be permitted where this is carried out by undertakings whose principal activity is not produced by the manufacture or sale of tobacco products, electronic cigarettes, or Refill containers.

  • 4 By way of derogation from the first paragraph, advertising shall be permitted for other products or services of the same name as a tobacco product, electronic cigarette or refill package, which shall be marketed by the same undertaking or by different undertakings have been or are being offered, if the name of those other products or services is already used in good faith for both a tobacco product, electronic cigarette or refill pack and for any other product or service. The name of a tobacco product, electronic cigarette or refill pack shall be used only if it is used in a clearly different presentation form than the one in which it is used for a tobacco product, electronic cigarette or refill package. with exclusion of any distinctive sign other than name, mark and symbol, which is already used for a tobacco product, electronic cigarette or refill package. This paragraph does not apply to advertising, teleshopper, sponsorship and product placement that are under the scope of Media law 2008 Fall.

  • 5 The first paragraph shall not apply either:

    • a. Commercial communications in the press and other printed publications, as well as in information society services, the purpose of which is to make a tobacco product, electronic cigarette or refill package either directly or indirectly as a result, and which:

      • 1 °. intended exclusively for persons engaged in the trade in tobacco products, electronic cigarettes or refill containers; or

      • 2 °. printed and issued in, or granted from, countries outside the European Economic Area, provided that they are not primarily intended for countries within the European Economic Area;

    • b. The regular presentation of tobacco products put up for sale, electronic cigarettes or refill containers by means of showing them in closed packaging against a neutral background and their normal price indication in sales outlets of tobacco products, electronic cigarettes or refill containers, with the exception that the requirement of closed packaging does not apply to cigar, pipe tobacco and chewing tobacco in a tobacco or electronic cigarette case;

    • c. Advertising exclusively for the purchaser of tobacco products, electronic cigarettes or refill containers in a tobacco or electronic cigarette speciality case or on its façade or in a lockable own access clear Separate sales point for tobacco products, electronic cigarettes or refill containers in a food business or department store, provided that the advertising is not directed to minors and:

      • 1 °. in total no more than 2m to the front façade of a tobacco or electronic cigarette case case 2 covers;

      • 2 °. to the extent present in a separate point of sale of tobacco products, electronic cigarettes or refill containers in a food business or department store is only attached to, on, in or against the part of the restricted area intended for use the presentation of tobacco products, electronic cigarettes or refill containers is addressed exclusively to persons who are present at the point of sale;

      • 3 °. complies with the rules to be laid down by ministerial regulation.

  • 6 Any award not or against a token fee, aimed at or directly or indirectly caused by the prices of a tobacco product, electronic cigarette or refill package, shall be prohibited.

  • 7 In the case of a general measure of management, goods and services for minors in particular may be designated, which may not be provided by business in tobacco or electronic cigarettes speciality cases and in separate cases; Sales outlets of tobacco products, electronic cigarettes or refill containers in food and department stores, where advertising of tobacco products, electronic cigarettes or refill containers is produced there.


Article 5a

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  • 1 It shall be prohibited to use a name, mark, symbol or other distinguishing sign of any other product or other service in the case of a tobacco product, electronic cigarette or refill package. This prohibition shall not apply to:

    • a. a tobacco product which was in the market before 7 November 2002, under the name, mark or symbol, or with the distinctive sign of another product or of another service;

    • b. An electronic cigarette or refill package which was in the market before 20 May 2016 under the name, mark or symbol or with the distinctive sign of another product or service of another service.

  • 2 It shall be prohibited to use, for products or services, a name, mark, symbol or other distinctive sign which has previously been used for a tobacco product, electronic cigarette or refill package, unless the name, the mark, the symbol, or the other distinguishing sign of the product or service in a clearly different form from that of the tobacco product, electronic cigarette or refill package is presented. This prohibition shall not apply to:

    • a. any other product or service which was on the market before 7 November 2002 under the name, mark or symbol or with the distinguishing sign of a tobacco product;

    • b. another product or service which was on the market before 20 May 2016 under the name, mark or symbol or with the distinguishing sign of an electronic cigarette or refill package.

  • 3 In the case of a general measure of management, rules relating to the use of a name, mark, symbol or any other distinguishing sign of a tobacco product for an electronic cigarette or refill package or the use of a product may be used the name, mark, symbol or any other distinguishing sign of an electronic cigarette or refill package for tobacco products.


Article 5b

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  • 1 By claim of a legal person referred to in paragraph 3, advertising or sponsorship, which is contrary to the provisions of the Articles 5 or 5a -to be declared illegal.

  • 2 The claim may be brought against the person who is responsible for the advertising or sponsorship.

  • 3 The action shall be applied to legal entities with full jurisdiction, the purpose of which is to prevent the prevention of smoking, the cessation of smoking or the protection of the interests of young people, consumers or non-smokers.

  • 4 The plaintiff is inadmissible, if it does not appear that, before setting the claim, he has given the person responsible the opportunity to remove the advertisement or the sponsorship, or, if Article 5, third paragraph , apply to change advertising or sponsorship in such a way that the objections that would give rise to the claim for the claim have been removed. In any case, a period of two weeks after written notification of the objections shall be sufficient.


Article 5c

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  • 1 The court of Rotterdam shall have exclusive jurisdiction to notify claims as referred to in Article 3 (2). Article 5b .

  • 3 Upon the claim of the claimant, the Award may be associated:

    • a. Prohibition of advertising or sponsorship;

    • b. a commandment to remove or dispose of, or to modify or change, from the advertising or sponsorship;

    • (c) a judgment on the publication or disclosure of the Award, in a manner determined by the court and at the expense of the party or parties to be issued by the court.

  • 4 The judge may in his judgment indicate the manner in which the infringement Article 5 or 5a shall be removed.

  • 5 Disputes relating to the implementation of the convictions provided for in paragraph 3 and of the order for payment of a periodic penalty payment, if it is imposed, shall be decided upon by the Court of Rotterdam in case of exclusion.


Article 6 [ Expired by 01-01-2013]

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§ 4. Sales restrictions

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Article 7

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  • 1 It shall be prohibited in any of the institutions, services and undertakings managed by the State or other public bodies, whether by business or otherwise than to supply or to supply tobacco products to individuals or with that purpose. The prohibition shall not apply to cases designated by a general measure of management.

  • 2 It shall be prohibited in healthcare, welfare, social services, art and culture, sport, social and cultural work or education establishments, insofar as such establishments belong to a general measure of management. categories, business or other than to provide non-tobacco products to private individuals or to be present for that purpose.

  • 3 It shall be prohibited in categories of companies and organisations designated by a general measure, business or other than not supplying tobacco products to private persons or having the purpose of carrying out tobacco products.


Article 8

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  • 1 It shall be prohibited to provide commercial or non-tobacco products, electronic cigarettes or refill containers to a person who has not been determined to reach the age of 18. The provision shall also include the provision of a tobacco product, an electronic cigarette or a refill package to a person who has been determined to reach the age of 18 years, the tobacco product, the electronic cigarette, or However, repackaging is apparently intended for a person who has not been determined to reach the age of 18.

  • 3 In places where commercial or non-tobacco products, electronic cigarettes or refill containers are to be supplied to private individuals, clearly visible and legible should be indicated that persons younger than No tobacco products, electronic cigarettes or refill containers are provided for 18 years. Our Minister is able to lay down detailed rules and to prescribe a model.


Article 8a

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  • 1 Our Minister may ask the natural or legal person who provides non-tobacco products, electronic cigarettes or refill containers to private persons and who, in a period of 12 months, provides three times Article 8, first paragraph , has broken, denied the power to sell tobacco products, electronic cigarettes or refill containers from the location where such conduct has taken place.

  • 2 The disqualification shall be imposed for at least one week and no more than 12 weeks.

  • 3 Our Minister is empowered to impose a charge under administrative coercion in order to maintain a denial imposed under this Article.


Article 9

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  • 1 It is prohibited to issue, to transmit or to make available in any other way, commercial tobacco products, electronic cigarettes or refill containers, free of charge to individuals.

  • 2 It is prohibited to supply or to supply non-cigarettes to private persons or with that purpose other than in a sealed package, which cannot be opened without obvious damage.

  • 3 In the case of a general measure of management, methods for the placing on the market of tobacco products, electronic cigarettes or refill containers without any intervention by a supplying person may be prohibited. The prohibition may be subject to restrictions in the case of a general measure of administration.


Article 9a

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  • 1 In the case of, or under general management, domestic sales at a distance or cross-border distance selling of tobacco products, electronic cigarettes and refill containers shall be prohibited or are being imposed on consumers.

  • 2 The requirements referred to in paragraph 1 may at least cover:

    • (a) to register retail outlets providing cross-border distance sales to consumers;

    • (b) make public the registered retailers;

    • (c) designating a natural person responsible for verifying that the tobacco products, electronic cigarettes or refill containers satisfy the requirements of or pursuant to this Law;

    • d. handling of an age verification system; or

    • e. limiting the possibilities for retailers to process personal data of consumers.

  • 3 It is prohibited to perform cross-border sales of tobacco products, electronic cigarettes and refill containers from the Netherlands to consumers in European Economic Area States where such cross-border sales are Remote sales are prohibited.


§ 5. Non-smoking

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Article 10

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  • 1 In the following cases, the following person or institution is required to set, identify and maintain a smoking ban:

    • a. In a building or establishment, that is, in the case of the State or other public body, in use: the body competent within that body;

    • b. in a building or establishment, that is, in use with an institution or association for health care, welfare, social services, arts and culture, sport, social-cultural work or education: the one who-other than in a capacity referred to in point (a) of that building, or that establishment has management;

    • c. In a space, building or establishment where an employee carries on or engaes his work: the employer of that employee;

    • In other buildings or parts of buildings to be identified by general measure of management: those who, other than in a capacity as referred to in point (a) or (b), have management of the building or parts thereof, other than those of a building or parts thereof of which;

    • e. in a hospitality establishment: the operator of that hospitality and catering establishment;

    • f. in a means of passenger transport: the entrepreneur who operates that means;

    • g. in an aeroplane during use in civil aviation on flights to and from airports located in Dutch territory: the Dutch entrepreneur who operates that aircraft.

  • 2 The smoking ban referred to in paragraph 1 may be restricted by a general measure of administration, including, inter alia, that the smoking ban does not apply to the following:

    • a. categories of economic operators;

    • b. premises in buildings;

    • c. Other places where work is carried out.

    In so doing, detailed rules may be laid down.

  • 3 The obligation referred to in point (e) of the first paragraph shall prevail as the status of the operator of a catering establishment coincising with a different quality as referred to in this Article.

  • 4 Until the measures adopted under the second paragraph are taken, the persons or bodies designated by that general measure of management shall be obliged to take the measures required by that general measure.


Article 11 [ Expired by 01-01-2015]

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Article 11a [ Expat per 01-01-2015]

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§ 6. Administrative penalties

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Article 11b

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  • 2 The amount of the administrative fine shall be determined in the manner provided for in the Annex , except that the sum of money to be paid for a separate infringement shall not exceed:

    • a.-450 000 for non-infringement of Article 5 or 5a , if that infringement is committed by a manufacturer, wholesale or importer of tobacco products, electronic cigarettes or refill containers;

    • b. an amount equal to a fine of the fourth category as referred to in Article 4 (1) of the EC Treaty. Article 23 (4) of the Code of Criminal Law -for an infringement of the provisions of, or under the conditions of Articles 8 or 10 ;

    • c. € 4,500 shall be in cases other than those referred to in points (a) and (b).

  • 3 By way of derogation from the first member, the infringement cannot be cancelled with an administrative penalty if the offence is Annex The administrative fine provided for in respect of the offence is significantly exceeded by the economic advantage gained by the infringement.


Article 11c

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  • 1 The Annex shall determine the amount of the administrative penalty to be imposed in respect of each infringement specified therein.

  • 2 In the case of a general measure of administration, the Annex shall be changed.

  • 3 A general measure of directors adopted under paragraph 2 shall not enter into force earlier than eight weeks after the date of issuance of the Official Gazette, in which he is placed. Notice of the placement shall be communicated without delay to the two Chambers of the States-General.

  • 4 A general measure of administration as referred to in paragraph 2 shall be adopted on the proposal of Our Minister, in agreement with our Minister of Justice.


Article 11d [ Expired by 01-07-2009]

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Article 11th [ Expated by 01-07-2009]

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Article 11f [ Expired by 01-07-2009]

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Article 11g [ Expired by 01-07-2009]

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Article 11h [ Expat per 01-07-2009]

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Article 11i [ Exchanges by date 01-07-2009]

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Article 11j [ Expired by 01-07-2009]

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§ 7. Further provisions

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Article 12

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The nomination for a general measure of management under Article 2, second paragraph , Article 7 , Article 9 (3) , and Article 10 , shall not be done earlier than four weeks after presentation of the draft to the two Chambers of the States General.


Article 13

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  • 1 With the supervision of compliance with or under this law, the officials appointed by the decision of Our Minister shall be responsible.

  • 2 Of a decision referred to in paragraph 1 shall be communicated by means of a decision of the Official Gazette .


Article 14

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Supervisors are empowered to impose a burden under administrative coercion in the interests of public health and the safety of individuals in order to maintain the Article 3, second paragraph and 17a, first and second members .


Article 15

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Of each Article 5:18 of the General Administrative Law the case examined shall be paid to the party concerned at the request of the person concerned, to the extent of the amount by which its sales value has been reduced as a result of the investigation.


Article 16 [ Expired by 01-01-1998]

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Article 17

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The supervisors are empowered to enter a dwelling without the permission of the resident, with a view to taking the necessary equipment, to the extent that this is limited to entering and entering the dwelling place. business premises.


Article 17a

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  • 1 Where producers, importers and distributors of tobacco products and related products have reason to believe that tobacco products or related products intended to be placed on the market or placed on the market are they shall immediately take the necessary measures to bring the product into conformity with the requirements laid down in or pursuant to this Law or to market the product, if they are not in accordance with the provisions of this Act. or to recall, as the case may be.

  • 2 If a situation as referred to in the first paragraph arises, the producer, importer or distributor shall immediately inform our Minister, giving details of the situation. The details shall cover, in each case, the risk to human health and safety and, where appropriate, corrective measures taken and the results thereof.

  • 3 If our Minister finds or fears that a specific electronic cigarette or a specific refill package, or a specific type of electronic cigarette or any particular type of refill pack complying with the requirements, is likely to be feared by our Minister in the case of or under this law, could constitute a serious risk to human health, it may adopt appropriate provisional measures under a ministerial arrangement.

  • 4 By ministerial arrangement, certain categories of tobacco products or related products that meet the requirements of or under this Act may be prohibited if justified by the need to ensure public health. protect.


Article 18

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In the interests of public health, provision should also be made for a general measure of administration to implement binding rules on tobacco products and related products, which are governed by the Treaty establishing the European Community. Community has come into being.


Article 19

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  • 1 The costs to be charged to the person for whom work is carried out may be borne by the costs associated with the inspections, checks, checks, assessments or receipt, processing or processing required by this Law, analysis, storage and publication of data and documents supplied by or pursuant to this Act.

  • 2 The amounts for reimbursement of the costs referred to in paragraph 1 shall be determined by ministerial arrangement.


Article 19a

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  • 1 Tobacco products which do not comply with the tobacco products Directive and which were produced or released for free circulation before 20 May 2016 and labelled in accordance with Directive 2001 /37/EC of the European Parliament and of the Council of 5 July 2016 on the protection of the tobacco products and products thereof June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the production, presentation and sale of tobacco products (PbEG 2001, L 194), as amended and the text read on 3 April 2001 2014 may be placed on the market until 20 May 2017.

  • 2 herbal products intended for smoking which do not comply with the tobacco products Directive and which have been produced or released for free circulation before 20 May 2016 may be placed on the market until 20 May 2017.


Article 20

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Article 21

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This law is cited as: Tobacco and smoke commodities law.


Article 22

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The articles of this Law shall enter into force on a date to be determined by royal decree, which may be made different for the various articles or parts of such articles.

Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued in Gravenhage, 10 March 1988

Beatrix

The Secretary of State for Welfare, Health and Culture,

D. J. D. Dees

The Secretary of State for Economic Affairs,

A. J. Evenhouse

Published on the 28th July 1988

The Minister of Justice,

F. Korthals Altes


Annex

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Annex as intended: Article 11b on administrative penalties, comprising the charges for offences referred to in Article 11b, first paragraph.

The offences are divided into four categories.


Category A

Category A covers infringements of the provisions of: or pursuant to:

Infringements belonging to category A are punishable by administrative fine of € 450. This amount shall be increased to:

  • -€ 1,350 if the natural person or the legal person to whom the offence may be allocated for a similar offence has previously been fined and has not been for two years since that previous administrative fine has been irrevocable has become;

  • -€ 2,250 if, within three years of becoming irrevocable, the administrative penalty for the first infringement is committed for a similar infringement for the third time; and

  • -€ 4,500 if, within five years of becoming irrevocable of the administrative penalty for the first offence, a similar infringement shall be committed for the fourth time.


Category B

Infringements by manufacturers, wholesalers and importers of tobacco products of the provisions of category B are covered by the following:

Infringements belonging to category B shall be penalised by a administrative penalty of € 45,000. This amount shall be increased to:

  • -135,000 if the natural person or the legal person to whom the offence is attributable to a similar offence has previously been fined and has not been due for two years since that previous administrative fine has become irrevocable;

  • -225.000 if within three years of the administrative penalty for the first offence, a similar infringement is committed for the third time; and

  • -$450,000 if within five years of becoming irrevocable of the administrative penalty for the first offence, a similar offence is committed for the fourth time.


Category C

Under Category C, infringements of the provisions of the Article 8, first paragraph .

Infringements of the provisions of the Article 8, first paragraph , shall be penalised by an administrative penalty of € 1.360 where the offence was committed by a natural or legal person who had less than 50 employees on the day on which the offence was committed. This amount shall be increased to:

  • -€ 2.040 if the natural person or the legal person to whom the offence may be allocated for a similar offence has been fined previously and has not been due for 12 months since that previous administrative fine has become irrevocable;

  • -€ 2,720 if, within 12 months of the irrevocable penalty for the first infringement, a similar infringement is committed for the third time; and

  • -€ 4,500 if, within five years of becoming irrevocable of the administrative penalty for the first offence, a similar infringement shall be committed for the fourth time.

Infringements of the provisions of the Article 8, first paragraph , who are committed by a natural or legal person who, on the date on which the offence was committed, counted 50 employees or more, shall be punished by an administrative penalty of € 2,720. This amount shall be increased to:

  • -€ 4.080 if the natural person or the legal person to whom the offence may be allocated for a similar offence has previously been fined and no 12 months have expired since that earlier administrative penalty has become irrevocable;

  • -$5,440 if, within 12 months of becoming irrevocable, the administrative penalty for the first infringement is committed, a similar infringement is committed for the third time; and

  • -€ 9,000 if, within five years of becoming irrevocable of the administrative penalty for the first offence, a similar infringement is committed for the fourth time.


Category D

Category D infringements of the provisions of, or pursuant to Article 10, first and second paragraphs .

Infringements of the provisions of, or pursuant to Article 10, first or second paragraph , are punished by an administrative fine of € 600. This amount shall be increased to:

  • -1200 if the natural person or the legal person to whom the offence is attributable to a similar offence has previously been fined and has not expired two years since that previous administrative fine has been irrevocable has become;

  • -€ 2,400 if, within three years of becoming irrevocable, a similar infringement is committed for the third time for the first infringement; and

  • -€ 4,500 if, within five years of becoming irrevocable of the administrative penalty for the first offence, a similar infringement shall be committed for the fourth time.