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Decision of 14 October 2015 merging the general measures of the Board on the basis of the Tobacco Act to one Decision (Decision implementing Tobacco Law)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
On the nomination of the Secretary of State for Health, Welfare and Sport, from 7 July 2015, attribute 767940-136602-WJZ;
Having regard to the Articles 2, first and second members , 3d , 7, first and second members , 9, fourth member and 10, 1st and 2nd member, of the Tobacco Act ;
Having regard to Directive 2015/1139 /EU amending Directive 2012/9 /EU as regards the date of transposition and the final date of the transitional period (PbEU 2015, L 185);
Hearing the Council of State's opinion (opinion of 26 August 2015, No W13.15.0233/III);
Having regard to the further report of the State Secretary for Health, Welfare and Sport of 9 October 2015, No 767933-136602-WJZ,
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
cigarillos: a small cigar type weighing not more than three grams per piece,
Combined health warning: a health warning consisting of a combination of a warning text and a corresponding photograph or illustration, as determined by or under this Decision;
health warning: a warning of adverse effects on human health of a product or on other undesirable effects of its consumption, including warning texts, combined health warnings, general Warnings and informational messages, as determined by or under this Decision;
age verification system: an information processing system which, in accordance with or in accordance with the provisions of this Decision, confirms the age of the consumer by electronic means;
new tobacco product: A tobacco product which:
a. does not fall within one of the following categories: cigarette, roll-roll tobacco, pipe tobacco, waterpipe tobacco, cigar, cigarillos, chewing tobacco, snuff tobacco, or oral tobacco; and
(b) be placed on the market after 19 May 2014;
smokeless tobacco product: a tobacco product which is not consumed via a process of incineration, including chewing tobacco, snuff tobacco and tobacco for oral use;
Shagtobacco: tobacco that can be used by consumers or retailers for the making of cigarettes;
Cigarette: a tobacco roll that can be consumed through a process of combustion and:
a. It is suitable for smoking as such and is not a cigar or cigarillos; and
b) being slid into a shell of cigarette paper or encased with cigarette paper by means of a simple non-industrial act;
Snuff: a smoke-free tobacco product that can be consumed via the nose;
tobacco-intended tobacco product: a tobacco product other than a non-smokeless tobacco product;
Waterpipe tobacco: a tobacco product intended for smoking that can be consumed by means of a water pipe, not shag tobacco.
1 The maximum emission levels of a cigarette placed on the market or produced shall comply with the first paragraph of Article 3 of the Directive on Tobacco Products.
2 The maximum emission levels of shag tobacco shall be such that the level in a 750 mg sheiker does not exceed:
a. 12 mg tar;
b. 1.2 mg of nicotine; and
c. 12 mg of carbon monoxide.
3 In the case of ministerial arrangements, methods of research which are decisive for the purpose of determining whether or not a cigarette in respect of shag tobacco or a cigarette are fulfilled shall be determined.
4 By ministerial arrangement, other maximum emission levels for tobacco products may be established for the implementation of the provisions of the Directive on tobacco products or under the Tobacco Products Directive.
1 To carry out measurements and tests as referred to in Article 3c, first and second paragraphs, of the Tobacco and Smoke Law Act are authorized exclusively for the laboratories designated or approved as such by Our Minister.
2 At ministerial level, rules shall be laid down concerning the approval of laboratories as referred to in Article 2. Article 3c, second paragraph, of the Tobacco and Smoke Law Act .
3 Our Minister shares the list of approved laboratories with the European Commission. The European Commission shall make this list public.
4 Laboratories approved by the competent authorities of any other State of the European Economic Area for the purpose of checking measurements as referred to in Article 4 of the Tobacco Products Directive shall be treated as laboratories which have been designated or recognised under this Article.
Ministerial arrangements are being made to implement the Tobacco Products Directive with regard to the ingredients and presentation of tobacco products. In doing so, a distinction can be made between different types of tobacco products.
Ministerial arrangements shall require the design of an electronic cigarette and a refill pack and the ingredients of nicotine-containing liquids for the purpose of implementing the Tobacco Products Directive.
Ministerial arrangements are made to implement the Directive on Tobacco Products as regards the presentation, appearance and content of a packaging unit and an outer packaging of tobacco products. In doing so, a distinction can be made between different tobacco products.
1 A unit packet and an outside packaging of tobacco products intended for smoking shall include a general warning, an information message and a combined health warning.
2 The first paragraph shall not apply to a unit packet and the outer packaging of a cigar other than a cigarillos, if it was on the market immediately before 20 May 2016, notified to Our Minister before 20 May 2016 and the the outer packaging and packaging thereof shall contain a general warning and the warning text and a reference to the information on the cessation of smoking of a combined health warning.
3 By means of ministerial arrangements, detailed rules on the labelling of a unit packet and of an outer packaging of tobacco products for smoking, including for different types of smoking, are laid down in order to implement the Tobacco Products Directive. the use of tobacco products in respect of different requirements may be made with regard to the indications, the size and the position of the health warning.
4 In the case of ministerial arrangements, requirements are made of packaging units and an outer packaging of shagtobacco and a cigarette in respect of smell, taste and the intensity of smoke. In order to implement the provisions of the Tobacco Products Directive, these requirements may be declared applicable under ministerial arrangements to tobacco products other than cigarettes and roll-shaded tobacco.
Ministerial arrangements are made for the implementation of the Tobacco Products Directive with regard to indications on a unit packet and an outer packaging of a non-smokeless tobacco product, an electronic cigarette, a refill package and a herbal product intended for smoking.
1 It shall be prohibited to use a name, mark, symbol or any other distinguishing sign of an electronic cigarette or refill package for a tobacco product.
2 It shall be prohibited to use a name, mark, symbol or any other distinguishing sign of a tobacco product for an electronic cigarette or refill package.
1 Manufacturers and importers of tobacco products shall inform our Minister a reasonable period before the intended date of placing on the market in the Netherlands of a new or modified tobacco product.
2 In the case of ministerial arrangements, the information and particulars of the information and records shall be laid down in accordance with the requirements of the Directive for the implementation of the Directive on tobacco products.
1 Producers and importers of tobacco products supply to our Minister annual information and documents relating to the market for their products and, where appropriate, to market new products.
2 In the case of ministerial arrangements, the requirements for the implementation of the Directive on tobacco products shall be those of the particulars and documents which are to be supplied and the timing and manner in which they are to be implemented.
1 Producers and importers of cigarettes and roll tobacco containing an additive designated pursuant to Article 6, first paragraph, of the Tobacco Products Directive, carry out in-depth studies with regard to those additives and provide the Report to the European Commission and Our Minister.
2 In the case of ministerial arrangements, the implementation of the Tobacco Products Directive makes requirements for the in-depth studies, the report and the manner and timing of the report to our Minister and to the European Commission.
3 The report shall be assessed by a body or bodies to be designated by ministerial arrangement, in particular as regards comprehensibility, methodology and conclusions.
4 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) are exempted from the requirements of or pursuant to this Decision. Article if any other producer or importer has carried out the study and has produced a report on it and has been given it to the European Commission and Our Minister.
1 A template shall be established by means of a ministerial arrangement specifying the particulars and documents referred to in the Articles 4.1 , 4.2 and 4.3 shall be provided.
2 Our Minister gives the European Commission and the other States of the European Economic Area access to the data and documents intended in the Articles 4.1 , 4.2 and 4.3 .
1 Producers and importers of a novel tobacco product inform our Minister for six months before the intended date of the marketing of a new tobacco product in the Netherlands.
2 Under ministerial arrangements, the requirements for the implementation of the Tobacco Products Directive with regard to the particulars and documents provided in this notification shall be the provision of new or updated information and the arrangements for implementing the Directive for the purpose of implementing the Directive. on which to do so.
3 Our Minister may, in the interests of public health, require producers and importers of novel tobacco products to carry out tests, and to supply data and documents in addition to the particulars and documents referred to in paragraph 2.
4 Our Secretary of State shall give the European Commission access to the information and documents provided by or pursuant to this Article.
1 Producers and importers of an electronic cigarette or refill package will inform our Minister for six months before the intended date of placing on the market in the Netherlands a new or substantially modified electronic cigarette or cigarette. Refill packaging, in knowledge.
2 In the case of ministerial arrangements, the information and documentation required for this notification and the manner in which it is made shall be subject to the requirements of the Directive on the implementation of the Directive on tobacco products. A template shall be adopted by means of a ministerial arrangement.
1 Producers and importers of an electronic cigarette or refill package will provide our Minister with information and documentation on the market for their products on an annual basis.
2 In the case of ministerial arrangements, the requirements for the implementation of the Directive on tobacco products shall be those of the particulars and documents which are to be supplied and the manner and timing of such operations.
3 Our Minister shares the update or pursuant to this article and Article 4.6 information and documents received on request with the European Commission and the other States of the European Economic Area.
1 Producers and importers of a herbal product intended for smoking, propose to our Minister a reasonable period of time for the intended date of the marketing of a new or modified herbal product for smoking in the Netherlands, knowledge.
2 In the case of ministerial arrangements, the information and documentation required for this notification and the manner in which it is made shall be subject to the requirements of the Directive on the implementation of the Directive on tobacco products.
1 Our Minister shall bear in a manner to be determined by him, ensure disclosure of the particulars and documents which are provided by or under the Articles 4.1 , 4.3 , 4.4 , 4.6 and 4.8 . Producers and importers shall provide this information and documents in the Dutch language.
2 Producers and importers of tobacco products and related products shall, when providing the particulars and documents referred to in the first paragraph, specify the information they view as business secret.
3 Our Minister can take account of Article 3b, third paragraph, second sentence, of the Tobacco and Smoke Law Act , decide on the particulars and documents of which producers or importers have indicated that they consider them as business secret, to make public.
The prohibition of business provision of tobacco products to individuals for the institutions, services and businesses managed by the State or other public bodies, intended Article 7, 1st paragraph, of the Tobacco Act shall not apply in judicial systems as specified in:
As categories of devices referred to in Article 7, second paragraph, of the Tobacco Act With the exception of nursing homes, rehabilitation centres, psychiatric hospitals, mental health facilities, family replacement homes for the disabled and care homes:
a. providing institutions in which care is provided as intended in the Quality Act Care Institutions ;
b. establishments providing services in the field of social support as referred to in Article 1.1.1, first paragraph, of the Social Support Act 2015 ;
c. Sports facilities;
d. Buildings and establishments of certified institutions as intended Article 1.1 of the Youth Act , buildings and establishments of youth aid providers as referred to in Article 1.1 of the Youth Act, as well as buildings of judicial youth organisations as referred to in Article 1.1 of the Youth Act, Article 1 (b) of the PrincipLaw of the Judicial Youth which are not managed by the State or public entities;
e. public and special educational institutions, as referred to in:
1 It shall be prohibited to supply non-tobacco products to private persons through a tobacco machine.
2 The prohibition laid down in paragraph 1 shall not apply where the supply of tobacco products is effected through a tobacco dispenser which is locked by default and can only be unlocked for the purpose of carrying out a sale transaction. of persons aged 18 years or older.
1 Tobacco machines are not located in the outside air.
2 Tobacco machines are located in the face of the person whose account and risk is the machine or of his staff or of the operator of the device where the machine is located or of its staff.
1 A retail outlet does not offer a tobacco product, electronic cigarette or refill package for remote cross-border sale to a consumer in a state of the European Economic Area, unless the retail outlet has joined Our Minister has been registered and received confirmation of this registration.
2 Under ministerial arrangements, rules shall be laid down as regards the method of recording and the particulars and documents to be supplied.
3 Our Minister makes the list of registered retailers public.
1 A detailed list based on Article 5.5 is registered and cross-border sales of a tobacco product, electronic cigarette or refill package to a State of the European Economic Area are used, operate an age verification system which is at the time of the sales shall establish that the consumer complies with the minimum age requirements of the State in which the consumer is present.
2 A retail list that offers a tobacco product, electronic cigarette or refill packaging for domestic remote sales applies an age verification system that at the time of sale determines that consumers are aged 18. has been reached.
3 In the case of ministerial arrangements, detailed rules for the age verification system shall be laid down.
1 In addition to Article 8 of the Personal Data Protection Act processes a detailed list based on Article 5.5 the personal data of a consumer who purchases a tobacco product, electronic cigarette or refill package with him are only for the benefit of actual sales.
2 In addition to Article 8 of the Personal Data Protection Act creates a detail list based on Article 5.5 registered is the personal data of a consumer who buys with him a tobacco product, electronic cigarette or refill packaging, not known to the product manufacturer, to companies that are part of the same group of companies as the producer or other third parties.
3 The second paragraph shall also apply if the detailed list is part of a producer of a tobacco product, electronic cigarette or refill package.
A detailed list based on Article 5.5 registered and cross-border sales of a tobacco product, electronic cigarette or refill package to a State of the European Economic Area, where a person of course responsible is obliged to verify that the tobacco product, electronic cigarette or refill package complies with the requirements applicable in the Member State of destination, is required to establish a natural person responsible for this purpose.
The person who-other than in a capacity as referred to in Article 10, first paragraph, parts a or b of the Tobacco Act -the management of any of the following buildings or premises is required to introduce, identify and maintain a smoking ban:
-covered shopping centre;
-event hall;
-convention center;
-airport;
-confined space intended for passengers using means of passenger transport.
1 The obligation, for the purpose of Article 10, first paragraph, of the Tobacco Act and in Article 6.1 of this Decision, shall not apply:
a. In spaces where privacy may not be infringed;
b. In lockable, for smoking tobacco products, designated and designated as such;
c. In the open air.
2 In a space referred to in paragraph 1 (b), no work shall be carried out during the use of this room for smoking tobacco products.
If more than one space, belonging to one of the categories of waiting areas, canteens, recreation or similar spaces is present in an institution for mental health care, parental care, disability care or social care. The competent institution shall decide not to exclude half of this number of areas of the smoking ban by category up to half the number of such spaces.
For tobacco products, electronic cigarettes and refill containers and herbal products intended for smoking that are or are placed on the market before 20 November 2016, the products shall be Articles 4.1 , 4.5 , 4.6 and 4.8 shall provide information and documents to our Minister by 20 November 2016 at the latest.
Under ministerial arrangement, with regard to tobacco products for smoking, until 20 May 2019, other rules on the position of the combined health warning and brand names and logos related to the position of the excise seal, intended in the Excise duty law , where different tobacco products for smoking can be subject to different rules.
An amendment to the Tobacco Products Directive and acts adopted in implementation of the Tobacco Products Directive shall apply to the application of this Decision as from the day on which the relevant amendment of the Tobacco Products Directive or Directive is adopted. Decisions adopted in implementation of the Directive on tobacco products must be adopted unless a ministerial decision, published in the Official Journal, provides for a different point of time.
Tobacco products produced before 20 May 2016 and complying with the Tobacco Products Decision as which was allowed to be sold on 27 March 2014 until 20 May 2017.
This Decision is cited as: Tobacco and Smoke Order Act.
This Decision shall enter into force on a date to be determined by Royal Decree.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
Wassenaar, 14 October 2015
William-Alexander
The Secretary of State for Health, Welfare and Sport,
M.J. van Rijn
Issued on the 5th of November 2015The Minister for Security and Justice,
G.A. van der Steur
