The Royal Decree prepared by the Ministry of Health headed by Mónica García continues to generate controversy in Brussels. After publishing this newspaper exclusively that the head of Health works with two opposite versions of the same text – one of them sent to the European Commission in which the sale of nicotine bags and another that eliminates the most controversial restrictions is severely restricted – now It is the Romania government that directly raises the voice and prepares a strong official appeal against the last occurrence of the Minister of Sumar.
Specifically, Bucharest denounces that the proposal promoted by the head of Health violates the principle of free circulation of goods, enshrined in article 34 of the Treaty of Operation of the European Union (TFUE)to the extent that it limits the content of nicotine bags to 0.99 mg per unit. This would de facto, de facto, a covert prohibition.
“Imposing such a low threshold equals an indirect prohibition”points out the Romanian government, which points out that Garcia’s proposal “Thus creates significant barriers to trade and violates the principle of mutual recognition included in Regulation 2019/515”. Such circumstance also worries other governments where the maximum limits are 20 mg per nicotine bag, as is the case of Sweden, Czech, Denmark, Hungary, Germany, Finland, Austria or Slovakia.
Romanian authorities also criticize that Spain has not presented any solid justification that supports this limitation. “Not enough public health tests have been presented that support this modification, no less restrictive options such as those that have been implemented in our country have not been evaluated to eliminate the risk of sale to minors …”, the resource points out. It should be remembered that The CNMC published a very hard report in which it endorsed this critical look at García’s draft and pointed out the lack of empirical evidence in the Minister’s plan.
The veto to flavors other than tobacco in electronic cigarettes is another of the most criticized points: “Spain cannot go beyond what is allowed by the TPD directive, and has not contributed sufficient evidence to justify this prohibition,” says the letter. In parallel, it is denounced that the proposal of the Ministry of Health Extend prohibitions to products that are not even covered by the EU harmonized regulationscase of electronic cigarettes without nicotine or herbal products to heat, imposing disproportionate labeling obligations, as well as sanitary warnings and graphic design restrictions that would prevent the use of logos and marks.
Romania considers that these measures not only affect competition and free enterprise, but They could also favor illegal trade, reduce tax revenues and “undermine public health protection.” Likewise, the lack of an adequate transitory period is denounced, contravening European jurisprudence. Products such as nicotine or herbal sachets to heat would have to immediately comply with the new standards, without adaptation margin. For other products, such as electronic cigarettes, a 10 -month margin is expected, insufficient to redesign containers, reformulate ingredients or adapt production lines.
The Romanian complaint, to which it has had free market access, concludes by warning that the Spanish decree violates not only the TFUE and the TPD directive, but also The EU Charter of Fundamental Rights —For limit the freedom of business and property rights – and THE AGREEMENT ON THE ADPIC OF THE WTOby preventing the use of brands without a clear legal basis.
Italy also moves card … and it’s not the only one
Community sources consulted by Digital Libertad confirm that Italy is already finalizing an official response very similar to that of Romaniawhich will be presented in the next few days. In addition, other Member States also study to present allegations against the Decree of Health, considering that it violates community law and harms their exports.
The list of countries where the legislation applicable to nicotine bags is diametrically opposed to what García proposes is longsince the draft “A” of the Decree of Health contravene the good regulatory practices of other Member States of the Union, such as Sweden, Czech, Denmark, Hungary, Germany, Finland, Finland, Austria or Slovakia.
This growing European rejection Weakens the position of Mónica García and threatens to leave the coalition government evidence. Government sources recognize this newspaper that the PSOE does not share the fund or the way in which the Minister of Add is managing this matter, which opens a new gap among the executive members. In fact, although the president of the Government, Pedro Sánchez, has been maneuvering to present Spain as a partner committed to the plans of the European Commission for the Single Market, Garcia’s procedure acts in the opposite direction and leaves our country in a delicate situation.
