We expected at any time at the start of 2016, the time has come and the fight continues. The Law on the modernization of our health system n ° 2016-41 of January 26, 2016 was therefore promulgated by the President of the Republic. It now opens the way to transposition of the European Tobacco Directive which can be done by order upon decision of the government.
AND AFTER ? VAPOTAGE IN PUBLIC PLACES? PROHIBITION OF ADVERTISING?
For the promulgation of the transposition of the tobacco directive, the government gives itself an application deadline of 12 months is 1 year. According to 23 article prohibitions on direct or indirect advertising and propaganda for the e-cigarette will apply the 20 Mai 2016 that is to say very soon. Regarding the use of e-cigarettes in public places, 28 article provides that a council of state must set the conditions for its application by decree. Finally, 24 article provides that as of today, a person issuing an electronic vaping device or e-liquids must ascertain the majority of the person by requiring proof.
RETURN ON THE ARTICLES OF THE HEALTH LAW THAT CONCERN THE VAPOTEURS
Item L3511-3 Modified
by article 23 of LAW n ° 2016-41 of January 26, 2016
Propaganda or advertising, direct or indirect, in favor of tobacco, tobacco products, ingredients defined in the second paragraph of Article L. 3511-1, electronic vaping devices and associated refill bottles , as well as any free distribution or sale of a tobacco product at a price lower than that mentioned in article 572 of the general tax code are prohibited. These provisions do not apply to signs in tobacco stores, provided that these signs comply with characteristics defined by interministerial decree.
They don't apply either :
1° To publications and online communication services published by professional organizations of producers, manufacturers and distributors of tobacco products, reserved for their members, nor to specialized professional publications whose list is established by ministerial decree signed by the ministers responsible for health and communication; nor to professionally published online communication services which are only accessible to professionals in the production, manufacture and distribution of tobacco products;
2° To printed and edited publications and to online communication services made available to the public by persons established in a country outside the European Union or the European Economic Area, where such publications and online communication services are not primarily intended for the Community market.
3° The posters relating to electronic vaping devices and the refill bottles associated with them, placed inside establishments marketing them and not visible from the outside.
Any sponsorship or patronage operation is prohibited when carried out by manufacturers, importers or distributors of tobacco products or when its object or effect is propaganda or direct or indirect advertising in favor of tobacco, tobacco products, ingredients defined in the second paragraph of article L. 3511-1, electronic vaping devices or refill bottles associated with them.
Item L3511-2-1 Modified
by article 24 of LAW n ° 2016-41 of January 26, 2016
It is forbidden to sell or offer, free of charge, in tobacconists and all shops or public places, to minors under eighteen years old:
1° Tobacco products or ingredients defined in the second paragraph of article L. 3511-1;
2° Electronic vaping devices or refill bottles associated therewith.
The person who issues one of these products requires the client to prove his or her majority.
Article L3511-7
It is forbidden to smoke in places assigned to collective use, in particular school use, and in public transport, except in places expressly reserved for smokers. A decree in the Council of State sets the conditions for the application of the preceding paragraph.
Article L3511-7-1. creates
by article 23 of LAW n ° 2016-41 of January 26, 2016
It is forbidden to vapote in :
1° Schools and establishments intended for the reception, training and accommodation of minors;
2° Closed public transport;
3° Workplaces closed and covered for collective use.
“A decree in the Council of State sets the conditions for the application of this article. "
Article 216 (LAW 2016-41 26 January 2016)
I. - Under the conditions provided for in article 38 of the Constitution, the Government is authorized to take by ordinance the measures falling within the field of the law which aim to transpose the directives mentioned below:
1° Within twelve months of the promulgation of this law, Directive 2014/40 / EU of the European Parliament and of the Council of April 3, 2014 on the approximation of the laws, regulations and administrative provisions of the Member States in matters of manufacturing , presentation and sale of tobacco and related products, and repealing Directive 2001/37 / EC and, where appropriate, the measures necessary for the implementation of delegated acts and implementing acts provided for by same directive
Source : Legifrance – (Synthesis of compilation of articles by Sayyadina)
