Spain Approves New Law to Regulate Vape Sales, Forcing Vape Shops to Close Within 5 Years

Spain e-cigarette law

Government Aims to Align E-Cigarette Standards with Conventional Tobacco Products

The Spanish government has approved a new draft law that will regulate the sale of electronic cigarettes, forcing vape shops to close within five years. Under the new legislation, tobacconists will become the only outlets permitted to sell e-cigarette products.

The primary objective of the law is to bring e-cigarette standards in line with those of conventional tobacco products. It will address quality control, advertising, and measures to prevent online sales and availability to children.

The government states that the new law will guarantee the safety of consumers by ensuring that only approved products are sold. It will also bring Spain into compliance with European regulations regarding e-cigarette sales and crack down on any illegal sales of e-cigarette materials.

The draft law now requires approval from Congress before it can be officially enacted.

Further Restrictions

In addition to the new law, the Spanish Ministry of Health is considering further restrictions on the sale and distribution of e-cigarettes. Led by Carolina Darias, the ministry expresses concern about the sale of these devices, particularly the insufficient methods for preventing access to minors through online sales.

The ministry is exploring the possibility of banning online sales of vaping products and limiting sales to specialized tobacco shops. They aim to reformulate the local anti-smoking legislation to include the use of e-cigarettes, citing “harmful short-term effects.”

Proposed E-Liquid Tax

Last year, Spain’s Ministry of Finance proposed tightening the tobacco regulatory framework to align with WHO and EU TPD standards. The National Committee for the Prevention of Smoking (CNPT) prepared a report for the Ministry of Health suggesting an excise duty based on both the volume of e-liquid and nicotine content.

The proposed tax would impose a general e-liquid tax at the EU average rate of €0.15 per ml, with an additional element for nicotine content at €0.006 per mg. The CNPT estimates that the Spanish government could collect €35 million in annual revenue from this tax.

ECigIntelligence highlights that if the Spanish government agrees to the tax, it would deeply impact the local vape industry. The agency believes that the Ministry of Health and the Ministry of Finance are currently discussing the CNPT’s proposal internally.

IEVA Calls for Reconsideration of Draft Bill

The Independent European Vape Alliance (IEVA) has called on the Spanish government, medical authorities, autonomous communities, and consultative bodies to critically reconsider the draft bill, which they believe threatens to end the independent vaping sector in Spain and give the entire electronic cigarette business to big tobacco companies.

IEVA argues that the proposed measures go against free competition in the EU, freedom of movement of goods in the internal market, and will generate severe unemployment during an emerging economic crisis. They also warn that the bill will have a devastating effect on the fight against smoking in Spain by depriving vapers of personalized access to vaping products and forcing them to purchase these products at tobacco shops.

Matthew Ma
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