G/TBT/N/GBR/79  
2 April 2024 
(24-2777) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED KINGDOM  
If applicable, name of local government involved (Article 3.2 and 7.2):  Scottish 
Government  
2. Agency responsible:   
Producer Responsibility Division, Directorate for Environment and Forestry  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the no tification shall be indicated if different from above:   
UK TBT Enquiry Point  
Trade Policy, Implementation and Negotiations  
Department for Business and Trade  
Old Admiralty Building  
London  
SW1A 2DY  
tbtenquiriesuk@businessandtrade.gov.uk  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  HS 24.04 
Products containing tobacco, reconstituted tobacco, nicotine, or tobacco or nicotine 
substitutes, intended for inh alation without combustion; other nicotine containing 
products intended for the intake of nicotine into the human body – products intended for 
inhalation without combustion.  
• Nicotine -containing disposable electronic cigarettes (HS 2404.12 - Other, 
containing nicotine)  
• Non-nicotine containing disposable electronic cigarettes (HS 2404.19 – Other)  
5. Title, number of pages and language(s) of the notified document:  The 
Environmental Protection (Single -use Vapes) (Scotland) Regulations 2024; (7 page(s),  in 
English)  
6. Description of content:  These regulations will apply to all businesses that operate in 
Scotland.  
These regulations will introduce a ban on the sale and supply of:  
• single -use electronic cigarettes that are not rechargeable, not refillable o r are 
neither rechargeable nor refillable  
• single -use electronic cigarettes retaining both nicotine containing e -liquid and 
non-nicotine containing e -liquid  G/TBT/N/GBR/79  
 
- 2 - 
 
  The restriction will not apply to:  
• devices that are both:  
• (1) refillable by means of a single -use container which is separately available and 
can be replaced, or a container which can be refilled, and  
• (2) rechargeable by means of a battery which can be recharged, and a coil which 
is intended to be replaced by an individual user in the normal  course of use and 
is separately available.  
Breach of these prohibitions will be an offence under the regulations. The regulations 
confer powers on enforcement authorities to investigate offences under the regulations, 
which may then be referred for crimin al prosecution.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  The proposed regulations prohibit or restrict the supply of single -use vaping 
devices on the grounds that they cause harm to the environment.  
While dispo sable vape parts can be recycled, there is not currently sufficient infrastructure 
to deal with the surge in volume of disposable vape purchases through recycling routes. 
When disposed of incorrectly, disposable vapes introduce plastic, nicotine salts, hea vy 
metals, lead, mercury and flammable lithium -ion batteries into the natural environment, 
contaminating waterways and soil, posing a risk to the environment and animal health.  
Reusable vapes are a readily available alternative to single -use vapes and have a much 
longer lifespan. Legislation is needed to move from a disposable product to a reusable 
one that limits the impact on the environment. The proposed restrictions align with this 
ambition by phasing out single -use items and encouraging the adoptio n of reusable 
alternatives.; Protection of the environment  
8. Relevant documents:   
Creating a smokefree generation and tackling youth vaping - GOV.UK (www.gov.uk)  
Stopping the start: our new plan to create a smokefree generation - GOV.UK 
(www.gov.uk)  
Partial Business and Reg ulatory Impact Assessment - GOV.SCOT  
9. Proposed date of adoption:  30 September 2024  
Proposed date of entry into force:  1 April 2025  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
UK TBT Enquiry Point  
Trade Policy, Implementation and Negotiations  
Department for Business and Trade  
Old Admiralty Building  
London  
SW1A 2DY  
tbtenquiriesuk@businessandtrade.gov.uk  
https://members.wto.org/crnattachments/2024/TBT/GBR/24_02344_00_e.pdf  
https://members.wto.org/crnattachments/2024/TBT/GBR/24_02344_01_e.pdf