G/TBT/N/DEU/14/Rev.1  
17 July 2020  
(20-4920) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  NOTIFICATION  
Revision  
The following notification is being circulated in accordance with Article 10.6.  
 
1. Notifying Member:  GERMANY  
If applicable, name of local government involved (Articles 3.2 and 7.2):   
2. Agency responsible:   
Federal Ministry of Food and Agriculture  
Unit 223  
Wilhelmstraße 54, 10117 Berlin, Germany  
0049 (0)30 18529 – 0 
0049 (0)18529 4262  
poststelle@bmel.bund.de  
http://www.bm el.bund.de  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:    
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :   
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading.  ICS numbers may be provided in addition, where applicable):  Tobacco 
and manufactured tobacco substi tutes 0424 -2012E  
5. Title, number of pages and language(s) of the notified document:  Draft Act 
amending the Tobacco Products Act - Entwurf eines Zweiten Gesetzes zur Änderung des 
Tabakerzeugnisgesetzes  (20 page(s), in German)  
6. Description of content:  Directive  2014/40/EU of the European Parliament and of the 
Council of 3  April 2014 on the approximation of the laws, regulations and administrative 
provisions of the Member States concerning the manufacture, presentation and sale of 
tobacco and related prod ucts and repealing Directive  2001/37/EC obligates Member States 
to adopt legislation by 20  May 2016 that is necessary in order to transpose 
Directive  2014/40/EU. Directive  2014/40/EU shall be transposed by the Tobacco Products 
Act in combination with the T obacco Products Ordinance into German law. In addition to 
the stipulations under the directive, nicotine -free electronic cigarettes and refill containers 
are also to be regulated by equating them with products which contain nicotine if this is 
necessary in  order to protect consumers from adverse health effects. In doing so, 
provisions on ingredients, labelling, reporting, safety and advertising will be applied to 
nicotine -free electronic cigarettes and refill containers.  
Furthermore, provision is to be made  for additional bans on advertising in relation to 
tobacco products, electronic cigarettes and refill containers. The provisions encompass a 
ban on outdoor advertising, a ban on selling and displaying free of charge as well as 
restrictions on advertising i n cinemas.  G/TBT/N/DEU/14/Rev.1  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  The German Institute for Risk Assessment (BfR) and the German Cancer 
Research Institute come to the conclusion that regardless of their content of nicotine, 
nicotine -free electronic cigarettes and refill containers contain substances that are harmful 
to human health. The attendant health risks posed by these products follow from inhaling 
an aerosol which, regardless of the nicotine, contains substances that are harmful to 
health. Both the aforementioned institute and centre state that carbonyl compounds, 
including formaldehyde, acrolein and acetaldehyde, originate when consuming both 
electronic cigarettes containing nicotine and those which are nicotine -free. Carbonyl 
compounds and acetaldehyde are suspected of causing cancer. The Federal Government 
estimat es that bans on outdoor advertising and the continuing restriction on advertising in 
cinemas, as well as a ban on provision free of charge, combined with the advertising bans 
which are already in force, are an effective way of bringing about a further redu ction in the 
smoking rate. ; Protection of human health or safety   
8. Relevant documents:  https://dip21.bundest ag.de/dip21/btd/19/194/1919495.pdf  
9. Proposed date of adoption:  October 2020  
Proposed date of entry into force:  January 2021  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone or fax 
numbers  and email and website address es, if available , of other body:   
Federal Ministry of Food and Agriculture  
Unit 223  
Wilhelmstraße 54  
10117 Berlin, Germany  
+49 (0)30 18529 -0 
+49 (0)18529 -4262 
E-Mail: 223@bmel.bund.de  
https://dip21.bundestag.de/dip21/btd/19/194/1919495.pdf