G/TBT/N/DEU/14  
 
19 February 2016  
(16-1030)  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: GERMANY 
If applicable, name of local government involved (Article 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 E-mail: 223@bmel.bund.de   
Website: http://www.bmel.bund.de  
Name and address (including telephon e 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 applic able, otherwise national tariff heading. 
ICS numbers may be provided in  addition, wher e applicable): Tobacco and 
manufactured tobacco substitutes 0424-2012E 
5. Title, number of pages and langua ge(s) of the notified document: Draft Act amending 
the Tobacco Products Act (18 pages, in English)  
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 products 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 Tobacco 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 in cinemas. G/TBT/N/DEU/14 
 
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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 estimates 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 reduction in the smoking rate. 
8. Relevant documents: Draft Tobacco Products Act: 
http://www.bmel.de/SharedDocs/Downloads/Erna ehrung/Gesundheit/Tabakrichtlinie/Entw
urfTabakerzGKabinett.pdf?__blob=publicationFile    
9. Proposed date of adoption: August 2016 
Proposed date of entry into force: August 2016   
10. Final date for comments: 60 days from notification 
11. Texts available from: National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, 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://members. wto.org/crnattachments/2 016/TBT/DEU/16_0687_00_e.pdf