G/TBT/N/LVA/14  
 
2 July 2014  
(14-3805)  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: LATVIA  
If applicable, name of local government involved (Article 3.2 and 7.2):    
2. Agency responsible: Ministry of Health 
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 :  
Latvian TBT Contact Point 
Ministry of Economics of the Republic of Latvia  
Foreign Trade Policy Unit, Foreign Economic Relations Department Brîvîbas iela 55, Riga, LV-1519 Latvia 
Telephone: +(371) 67013284 
Telefax: +(371) 67280882 E-mail: pto@em.gov.lv   
Website: http://www.em.gov.lv  
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, where applicable): Electronic smoking 
devices; liquids for electronic smoking devices 
5. Title, number of pages and language(s) of the notified document: Draft law on the 
amendments to the Law on the restrictions of the sale, advertising and use of tobacco 
products, (1 page, in Latvian). 
6. Description of content: The draft law clarifies the purpose of the law and expands the 
meaning of the term "smoking" to the use of electronic smoking devices. New definitions 
are added: "electronic smoking device" and "liquid for electronic smoking device". The draft law imposes a ban on the sale of electronic smoking devices and e-liquids other than 
medicinal products.  
7. Objective and rationale, including the nature of urgent problems where applicable: 
Currently, Latvia has no rules and regulations governing the sale of electronic smoking 
devices and e-liquids with or without nicotine. Electronic smoking devices and e-liquids are not tobacco products. Therefore they are not subject to the requirements of the Law on 
the restrictions of the sale, advertising and use of tobacco products. In order to create a 
legal framework, it is necessary to amend the Law on the restrictions of the sale, 
advertising and use of tobacco products.  
The ban on the sale of electronic smoking devices and e-liquids was based on the following 
considerations:  
1. Upon joining the WHO Framework Convention on Tobacco Control (hereinafter 
Convention) Latvia undertook to take measures to reduce the detrimental impact 
resulting from the consumption of tobacco, including nicotine as an indispensable G/TBT/N/LVA/14 
 
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  part of tobacco, on the public. 
2. The use of electronic smoking devices is on the increase and this undermines 
tobacco use cessation. In 2011, 20.2% (22.0% of boys and 18.0% of girls) of 
Latvian school students aged 13-15 had tried e-cigarettes. In the past month, 9.1% 
of school students (10.3% of boys and 7.7%  of girls) smoked an e-cigarette for a 
day or several days. The percentage of male and female users in the age group 15-
24 has respectively grown from 4.4% in 2010 to 32.4% in 2012 and from 1.7% in 
2010 to 11.4% in 2012.  
3. When e-cigarettes are used, the chances of giving up smoking are low, and research 
shows that young people who use e-cigarettes consume more tobacco products and 
are less likely to give up smoking. Some research shows that other people are also exposed to the risk of harmful substances (passive use). 
4. There is a lack of quality standards and conformity assessments. As a result 
products are released into the market without any proof that they are safe for use. 
There is evidence that some products contain a number of other chemical compounds such as diethylenglycol (known to be highly toxic), various nitrosamines, 
(cancer-causing substances found in tobacco) and other harmful chemical 
compounds.  
5.  The WHO position is that currently there is no evidence that electronic smoking 
devices are safe and that there are no valid reasons for defining electronic smoking 
devices as an aid for quitting smoking. According to the statement made by the WHO in 2013, people should not use e-cigarettes until research findings on the impact, safety and quality of electronic cigarettes become available.  
6. Claims that these products are safe or healthier than tobacco products and the fact 
that they simulate cigarettes may encour age former smokers to pick up smoking 
again and attract new consumers who so far have not picked up tobacco products.  
7. Directive 2014/40/EU of the European Parlia ment and of the Council of 3 April 2014 
allows Member States to adopt stricter regulations and even to ban certain categories of products. 
8. Relevant documents:  18.12.1996  Law "On the restrictions of the sale, advertising and 
use of tobacco products" 
9. Proposed date of adoption: To be determined after consultation process 
Proposed date of entry into force: -  
10. Final date for comments: August 2014 
11. Texts available from: Nati onal enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
Latvian TBT Contact Point 
Ministry of Economics of the Republic of Latvia  
Foreign Trade Policy Unit, Foreign Economic Relations Department 
Brîvîbas iela 55, Riga, LV-1519 Latvia  Telephone: +(371) 67013284 
Telefax: +(371) 67280882 
E-mail: pto@em.gov.lv   
Website: http://www.em.gov.lv