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1.
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Notifying
Member: UNITED KINGDOM
If applicable, name of local government involved (Article 3.2 and
7.2): The Welsh Government
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2.
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Agency
responsible:
Local
Environment Quality Branch, Environmental Protection Division, Department for
Climate Change, Environment and Rural Affairs, Welsh Government
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:
UK TBT
Enquiry Point
Trade Policy,
Implementation and Negotiations
Department
for Business and Trade
Old Admiralty
Building
London
SW1A 2DY
tbtenquiriesuk@businessandtrade.gov.uk
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3.
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Notified
under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ],
other:
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4.
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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 inhalation 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)
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5.
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Title,
number of pages and language(s) of the notified document: The Environmental Protection (Single-use Vapes) (Wales)
Regulations 2024; (28 page(s), in English)
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6.
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Description
of content: These regulations will
introduce a ban on the supply of single-use electronic cigarettes in Wales.
These regulations define single-use electronic cigarettes as devices that:
• are not
rechargeable, not refillable or are neither rechargeable nor refillable, and
• vaporise
substances (other than tobacco) for the purpose of inhalation through a
mouthpiece.
The
restriction will not apply to single-use electronic cigarettes that:
• are
refillable by means of a refill container, or tank or single-use cartridge,
and
• are any of
the above and rechargeable.
Breach of
these prohibitions will be an offence under the regulations. The regulations
provide for fixed monetary penalties, variable monetary penalties, compliance
notices and stop notices as well as non-compliance penalties.
Criminal
sanctions will also be provided for where an enforcement undertaking has not
been complied with.
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7.
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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 they cause harm to the environment.
While
single-use vape parts can be recycled, the only recycling process available
in the UK is manual dismantling which is costly and time consuming as most
single-use vapes are not designed to be taken apart easily. They are designed
as one unit and require specific tools to remove the lithium-ion battery for
recycling and careful handling of components to avoid operator exposure to
the remaining e-liquid. There is currently insufficient 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, heavy 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 single-use, 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 adoption of reusable alternatives.; Protection of
the environment
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8.
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Relevant
documents:
Creating a
smokefree generation and tackling youth vaping – Gov UK
Stopping the
start: our new plan to create a smokefree generation - GOV.UK
The
Environmental Protection (Single-use Vapes) (Wales) Regulations 2024 draft SI
(attached as PDF)
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9.
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Proposed
date of adoption: October 2024
Proposed date of entry into force: April 2025
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10.
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Final
date for comments: 60 days from
notification
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11.
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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
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