The Dutch situation from Martijn Voncken regarding the early introduction of the TPD and more!
Starting from 1st February, 2015 the AMvB “Tijdelijk Warenbesluit e-sigaret” is coming into effect. Translated this is the “Temporary consumer goods-decision e-cigarettes” It is temporary because it will go out of effect when the TPD is implemented in the Netherlands.
An AMvB is a General Measure of Policy(Order in Council). AMvB’s are meant for implementing the law, not for making new laws. A ministry creates them without going through parliament. AMvB’s do have to be approved by the “Raad van State” (Council of state), in their evaluation they stated that there should be more focus on the benefits, instead of just focusing on the negatives, but they did approve the AMvB.
The AMvB restricts sales of e-cigarettes to protect consumer-safety, with many regulations taken directly from the TPD.
There are no restrictions on age, that would require a real law.
- Liquids : max 10ml, specific labeling guidelines.
- Tanks : max 2 ml.
- Leak-free refilling : It should be possible to refill without leaking when following written instructions.
- An attempt to ban drippers, by disallowing the sales of e-cigs without a reservoir.
- Does not restrict private use, it restricts sales/bringing to market. It also restricts sales coming from abroad, including other European states. for example: If a Dutch consumer would order restricted e-cigs from the UK and Dutch customs stop them. The seller is held liable, not the consumer.
- No restrictions on nicotine-free e-cigs.
- No restrictions based on consistent-dose, because there are no known ways to measure it.
- No restrictions on mods, batteries.
A lawsuit against an AMvB is relatively cheap, and they can be challenged using a “kort geding” (preliminary injunction).
Shops have done Fire Sales of tanks and liquids that will be banned with the AMvB.
Some consumers are hoarding large amounts of nicotine base, because DIY is too expensive after Feb 1st.
Public knowledge of this law is low, most vapers are unaware, and many don’t care.
Our enforcement agency (NVWA) is focusing on liquids sold in the Netherlands, they do not have the manpower and/or knowledge for all regulations.
General Use – Public perception
Vaping in bars/cafés is widely accepted, and some of us vape at work.
More visible in public, mostly with ego style batteries.
Public perception: Overall it’s neutral, with the occasional anti comments, especially after some bad headlines in the newspapers.
They publicly state that “ecigs are better than real cigarettes for those who can’t quit otherwise”, but… they are concerned about a gateway effect and long term effects.
Consumers (Acvoda) are in a constructive dialogue with a number of them, we have lots of common ground, but sometimes we agree to disagree.
The left is aggressive in calling for more restrictions on e-cigs, there is no pro-vaping hero in Dutch politics.
TPD implementation is on the parliament agenda this year.
Mostly anti vaping headlines. But the more respected newspapers did NOT participate in the latest formaldehyde scares.
RIVM, Research on harm of vaping and passive-vaping
The RIVM (National Institute or Public Health and the Environment) has been commissioned by the ministry of health to research the harm of vaping and passive-vaping. The results will be published soon.
Given their previous publications it is likely that the results will indicate harm.
A Call to Dutch Vapers
Please add your vaping story at:-
Public health and politicians need to know how important vaping is to many of us.
Many thanks to Martijn for this excellent summary and clarifying the Dutch problems, no doubt they won’t be the only country who start implementing the TPD ahead of the deadline.