Department of Law

Viktoria Obolevich

Thank You for Not Smoking: The Commission’s Proposal for a New Tobacco Products Directive—Legally Sound, but Does it Hit the Spot?

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Thank You for Not Smoking : The Commission’s Proposal for a New Tobacco Products Directive—Legally Sound, but Does it Hit the Spot? / Elsmore, Matthew James; Obolevich, Viktoria.

In: European Law Review, Vol. 2013 , No. August, 2013.

Research output: Contribution to journal/Conference contribution in journal/Contribution to newspaperJournal articleResearchpeer-review

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@article{d892426296a34929bff08b3ed745fd05,
title = "Thank You for Not Smoking: The Commission{\textquoteright}s Proposal for a New Tobacco Products Directive—Legally Sound, but Does it Hit the Spot?",
abstract = "On 19 December 2012 the European Commission adopted a proposal for a directive 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 (Proposal). The Proposal, under scrutiny via ordinary legislative procedure, envisages a repeal of the Tobacco Products Directive 2001 by introducing new EU rules on packaging, composition and sale of tobacco and non-tobacco products. The Proposal{\textquoteright}s aim is to secure a high level of health protection for European citizens – especially youth, while counterbalancing the legal requirements of an internal market measure under Article 114 Treaty on the Functioning of the European Union.This article describes and analyses important legal aspects of the Proposal. Given the wide range of the proposals, for example extending regulatory scope to harmonise non-tobacco products, a comprehensive analysis is not provided here. We focus on packaging and labelling in the context of legal governance and competence, amid procedural law-making aspects. We intermittently draw on market data, and non-legal theory in our assessment of the need and source for EU intervention. ",
keywords = "tobacco product law; EU Law; Commission proposal; standardised packaging; competence",
author = "Elsmore, {Matthew James} and Viktoria Obolevich",
year = "2013",
language = "English",
volume = "2013 ",
journal = "European Law Review",
issn = "0307-5400",
publisher = "Sweet & Maxwell Ltd.",
number = "August",

}

RIS

TY - JOUR

T1 - Thank You for Not Smoking

T2 - The Commission’s Proposal for a New Tobacco Products Directive—Legally Sound, but Does it Hit the Spot?

AU - Elsmore, Matthew James

AU - Obolevich, Viktoria

PY - 2013

Y1 - 2013

N2 - On 19 December 2012 the European Commission adopted a proposal for a directive 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 (Proposal). The Proposal, under scrutiny via ordinary legislative procedure, envisages a repeal of the Tobacco Products Directive 2001 by introducing new EU rules on packaging, composition and sale of tobacco and non-tobacco products. The Proposal’s aim is to secure a high level of health protection for European citizens – especially youth, while counterbalancing the legal requirements of an internal market measure under Article 114 Treaty on the Functioning of the European Union.This article describes and analyses important legal aspects of the Proposal. Given the wide range of the proposals, for example extending regulatory scope to harmonise non-tobacco products, a comprehensive analysis is not provided here. We focus on packaging and labelling in the context of legal governance and competence, amid procedural law-making aspects. We intermittently draw on market data, and non-legal theory in our assessment of the need and source for EU intervention.

AB - On 19 December 2012 the European Commission adopted a proposal for a directive 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 (Proposal). The Proposal, under scrutiny via ordinary legislative procedure, envisages a repeal of the Tobacco Products Directive 2001 by introducing new EU rules on packaging, composition and sale of tobacco and non-tobacco products. The Proposal’s aim is to secure a high level of health protection for European citizens – especially youth, while counterbalancing the legal requirements of an internal market measure under Article 114 Treaty on the Functioning of the European Union.This article describes and analyses important legal aspects of the Proposal. Given the wide range of the proposals, for example extending regulatory scope to harmonise non-tobacco products, a comprehensive analysis is not provided here. We focus on packaging and labelling in the context of legal governance and competence, amid procedural law-making aspects. We intermittently draw on market data, and non-legal theory in our assessment of the need and source for EU intervention.

KW - tobacco product law; EU Law; Commission proposal; standardised packaging; competence

M3 - Journal article

VL - 2013

JO - European Law Review

JF - European Law Review

SN - 0307-5400

IS - August

ER -