As part of the implementation of the EU TPD, Denmark initiated a digital public consultation to draw up its bill. The Danish Government intends to collect opinions until March 20, 2015 before starting three rounds of negotiations between politicians, for an foreseen implementation in November 2015.
The Association of Danish Vapers (DADAFO) relays this information and warns consumers about the misleading nature of this proposal. While the sale of nicotine e-liquids could finally be authorized in Denmark, it shall only be achieved by classifying these products as tobacco products.
Among the points presented in this proposal :
- Sales ban to the under-18s,
- The use of e-cigarettes with or without nicotine will be supervised by the same law as that regulating tobacco,
- All private or public companies are required to draft up rules and regulations on the use of tobacco and vape
- Formal prohibition of advertising, sponsorship or using trade names except for specialist outlets. In other stores, the vape products should be stored out of sight of customers and provided on request.
- Regarding equipment or part of equipment: maximum tank capacity of 2 ml, anti-leak dispositions for the tank, the e-cigarette and the filling system; Child safety system for tanks, the complete device and e-liquid bottles.
- The e-liquid bottles should not exceed 10ml and 2ml for pre-filled cartridges.
- All products and components on market must be declared to the authorities (Sikkerhedsstyrelsen) under penalty of a fine of € 6,700 or calculated on the amount of the turnover.
- A 6-month notification is required before a product to be released on the market.
- Selling products of vape on the Danish territory by a foreign company is subject to the same rules.
- The cost of registration for each item is set to € 4,000 for the first year and € 1,300 for each following year.
- The e-liquid manufacturers must display the composition of their products, and produce a toxicology report for each product variant.
Thus, six months after the application of this law, all products currently available on the Danish market may be rendered illegal, according to DADAFO, since no product has yet been registered.
Denmark, with the Netherlands, seems to be part of these “test countries” where the TPD is being implemented at a very high speed. The DADAFO fears not being heard by the the government, and has now less than four weeks to drafts propositions on a complex law document of 143 pages.
Consternation among Danish professionals
The number of vapers in Denmark is estimated between 150,000 and 250,000, or less than 3% of the population. Smokers, in turn represent 17% of the population. Most Danish vapers seem to be dual users and only 50,000 to 100,000 would be exclusive vapers.
The trade in e-cigarette in Denmark is mainly achieved via online shops, specialized stores and service stations (mainly for cigalikes). A portion of the sales is also supposed to occur on the black market. The importation of goods via other countries (members of the European Union or not) is massive since nicotine e-liquids are currently forbidden moment (unless a marketing authorization is released soon), although some local businesses still take the risk of selling them.
In contrast to France or the UK, no renowned scientist officially supports the vape in Denmark. Some unchecked rumors brought up threads addressed to pro-vape researchers of shortening fundings of their programs if they continue to promote the product. The direction of the country towards pharmaceutical regulation or the electronic cigarette remains strong according to some analyzes.
Many Danish companies have already announced their plans to clear their stocks and shut up their buisnesses in order to avoid impending legal issues.