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Is The European Commission'S Heated Tobacco Flavour Ban Out Of Bounds?

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  • 9 Pages
  • July 2022
  • Region: Europe
  • Tobacco Intelligence
  • ID: 5644899
The recent proposal by the European Commission (EC) to ban flavoured heated tobacco products has sparked a debate on a number of issues. One of the most important of these is the examination of whether the EC has exceeded its powers by introducing a new legal definition - the one for heated tobacco products - into the Tobacco Products Directive (TPD) through a delegated act.
This report asks and answers questions about concerns over the issue, including relevant definitions and precedents, as well as possible outcomes and effects.

Table of Contents

1 Introduction

2 What is a delegated act and how does it differ from a legislative act?

3 Limits to delegated acts

4 CJEU’s view on what constitutes an ‘essential element of a legislative act’

5 What’s next?

6 What this means