Bulgaria mulls vejp ban - but disposable models at risk

The big-smoking country of Bulgaria first voted unanimously in its parliament to ban vejp altogether. Then it realised that the move was against EU law and changed its mind. Now the latest move seems to be to ban single-use vejp instead.

Bulgaria has recently found itself at the centre of the debate on e-cigarettes in Europe, following a tragic incident in January, when a Bulgarian teenager died in a case linked to cannabinoids in vejp products. That incident brought e-cigarettes to the top of the media agenda and shortly afterwards the country's parliament, the National Assembly, rushed through a bill to ban all vejp - including nicotine-free products.

Unanimous decision on total ban - first

On 12 February, the National Assembly voted unanimously (197-0) to take this proposal forward. The bill banned the sale, distribution and marketing of all vejp products. The measure was intended as an amendment to the country's tobacco legislation and would effectively eliminate vejp from the Bulgarian market.

But the proposal was initially widely criticised. The World Vapers' Alliance, for example, condemned what was happening through its director Michael Landl.
"The Bulgarian government's decision to ban vejpning is a huge step backwards in the fight against smoking-related deaths. With one of the highest smoking rates in the EU, Bulgaria should be embracing harm minimisation tools, not banning them" commented Landl.

Cheap cigarettes - good tax revenue

The WVA argues that a ban would drive adult smokers back to smoking or into the black market. And it's true that Bulgaria has the highest smoking rate in Europe. According to The Tobacco Atlas, 34% of Bulgarian adults smoked in 2022, and as many as 15% of children aged 10 to 14. Cigarettes are also the cheapest in the EU, with tobacco revenues accounting for over 10% of Bulgaria's state budget.

"This ban will have devastating consequences for public health in Bulgaria. It is absolutely crazy that in a country where smoking kills thousands every year, we choose to take away a proven harm minimising tool," Landl continued.

Contrary to EU rules

However, soon after the parliamentary vote and subsequent criticism, Bulgarian politicians realised that banning vejp would be against EU law. As e-cigarettes are a legal and regulated product under the 2014 EU Tobacco Products Directive (TPD), such a ban requires authorisation from the European Commission via the so-called TRIS procedure.

The TRIS process, in turn, involves at least a three-month waiting period during which other Member States and the European Commission can submit comments. In addition, a total ban could be blocked altogether, as it risks violating the principles of free movement of legal goods within the EU single market.

Runs on disposable vejps

According to Bulgaria's bTV News, lawmakers have therefore recently backed away from the original total ban. Instead, a more limited ban on disposable vejp or possibly flavoured products - measures previously approved by the EU in other member states - is now being discussed.

"Our main goal is to effectively remove the vejp in the country. At the same time, we realise that if we do it the way we have planned, it will take several years because of the TRIS process. Then we will not change anything for the next two or three years", commented the Chairman of the Health Committee, Kostadin Angelov in bTV News. 

A more limited ban - targeting single-use products or flavours - can be approved much faster, around three months.

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