Sales ban for disposable e-cigarettes, vapes in Belgium and France - could Germany soon follow suit?

The disposable e-cigarette is currently causing a stir. In addition to the UK, sales bans have also been under discussion within the European Union for some time. In the following article, you can find out who was the first EU country to get their act together, when a concrete ban will take effect there, who will soon follow suit and who could follow suit.

Disposable e-cigarette - what exactly is it?

Whether referred to as a vape, e-shisha or e-cigarette, disposable e-cigarettes are tobacco-free, electronic nicotine vaporizers that have been designed to work without refilling e-liquids, changing vaporizer heads (coils) or recharging batteries. A certain amount of liquid and usually a lithium battery are therefore integrated into the finished product. When one of these two parts is "discharged", the product is disposed of. The addition "disposable" therefore comes from the fact that this form of e-cigarette was designed as a disposable product.

Calls for a Europe-wide ban on disposable e-cigarettes are growing louder

One of the reasons why disposable e-cigarettes have been so popular with consumers so far is their ease of use. Once removed from the packaging, they can be enjoyed quickly - without the need to add additives and fill the contents, as is the case with classic e-cigarettes. If you listen to what many consumers say, it is often referred to as the "modern way of smoking", less harmful than tobacco cigarettes and extremely handy and convenient to use.

While many people may be happy about this, others are quite upset - because advocates of a general ban on such tobacco alternatives see the disposable version as one of the biggest problems. This would produce unnecessary electronic waste, plastic waste and used batteries; disposable e-cigarettes are therefore an environmental sin, harmful to the climate and would lead to considerable problems for waste disposal and recycling companies, according to all those who are in favor of a ban on the products.

As the specialist medium EUWID Recycling und Entsorgung reported in an online article at the beginning of March, eight European waste disposal and recycling associations are now even pushing for a Europe-wide ban by the end of the year at the latest in a recent paper*.

It is perhaps now doubtful that restrictive measures could be introduced across Europe, and by the end of 2024 at that. However, national sales bans have recently been initiated in at least some EU member states. Belgium is now the first EU country in which sales will no longer be possible from 2025. Recent developments also indicate that France is following suit and pressure on politicians in Germany is also increasing.

>> You might also be interested: Nicotine pouches as an alternative to cigarettes - education could promote smoking cessation

* See also: https://www.euwid-recycling.de/news/international/europaeische-entsorgerverbaende-fordern-verbot-von-einweg-e-zigaretten-010324/

Belgium is the first country in the EU to ban disposable e-cigarettes

From January 2025, disposable electronic cigarettes will be history in Belgium - that's when a national ban will prevent their sale. According to the Minister of Health, Frank Vandenbroucke, a regulation banning disposable e-cigarettes had already been submitted to the European Commission in 2021. A final version of the ban was approved at the end of March (19.03.) 2024.

The reason why the EU Commission has a say in such matters is in particular the European directive for tobacco products (2014/40/EU). This provides a legal framework for member states for electronic cigarettes, among other things.

In the course of approving the national prohibition provision submitted by Belgium, the Commission communication signed by Health Commissioner Stella Kyriakides stated the exact wording:

"Die vom Königreich Belgien mitgeteilten nationalen Bestimmungen zum Verbot des Inverkehrbringens nikotinhaltiger elektronischer Einwegzigaretten […] sind genehmigt."

Vandenbroucke then announced a ban on sales from 2025, which means that an intended national ban will be implemented EU-wide for the first time in Belgium and will become legally binding by the beginning of next year.

In addition to Belgium, efforts to achieve similar restrictions are also underway in other member states - most notably in France, where an agreement was reached in the French parliament in spring.

Ban on e-cigarettes in France

What Belgium now has from next year is something that France would also like to achieve. Accordingly, an agreement was reached in the French parliament at the end of March (21.03.) 2024. A corresponding document on a ban on disposable e-cigarettes was then submitted to the European Commission.

With regard to the approval in Belgium, this is also likely to be the case for France. However, how and when a national law will actually come into force is currently difficult to predict. Following the deposit, the EU Commission now has six months to give the green light.

Catherine Vautrin, France's Minister of Labor, Health and Solidarity, tweeted on X that she was calling on the European Commission to confirm France's decision without delay. and the fight against smoking should continue.

Ban on disposable e-cigarettes under discussion in Germany

With their national bans, Belgium and France have - as one might think - chosen a 'direct route' that will (or could) lead to the countries' desired ban on the sale of disposable electronic cigarettes. Legal categories such as "tobacco" or "smoking" were used as enablers. In Belgium as a result of an inter-federal strategy for a tobacco-free generation, in France as part of a broader anti-smoking plan.

To date, the German government has not presented any explicitly elaborated proposals that could specifically target disposable e-cigarettes via such a direct legal route. However, there are considerations and approval from some politicians, and talks are currently underway. In addition, voices from various associations are currently becoming louder, which intend to ban sales 'indirectly' via other legal frameworks.

Focus on the Electrical and Electronic Equipment Act and the Circular Economy Act

Together with the German Medical Association, the Federal Association of the German Waste Disposal, Water and Recycling Industry (BDE) and other social organizations, Deutsche Umwelthilfe (DHU) is currently calling on Environment Minister Steffi Lemke in an open letter for a rapid national ban on disposable e-cigarettes.

Such a ban is justified by the reasons already mentioned, whereby the Electrical and Electronic Equipment Act (ElektroG), which is currently being revised, in particular Section 4, is seen as a possibility for rapid implementation. This law regulates the placing on the market, disposal and recycling of electrical and electronic equipment, which (could) also include electronic cigarettes. The basic tenor of the open letter states at this point that starting points for the implementation of a ban could be found in the so-called obligations when placing electrical and electronic equipment on the market.

In addition, Section 24 of the Closed Substance Cycle Waste Management Act (KrWG) provides an authorization basis for defining requirements for products, which could result in disposable e-cigarettes being removed from the market.

It remains to be seen whether and how the appeal to German politicians will ultimately be accepted. How a possible ban on the sale of disposable e-cigarettes will be implemented in German law and whether the route via the ElektroG or the KrWG could be possible without further ado will also remain to be seen.

Will the EU Battery Regulation lead to the end of disposable e-cigarettes by 2027?

In the medium term, there appears to be another way to ban such products - in their current form of production - via the EU Battery Regulation (Regulation (EU) 2023/1542). This means that from February 2027, portable batteries in end-user products will be easy to remove and replace.

This would put a stop to e-cigarettes in their current disposable form. However, adapting the production method of the products so that they once again comply with these regulations could counteract this.