Protection against smoking: Bill no. 1104 amending Law 1.346 of 9 May 2008

Government Bill no. 1104 amending law no. 1.346 of 9 May 2008 on protection against smoking, received by the Parliament on 16 October 2024, was tabled in Public Session on 17 October 2024 and referred to the Commission for Social Interests and Miscellaneous Affairs (CISAD).

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Presentation

The Government's approach is in line with that of the National Council, which on 17 October 2024 adopted the draft law no. 264 prohibiting the sale and consumption of single-use electronic vaping products (commonly known as "puff"), tabled on 27 June 2024.

Taking into account the changing international context relating to the tobacco market, the Government is aligning the development of its regulatory policy, including Sovereign Order no. 9.124 of 25 February 2022 and Bill no. 1104, with the public policies of the Member States of the European Union (EU) on the manufacture, presentation and sale of tobacco products and related products (Directive 2014/40/EU consolidated on 23 October 2023).

The planned reform goes "beyond the health issue alone (...) more broadly (...) as part of an approach to social and environmental responsibility". (Explanatory memorandum to Bill no. 1104)

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SUMMARY

The main thrust of Bill no. 1104:

• Bringing legislation into line with changes in the tobacco market, covering all tobacco and related products, with or without electronic devices.
• Strengthening the protection of minors from smoking, by extending the sales and distribution bans to all tobacco and related products, with or without electronic devices, raising the legal age from 16 to 18, and through information provided by schools.
• Extension of the ban on smoking or consuming tobacco or tobacco-related products, with or without electronic devices, either general or not (possibility of smoking rooms where minors are not allowed) depending on the location (commercial premises, means of public transport, public play areas for minors, vehicles where minors are present, beaches, private and public swimming pools).
• Prohibition on the manufacture, sale and distribution, free offer, and consumption of disposable electronic devices ("puffs") on the territory of the Principality.
• Prohibition of the sale, distribution, free offer by means of a vending machine of tobacco products, related products, electronic devices and accessories (for purposes of efficient use, decoration, transport, personalisation, cleaning, refilling, etc. ) relating to them, and prohibition on their remote sale, distribution, free offer and acquisition within, to or from Monegasque territory (products, devices and accessories present in postal parcels or in parcels forwarded by express freight companies will be presumed to be the subject of prohibited operations).
• New criminal penalties, and toughening of existing criminal penalties.

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