Explanatory
Note
EXPLANATORY NOTE
These Regulations are made in exercise of the powers
conferred by sections 8(1) and 8C of, and paragraph 21 of
Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16). They deal
with matters arising out of, or related to, the Protocol on
Ireland/Northern Ireland in the EU Withdrawal Agreement (“the
Protocol”).
These Regulations amend the Tobacco Products and Nicotine
Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019
(S.I. 2019/41) to take
account of the inclusion of Directive
2014/40/EU in Annex 2 to the Protocol. The amendments are
needed to ensure that the Tobacco and Related Products
Regulations 2016 (which implemented the Directive) (S.I. 2016/507) will
continue to function after IP completion day, and also to
update the transitional provision made to allow certain
products that have been placed on the market in the United
Kingdom before IP completion day to continue to be supplied
in Great Britain on and after that day.
These Regulations also amend the Electronic Cigarettes (Fees)
Regulations 2016 (S.I. 2016/521) and the
Tobacco and Related Products (Fees) Regulations 2017
(S.I. 2019/409) so that a
single notification and annual reporting fee remains payable
if a product is to be supplied in both Great Britain and
Northern Ireland.
The net costs imposed on business, the voluntary sector and
the public sector by these Regulations have been assessed as
being less than £5m in any year and therefore a full impact
assessment has not been prepared.
