Key Takeaways
- According to a European Commission document, the standstill period for Ireland's bill banning disposable vapes has been formally extended to June 19, 2026.
- Italy's Ministry of Enterprises and Made in Italy submitted a detailed opinion to the EU on March 19, 2026, opposing Ireland's "Public Health (Single Use Vapes) Bill 2025."
- The Irish bill intends to prohibit the retail sale of disposable vaping devices nationwide, regardless of whether they contain nicotine.
- Italy pointed out that Ireland's total ban constitutes a quantitative restriction, violating the Treaty on the Functioning of the European Union (TFEU) principle of free movement of goods.
2Firsts, April 10, 2026
According to the European Commission, the EU's Technical Regulations Information System published a detailed opinion from Italy regarding Ireland's "Public Health (Single Use Vapes) Bill 2025." The bill originally planned to completely ban the retail sale of disposable vapes in Ireland.
Ban standstill period extended to June 2026
Under EU Directive 2015/1535, due to the submission of this detailed opinion by Italy, the standstill period for the Irish bill has been formally extended to June 19, 2026. During this period, Ireland may not adopt or implement the legislation.
Ireland notified the EU of the draft on December 18, 2025. The draft plans to completely ban the retail sale of any non-reusable vaping device, regardless of whether it contains nicotine.
Italy's Ministry of Enterprises and Made in Italy submitted the formal objection to the European Commission on March 19, 2026.
Italy alleges ban violates EU principle of free movement of goods
In its detailed opinion, Italy explicitly stated that the Irish bill lacks scientific evidence and exceeds the existing EU regulatory framework.
The ban constitutes a quantitative restriction under Article 34 of the Treaty on the Functioning of the European Union (TFEU), preventing products legally manufactured and sold in other EU member states from entering the Irish market, thereby violating the core principle of the free movement of goods.
At the same time, Italy argued that the measure is incompatible with Article 24 of the EU Tobacco Products Directive (2014/40/EU - TPD).
The provision stipulates that member states can only ban specific categories of products under exceptional circumstances justified by the need to protect public health. Italy pointed out that Ireland failed to provide appropriate documentation proving the existence of such exceptional circumstances.
Lack of proportionality and alternative considerations
In its analysis of proportionality, Italy emphasised that Ireland's comprehensive ban failed to adequately assess less restrictive alternatives before restricting trade.
For example, Ireland could have adopted stricter age control measures, targeted information campaigns, or differentiated taxation tools, rather than directly implementing a sales ban.
Furthermore, the ban was cited as undermining the "freedom of establishment" (Article 49 of TFEU) of legitimate EU operators already present or intending to operate in Ireland, raising risks of unequal treatment in market access and the fragmentation of EU regulations.
Image Source: European Commission
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