EAVI sent an open letter to the Chairperson of the National Assembly of the Republic of Bulgaria, the leaders of the parliamentary groups, the Ministry of Economy and Industry, the Ministry of Finance, and the Ministry of Health regarding the proposal to ban vapes in Bulgaria.
TO:
The Chairman of the National Assembly of the Republic of Bulgaria
The Chairpersons of the Parliamentary Groups
Ministry of Economy and Industry
Ministry of Finance
Ministry of Health
ABOUT: RE: Proposal for a complete ban on electronic cigarettes (vapes) in Bulgaria
Dear Sir/Madam,
The European Vape Industry Association (EAVI), representing regulated producers, importers, and traders of electronic cigarettes in Europe, expresses its strong opposition to the proposal for a complete ban on vapes in Bulgaria. Implementing such a measure would have significant legal, economic, social, and health consequences, and would represent a disproportionate and unjustified restriction on legally operating commercial entities.
Violation of the principles of free movement of goods and competition
Any ban that restricts the access of regulated products to the market constitutes a violation of the fundamental principles of the European Union regarding the free movement of goods and the prevention of unjustified restrictions on the competitive environment. According to the Treaty on the Functioning of the European Union (Articles 34-36), any national restriction on products that comply with European requirements and standards must be justified, proportionate, and non-discriminatory. A ban on vapes in Bulgaria would violate these legal principles and could be subject to legal action before European institutions.
Moreover, restricting the market in favor of the tobacco industry and illegal distribution channels directly violates the principles of fair competition. We urge legislators to avoid legal actions that would not only compromise Bulgaria’s position within the European Union but also create dangerous precedents for the free market and regulated industries in the country.
Illegal trade cannot be a basis for banning an entire industry
Smuggling and unregulated sales of electronic cigarettes containing cannabinoids are the result of insufficient control and enforcement of existing regulations, not the actions of lawful economic operators. Similarly, the illegal production and distribution of alcohol do not lead to a ban on the sale of alcoholic beverages. The solution lies in strengthening regulations, not eliminating the legal market.
Financial consequences and growth of the shadow economy
The vape industry contributes significantly to the state budget through excise duties, customs, VAT, and corporate taxes. A ban would lead to serious losses for public finances while creating conditions for the growth of unregulated trade and the entry of dangerous and uncertified products into the market.
финанси, като същевременно ще създаде условия за засилване на нерегламентираната търговия и навлизане на опасни и несертифицирани продукти на пазара.
Public health and the consequences of a return to smoking
Scientific research in the European Union and the United States shows that electronic cigarettes are a significantly less harmful alternative to traditional smoking and play a key role in reducing the use of combustible tobacco products. A ban on vapes would force thousands of users to return to traditional cigarettes, leading to a serious deterioration in public health and additional strain on the healthcare system.
The association actively supports legal order and control
EAVI is the first organization to notify the relevant authorities about cases of illegal imports, unregulated products, and sales to minors. Our members strictly comply with all applicable laws and standards and do not offer products containing cannabinoids such as HHC and THC. We are ready to work together with state institutions to strengthen regulations and effectively enforce the legislation.
The need for strengthened regulation instead of a ban
Instead of drastic restrictions that would destroy the regulated sector, we call for more effective control and targeted measures, including:
- Enhanced border controls to prevent illegal imports;
- Introduction of strict safety and quality standards;
Strict sanctions for violators, without affecting legitimate economic operators.
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Conclusion
EAVI expresses its willingness for dialogue and collaboration with state institutions, including participation in working groups, meetings, and discussions, to find effective solutions to limit access by minors to illegal and unregulated devices. We are committed to building a sustainable and legal framework that ensures the safety of consumers and compliance with regulations in the sector.
A complete ban on electronic cigarettes in Bulgaria would not only fail to solve the problem of the illegal market but would also lead to significant economic and health risks. It would cause severe damage to the state budget, increase unregulated trade, and jeopardize the health of citizens. We urge lawmakers to adopt an approach based on strengthened regulations and effective control, rather than extreme prohibitive measures that will cause irreparable harm to the industry and society.
The Board of Directors of the European Vape Industry Association
