Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st September, 2018.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014¹ on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC, hereby make the following regulations:

1. These Regulations may be cited as the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) (Amendment) (No. 2) Regulations 2018.

2. Regulation 27 of the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 ( S.I. No. 271 of 2016 ) is amended, in paragraph (1), by the substitution of the following subparagraphs for subparagraph (a)—

“(a) nicotine-containing liquid is contained in dedicated refill containers not exceeding a volume of 10ml, disposable electronic cigarettes or single use cartridges;

(aa)the capacity of single use cartridges or tanks does not exceed a volume of 2ml;”.

GIVEN under my Official Seal,

17 September 2018.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend Regulation 27 of the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 ( S.I. No. 271 of 2016 ) on safety and quality requirements for electronic cigarettes and refill containers.

1 OJ No. L 127, 29.04.2014, p. 1 as affected by corrigendum (OJ No. L 150, 17.6.2015, p. 24)