The Bundesrat calls on the Federal Government to advocate at national and EU level for an effective ban on the marketing of disposable e-cigarettes. A resolution to this effect was passed by the state chamber on 3 March 2023 on the initiative of Bavaria (take-e-way reported).
The Bundesrat criticises that disposable electronic cigarettes are often not disposed of properly as electrical appliances but as part of household waste. The federal states warn that this would lead to the batteries contained in such appliances to be disposed of by incineration. Due to their design, disposable e-cigarettes can neither be refilled nor can the battery be replaced, which is why they must be evaluated very critically from the point of view of circular economy and resource conservation.
In the opinion of the Bundesrat, at EU level the orientation of the planned Ecodesign Regulation towards the circular economy and resource protection could, among other things, but not exclusively, be suitable for preventing disposable e-cigarettes from being placed on the market.
The Federal Council also calls on the Federal Government to examine and, if necessary, take further measures to effectively counteract the improper disposal of disposable e-cigarettes.
The resolution was forwarded to the Federal Government. The latter will decide when it plans to deal with it. There are no fixed deadlines in this respect.
In Germany, e-cigarettes are a legally complex product requiring three registrations: A WEEE or ElektroG registration is required for the vaporiser, a battery registration for the rechargeable battery, and a packaging law registration and licence for the packaging.
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