First, the Bulgarian parliament unanimously passed a ban on all e-cigarette products. Then they realised that the move was in violation of EU law and withdrew the decision. Now the latest proposal seems to be a ban on disposable models instead.
In a short space of time, the country of Bulgaria has become the centre of the European debate on e-cigarettes. The background is a tragic incident in January when a Bulgarian teenager lost his life in a case related to cannabinoids in e-cigarette products. The incident sent e-cigarettes to the top of the media agenda and shortly after, the country's parliament, the National Assembly, rushed through a bill to ban all e-cigarettes - including nicotine-free products.
Unanimous total ban - initially
On 12 February, the National Assembly voted unanimously (197-0) to proceed with the proposal. The law would ban the sale, distribution and marketing of all e-cigarette products. The move was intended as a change in the country's tobacco legislation and would effectively eliminate the use of e-cigarettes from the Bulgarian market.
But the proposal was quickly met with massive criticism. Among others, the World Vapers' Alliance (WVA), through its director Michael Landl, condemned the drastic decision: "The Bulgarian government's decision to ban e-cigarettes is a huge step backwards in the fight against smoking-related deaths. With one of the highest smoking rates in the EU, Bulgaria should embrace harm-reducing alternatives instead of banning them," said Landl.
Cheap cigarettes - good tax revenue
The WVA argues that a ban will force adult e-cigarette users back to cigarettes or onto the black market. And that's a real risk, as Bulgaria has the highest smoking rate in Europe. According to The Tobacco Atlas, 34 per cent of Bulgarian adults smoked in 2022, and a shocking 15 per cent of children aged 10 to 14.
Bulgaria also has the cheapest cigarettes in the EU and tobacco taxes account for over 10 per cent of the country's state budget.
"This ban will have disastrous consequences for public health in Bulgaria. It is absolutely insane that a country where smoking kills thousands every year chooses to remove a proven less harmful alternative," continued Landl.
In violation of EU rules
However, shortly after the parliamentary vote and subsequent criticism, Bulgarian politicians realised that a total ban on e-cigarettes would contravene EU law. As e-cigarettes are a legal and regulated product under the 2014 EU Tobacco Products Directive (TPD), such a ban requires approval from the European Commission through the so-called TRIS process.
The TRIS process means at least a three-month waiting period for other member states and the European Commission to object. Furthermore, a total ban may be rejected altogether as it risks violating the principle of free movement of legal goods in the EU single market.
Focus on disposable e-cigarettes
According to the Bulgarian TV channel bTV News, lawmakers have quickly withdrawn the original total ban. Instead, they are now discussing a more limited ban on disposable e-cigarettes or flavourings - measures that the EU has previously approved in other member states.
"Our main goal is to effectively eliminate the use of e-cigarettes in the country. At the same time, we realise that if we do it in the way we originally planned, it will take several years because of the TRIS process. This means that we will not be able to change anything for the next two to three years," Kostadin Angelov, Chairman of the Health and Health Insurance Committee, told bTV News.
A more limited ban - targeting single-use products or flavours - can be approved significantly faster, in around three months.
