Market & legal data in the tobacco alternatives sector in Portugal

16th April 2024: Portugal: The Portuguese Environmental Agency (APA) has confirmed to TobaccoIntelligence that although producers of tobacco products with filters and filters sold separately for use with tobacco products have been subject to extended producer responsibility (via individual or integrated systems) under single-use plastic regulations since 6th January 2023, currently, it is still not possible to select any management entity for integrated systems, as there is no licensee, and there are no individual authorised systems.
11th March 2024: Portugal: Following the dissolution of Parliament in November 2023, the Democratic Alliance – a centre-right political alliance composed of the Social Democratic Party, the People's Party and the People's Monarchy Party – won the elections held yesterday (10th March), press reports. We do not believe that the change of government will have a radical impact on the sector, since the parties in the alliance hold a relatively negative view of alternative products, as shown in our Policy Radar.
23rd January 2024: Portugal: The Ministry of Health has told the press that heated tobacco will not have to carry combined health warnings (meaning both text and an image) after the approval of the law that transposed the Commission's Delegated Directive (EU) 2022/2100. "In all Member States of the European Union, heated tobacco can be classified as a smokable or smokeless tobacco product. In the case of combusted tobacco, the prohibition of odours or flavours and the requirement for combined health warnings apply. In the case of smokeless tobacco, the ban on odours or flavours and the mandatory health warning (text) apply," said the ministry.
19th January 2024: Portugal: Following the approval of the law transposing the Commission's Delegated Directive (EU) 2022/2100, which introduces a definition for heated tobacco products (HTPs), bans heated tobacco flavours and introduces combined health warnings, the Directorate-General for Consumer Affairs (DGC) said it will strengthen supervision of HTP advertising, as the products are now equivalent to conventional cigarettes, media reports. The authority added that enforcement of packaging rules and the flavour ban will also be increased.
16th January 2024: Portugal: The bill that transposes Commission Delegated Directive (EU) 2022/2100 was published in the Official Gazette. It introduces a definition for heated tobacco products (HTPs), bans heated tobacco flavours, and introduces combined health warnings if the product is considered a smoking product. The bill enters into force today.
12th January 2024: Portugal: The Tax Authority has issued a statement informing that as of 20th May 2024 the traceability system currently imposed on cigarettes and roll-your-own tobacco will be extended to all tobacco products, including heated tobacco. In order to apply the traceability system, manufacturers, importers, exporters and distributors must be registered in the Tobacco Traceability Portal by 19th May 2024.
8th January 2024: Portugal: The bill that transposes Commission Delegated Directive (EU) 2022/2100 was approved by the president, press reports. The bill introduces a definition for heated tobacco products, bans heated tobacco flavours, and introduces combined health warnings if the product is considered a smoking product. The bill will now be published in the Official Gazette.
8th January 2024: Portugal: In December 2023, the State Budget 2024 was published in the Official Gazette. The budget increased heated tobacco tax from €0.0896 per g to €0.0935 per g from 1st January 2024.
1st December 2023: Portugal: The bill that transposes Commission Delegated Directive (EU) 2022/2100 was approved by Parliament, press reports. The latest version of the bill introduces a definition for heated tobacco products, bans heated tobacco flavours, and introduces combined health warnings if the product is considered a smoking product. The bill needs to be signed by the president before being published in the official gazette.
30th November 2023: Portugal: Parliament has approved the State Budget 2024, which includes a tax increase on heated tobacco from €0.0896 per g to €0.0935 per g. The final text has not yet been released.
29th November 2023: Portugal: The bill that transposes the Commission Delegated Directive (EU) 2022/2100 was adopted by Parliament's Health Commission. The new version of the bill introduces a definition for heated tobacco products, bans heated tobacco flavours, and introduces combined health warnings if the product is considered a smoking product. Other points addressed in the first version of the bill, such as public usage and retail restrictions, have been left out. The bill will now be submitted to a final vote in plenary.
10th November 2023: Portugal: Following a corruption scandal allegedly involving prime minister António Costa and his announced resignation, president Marcelo Rebelo de Sousa said Parliament would be dissolved and new elections would be held on 10th March 2024. The 2024 State Budget, which aims to increase taxes on heated tobacco should not be affected. Bills that have been already approved in general debate in Parliament – such as the bill to amend the Tobacco Law and transpose Commission Delegated Directive (EU) 2022/2100 – should not be affected by the dissolution either.

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