What happens with countries that have not transposed the EU HTP flavour ban?

Commission Delegated Directive (EU) 2022/2100 setting out the non-tobacco flavour ban on heated tobacco products (HTPs) across the European Union became applicable in the 27 EU member states on 23rd October 2023.

The EU requirement to transpose a directive in order for it to be directly applicable raises one major question: what happens with member states that have not transposed a directive?

This report seeks to answer the question of whether, when, and under which circumstances a directive can be enforced in a member state that has not transposed the directive. Additionally, the report also examines the consequences for a member state of not having incorporated a directive.

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Sergi Riudalbas

Legal analyst
Sergi holds a Master’s degree in European Union Law from the University of Amsterdam, where he also participated in the Fair Work and Equality Law Clinic. He graduated in Law from the University of Barcelona in 2019. He worked as a legal research intern at Global Human Rights Defence, an NGO that monitors human rights violations worldwide. He also engaged in a traineeship program in an Egyptian law firm in 2019, arranged by AIESEC.

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