The Government has not discussed this proposal, therefore it cannot be considered to be the Government's position.
Act CI of 2021

Act […] of year 2021
on certain asset management issues and the amendment of certain Acts to strengthen the coherence of the legal system

amending certain laws relating to health, health insurance and pharmaceutical matters
…

5. On the protection of non-smokers and for the tobacco products consumption,
25. Amendment to Act XLII of 1999 on the protection of non-smokers and certain regulations on the consumption and distribution of tobacco products

and sale regulation amendment of the law Act XLII of year 1999.

39. §

Act XLII of year 1999 on the protection of non-smokers and or the tobacco products consumption, sale (hereinafter referred to as: Nvt.) (Non-smoker protection law) 1. § (x) shall be replaced by the following:
Section 68 In Act XLII of 1999 on the protection of non-smokers and certain regulations on the consumption and distribution of tobacco products (hereinafter referred to as Nvt), Section 1 (x) shall be replaced by the following:

(For the purposes of this Act)

‘x) electronic cigarette identification number: for the electronic cigarettes and refill containers notifications establishing a common format as defined in Commission Implementing Decision (EU) 2015/2183 of 24 November 2015 declared for the products in the common data input this is the product identifing number ;’;
“(x) electronic cigarette identification number: the identification number for products notified through the common electronic entry gate, as defined in Commission Implementing Decision (EU) 2015/2183 of 24 November 2015 establishing a common format for the notification of electronic cigarettes and refill containers;”

40. §
Section 69 The following Section 2/B is added to Nvt:

The Non-smoker protection law the following Article 2/B. is added to §:
“Section 2/B The consumption of smoking replacement products containing nicotine shall be prohibited in public education institutions, as well as in child welfare and child protection institutions.”

“2/B. § The consumption of the smoking replacement products containing nicotine shall be prohibited in a public education institution, as well as in children’s welfare and child protection institutions.’
Section 70 In the afore-mentioned Act Section 5 (1)-(4) shall be replaced by the following:

41. §
“(1) As regards Act CXXXIV of 2012 on reducing smoking prevalence among young people and retail of tobacco products (hereinafter: Fdvtv) no activity relating to the retail trade of the products listed in Section 1(1)(b)-(h) thereof shall be carried out in a public education institution, a social institution providing personal care, a child welfare institution, a child protection institution or a health institution.

In the Nvt: Article 7/D. § shall be replaced by the following:
(2) Tobacco products and products listed in Section 1(1)(b)-(h) of Fdvtv may not be marketed as samples of goods.

‘7/D. § (1) Manufacturers and importers of electronic cigarettes and refill containers or distributors in Hungary shall notify the public health administration six months before placing on the market any product they intend to place on the market.
(3) Tobacco products and products listed in Section 1(1)(b)-(h) of Fdvtv may not be sold from vending machines.

(2) The notification pursuant to paragraph (1) shall be submitted electronically, with the content of data specified in the Government Decree issued pursuant to the authorisation of this Act.
(4) For the purposes of this Section, the term 'retailing of tobacco products’ shall mean the term defined as such in Fdvtv.”

(3) The following shall be reported to the public health administration in accordance with paragraph (1)
Section 71 The following Section 8/A is added to Nvt:

(a) any changes relating to electronic cigarettes or refill containers affecting the technical characteristics of the product as defined in this Act or in the Government Decree issued pursuant to this Act, and
“Section 8/A (1) Section 5(1)-(4) of this Act, as established by Act CI of 2021 on certain asset management issues and the amendment of certain Acts to strengthen the coherence of the legal system (hereinafter: Módtv), serve to comply with Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.

(b) any changes in the identity and contact details of the manufacturer, importer or distributor of electronic cigarettes or refill containers in Hungary.
(2) Section 5(1)-(4) of this Act, as established by Módtv, have been subject to prior notification pursuant to Article 15(7) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.”

(4) The public health administration shall keep a record of the products described under paragraph (1), which shall include:
Section 72 In

a) the name of the notifier, the manufacturer or the importer, the distributor in Hungary,
(a) Section 1 (r) of Nvt, the words ‘containing nicotine’ shall be replaced by the words ‘containing nicotine in any form’,

b) the electronic cigarette identification number,
(b) Section 8 (3) of Nvt, the expression ‘Act CIII of 1997 on excise taxes and special regulations for the marketing of excise goods’ shall be replaced by the expression ‘Act LXVIII of 2016 on excise duty’,

c) the brand and subtype name,
(c) Section 8 (4c)(a) of Nvt, the words ‘refill containers and smoking’ are replaced by the phrase ‘refill containers, nicotine-free refill containers, smoking replacement products containing nicotine and smoking’.

d) the type of product,
Section 73 Concerning Nvt (non-smoker protection act) the following sections shall be repealed:

e) the serial number of the certificate issued on the submission,
(a) Section 7/K

f) the first day of possible placing on the market calculated pursuant to paragraph (1).
(b) Section 7/L

(5) The withdrawal from the market and repurchase of the products covered by the marketing ban on the stocks of the tobacco retailer shall be provided by the manufacturer, importer and distributor in Hungary.’
(c) Section 8(2),

42. §
(d) Section 8(4d) and

In the Nvt: Article 7/I § shall be replaced by the following:

7/I § The provisions of this chapter shall also apply to nicotine-free refill containers and to electronic devices imitating smoking.’

43. §

Before the subheading of the Non-smoker protection law ‘Closing provisions’, the following Article 7/M is added to §:

‘Rules smoking replacement products containing nicotine

7/M. § 7/C-7/G for the smoking replacement products containing nicotine.’ § provisions shall apply

44. §

In the Nvt: 8. Article (5)(a) shall be replaced by the following:

(The Government is hereby authorised to establish detailed rules on the following by decree:)

“(a) the combined warnings, health warnings and detailed rules for their application, the consumer packaging units for tobacco products and electronic cigarettes, refill containers, electronic devices imitating smoking, nicotine-free refill containers andthe smoking replacement products containing nicotinethe detailed rules for the packaging units and the conditions for smoking restrictions, and the content and form of the assigning signs and labels of the smoking limitations and the smoking places, as well as the usage of electronic cigarettes, electronic devices imitating smoking,the smoking replacement products containing nicotine furthermore other conditions of the manufacturing, distribution and control of the tobacco products, electronic cigarettes, refill containers, electronic devices imitating smoking, nicotine-free refill containers and the smoking replacement products containing nicotine, not falling within the scope of the act on excise duty.

45. §

In the Nvt:

(a) In § (1) of the Decree: In § Section (r), the words ‘containing nicotine’ shall be replaced by the words ‘containing nicotine in any form’,

b) in § (1), §  In Article (s), the words ‘nicotine-free’ shall be replaced by ‘solely nicotine-free’,

c) § 8, §  (3) paragraph ‘Act CIII of year 1997 on the special rules for the marketing of excise goods’ shall be replaced by the words ‘Act LXVIII of 2016 on Excise Duty’,

(d) In Section 8 § Article (4c) paragraph (a), the words ‘refill containers and smoking’ are replaced by ‘refill containers, nicotine-free refill containers, smoking replacement products containing nicotine and smoking’

come.

46. §

The following articles of the Nvt.(non-smokers protection law) are repealed:

(a) 7/K-7/L. §a

b) in § 8 § Article (2),

c) § 8, § (4d) paragraph, and

(d) In Section 8 § Article (5) paragraph (k).
(e) Section 8 (5)(k).