Italy’s Ministry of Enterprises and Made in Italy has submitted a detailed objection to the European Commission regarding Ireland’s draft Public Health (Single-Use Vapes) Bill 2025. The intervention has triggered an automatic extension of the regulatory standstill period to June 19, 2026, halting Ireland’s plans to prohibit the retail sale of disposable vapes.
Standstill Period Delayed to June 2026
Ireland notified the European Commission of its draft legislation on December 18, 2025, aiming to outlaw all single-use e-cigarettes, whether they contain nicotine or not. Under EU Directive 2015/1535, Italy’s formal objection on March 19, 2026, prevents Ireland from enacting the bill while the Commission reviews the market dispute.
Internal Trade Breaches and Proportionality Concerns
Italy argues that the Irish draft lacks sufficient scientific backing and creates illegal quantitative trade barriers under Article 34 of the TFEU. The objection emphasizes that the ban conflicts with Article 24 of the Tobacco Products Directive (2014/40/EU), which permits specific product bans only under substantiated, exceptional public health circumstances.
Rome also highlighted a failure of proportionality. Instead of imposing an outright ban, Ireland could have deployed targeted measures, such as mandatory digital age checks, educational campaigns, or differentiated tax rates. Italy warned that unilateral bans threaten the freedom of establishment (Article 49 TFEU) and risk fragmenting the European single market.
