G/TBT/N/POL/7

29 April 2026

(26-3228)

Committee on Technical Barriers to Trade

Original: English

1.

Notifying Member: POLAND

If applicable, name of local government involved (Articles 3.2 and 7.2):

2.

Agency responsible:

Ministry of Health Republic of Poland

Department of Public Health

Miodowa 15, 00-952 Warszawa

Phone: (+48 22) 53-00-318, e-mail: dep-zp@mz.gov.pl

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], Other:

4.

Products covered (HS codes or national tariff lines. ICS numbers may be provided in addition, where applicable): Disposable electronic cigarettes with and without nicotine liquid, nicotine pouches, other nicotine products, electronic cigarettes refill container packaging.

5.

Details of notified document(s) (title, number of pages and languages, means of access): Draft Act amending the Act on the protection of health against the effects of using tobacco and tobacco products (governmental document no.: UD 213); 6 pages in Polish + justification and other related documents.

Link to notified document(s) and/or contact details for agency or authority which can provide copies upon request:

https://members.wto.org/crnattachments/2026/TBT/POL/26_02269_00_x.pdf

https://legislacja.rcl.gov.pl/projekt/12398803/katalog/13134759#13134759

Ministry of Health Republic of Poland

Department of Public Health

Miodowa 15, 00-952 Warszawa

Phone: (+48 22) 53-00-318, e-mail: dep-zp@mz.gov.pl

6.

Description of content: The proposed amendment to the Act on the Protection of Health from the Consequences of Using Tobacco and Tobacco Products includes a number of key changes aimed at strengthening regulations regarding new nicotine products and electronic cigarettes, as well as aligning the regulations with international and EU standards. The draft act proposes:

- introducing a ban on the sale of disposable electronic cigarettes, both with and without nicotine;

- extending the ban to include the sale of flavored nicotine pouches (except for tobacco flavor) and other nicotine products that are currently not subject to Directive 2014/40/EU and the provisions of the Act – it is proposed that these products be available only under the pharmaceutical regime after obtaining appropriate permits;

- establishing new criminal sanctions to effectively enforce the regulations, including significant fines and imprisonment for violating the sales ban and for obstructing the sampling of these products;

- introducing labeling of e-cigarette liquid containers to enable their identification;

- establishing transitional periods for the withdrawal from the market of products that do not meet the new requirements.

The draft law is part of broader efforts to limit the availability and harmfulness of new forms of consumption of nicotine and tobacco products, with the aim of protecting public health and adapting Polish law to international standards.

7.

Objective and rationale, including the nature of urgent problems where applicable: Protection of human health or safety

8.

Relevant documents:

Draft Act amending the Act on the protection of health against the effects of using tobacco and tobacco products:

https://legislacja.rcl.gov.pl/projekt/12398803/katalog/13134759#13134759

9.

Proposed date of adoption: 1 January 2027

Proposed date of entry into force: After 6 months from the date of publication in the Journal of Laws of the Republic of Poland

10.

Provision of comments

Final date for comments: 28 June 2026

[X] 60 days from notification

Contact details of agency or authority designated to handle comments regarding the notification:

Ministry of Health Republic of Poland

Department of Public Health

Miodowa 15, 00-952 Warszawa,

e-mail: dep-zp@mz.gov.pl