PART 7Electronic cigarette advertising

Interpretation of Part 741

1

In this Part “electronic cigarette advertisement” means an advertisement with—

a

the aim of promoting an electronic cigarette or refill container; or

b

the direct or indirect effect of promoting one.

2

In this Part—

  • the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) M1;

  • “information society services”—

    1. a

      has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations M2); and

    2. b

      is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

  • recipient” means a person who (whether for professional purposes or otherwise) uses an information society service, in particular for seeking information or making it accessible;

  • service provider” means a person providing an information society service;

  • F1 the Union market ” means the market of —

    1. a

      one or more member States,

    2. b

      Northern Ireland, or

    3. c

      Northern Ireland and one or more member States;

  • F2 third country ” means a country other than—

    1. a

      Northern Ireland, or

    2. b

      a member State.

3

For the purposes of this Part, a service provider is established in a particular EEA State, if the service provider—

a

effectively pursues an economic activity in that EEA State using a fixed establishment for an indefinite period; and

b

is a national of an EEA State, or a company or firm as mentioned in Article 54 of the Treaty on the Functioning of the European Union M3.

4

The presence or use in a particular place of equipment or other technical means of providing an information society service is not itself sufficient to constitute the establishment of a service provider.

5

Where it cannot be decided from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.