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”—
- 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
- 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”;
- a
“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 —
- a
one or more member States,
- b
Northern Ireland, or
- c
Northern Ireland and one or more member States;
- a
F2“ third country ” means a country other than—
- a
Northern Ireland, or
- b
a member State.
- a
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.