The Tobacco and Related Products Regulations 2016

Interpretation of Part 7

41.—(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)(1);

“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(2)); 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”;

“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;

“the Union market” means the market of one or more member States; and

“third country” means a state which is not 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 (3).

(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.

(1)

OJ L 178, 17.7.2000, p.1.

(2)

OJ L 204, 21.7.1998, p.37, as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18).

(3)

Cm 7310.