10/26/2020 Regulatory report: Austria - ECigIntelligence
federalism is often considered theoretical because the central government holds the overwhelming majority of power. For the e-cigarette industry, the most important responsibilities of the individual states are youth protection and urban planning.
The bicameral Austrian parliament consists of the National Council (Nationalrat) and the Federal Council(Bundesrat). Three political parties dominate both chambers: the conservative Austrian People’s Party (ÖVP), the left-wing Social Democratic Party of Austria (SPÖ), and the far-right Freedom Party of Austria (FPÖ).
Between December 2017 and June 2019, Austria was governed by the coalition of the centre-right Austrian People’s Party (ÖVP) and the right-wing populist Freedom Party of Austria (FPÖ). Sebastian Kurz, leader of the ÖVP, was the chancellor of Austria (the equivalent of prime minister) until June 2019. Following the resignation of FPÖ ministers from the coalition government over a corruption scandal involving party leader and former vice-chancellor Heinz-Christian Strache, at the end of May 2019 Kurz’s technocratic government received a vote of no confidence from the National Council. On 3rd June, president Alexander Van der Bellen (in office since January 2017) swore in a new technocratic government and appointed Brigitte Bierlein as chancellor. After the September 2019 snap elections, a new coalition of ÖVP with the Green Party was formed, and Sebastian Kurz was re-elected the chancellor of Austria.
As Heinz-Christian Strache had vehemently opposed the introduction of a comprehensive ban on smoking and vaping in bars and restaurants, the interim government (ÖVP with the Green Party and Sebastian Kurz as the chancellor of Austria) seized the opportunity to tighten anti-smoking laws, notably by extending the public ban to restaurants and bars, effective as of November 2019 (for more details see the section on Public usage).
As for the government’s stance towards e-cigarettes’ role in the harm-reduction policy, the Federal Ministry of Social Affairs, Health, Care and Consumer Protection (Ministry of Health), via its website as well as via the Rauchfrei (Smoke-free) platform, claims that vaping increases the likelihood of starting to smoke and that e- cigarettes are particularly attractive to children and youth due to their fruity and sweet aromas. It also says e-cigarettes are not harmless and are neither to be considered a less harmful alternative to smoking, nor a proven smoking cessation tool.
National regulatory framework
The Tobacco and Non-Smoker Protection Act (TNRSG; English version), transposing the European Tobacco Products Directive (TPD) into Austrian law, came into force on 20th May 2016.
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