Just had a reply from one of my MEPs - this from the Lib Dem:
Refillable tanks and the two year report
The legislation requires the European Commission to report back in two years on the safety of refillable cartridges. It will give time for manufacturers to demonstrate the safety of their products. This does not mean they are being phased out after two years, it means there will be a discussion.
More information on safety is better than less and vapers will want to know if the products they use are safe or not.
Banning certain products
it is not the case that if three countries ban refillable cartridges they will be banned everywhere. Instead if three countries can prove that there is a safety risk with a particular type or brand or cartridge then the European Commission can adopt measures to ban it. However, this will only apply to the specific product, not to all of them, plus the European Parliament has the right to veto any such ban.
E-liquid concentrations
There will be a ban on liquids containing a higher concentration of nicotine than 20mg/ml and a ban on having more than 2ml of liquid in an e-cig. That means there will be a maximum of 40mg (20mg/ml x 2 ml) in any one e-cig.
There will also be a limit of 10ml liquid in any one refill bottle but no limit on the number of bottles you can buy.
There are no regulations as to flow rate through an e-cig. (I understand that some studies have shown that the concentration of nicotine in a puff is dependent more on the e-cigarette than the liquid concentration).
These are safety measures. A spoonful of concentrated nicotine could kill a child and restrictions of some kind were inevitable. The original proposal was for a restriction of 4mg/ml and no refillable cartridges so this is a far better deal than we could have expected.
Child proofing
Cartridges and refill bottles will need to be childproof and not leak during refilling
Flavourings
These will be regulated at the level of individual countries but, importantly, no country will be able to ban a flavour that is allowed in another country and cross border sales will be allowed. Under single market rules if you can’t buy a flavour in the UK you will still be able to do so from another member state.
Consumer information
E-cig manufacturers will have to let governments know within six months what ingredients are in their liquids. They will have to include leaflets and labels including health warnings that nicotine is bad for you and that e-cigs aren’t for the use of non smokers.
Advertising will also be severely restricted.
Pharmaceutical regulation
A manufacturer will be able to apply for medicinal approval if they want to make health claims about their products, but in general the EU will not classify e-cigs as medicines.
It is still possible for any government to insist that e-cigs should be classified as pharmaceutical products in their own country. The same legislation can apply to any product, but there might be legal grounds for challenging it if applied to e-cigs. But the new EU rules provide an alternative legal framework for controlling e-cigs so fewer governments are likely to take the pharmaceutical route. Ultimately this decision will be taken in London not in Brussels.