Youth Protection Act

The European Parliament, with the approval of the Council of the European Union, has enacted the following law:

Definitions

(1) For the purposes of this law:

1. Children are individuals who have not yet reached the age of 14.
2. Adolescents are individuals who are at least 14 but not yet 18 years old.
3. A person with parental authority is any individual who, either alone or jointly with another person, has legal custody under the provisions of European family law.
4. A designated guardian is any person over 18 years old who, either permanently or temporarily, assumes educational responsibilities based on an agreement with the person with parental authority or who supervises a child or adolescent within the framework of education or youth welfare services.

(2) Physical media under this law refer to media containing texts, images, or sounds on tangible carriers intended for distribution, direct perception, or integration into a presentation or playback device. The electronic distribution, provision, offering, or accessibility of such media is considered equivalent to their physical distribution unless it falls under broadcasting as defined by European broadcasting regulations.

(3) Telemedia under this law are media transmitted or made accessible under the European Telemedia Directive. Making content available or transmitting it, whether self-created or third-party content, is considered an act of provision under this law.

(4) Mail-order trade refers to any paid transaction in which goods are ordered and shipped via postal or electronic delivery without personal contact between the supplier and the customer or without ensuring that delivery to children and adolescents is prevented.

(5) The provisions of Articles 2 to 14 of this law do not apply to married adolescents.

Verification and Proof Obligations

(1) If this law requires the presence of a designated guardian, the persons defined in Article 1, Paragraph 1, No. 4 must provide proof of their authorization upon request. Event organizers and commercial traders are required to verify this authorization in cases of doubt.

(2) Individuals subject to age restrictions under this law must provide suitable proof of their age upon request. Event organizers and commercial traders must verify the age in cases of doubt.

Smoking in Public & Tobacco Products

(1) In restaurants, retail stores, or public spaces, tobacco products and other nicotine-containing substances, as well as their containers, may not be sold to or consumed by children or adolescents.

(2) Tobacco products and other nicotine-containing substances may not be offered in vending machines in public spaces unless:

1. The machine is installed in a location inaccessible to children and adolescents, or
2. The machine has technical safeguards or constant supervision to ensure that minors cannot access tobacco products.

(3) Tobacco and nicotine-containing products may not be sold or shipped to minors via mail-order trade.

(4) Paragraphs 1 to 3 also apply to nicotine-free products such as electronic cigarettes or electronic shishas, where liquid is vaporized using a heating element, and the resulting aerosols are inhaled, as well as their containers.

Additional Information

This law is designed to protect children and adolescents from the dangers of tobacco consumption and establishes clear regulations for the sale, distribution, and provision of tobacco and nicotine products, including nicotine-free alternatives. Compliance with these regulations is mandatory for all businesses, event organizers, and vendors of tobacco-related products.