# The Tobacco and Related Products Regulations 2016, Regulation 41: Interpretation of Part 7


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

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Source: https://www.legislation.gov.uk/uksi/2016/507/regulation/41 (the official version)
Page: https://openlegislation.uk/tobacco-and-related-products-regulations-2016/regulation-41
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.