Zero Nic in EU

Within the European Union, zero nicotine liquids must be compliant with the General Product Safety Directive and CLP Regulation.
In addition, some Member States place zero nicotine liquids under TPD.

Let’s see what this means.

Zero nic liquids & General Product Safety Directive and CLP Reg.

Zero nicotine liquids, in each Member States of European Union, must comply to General Product Safety Directive and CLP Regulation; so, they must meet specific requirements:

as chemical mixtures, even zero nicotine liquids must be classified according to the CLP criteria; on the basis of the classifications, the elements to be included on the label (e.g. pictogram, hazard and precautionary statements, etc.) will be identified. If classified as hazardous, zero nicotine liquids require a SDS (Safet Data Sheet);
the CLP Regulation also requires the registration of dangerous mixtures at the national dedicated archives;
the General Product Safety Directive requires the insertion on the label of the correct and relevant identification/name of the product, together with the instructions for use.

Zero nic liquids & TPD

Some Member States place zero nicotine liquids under TPD.

In this cases, together with the obligations imposed by the General Product Safety Directive and the CLP Regulation, all the requirements of the TPD must also be applied to the zero nicotine;

among the main ones, we remember:

notification;
sales volume communication;
refill containers volume ≤10ml;
cartridges or tanks volume ≤2ml;
packaging and labeling;
restrictions on marketing and cross-border sales.

Member States that place zero nic under TPD

Member State	Notification	Sales Volume	Notification Fee per product	Annual Fee per product	Taxation
Austria	Required	31 May	No	0,40 €/10 ml	Request forwarded to the relevant Authority
Czech Republic	Required	31 May	No	No	No
Estonia	Required	1 July	No	No	0,20 €/ml
Germany	Voluntary	30 June	No	No	No
Greece	Required	30 March	50 €	Request forwarded to the relevant Authority	Request forwarded to the relevant Authority
Luxembourg	Required	31 March	5.000 €	Request forwarded to the relevant Authority	No
The Netherlands	Required	15 June	44,85 €	Request forwarded to the relevant Authority	Request forwarded to the relevant Authority
Hungary	Required for disposable e-cig	1 March	approx 1.500 €	approx 1.500 €	Request forwarded to the relevant Authority

Member State
Austria Notification: Required Sales Volume: 31 May Notification Fee: No Annual Fee: 0,40 €/10 ml Taxation: Request forwarded to the Authority
Czech Republic Notification: Required Sales Volume: 31 May Notification Fee: No Annual Fee: No Taxation: No
Estonia Notification: Required Sales Volume: 1 July Notification Fee: No Annual Fee: No Taxation: 0,20 €/ml
Germany Notification: Voluntary Sales Volume: 30 June Notification Fee: No Annual Fee: No Taxation: No
Greece Notification: Required Sales Volume: 30 March Notification Fee: 50 € Annual Fee: Request forwarded to the Authority Taxation: Request forwarded to the Authority
Luxembourg Notification: Required Sales Volume: 31 March Notification Fee: 5.000 € Annual Fee: Request forwarded to the Authority Taxation: No
The Netherlands Notification: Required Sales Volume: 15 June Notification Fee: 44,85 € Annual Fee: Request forwarded to the Authority Taxation: Request forwarded to the Authority
Hungary Notification: Required for disposable e-cig Sales Volume: 1 March Notification Fee: approx 1.500 € Annual Fee: approx 1.500 € Taxation: Request forwarded to the Authority

Member State

Austria

Notification: Required
Sales Volume: 31 May
Notification Fee: No
Annual Fee: 0,40 €/10 ml
Taxation: Request forwarded to the Authority

Czech Republic

Notification: Required
Sales Volume: 31 May
Notification Fee: No
Annual Fee: No
Taxation: No

Estonia

Notification: Required
Sales Volume: 1 July
Notification Fee: No
Annual Fee: No
Taxation: 0,20 €/ml

Germany

Notification: Voluntary
Sales Volume: 30 June
Notification Fee: No
Annual Fee: No
Taxation: No

Greece

Notification: Required
Sales Volume: 30 March
Notification Fee: 50 €
Annual Fee: Request forwarded to the Authority
Taxation: Request forwarded to the Authority

Luxembourg

Notification: Required
Sales Volume: 31 March
Notification Fee: 5.000 €
Annual Fee: Request forwarded to the Authority
Taxation: No

The Netherlands

Notification: Required
Sales Volume: 15 June
Notification Fee: 44,85 €
Annual Fee: Request forwarded to the Authority
Taxation: Request forwarded to the Authority

Hungary

Notification: Required for disposable e-cig
Sales Volume: 1 March
Notification Fee: approx 1.500 €
Annual Fee: approx 1.500 €
Taxation: Request forwarded to the Authority

The remaining Member States do not place zero nicotine liquids under TPD but they must comply with the requirements of the General Product Safety Directive and the CLP Regulation.

However, in some Member States, particular conditions are applied:

Cyprus applies to zero nic a 0,12 €/ml taxation;
Italy applies to zero nic a 0,040032 €/ml taxation and requires PLI code released by AAMS (Italian Customs and Monopoly Agency).

Are your zero nic liquids sold in EU compliant to CLP and Consumer Code?

Are you selling in the States that place zero nic under TPD?

Contact us for support!

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