Cross-border sales of vaping products are regulated by Article 20 Paragraph 6 of the TPD and by specific national regulations. Not all Member States therefore have the same position on this matter. Let’s find out more.
What are cross-border sales?
The TPD itself, in Art. 2 (34), defines “cross-border distance sales” as distance sales to consumers in which, when ordering the product at a resale, the consumer is in a different Member State by the Member State or third country of establishment of such resale. A resale is deemed to be established in a Member State.
The definition therefore does not refer to B2B sales but to retail trade.
What does TPD say about cross-border sales?
Art. 18 of the TPD regulates cross-border sales of tobacco products by defining that Member States may prohibit cross-border distance sales of tobacco products to consumers.
Art. 20 specifies that Article 18 of the TPD applies to the cross-border distance sales of electronic cigarettes and refill containers.
How do member States regulate cross-border sales?
The European Member States have not acquired a homogeneous position towards the cross-border sales of electronic cigarettes and refill liquids: if in fact several States prohibit them, many others allow them according to the indications described in national regulations. These indications often require registration to be made with the competent Authorities in specific ways.
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