Cross-border sales – a letter from Germany

29 October 2019

Some of our customers have had unexpected letters from the German authorities this week. We have translated one of the letters. The letter confirms that an application for cross-border sales has been accepted. The applications were submitted in 2016… Not surprisingly, some customers have forgotten all about cross-border sales.

Defined as selling from one country to a consumer in another country, cross-border sales of tobacco products is prohibited in Europe. When electronic cigarettes came under tobacco legislation, a provision was made to give countries the freedom to allow or not allow cross-border sales of electronic cigarettes and eliquid. Where sales are allowed, an application was required to both the country the company was based in, and the country they wished to sell to. The latest list of countries can be found on the Public Health England website https://www.gov.uk/government/publications/tobacco-products-and-e-cigarette-cross-border-sales-registration/member-states-that-permit-cross-border-distance-sales-of-e-cigarettes-andor-tobacco-products

How to check your company’s cross-border status
Go to the list of registered retailers https://www.gov.uk/government/publications/tobacco-products-and-e-cigarette-cross-border-sales-registration If your company is not registered, complete and return the registration form. Remember to apply at the target country – a link to this is provided on the PHE website (link above). It is an offence to engage in cross-border sales without applying first.

Note: there is a list of member states that permit cross-border sales – check this list first before making your application.

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