Trade in tobacco products, electronic cigarettes and refill containers in Sweden, including cross-border distance sales to Sweden.
The Public Health Agency of Sweden’s regulations on self-monitoring programmes for the sale of tobacco products, electronic cigarettes and refill containers
The Act on tobacco and similar products (2018:2088) contains provisions on trade in tobacco products, electronic cigarettes, and refill containers. Traders shall exercise specific control (self-monitoring) over their sales and ensure that they have a self-monitoring programme, which shall also be attached when traders apply for licences, register, or notify their activities. The Act was issued by the Riksdag on 20 December 2018 following notification; the provisions relevant in this context enter into force on 1 July 2019.
The draft regulations now notified govern the content of the self-monitoring programmes in retail and wholesale trade, when the trader has their registered office or permanent establishment in Sweden, or in case of cross-border distance sales from other country to Sweden. The draft contains provisions on minimum requirements which stipulate what a self-monitoring programme shall contain and that it shall be kept up to date. This means that the self-monitoring programme shall state what procedures the trader has which ensure compliance with the provisions of the Act on tobacco and similar products as regards, inter alia, labelling (including safety features and identifiers), age verification, information at the point of sale, including the ban on advertising and other marketing.
The draft which is now being notified does not apply to distance sales from retailers in Sweden to consumers in other Member States; such distance sales are subject to the provisions in the country of destination, i.e. the Member State in which the consumer is located.
The draft constitutes supplementary provisions to the Swedish sectoral rules on self-monitoring and self-monitoring programmes in the Act (2018:2088) on tobacco and similar products.