Cross-border distance selling of tobacco products to consumers - register as a resident

Both German and foreign companies sell tobacco products and electronic cigarettes or refill containers to consumers, primarily via the Internet.

You must register your company for this purpose.

This applies to

  • companies based in Germany that offer such products at a distance to consumers in other EU Member States and
  • companies based in other EU Member States or in third countries that offer such products at a distance to consumers in Germany.

Prerequisite

You have a company based in Baden-Württemberg that sells tobacco products to consumers in other EU member states via distance selling, for example on the Internet.

You do not have to register if you

  • only engage in cross-border distance selling with other economic operators (business-to-business trade) or
  • if you are based in Baden-Württemberg and only supply consumers within Germany.

Responsible department

The competent authority for companies based in Baden-Württemberg is the lower food monitoring authority.

The lower food monitoring authority is

  • if you live in an urban district: the city administration
  • if you live in a rural district: the district office

Procedure

You must apply for registration at your registered office and in all EU member states in which you offer tobacco products for distance sale to consumers.

Use the Cross Border Distance Sale Registration Form.

Complete it and send it to the competent authority in Baden-Württemberg.

If the requirements of Section 22 of the Tobacco Products Act are met, the competent authority will confirm your registration.

Note: Please note that the competent authority must publish a list of the companies it has registered, including the trade names and internet addresses.

Deadlines

You may only supply relevant products to consumers via cross-border distance selling after the competent authority of the respective member state has confirmed the registration.

Required documents

  • fully completed registration form
  • A description or proof of the age verification system must be available. In Germany, the sale and distribution of tobacco products and alcohol to persons under the age of 18 is prohibited under Section 10 of the Youth Protection Act.
  • If your company is based in another EU Member State and has already received a confirmation of registration from the competent authority in that Member State, you must enclose a copy of the registration with this application.

Costs

none

Note: The authority will not reimburse you for any costs, such as postage, that you incur for submitting the application.

Processing time

No processing time is specified.

The competent authority will confirm your registration once the form has been checked. Or it will ask you to provide any missing information.

Miscellaneous

The Animal Health, Animal Welfare and Consumer Protection Unit at the Tübingen Regional Council publishes an overview of all companies that have submitted an application for registration in Baden-Württemberg and have been included in the list of registered companies by the date stated.

Appeal

none

Legal basis

  • Tabakerzeugnisgesetz
  • Tabakerzeugnisverordnung
  • EU-Tabakproduktrichtlinie (Richtlinie 2014/40/EU)
  • Jugendschutzgesetz

Release note

machine generated, based on the German release by: Ministerium für Ernährung, Ländlichen Raum und Verbraucherschutz Baden-Württemberg 21.06.2024