Rules regarding e-cigarettes and refill containers

General information

Rules regarding e-cigarettes and refill containers are mainly regulated in the Act on tobacco and similar products, the Decree on tobacco and similar products and The Public Health Agency of Sweden issued rules.

There are no official translations of the Act, the Decree or issued rules into English or any other language. Links to the regulation in Swedish:

• Act (2018:2088) on tobacco and similar products 
• Decree (2019:223) on tobacco and similar products 

Language requirements

The information leaflet and the list of ingredients for the electronic cigarettes and refill containers placed on the Swedish market, must be in Swedish.

General rules for chemical products

 General rules for chemical products also apply on electronic cigarettes and refill containers.

Read more about general rules for chemical products on Swedish Chemicals Agency's website

Cross-border distance sale

How to register details of your cross-border distance sales

If your business intends to offer cross-border distance sales of e-cigarettes or refill containers, you must first register details of your activity with the Public Health Agency of Sweden. You must also have received confirmation of your registration with us. We will provide confirmation promptly.

The following form is provided to make it easier for you to register your cross-border distance sales activity with us:

• Registration – Cross-border distance sales of electronic cigarettes and refill containers.docx (37 kB)

There is no obligation to use this form.

When you register your cross-border distance sales, you must also submit your own self-monitoring programme.

If any details of your sales activity change, you must notify the Public Health Agency of Sweden without delay.

Where to send your registration details

You should send registration details for your cross-border distance sales of electronic cigarettes and refill containers to the Public Health Agency of Sweden, either by email or by post.

Email: info@folkhalsomyndigheten.se

Postal addresses:
Public Health Agency of Sweden, Enheten för produktkontroll/Product Control Unit, 831 40 Östersund, Sweden
Public Health Agency of Sweden, Enheten för produktkontroll/Product Control Unit, 171 82 Solna, Sweden

Definition of 'cross-border distance sales of e-cigarettes or refill containers'

Cross-border distance sales are when a trader supplies e-cigarettes or refill containers for sale to consumers in a country other than the country in which the trader's registered office or business activity is located.

Self-monitoring and self-monitoring programme for cross-border distance sales

If your business involves cross-border distance sales of electronic cigarettes or refill containers, you must exercise self-monitoring to manage your sales and make sure your business has an appropriate self-monitoring programme.

The self-monitoring and self-monitoring programme are there to support you in your business. The programme will also act as a checklist to help ensure your business complies with legal requirements. You will undertake all control activities yourself. This includes making sure that your business is making the appropriate checks on age and that your staff do not sell e-cigarettes to anyone under the age of 18.

For guidance on what to include in an internal control programme, see the link below. The guidance includes specific sections for anyone intending to offer, or already offering, cross-border distance sales.

Guidance

Handling personal data in cross-border distance sales

Businesses whose trade involves cross-border distance sales of tobacco products, electronic cigarettes or refill containers may not disclose consumers' personal details to the producers of such goods and products, companies who are part of the same group of companies or a third party.

In addition, personal details must not be used or transferred for any purpose other than for the current purchase.

Where can I find the regulations?

The regulations on cross-border distance sales are set out in Chapter 5, paragraphs 16, 17 and 21 of the Act on Tobacco and Similar Products (2018:2088).

How to notify us of a product that is not safe or does not comply with the Act (2018:2088) on tobacco and similar products

You as a manufacturer, importer or distributor of electronic cigarettes or refill containers must immediately notify the Public Health Agency of Sweden if you believe, or have reason to believe that a product is not safe, is not of good quality, or does not comply with the Act.

Use the form Notification of unsafe product where you state:

• the defects of the product and the risks involved
• the measures taken to handle the defects
• the results of such measures taken.

Unsafe products sold in Sweden

Download and fill in the form Notification of unsafe product

Unsafe products sold in various EU or EFTA countries

In order to facilitate for you as a company, the European Commission has a system called "Product Safety Business Alert Gateway". There you can submit a notification of the measures you have taken after having sold an unsafe product.

Fees for electronic cigarettes and refill containers

The Public Health Agency of Sweden levies charges for electronic cigarettes and refill containers

The Public Health Agency of Sweden levies charges for the information that manufacturers and importers of electronic cigarettes and refill containers, notify to us via the EU web portal, EU-CEG. This information relates to ingredients in electronic cigarettes and refill containers that are intended to be made available to consumers on the Swedish market.

The obligation to pay charges for electronic cigarettes and refill containers applies to the product notifications from the 15th of November 2017.

Those notifying electronic cigarettes and refill containers must pay a charge for each brand and type:

• the first time information of a product is notified
• for the relaunch of a withdrawn product
• for a new notification of a previously rejected product
• if the composition of a notified product is modified in a way that affects  the previously provided information (substantial modification).

Product notifications will be rejected if the charges are not paid, which means that the products may not be made available to consumers on the Swedish market.

How charges are paid

The Public Health Agency of Sweden (the Agency) will send payment instructions indicating: how much you should pay; the account to which payment should be made; and also the deadline by which payment must be received by the Agency.

If payment has not been received by the Agency within 30 days of the Agency instructing how the payment is to be made, the product notification may be rejected. If the product notification is rejected, this means that the product may not be made available to consumers on the Swedish market.

We obtain contact details for manufacturers and importers, as well as information on which products have been notified, from EU-CEG. It is therefore important that the information in EU-CEG is correct and up to date, including contact details for email and postal addresses.

How much is the charge?

The charge is:

• SEK 3,000 the first time a product is notified or a new notification is submitted for a previously withdrawn or rejected product
• SEK 2,500 for each notification of a substantial modification of a product.

Which rules govern these charges?

The right for the Public Health Agency of Sweden to levy a charge for electronic cigarettes and refill containers is laid down in chapter 8 Section 4 of the Act (2018:2088) on tobacco and similar products.

The amount of the charges and how the charges will be levied is indicated by chapter 7 Section 5-8 of the Decree (2019:223) on tobacco and similar products.

Personal data

See Behandling av personuppgifter for information about how the Public Health Agency of Sweden processes personal data.

Do you have any questions?

Contact us on info@folkhalsomyndigheten.se if you have any questions relating to charges.