The Public Health Agency of Sweden
Updated 28 June 2019

The Act on tobacco and similar products and other supervisory authorities

The Public Health Agency of Sweden is the main supervisory authority in Sweden regarding the Act (2018:2088) on tobacco and similar products and the Decree (2019:223) on tobacco and similar products.

The Act and the Decree on tobacco and similar products

Rules regarding tobacco products are mainly regulated inthe 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:

 

Some tobacco regulations are regulated in other acts such as the Act (1994:1563) on Tobacco Tax and the Food Act (2006:804).

 

Cross-border distance sales

How to register details of your cross-border distance sales

If you are a trader with no registered office or business activity in Sweden that wishes to sell tobacco products to consumers in Sweden via cross-border distance sales, you must register your cross-border distance sales activity with the Public Health Agency of Sweden.

To make the registration process as easy as possible, we have produced a form for registering cross-border distance sales that you can use if you wish.

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

You should send details of your cross-border distance sales of tobacco products 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.

Before you can offer cross-border distance sales of tobacco products, you must have received confirmation of your registration with us. We will provide confirmation promptly.

If any of the details of your sales activity change, you must inform us immediately.

What do we mean by 'cross-border distance sales of tobacco products'?

Cross-border distance sales are when a trader who has no registered office or business activity in Sweden supplies tobacco products to consumers in Sweden from another country.

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

If your business involves cross-border distance sales of tobacco products, you must also exercise self-monitoring in respect of your sales and ensure that your business has a suitable 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 tobacco products 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

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 5-7 and 21 of the Act on Tobacco and Similar Products (2018:2088).

Fees for tobacco products

The Public Health Agency of Sweden's Regulations on charges for tobacco products (HSLF-FS 2018:5)

The Public Health Agency of Sweden decided on new regulations on 1 March 2018. These regulations include provisions about when and how a charge for tobacco products should be paid.

These regulations entered into force on 26 March 2018.

The Public Health Agency of Sweden levies charges for tobacco products

The Public Health Agency of Sweden levies charges for the information that you, as a manufacturer or importer of tobacco products, report to us via the EU web portal, EU-CEG. This information relates to ingredients in tobacco products that you intend to make available to consumers in Sweden.

The obligation to pay charges for tobacco products applies to the reports made from and including 1 August 2017.

Those providing information about tobacco products must pay a charge for each brand and type:

  • the first time that information is provided to the Public Health Agency of Sweden
  • at the time of the annual reporting of market surveys, studies, etc., conducted for the Public Health Agency of Sweden
  • if the composition of a reported product is modified in a way that affects the previously provided information.

How charges are paid

The Public Health Agency of Sweden 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 Public Health Agency of Sweden.

We obtain contact details for manufacturers and importers, as well as information about what goods and products have been notified, from EU-CEG. It is therefore important for the information in EU-CEG to be complete and correct, including contact details for email and postal addresses.

How much is the charge?

The charge for reporting tobacco products is:

  • SEK 21,200 for cigarettes
  • SEK 17,200 for roll-your-own tobacco
  • SEK 13,200 for tobacco for oral use
  • SEK 13,600 for tobacco products that are not cigarettes, roll-your-own tobacco and tobacco for oral use.

The charge for the annual reporting of tobacco products is:

  • SEK 23,000 for cigarettes
  • SEK 21,500 for roll-your-own tobacco
  • SEK 900 for tobacco for oral use
  • SEK 2,700 for tobacco products that are not cigarettes, roll-your-own tobacco and tobacco for oral use.

Which rules govern these charges?

 The right for the Public Health Agency of Sweden to levy a charge for tobacco products is laid down in Chapter 8 Section 3 of the Act (2018:2088) on tobacco and similar products, and in Chapter 7 Section 1 of the Decree (2019:223) on tobacco and similar products.
The amount of the charges is indicated by Chapter 7 Sections 2 and 3 of the Decree on tobacco and similar products.

The Public Health Agency of Sweden's Regulations on implementation of the provisions on charges for tobacco products (HSLF-FS 2018:5) indicate how these charges are levied.

Personal data

See Processing of personal data 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.

Recalled tobacco products

A tobacco product that is recalled might be affected by the yearly reporting fee if the reporting is registered by 1 August 2017 or after.

Other supervisory authorities on national level

The Consumer Ombudsman

The Consumer Ombudsman, The Swedish Consumer Agency, is the supervisory authority regarding marketing, 14-14 b §§ Tobacco Act (1993:581).
The Consumer Ombudsman

The Swedish Work Environment Authority

The Swedish Work Environment Authority is the supervisory authority regarding premises and other facilities, that is only franchised for staff, referred to in 2 §, and premises and other facilities in which 8 § will be applied, Tobacco Act (1993:581).
The Swedish Work Environment Authority

Supervisory authority on related acts

The Swedish Tax Agency (Act (1994:1563) on Tobacco Tax)

The Swedish Tax Agency is the supervisory authority regarding the Act (1994:1563) on Tobacco Tax. Among other things this act regulates tax stamps, price marks etc. on unit packet of cigarettes. If you have any questions regarding tax issues, please contact the Swedish Tax Agency.

The Swedish Tax Agency

The National Food Agency (Food Act (2006:804))

The National Food Agency is the supervisory authority regarding the Food Act (2006:804). Among other things this act regulates chewing tobacco and tobacco for oral use as food. The National Food Agency has issued rules regarding chewing tobacco and tobacco for oral use, LIVSFS 2012:6. If you have any questions regarding this act or the issued rules, please contact the National Food Agency.

The National Food Agency