Cross Boarder Sales – A Letter From Germany

Some of my customers have had some unexpected letters from the German Authorities this week, the letters entirely in German have arrived out of the blue. Having translated one the letters we can confirm that it is confirmation that an application for cross boarder sales has been accepted. We applied for these in 2016, so it has taken some time to process. Now many of my customers forgot all about cross boarder sales, but its worth thinking about it again.

Cross boarder sales of tobacco products is prohibited in Europe, defined as selling from one country to a consumer in another country, so when electronic cigarettes came under tobacco legislation this was considered and a provision was made that countries would be given freedom to allow cross boarder sales of electronic cigarettes and eliquid or not. Where they are allowed an application / notification had to be made to both the country the company was based in and the country they planned on selling 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

So you can check,

There is a list of registered companies – you can check your status here https://www.gov.uk/government/publications/tobacco-products-and-e-cigarette-cross-border-sales-registration

And if your not registered you can fill in the form and get yourself on the list, do remember however that you need to also 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 boarder sales without applying first. The big anomaly in this process is Denmark, that state you can engage in cross boarder sales, have a website, but then write to anybody who applies and tell you your not allowed to engage in cross boarder sales.