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Information | Austria Electronic Cigarette Frequently Asked Questions Compilation
Author.
LCS
Source:
Post time:
2024-06-05
The purpose of the EU Tobacco Products Directive 2014/40/EU-TPD II is to coordinate the legal and administrative regulations of member states on tobacco and related products, as well as to discourage young people from starting to consume general tobacco products, especially e-cigarettes, and promote a high level of protection for human health.
As one of the 27 member states of the European Union, Austria has an obligation under EU law to translate the requirements of the EU Tobacco Directive into its domestic regulations.
The Tobacco and Non Smoking Protection Act (Tabak und Nichtraucherinen bzw. Nichtraucherschutzgesetz – TNRSG) is a regulation in Austria that implements the requirements of the EU Tobacco Products Directive.
The Federal Department of Social Affairs, Health, Care, and Consumer Protection (Das Bundesministerium f ü r Soziales, Gesundheit, Pflege und Konsumentenschutz, BMSGPK) is responsible for monitoring compliance with the Tobacco and Non Smoker Protection Act (TNRSG) and is therefore responsible for inspecting tobacco products or related products placed on the market in Austria.
Frequently Asked Questions (FAQs)
Why do we need to check?
Intended to ensure that only products that meet legal requirements can be wholesale and retail. These regulatory measures help protect consumers and economic operators, as well as young people and public health.
2. What content should be checked?
Specifically, during the inspection, the following aspects will be checked:
Existing product range (such as cigarettes, cigars, e-cigarettes, liquid or supplementary containers, hookah, herbal smoking products, etc.)
Product Description
Appearance, display, and labeling
Documents related to the product (such as delivery notes, invoices, etc.)
Production conditions (manufacturer)
Has the manufacturer and/or importer correctly notified the product in EU-CEG
Payment of unified annual fees
3. Who is bound by the notification obligation under the Tobacco and Non Smoking Protection Act (TNRSG)?
The notification obligations stipulated by TNRSG apply to manufacturers or importers of tobacco or related products.
If the manufacturer is established outside the EU and the importer is established within the EU, the importer has a primary obligation to provide information. If both the manufacturer and importer are established outside the European Union, the manufacturer or importer can negotiate and designate a representative authorized in writing within the EU to handle relevant matters on their behalf. According to TNRSG, new tobacco and related products can only be launched in Austria after approval. Electronic cigarettes and supplementary containers must be notified at least 6 months before their planned launch on the market.
What is EU-CEG?
EU-CEG is a notification portal operated by the European Commission, used to collect basic information about all tobacco and related products (such as e-cigarettes and liquid or supplementary containers) listed in the European Union (EU). In particular, the system aims to ensure the provision of relevant information and research to the competent authorities of member states and participating institutions within the European Union.
5. Do I need to pay for notifying EU-CEG? What is the annual fee like?
In Austria, submitting data through EU-CEG is free of charge. However, manufacturers or importers selling tobacco products or related products in the Austrian market must pay a uniform annual fee. This fee covers the cost of executing tasks in accordance with TNRSG and its regulations, particularly reporting activities, control activities, data analysis and evaluation, laboratory testing, risk assessment, and research evaluation (Article 9, Paragraph 9 of TNRSG)
The annual fee amount consists of the sales data reported in the previous year and the TabGebV rate. The basis for calculation is the sales data of the previous year, which must be reported by brand and type (in kilograms or milliliters depending on the product) before May 31 of the following year.
The annual fee must be calculated by the manufacturer or importer and must be paid no later than June 15th each year. AGES self calculation table must be used.
If self calculation is not carried out in a timely manner or the calculation is not completed by the deadline, and it is not completed after being requested by the Austrian Health and Food Safety Agency (AGES), the annual fee will be determined by AGES.
The annual fee must be paid to AGES at the corresponding rate specified in the appendix of the Tobacco Fee Regulations before June 30th of the year following the annual sales data report. Account details can be found on the AGES spreadsheet.
The calculation must also include sales volume data and unique product specific identification numbers (EC-ID or TP-ID) based on EU general entry port instructions
6. In which language must laboratory reports and research be reported?
The submitted data should be completed in German or English.
7. If the product has already been officially notified in EU-CEG in Austria, is it necessary to notify again if another company also wants to launch it on the market?
The product must be notified by the manufacturer or importer in the EU-CEG. Notification of the same product (from the manufacturer or importer) is sufficient. Therefore, it is generally not necessary to repeat the report.
8. Are manufacturers or importers required to report annually on the composition and/or emissions of products sold in Austria, even if their substance and design remain unchanged since the previous year?
Yes, the ingredients and emissions must be reported annually in EU-CEG, even if they have not changed since the previous year. The simplest method is to perform an "Update Notification" on products already reported in EU-CEG. The type of update notification must be specified in the "General Comment" field.
The following is the AGES self calculation website:
https://tforms.ages.at/gebuehrenberechnung-gem-tabak-und-nichtraucherinnenschutzgesetz
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