The following information is a summary of the requirements of the Directive. It is not an area in which we currently offer advice, but you may find some useful information and links here.
Electronic cigarettes must comply with the Tobacco Products Directive (TPD2 - 2014/40/EU) in the same way as cigarettes, cigars and other products. This provision came into force on the 20th of May 2016.
This means that electronic cigarettes that have not been authorised by a Competent Authority (e.g.: the MHRA in the UK) are banned from the market.
Please note that this Directive does not require CE marking.
What Products fall into the scope of application of TPD2?
All the devices, (whether disposable, refillable or rechargeable), that can be used for the consumption of nicotine-containing vapour, including devices supplied without cartridges or tanks.
My product does not contain nicotine. Does TPD2 apply to it?
No: TPD2 applies only to electronic cigarettes to be used with nicotine-containing liquids up to a concentration of 20 mg/ml.
I am an importer. What do I have to do?
First of all, check to see if the product has already been registered by the manufacturer or by another importer. The same product can be known under different brands, but in the EU Common Entry Gate it will be identified by a unique product identification number.
If the product is not registered yet, you have to submit your own notification. When submitting information on products with the same composition and design, manufacturers and importers should (as far as possible), use the same product identification number, regardless of brand and subtype or whether they are placed on the market in one or more Member States.
What should be included in a notification?
The notification should include sufficient information for the Competent Authority to verify that:
- The product satisfies the minimum quality and safety requirements;
- The information provided to the final users allows them to make an informed choice;
- Due care is applied in order to protect children from starting to use electronic cigarettes.
Detailed information on electronic cigarettes can be found in the Article 20 of the TPD2