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Tobacco Market

The tobacco market must be developed in conditions of neutrality and free competition throughout the national territory. This is possible thanks to the regulatory and safeguarding functions exercised by the Commissioner for the Tobacco Market, an autonomous body of the General State Administration attached to the Ministry of Finance and Civil Service.

  • Digital Office:

    The Commissioner for the Tobacco Market has a digital office to receive any communications that citizens, companies or public entities wish to send to it. To access the digital office, go to the Common Electronic Register (CER) through the following link: https://rec.redsara.es/registro/action/are/acceso.do

    • Access is made with electronic identification: Cl@ve, digital certificate or electronic DNI.
    • Please enter  the following value in the “Organismo destinatario” field of the form: Commissioner for the Tobacco Market.

TRACEABILITY AND SECURITY MEASURES FOR TOBACCO PRODUCTS

Sections 15 and 16 of Directive 2014/40/EU Abre nueva ventanamake it compulsory for Member States of the European Union to implement a registration and monitoring system of tobacco products that are manufactured or placed on the EU market, which shall require marking all packages with a sole identification code and make all operators and their facilities to be registered, tracing the movement of tobacco products throughout the supply chain, until these are made available to consumers. Additionally, such products must include additional security measures that will be included in tax stamps. These provisions shall apply to cigarettes and roll-your-own tobacco from 20 May 2019 and to tobacco products other than cigarettes and roll-your-own tobacco from 20 May 2024.

Everything related to traceability was developed by the European Commission by means of Commission Implementing Regulation (EU) 2018/574 on technical standards for the establishment and functioning of a traceability system for tobacco productsAbre nueva ventana. On the other hand, security measures were developed by means of Commission Implementing Decision (EU) 2018/576 on technical standards for security features applied to tobacco productsAbre nueva ventana. Both the Commission Implementing Regulation (EU) 2018/574 and the Commission Implementing Decision (EU) 2018/576 are directly applicable and compulsory for all their elements.

Directive 2014/40/EU was transposed into Spanish legal system by means of Royal Decree 579/2017, of 9 June, on the regulation of certain aspects related to the manufactureAbre nueva ventana, presentation and placing on the market of tobacco products and related products, including in sections 21 and 22 the regulation of the traceability and security measures of tobacco products.

This Royal Decree attributes to the Ministry of Finance the powers regarding traceability and security measures of tobacco products and, specifically, to the Commissioner for the Tobacco Market, all control and inspection-related functions.

On 22 December 2018, Order HAC/1365/2018, of 12 December, on the approval of the technical norms regarding traceability and security measures of tobacco products, implementing sections 21 and 22 of Royal Decree 579/2017, of 9 June, on the regulation of certain aspects for the manufacturing, presentation and placing on the market of tobacco products and related productsAbre nueva ventana. By virtue of this Order, certain necessary aspects for implementation of the traceability and security measures system in Spain have been detailed.

ISSUER OF IDENTIFICATION (ID) OF THE TRACEABILITY SYSTEM IN SPAIN: FÁBRICA NACIONAL DE MONEDA Y TIMBRE-REAL CASA DE LA MONEDA

The Public Business Entity Fábrica Nacional de Moneda y Timbre-Real Casa de la Moneda has been designated as the competent issuer of ID throughout the national territory, in accordance with the provisions of Article 3.1 of Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the establishment and operation of a traceability system for tobacco products.

UNIQUE IDENTIFICATION CODE OF THE ISSUER OF ID: "1E".

The unique identification code of the Fábrica Nacional de Moneda y Timbre-Real Casa de la Moneda as issuer of ID is "1E", in accordance with the provisions of Article 3.4 of Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the establishment and operation of a traceability system for tobacco products.

ADDITIONAL INFORMATION ON TRACEABILITY AND SECURITY MEASURES

Currently, a website is available on the portal of the European Commission Abre nueva ventana(only in English), with updated information. A Manual on the traceability Abre nueva ventanasystem in Spanish has been published too.

The Commissioner for the Tobacco Market will shortly publish on this website additional information, in order to provide all market operators with information on the fulfilment of their obligations and help them with the implementation of the traceability system of tobacco products.

REMINDER CONTROL SALE OF TOBACCO TO MINORS 

The Tobacco Market Commission recalls that in accordance with the provisions of Article 3.1 and 3.2 of Law 28/2005, of 26 December, on health measures against smoking and regulating the sale, supply, consumption and advertising of tobacco products, the sale or delivery to persons under eighteen years of age of tobacco products, as well as any other product that imitates and induces them to smoke, is prohibited. 

It is also recalled that the retail network of Tobacco and Stamp Outlets assumes, among other important functions, the observance of the health regulations prohibiting the sale of tobacco products to minors, being expressly typified as a serious infringement in the sectoral regulations of the tobacco market.

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