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The tobacco market in Spain

Currently, the Tobacco market in Spain combines the manufacture, import and wholesale distribution of manufactured tobacco (wholesale activity) so liberalized with retail articulated via a monopoly regime, whose ownership belongs to the state, in the mainland and Illes Balears (excepted with the Canary Islands).

The Tobacco Market Commission, attached as an autonomous agency to the branch of the Ministry of Finance, is the public agency responsible for exercising the powers that correspond to the state.

The regulation of Tobacco market consists of the law 13/1998, 4 May, market management of tobacco and Tax RegulationsOpen in new window and by the  Royal Decree 1199/1999, of the 9 July, development of the law of market management of tobacco and Concessional Status of the network of tobacco Expendedurías and timbreOpen in new window, which establishes the legal regime of the retail trade of tobacco products and configured to dealers of tobacco and timbre as dealers of the state and provides concessional status, which reflects the rights and obligations of the same and the basic rules for obtaining a concession administrative.

Functions of the Tobacco Market Commission

  • To serve as a forum for dialogue and connection with individual market operators of tobacco, because they are manufacturers, importers, wholesalers, expendedurías of tobacco and timbre or authorised points for sale with surcharge, and with organizations representing them.

  • Monitor for the various operators, including retailers, in the market of tobacco to act within the framework that respectively up according to the current legislation, exercising to this end the inspection powers that are accurate.

  • Monitor the quality of the products offered, those used in their design and additives or embedded substances, without prejudice to respect the confidentiality of industrial production. Similarly, the Commissioner checking the content and budgets of promotional activities and advertising.

  • Issue reports on compliance with the requirements of the law for the establishment of new manufacturers, importers and wholesalers; as well as for the granting and revoking expendedurías of tobacco and timbre.

  • Authorize the establishment in different places of expendedurías, points of sale to the public with recargo. as established in Article 4 five, the law 13/1998, 4 May.
  • The practise of maintenance of the network of tobacco and Expendedurías in Timbre changes and modifications in location, release of warehouses and other proceedings that are entrusted to the Commissioner by regulations.

  • Monitor the effective implementation of health criteria on advertising, consumption and quality of tobacco, in collaboration with the other competent public administrations except in what is the exclusive competence of such Administrations.
  • Develop the functions referred to in Article 6 two of the law 13/1998, 4 May, and its regulations, campaigns and advertising plans.

  • Store and guard the work of tobacco seized and confiscated contraband procedures and proceed to its destruction.

  • Perform the functions of arbitration in conflicts between the parties operators actuaciones, as does not correspond to another body of the administration.

  • Refer allegations that, in its case, by alleged violation of the principles and the rules of free competition in the market of tobacco to the competent bodies for processing and resolution.

  • The legal punishment exercise in the terms laid down in the law 13/1998, 4 May, and its development regulations.

  • Statistics, prepare reports and formulate proposals in matters of the scope of its competences.

  • Manage resources assigned to Comisionado. referred to in Articles 13 and 15 of this Status.

  • Exercise public responsibilities for the physical distribution via tobacconists of the bell of the state and signs of postage. These powers will spread, in its case, those concerning the distribution via the entity or entities that referred to in paragraph (one of the additional provision 6th of the law 13/1998, 4 May.

  • Any other ascribed to legal or regulatory for not being entrusted to another body of public administrations.

Structure and chart

Chart showing the commissioner ChartOpen in new window (PDF, aprox. 412 Kb)

  • President: Luis Gavira Caballero
  • Vice President: vacante
  • Coordination Area legal and regulation of the market: Borja García Ramos
  • Coordination Area, monitoring and management of the market: Carmen Maceiras García
  • Coordination Area market inspection: Manuel Cuevas Sedano
  • Coordination Area of information technology and communications: Rafael Santos García
  • Coordination Econonomic-Financial Area, human resources and general services: Carmen Rodríguez Baladrón
  • Delegated intervention: José Manuel Tuda Flores

Advisory Committee

Assists and advises the commissioner for the Tobacco market. In the same are represented operators of each phase of the production process and distribution of manufactured tobacco, consumers and customs administrations, tax, commercial, food and health in the form determined by the commissioner's Status.

Its functions are enumerated in Rule 5. Seven of the law 13/1998, 4 May, market management of tobacco and Tax Regulations; and articles 8-10 of the royal decree 2668/1998 of 11 December, which approves the status of an autonomous agency Tobacco Market Commission.

 

 

 

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