Regulation (national/international)
Below you will find the most important laws and regulations regarding individual subject areas:
For the production of cigarettes in Germany, additives are currently being used that are regulated and permitted by the German Tobacco Products Act and Tobacco Products Ordinance.
Information on product-specific lists is available on the websites of the member companies and the German Federal Ministry of Food and Agriculture (
BMEL).
Germany
- DIN Deutsches Institut für Normung
- Ordinance implementing the Directive on Tobacco and Related Products of 27 April 2016 (PDF) (in German)
- Act implementing the Directive on Tobacco and Related Products of 04 April 2016 (PDF) (in German)
- COMMISSION IMPLEMENTING DECISION (EU) 2016/787 of 18 May 2016 laying down a priority list of additives contained in cigarettes and roll-your-own tobacco subject to enhanced reporting obligations (notified under document C(2016) 2923)
- COMMISSION IMPLEMENTING DECISION (EU) 2016/786 of 18 May 2016 laying down the procedure for the establishment and operation of an independent advisory panel assisting Member States and the Commission in determining whether tobacco products have a characterising flavour (notified under document C(2016) 2921)
- COMMISSION IMPLEMENTING REGULATION (EU) 2016/779 of 18 May 2016 laying down uniform rules as regards the procedures for determining whether a tobacco product has a characterising flavour
The BVTE and its member companies place great importance on the protection of minors. In addition to the commitment to a strict compliance with the protection of minors in retail by consistently checking IDs of younger customers, the association has adopted its own product and advertising standards.
- Youth Protection Act of 23 July 2002, last amended on 10 March 2017 (in German)
- Law on the protection of children and adolesents from the dangers of consuming electronic cigarettes and electronic shishas (in German)
- Product and Advertising Standards for E-Cigarettes
- Product and Advertising Standards for Tobacco-Free Nicotine Pouches
Nationwide, smoking is prohibited in all public facilities and means of transport in Germany. Smoking at work or in restaurants is also severely restricted and regulated.
Europe
- Green Paper Towards a Europe free from tobacco smoke:policy options at EU level of 30 January 2007
- European Parliament resolution of 24 October 2007 on the Green Paper ‚Zowards a Europe free from tobacco smoke, policy options at EU level‘
Germany
The EU Tobacco Products Directive regulates the “manufacture, presentation and sale of tobacco and related products”. For tobacco products this includes, for example, the design of health warnings on the packets, the disclosure of additives and the ban on certain product labels such as “mild” or “light”. The directive also regulates nicotine-containing electronic cigarettes and stipulates a maximum nicotine level, introduces a uniform health warning as well as advertising bans, and imposes reporting requirements for manufacturers and importers. Please find details on the regulations for industrially manufactured traditional cigarettes HERE, on warning notes HERE.
Europe
- DIRECTIVE 2014/40/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC
- COMMISSION DIRECTIVE 2014/39/EU of 12 March 2014 amending Directive 2012/9/EU as regards the date for its transposition and the deadline for the end of the transitional period
- Rand Europe: „Assessing the Impacts of Revising the Tobacco Products Directive“ prepared for the European Commission im Auftrag der Europäischen Kommission, September 2010
- European Commission: „Report on the public consultation on the possible revision of the Tobacco Products Directive“ (2001/37/EC) of July 2011
- COMMISSION IMPLEMENTING DECISION (EU) 2015/1735 of 24 September 2015 on the precise position of the general warning and the information message on roll-your-own tobacco marketed in pouches
- COMMISSION IMPLEMENTING DECISION (EU) 2015/1842 of 9 October 2015 on the technical specifications for the layout, design and shape of the combined health warnings for tobacco products for smoking
- COMMISSION IMPLEMENTING DECISION (EU) 2015/2183 of 24 November 2015 establishing a common format for the notification of electronic cigarettes and refill containers
- COMMISSION IMPLEMENTING DECISION (EU) 2015/2186 of 25 November 2015 establishing a format for the submission and making available of information on tobacco products
- COMMISSION IMPLEMENTING DECISION (EU) 2016/586 of 14 April 2016 on technical standards for the refill mechanism of electronic cigarettes
- COMMISSION IMPLEMENTING REGULATION (EU) 2016/779 of 18 May 2016 laying down uniform rules as regards the procedures for determining whether a tobacco product has a characterising flavour
- COMMISSION IMPLEMENTING DECISION (EU) 2016/786 of 18 May 2016 laying down the procedure for the establishment and operation of an independent advisory panel assisting Member States and the Commission in determining whether tobacco products have a characterising flavour
- COMMISSION IMPLEMENTING DECISION (EU) 2016/787 of 18 May 2016 laying down a priority list of additives contained in cigarettes and roll-your-own tobacco subject to enhanced reporting obligations
- 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
- COMMISSION DELEGATED REGULATION (EU) 2018/573 of 15 December 2017 on key elements of data storage contracts to be concluded as part of a traceability system for tobacco products
- COMMISSION IMPLEMENTING DECISION (EU) 2018/576 of 15 December 2017 on technical standards for security features applied to tobacco products
- List of competent authorities according to (Article 26 of Directive 2014/40/EU of the European Parliament and of the Council)
- COMMISSION DIRECTIVE (EU) 2015/1139 of 13 July 2015 amending Directive 2012/9/EU as regards the date for its transposition and the deadline for the end of the transitional period
- COMMISSION DIRECTIVE 2012/9/EU of 7 March 2012 amending Annex I to Directive 2001/37/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products
- 2003/641/EC: COMMISSION DECISION of 5 September 2003 on the use of colour photographs or other illustrations as health warnings on tobacco packages
- COMMISSION DECISION C(2006)1502 of 12 April 2006 amending Decision C(2005)1452 on colour photographs in Annex 1 to Directive 2001/37/EC the said additional warnings (in German)
- COMMISSION DESICION C(2005)1452 of 26 May 2005 concerning colour photographs in Annex 1 to Directive 2001/37/EC the said additional warnings (in German)
- FIRST COMMISSION REPORT of 27 July 2005 on the application of the Tobacco Products Directive (in German)
- Second COMMISSION REPORT of 27 November 2007 on the application of the Tobacco Products Directive (in German)
- Reporting on tobacco product Practical Guide of 31 May 2007
Germany
In May 2019, the EU directive on the reduction of the impact of single-use plastics on the environment was adopted in Brussels. This directive also includes regulations for tobacco product filters, amongst other things that manufactures should share waste disposal costs and additional marking requirements. Please find background information on this topic HERE, the draft bill of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) HERE and the German version of the directive HERE.
The consumption of tobacco products poses an increased health risk to the consumer. For this reason, Germany regulates advertising for cigarettes through laws and voluntary self-restrictions by manufacturers and member companies.
Europe
- DIRECTIVE 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products
- DIRECTIVE 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products)
- DIRECTIVE 2010/13/EU of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)
- DIRECTIVE 2014/40/EU of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC
- DIRECTIVE (EU) 2018/1808 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities
Germany
- Act on Tobacco and Related Products of 4 April 2016, last amended on 20 November 2019 (in German)
- Ordinance on Tobacco and Related Products (Tobacco Products Ordinance - TabakerzV) in the version of 2 May 2019 (in German)
- Youth Protection Act of 23 July 2002, last amended on 10 March 2017 (in German)
Marketing standards of the association and individual member companies:
