Email just in from the Department of Health regarding EU cross border sales:
As you will be aware, not all Member States (MS) have yet confirmed the details for cross-border sales registrations for tobacco products and e-cigarettes. To aid businesses, we will publish a list of those MS which have banned cross-border distance sales and MS registration systems. All businesses that have registered with the UK Government will be notified when this information is available.
Whilst you have submitted a registration form with the UK Government, it does not preclude the need for businesses to register with the authorities in the countries in which your customers are based. It would be unreasonable to cease selling products until all MS have confirmed their systems and laws, but it is your responsibility to ensure that you know the situation in each of the MS where you sell to direct to consumers and to keep up to date with their progress in implementing the cross-border sales provisions of the TPD to ensure that you do not fall foul of the law.
…
When we have received this confirmation, the registration process will be complete and you will receive an email from DH with final confirmation of registration.
Where countries have enforced a ban on such sales, businesses must cease trading with consumers based in those countries.
So basically, cross border sales are still permitted until either a) the destination country prohibits it or b) the DoH adds the destination to its yet to be compiled list of prohibited countries. It’s by no means official, but the most concise source of information I can find on this is here (courtesy of /u/vonck7 on Reddit). For the time being, it looks like:
- Austria
- Croatia
- Hungary
- Poland
- Slovenia
- Spain
are disallowed, but those countries aside, EU shipping is still permitted. For the time being.
As soon as I have more information on this, I’ll update here as it arrives (UPDATE as of 4th of August here). For now, I can only apologise for the whole situation – it’s so frustrating having everything up in the air, but I guess if nothing else, things aren’t just as bleak as they were a week ago. In the UK, the House of Lords is currently attempting to annul the TPD – if you want to lend your support to them, your voice would be most welcome on the Change.org petition here. Every signature counts.
Stay safe and happy vaping!
Nathan
UPDATE: Gov.uk have published an updated list of EU member states permitting cross border sales of vape related goods, the list is here
