Last updated: September 29, 2022

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Market Inspectorate
Fine, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The law specifies that the Market Inspectorate is in charge of enforcing the packaging and labeling requirements under the Act.

The law imposes a fine of 4,000 to 33,000 Euros on any entity that “places on the market” tobacco products not meeting the packaging and labeling requirements. In addition, the law imposes a fine of 800 to 2,000 Euros on the responsible person of a legal entity. Mandatory seizure is required under Art. 42(4).

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines. However, to more fully align, the law should also include increased penalties for multiple offenses.

Importer

Market Inspectorate
Fine, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The law specifies that the Market Inspectorate is in charge of enforcing the packaging and labeling requirements under the Act.

The law imposes a fine of 4,000 to 33,000 Euros on any entity that “places on the market” tobacco products not meeting the packaging and labeling requirements. In addition, the law imposes a fine of 800 to 2,000 Euros on the responsible person of a legal entity. Mandatory seizure is required under Art. 42(4).

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines. However, to more fully align, the law should also include increased penalties for multiple offenses.

Wholesaler

Market Inspectorate
Fine, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The law specifies that the Market Inspectorate is in charge of enforcing the packaging and labeling requirements under the Act.

The law imposes a fine of 4,000 to 33,000 Euros on any entity that “places on the market” tobacco products not meeting the packaging and labeling requirements. In addition, the law imposes a fine of 800 to 2,000 Euros on the responsible person of a legal entity. A fine of 1,600 to 8,000 Euros shall be imposed on a sole trader or self-employed person. Mandatory seizure is required under Art. 42(4).

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines. However, to more fully align, the law should also include increased penalties for multiple offenses.

Retailer

Market Inspectorate
Fine, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The law specifies that the Market Inspectorate is in charge of enforcing the packaging and labeling requirements under the Act.

The law imposes a fine of 4,000 to 33,000 Euros on any entity that “places on the market” tobacco products not meeting the packaging and labeling requirements. In addition, the law imposes a fine of 800 to 2,000 Euros on the responsible person of a legal entity. A fine of 1,600 to 8,000 Euros shall be imposed on a sole trader or self-employed person. Mandatory seizure is required under Art. 42(4).

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines. However, to more fully align, the law should also include increased penalties for multiple offenses.