Rules and regulations on tobacco traceability, traceability markings and security features
Tobacco products must be traceable, have traceability labels and security features as stated by law. From 20 May 2024, all tobacco products are covered, but there are transitional rules. The Public Health Agency supervises that the rules are followed.
The fees that may be charged by the ID issuer for unique identifiers are regulated in the regulation (2019:224) on fees for unique identifiers on tobacco packages.
Chapter 3 Sections 7-11 Act 2018:2088 on tobacco and similar products (riksdagen.se) (in Swedish)
Chapter 3 Sections 3-8 Regulation 2019:223 On tobacco and similar products (riksdagen.se) (in Swedish)
Regulation (2019:224) on fees for unique identification markings on tobacco packaging (riksdagen.se) (in Swedish)
Transitional rules
Other tobacco products than cigarettes and roll-your-own tobacco, manufactured in the European Union or imported to the European Union before 20 May 2024 may be sold without unique identifiers, so called traceability labels, and security features until 20 May 2026.
If the rules are not followed
The Public Health Agency of Sweden is the supervisory authority for manufacturers, importers, wholesalers, distributors and in some cases retailers, with regard of traceability labelling, security features and traceability. The Public Health Agency may, in its supervisory capacity, issue the injunctions or prohibitions that are necessary for compliance with the law or a regulation issued pursuant to the law. The Public Health Agency may also decide that identifier codes shall be deactivated. A decision on an injunction or prohibition may be accompanied by an administrative fine.
Fines
An administrative fine is an amount of money to be paid if you do not comply with a decision by a supervisory authority. The fine is imposed by a court. The sum can be determined in advance and can amount to several thousand Swedish Crowns.
EU-Directives and laws governing traceability
A decision on the introduction of an EU-wide system for traceability and security features was taken in the Tobacco Products Directive (2014/40/EU) and specified in the complementary EU legislation. All based on the World Health Organization's Framework Convention on Tobacco Control (FCTC).
The Tobacco Products Directive (2014/40/EU) (eur-lex.europa.eu)
How the implementation of the traceability and security marking system is to be carried out has been regulated in more detail in three different regulations and decisions; (1) Commission Delegated Regulation (EU) 2018/573 on key elements of data storage contracts to be concluded as part of a traceability system for tobacco products, (2) Commission Implementing Decision (EU) 2018/576 on technical standards for security features applied to tobacco products and (3) Commission Implementing Regulation (EU) 2018/574 on technical standards for the establishment and operation of a traceability system for tobacco products:
Official Journal of the European Union: Legislation (eur-lex.europa.eu)
The Implementation Regulation (EU) 2018/574 was corrected in April 2018. In March 2023, a new implementing regulation (EU) 2023/448 was published to amend implementing regulation 2018/574.
- Corrigendum to 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 (eur-lex.europa.eu)
- Commission Implementing Regulation (EU) 2023/448 amending Implementing Regulation (EU) 2018/574 on technical standards for the establishment and operation of a traceability system for tobacco products (eur-lex.europa.eu)
- Consolidated - Commission Implementing Regulation (EU) 2018/574 on technical standards for the establishment and operation of a traceability system for tobacco products amended by Commission Implementing Regulation (EU) 2023/448 and corrected by Corrigendum, OJ L 252, 8.10.2018 (eur-lex.europa.eu)
- Commission Implementing Decision (EU) 2018/576 on technical standards for security features applied to tobacco products (eur-lex.europa.eu)
- Commission Delegated Regulation (EU) 2018/573 on key elements of data storage contracts to be concluded as part of a traceability system for tobacco products (eur-lex.europa.eu)
- Systems of traceability and security features for tobacco products in the EU, Stakeholder manual (health.ec.europa.eu)
The changes enter into force on 21 December 2023.
As an economic operator who trades in tobacco products, you always have an obligation to know what applies by law. The information on this website is intended solely to help you, and does not replace what is written in the law. There may be other laws or regulations from other authorities that you must to be aware of. The Public Health Agency continuously updates the content, but we cannot guarantee that the information on the page is always completely up to date.