1. If I import vaping devices from China, what should I do?
To import vaping devices or other types of electronic cigarettes or liquids from outside the European Union, you must comply with the following requirements:
- Register as an economic operator in the EU-CEG (European Common Entry Gate) system.
- Ensure that the products meet EU standards regarding composition and labeling.
- Obtain an import authorization and, if applicable, register a fiscal warehouse for storing the products under excise suspension.
- Notify the products to the Ministry of Health before commercialization.
Note! Products imported without such authorizations will be retained at customs.
2. If I import vaping devices from another EU country into Romania, what should I do?
Importing vaping devices or tobacco products from other EU member states into Romania is not entirely unrestricted and requires compliance with specific procedures, such as notifying the Ministry of Health, registering economic operators in the EU-CEG system, following customs procedures, and declaring harmonized/non-harmonized excise duties.
3. Is it mandatory to notify tobacco products/electronic cigarettes (vaping) to the Ministry of Health?
Yes, under Romanian legislation, all tobacco products and electronic cigarettes must be notified to the Ministry of Health before being placed on the Romanian market. The notification must include details about origin, composition, emissions, and packaging, as well as any subsequent modifications to the product.
4. What is a fiscal warehouse, and when is it necessary?
A fiscal warehouse is an authorized facility where excisable products, such as processed tobacco, can be stored or handled without immediate payment of excise duties. Registration as a fiscal warehouse operator is required if you intend to produce, import, or store tobacco products before commercialization and the payment of applicable excise duties.
5. If I want to sell electronic cigarettes/vaping devices, do I have to pay excise duties?
Yes, electronic cigarettes/vaping devices are subject to non-harmonized excise duties in Romania. You must register with the tax authority and comply with the fiscal regime applicable to these products.
6. How long does the authorization process for tobacco products take?
The duration of the process depends on the type of product and the complexity of the documentation. On average, notification to the Ministry of Health can take between 2 to 6 months, and obtaining other necessary authorizations, such as customs or fiscal approvals, may extend this period. Public authorities involved have the right to request additional information and studies, as required by law.
7. What sanctions do economic operators face for non-compliance with the law?
Sanctions may include significant fines, confiscation of products, suspension of authorizations, or even criminal penalties. Understanding and complying with the applicable legislation for tobacco products and electronic cigarettes (vaping) is essential to avoiding these risks.
8. Are electronic cigarettes / vaping devices without nicotine exempt from notification to the Ministry of Health?
Under the amendments to Law No. 201/2016 introduced by Law No. 64/2024, electronic cigarettes without nicotine are not exempt from the notification requirement to the Ministry of Health. The new regulations extend notification obligations to these products, requiring compliance with specific procedures before they are placed on the market.
Thus, regardless of nicotine content, all electronic cigarettes must be notified according to the current legislation.
9. Are refill bottles for electronic cigarettes without nicotine exempt from notification to the Ministry of Health?
No, refill bottles for electronic cigarettes, even those without nicotine, are not exempt from the notification requirement to the Ministry of Health. Under current regulations, all products intended for use with electronic cigarettes, including nicotine-free refill bottles, must be notified to ensure compliance with legal requirements regarding consumer safety and protection.
