Notification (page currently being modified following the publication of the royal decree of March 3, 2024)

The Royal Decree of 5 February 2016 on the manufacture and placing on the market of tobacco products and herbal products for smoking imposes on producers who market tobacco products in Belgium the obligation to notify annually to the authorities a number of data, such as:  a qualitative and quantitative list of all ingredients, tar, CO and nicotine content, labelling, sales volume...

All tobacco products must be notified annually, as provided by article 4 of the aforementioned Royal Decree. Correct notification is a condition for selling a tobacco product on the Belgian market.

This page provides a summary of the notification requirements; the details can be found in the Royal Decree of 5 February 2016.
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Timing: once a year, before 1 March.
Who: the manufacturer, or the importer if the manufacturer does not have a registered office in Belgium
How: The notification is submitted via the European electronic portal (EU-CEG).
Data to be provided:

  • Contact details 

    • An address in the EU is required

  • For each brand and type of tobacco product

    • all ingredients with their respective quantities,

    • labels,

    • annual sales figures,

    • for cigarettes:  emission levels:  tar, nicotine, carbon monoxide...

Cost: An annual fee of €125 is paid for each notified product. This fee is irrecoverable.

As part of this notification procedure, the FPS Public Health makes a positive list and a negative list available to the general public and economic operators. These lists give the dossier status for all tobacco products that are notified in EU-CEG for the Belgian market.

  • Status « Positive »
    The notification file has been received and validated by the notification service of the FPS Public Health. It fulfills the administrative obligations in terms of notification. Products whose status is "Positive" can be marketed provided that other legal provisions such as those relating to excise duty or labeling are complied with.

  • Status « Negative »
    The notification package has been received but it does not meet the notification requirements.
    The products on this list are considered harmful and cannot be marketed in Belgium.

  • Products not listed
    The notification file has not been received (EU-CEG) or is being processed.
    Products appearing on any list may not be marketed in Belgium.

Other provisions such as, for example, those relating to excise duty or labeling are the full responsibility of the producer or importer. Retailers are also responsible for the conformity of the products they place on the market.


Contact:
Tobacco products and electronic cigarettes notification service: enottab@health.fgov.be

EU-CEG Helpdesk: SANTE-EUCEG-ITSUPPORT@ec.europa.eu

 

Priority list of additives

As stipulated in Article 4/1 of the Royal Decree of 5 February 2016 a priority list of additives subject to stricter information requirements has been drawn up for cigarettes and rolling tobacco.

SMEs can benefit from an exemption from this reporting requirement provided that another manufacturer or importer has submitted a report for the additive in question.

The following additives are on the priority list:

Carob

Geraniol

Maltol

Cocoa

Glycerol

Menthol

Diacetyl

Guajacol

Propylene glycol

Fenugreek

Guar gum

Sorbitol

Figs

Licorice

Titanium dioxide

 

Novel tobacco products

Novel tobacco products, such as heated tobacco products, must be notified via the EU-CEG portal six months before they are placed on the market.

Article 14 of the Royal Decree of 5 February 2016 describes the conditions this notification must comply with.
An initial fee of €4,000 for each product applies to the notification of new tobacco products.  This fee is irrecoverable. After this initial notification, new products follow the same procedure as other tobacco products and are subject to an annual fee of €125.