Notification
 

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.

Role of the FPS Health:  The competent service checks whether the dossiers submitted comply with the legal conditions for notification.
Within the framework of this notification procedure, the FPS Health makes a notification list available to the general public and to economic operators.  This list gives the status of the procedure for all tobacco products that are notified in EU-CEG for the Belgian market.

  • Status « pending » 
    The notification file has been received (EU-CEG), the administrative validation procedures are in progress.

  • Status « compliant »
    The notification file has been received and validated by the notification service of the FPS Health. It complies with the administrative obligations regarding notification.  Status « non-compliant »
    The notification file has been received but does not comply with the notification requirements.

  • Products not listed
    The notification file has not been received (EU-CEG).

Products not listed or with a “non-compliant” status are considered harmful and cannot be marketed in Belgium.
 
Products with a "pending" or "compliant" status can be marketed provided that other legal provisions such as those related to excise duties or labelling are respected.​ This is a necessary but not sufficient condition.
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The label of the product placed on the market must bear a name identical to the one on the notification list.
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.