Tobacco products and equipment for tobacco production

Member:

Legislations

Product Category

Basic information

Outline of the system

Norway has from 1 November 2020 a licencing system in place for import, export and manufacturing of tobacco products and equipment for tobacco production.

Import, export and production of tobacco products and equipment for tobacco production is prohibited without a permit. Individuals may import tobacco products for personal use without a permit.

Product coverage

The licencing system covers all types of tobacco products and equipment for tobacco production.

Nature of licensing

Automatic

If Automatic, administrative purpose

Non-Automatic

If Non-Automatic, description of the notified Non-Automatic Licensing regime

Products under restriction as to the quantity or value of imports

The purpose is to limit the health damage of tobacco use by ensuring that the sale of tobacco products takes place in accordance with the provisions of the Tobacco Control Act. The purpose is also to ensure an overview of the supply chain of tobacco products in order to avoid illicit trade.

The Protocol to Eliminate Illicit Trade in Tobacco Products Article 6 obliges the parties to either prohibit the production, export and import of tobacco products and equipment for tobacco production, or to establish a licensing scheme for such activities. Norway has chosen to follow up this obligation by establishing a licensing scheme.

Questions for products under restriction as to the quantity or value of imports

There are no restrictions as to the quantity or value of imports.

The system applies to products originating from which country?

The system applies to all countries.

Expected duration of licensing procedure

Legal requirements

Is the licensing statutorily required?

The statutory authority for the licencing system is found in the Norwegian Tobacco Control Act No. 14 of 9 March 1973, Section 8.

In Norwegian: https://lovdata.no/lov/1973-03-09-14

The licencing system is further elaborated in Regulations No. 1446 on registration and licencing systems for tobacco products etc of 21 September 2017.

In Norwegian: https://lovdata.no/dokument/SF/forskrift/2017-09-21-1446?q=tobakk

The licensing system is stautorily required.

Does the legislation leave designation of products to be subject to licensing to administrative discretion?

The legislation does not leave designation of products to be subjected to licensing to administrative discretion.

Is it possible for the government to abolish the system without legislative approval?

It is not possible for the government (or the executive branch) to abolish the system without legislative approval.

Eligibility of applicants

Is there a system of registration of persons or firms permitted to engage in importation?

What persons or firms are eligible to apply for a licence?

All persons, firms and institutions are eligible to apply for an import licence.

Is there a registration fee?

Is there a published list of authorized importers?

Contact point for information on eligibility

Ministry/Authority

Address

Telephone

Fax

E-mail address

Website

Contact officer

Submission of an application

Administrative body(ies) for submission of an application

Documentation requirements

What information is required in applications?

The following information is required in the application:

a. The company's name, organization number, address and contact information as well as information about any subcontractors.
b. Information on the type of permit applied for.
c. Overview of accounts used in transaction purposes.
d. Information on persons with significant influence over the business
e. Documentation of who owns the business applying for a license.
f. Overview of tobacco products and tobacco equipment covered by the permit application, including product groups, product description, name, any registered trademark, design, make, model or make and serial number of the production equipment.
g. Description of how the tobacco products are intended to be used and in which market it is intended to be traded in, and an account of the supply is in proportion to the demand that can reasonably be expected.
h. Plan for internal control system, including routines for proper flow of goods and storage, and possibly documentation of insurance and physical security of inventory and production premises.
i. Access documents and floor plans of the company's premises.
j. Extended and exhaustive police certificate

What documents is the importer required to supply with the application?

The Norwegian Directorate of Health may also require the applicant to submit:

a. Company certificate, possibly foundation documentation
b. Bank statements from accounts used for transaction purposes
c. Financing plan and operating and liquidity budget

The application form can be found here: Altinn - Søknad om bevilling for innførsel, utførsel og produksjon av tobakksvarer

Window of submission of an application

How far in advance of importation must application for a licence be made?

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

There are no limitations as to the period of the year during which application for license and/or importation may be made.

Issuing the license

Can a licence be granted immediately on request?

A license cannot be granted immediately on request.

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

The processing time for an application is 30 days. Licenses cannot be obtained within a shorter time-limit or for goods arriving at the port without a license.

Which administrative body is responsible for approving application of licences?

The consideration of license applications are effected by the Norwegian Directorate of Health. The application must not be passed on to other organs for visa, note or approval.

Must the applications be passed on to other organs for visa, note or approval?

The importer does not have to approach more than one administrative organ.

Are there any other conditions attached to the issue of a licence?

There are no other conditions attached to the issuing of licences.

Fees and other administrative charges

Is there any licensing fee or administrative charge?

There is an administrative charge (application fee) that must be paid by the applicant.

What is the amount of the fee or charge?

NOK 15 000

Is there any deposit or advance payment required associated with the issue of licences?

The application fee covers administration costs related to the request for importation.

Amount or rate?

Is it refundable?

The application fee is non-refundable and must be paid when the application is submitted.

What is the period of retention?

What is the purpose of this requirement?

Refusal of an application

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

If the applications meet the criteria, a licence is granted. An application may only be refused if it fails to meet the ordinary criteria.

Are the reasons for any refusal given to applicants?

The reasons for any refusal are given to the applicant in the decision.

Have applicants a right of appeal in the event of refusal to issue a licence?

The decision of the Norwegian Directorate of Health may be appealed to the Ministry of Health and Care Services according to Section 28 of the Public Administration Act: https://lovdata.no/NLE/lov/1967-02-10/§28

If so, to what bodies and under what procedures?

The decision of the Norwegian Directorate of Health may be appealed to the Ministry of Helath and Care Services acording to Section 28 of the Public Administration Act: https://lovdata.no/NLE/lov/1967-02-10/§28

Importation

Are there any limitations as to the period of year during which importation may be made?