In a significant operation aimed at curbing the illegal sale of e-cigarettes, the Spanish Civil Guard seized 171,407 illegal e-cigarette products in Seville.
Operation “Humeros”
Details of the Seizure
On July 22, 2024, the Spanish Civil Guard conducted a special operation named “Humeros” in the province of Seville, seizing 171,407 illegal e-cigarette products. These products were primarily disposable e-cigarettes containing nicotine and failed to comply with the relevant regulations.
Market Value and Regulatory Non-Compliance
The seized products had a total market value of approximately €1.55 million (around $1.69 million). They did not comply with Royal Decree 579/2017, which regulates the production, labeling, and distribution of tobacco products in Spain.
Investigation and Collaboration
Initiation of the Operation
The operation was initiated by the Customs and Border Analysis and Investigation Unit (Udaiff) at the Port of Seville, in collaboration with the Fiscal and Border Patrol (Pafif) of the Seville Command. It was triggered by the detection of unauthorized e-cigarette sales in various stores.
Scope of the Investigation
During the investigation, authorities discovered that these illegal products were being sold in multiple public locations, including specialized vape shops, grocery stores, and warehouses. The investigation revealed that the e-cigarettes had not received approval from the Ministry of Health, posing significant safety risks.
Sources and Distribution of Illegal Products
Unauthorized Importers
The majority of these illegal e-cigarettes were sourced from unauthorized importers outside the EU, suspected of illegal entry into Spain. This illegal importation route heightened the public health risks associated with these products.
Public Health Risks
The lack of approval for production, labeling, and distribution meant that these e-cigarettes did not meet safety standards, posing serious risks to consumers. The products were found to be potentially hazardous due to their non-compliance with health regulations.
Legal Framework and Penalties
Royal Decree 579/2017
Royal Decree 579/2017, dated June 9, 2017, regulates the production, display, and sale of tobacco and related products in Spain. It mandates that manufacturers and importers register their products on the EU-CEG portal and notify the Directorate General of Public Health.
Law 6/2011 and Anti-Smuggling Law 12/1995
The police recommended penalties for the offenders based on Law 6/2011, which amends the Anti-Smuggling Law 12/1995. These laws provide the legal basis for imposing fines and other penalties on those involved in the illegal sale and distribution of tobacco products.
Conclusion
The successful operation “Humeros” by the Spanish Civil Guard highlights the importance of regulatory enforcement in protecting public health. By seizing over 170,000 illegal e-cigarettes, Spain underscores its commitment to upholding safety standards and reducing health risks associated with non-compliant tobacco products.
FAQs
What prompted the Spanish Civil Guard’s operation in Seville?
The operation was initiated following the detection of unauthorized e-cigarette sales in various stores, leading to an in-depth investigation.
What regulations did the seized e-cigarettes violate?
The seized products violated Royal Decree 579/2017, which regulates the production, labeling, and distribution of tobacco and related products in Spain.
How were the illegal e-cigarettes entering Spain?
The e-cigarettes were primarily sourced from unauthorized importers outside the EU, suspected of illegal entry into Spain.
What are the penalties for selling illegal e-cigarettes in Spain?
Penalties include fines based on Law 6/2011 (amending the Anti-Smuggling Law 12/1995) and Royal Decree 579/2017, which can include substantial monetary fines and imprisonment.
How will the Spanish authorities ensure future compliance?
Authorities will continue to monitor the market for illegal e-cigarettes, enforce regulations, and impose penalties on violators to ensure ongoing compliance.
