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Spain

E-cigarettes

The devices themselves. Several markets regulate the device separately from the liquid, and at least one permits one subtype while banning the other.

Open Tobacco law

verified 10.07.2026 · TPD Pro regulatory desk

Not every value on this page is confirmed.

Fields carrying a Draft marker come from a measure that is not in force. Fields carrying Needs check have not yet been verified at source. Both are marked individually next to the value, and the open questions are listed at the foot of this page.

Position

Where this stands, in words.

Open Permitted; the notification regime functions.

Regulated as dispositivos susceptibles de liberación de nicotina (DSLN). Disposable devices remain lawful; a draft bill would prohibit their sale after a twelve-month transition, and it is not in force.

Commercial sale Open

RD 579/2017

Cross-border distance sale Banned

Ley 28/2005, disposición adicional duodécima

Requirements

Every parameter, with its source.

A field with no source is not shown at all — not shown with a caveat, not shown. Anything missing from this table is missing because it has not been verified, not because it does not apply.

Legal basis

Base law

The act the category is governed by in this market.

Ley 28/2005, as amended by RD-ley 17/2017

Ley 28/2005 boe.es verified 10.07.2026

Implementing act

The decree, regulation or ordinance carrying the detail.

Real Decreto 579/2017, as amended by RD 47/2024

RD 579/2017 boe.es verified 10.07.2026

EU-level regulation

Whether and how the category is covered by EU law. A category outside EU law is regulated market by market, with no common floor.

Directive 2014/40/EU (TPD2), art. 20 — transposed

Directive 2014/40/EU, art. 20 boe.es verified 10.07.2026

Competent authority

Who regulates, who supervises, and who receives the filing.

Ministerio de Sanidad; Dirección General de Salud Pública

sanidad.gob.es verified 10.07.2026

Composition and limits

Container volume

Ceilings on refill container and tank or cartridge volume.

Tank or cartridge 2 ml maximum

RD 579/2017 boe.es verified 10.07.2026

Packaging and labelling

Mandatory warning

The statutory wording. Reproduced verbatim in the language of the act, because the text on the pack must match it.

Este producto contiene nicotina, una sustancia que crea una gran dependencia.

RD 579/2017 boe.es verified 10.07.2026

Warning format

Surface share, placement and any accompanying age mark.

30% of the external surface of the pack of the pack surface

RD 579/2017 boe.es verified 10.07.2026

Notification

Notification channel

Where the filing goes. Not an assumption: some markets take these products outside EU-CEG entirely, and some have no channel at all.

EU-CEG, via the Dirección General de Salud Pública

RD 579/2017 boe.es verified 10.07.2026

Lead time

How far ahead of market entry the notification must be filed.

6 months before market entry

RD 579/2017, arts. 6–7 boe.es verified 10.07.2026

Registry and status check

Where a product's approval status can be confirmed.

Registro de Fabricantes, Importadores y Distribuidores (DSLN)

RD 579/2017 boe.es verified 10.07.2026

Sales

Minimum age

The age below which sale is prohibited.

18 years

Ley 28/2005, art. 3 boe.es verified 10.07.2026

Online and distance sale

Whether the product may be sold remotely, domestically and across borders.

Cross-border distance selling prohibited; domestic online sale possible on conditions

Ley 28/2005, disposición adicional duodécima boe.es verified 10.07.2026

Excise and chemicals

Advertising

What promotion is permitted, if any.

Substantially restricted, on the same footing as tobacco

Ley 28/2005; RD-ley 17/2017 boe.es verified 10.07.2026

Chemicals legislation

REACH, CLP, safety data sheets and poison-centre notification, which apply in parallel to the product regime.

REACH and CLP apply; safety data sheet required

Regulation (EC) 1907/2006; Regulation (EC) 1272/2008 boe.es verified 10.07.2026

Not in force

What is coming for this category.

None of this is law today.

Draft

Draft royal decree amending RD 579/2017

A draft. It is not law and does not bind anyone.

Would set a 0.99 mg nicotine limit per pouch, restrict e-liquids to tobacco flavour, and introduce generic packaging. Notified to the Commission under TRIS as notification 26624. Whether it has been published in the BOE, its final text and its transitional periods are all open. Nothing in it is in force.

Proyecto de Real Decreto; TRIS notification 26624 sanidad.gob.es

Draft

Draft bill amending Ley 28/2005

A draft. It is not law and does not bind anyone.

Would prohibit disposable devices after a twelve-month transition, place nicotine pouches on the same footing as tobacco, and prohibit consumption by under-18s. Its stage, date and transitional arrangements are open. Disposable devices remain lawful in the meantime.

Anteproyecto de Ley sanidad.gob.es

Open questions

What we have not closed yet.

Open verification questions
Priority Question Where to look
Critical

Fate of the draft bill amending Ley 28/2005 — the prohibition on disposables, the alignment of pouches with tobacco, and the prohibition on consumption by under-18s. Its stage, date and twelve-month transition.

Congreso de los Diputados · BOE
High

Whether RD 579/2017 imposes an annual reporting obligation for e-liquids and e-cigarettes, and on what date it falls. No annual-reporting value is recorded for Spain at all, so the deadline checker returns nothing — which is not the same as there being nothing to file.

blocks: annual-reporting
RD 579/2017, arts. 6–7 and the annexes · Dirección General de Salud Pública — notification guidance
Low

Generic packaging requirements: whether they extend to heated tobacco and to e-cigarettes.

blocks: plain-packaging
BOE · Public consultations

verified 10.07.2026 · TPD Pro regulatory desk