S.L. 315.10 Art. 16Cross-border distance sales of tobacco products.

(1) Cross-border distance sales of tobacco products to consumers located in Malta shall be prohibited.

(2) Retail outlets located in Malta engaging in cross-border distance sales of tobacco products shall not supply such products to consumers in Member States where such sales have been prohibited. Retail outlets located in Malta intending to engage in cross-border distance sales to consumers located in the Union shall register with the Superintendent and with the competent authorities in the Member State where the actual or potential consumers are located. All retail outlets located in Malta intending to engage in cross-border distance sales shall submit the following information to the Superintendent when registering:

(a) name or corporate name and permanent address of the place of activity from where the tobacco products shall be supplied;

(b) the starting date of the activity of offering tobacco products for cross-border distance sales to consumers by means of information society services;

(c) the address of the websites used for that purpose and all relevant information necessary to identify the website.

(3) The Superintendent shall make publicly available the list of all retail outlets located in Malta and engaging in cross-border distance sales that are registered in accordance with this regulation. Retail outlets may only start engaging in cross-border distance sales when they have received confirmation of their registration with the Superintendent.

(4) Retail outlets located in Malta supplying tobacco products sold by cross-border distance sales shall nominate to the Superintendent, a natural person who shall be responsible for verifying, before the tobacco products reach the consumer, that they comply with the national provisions of the Member State where the consumer is located at the time that the consumer orders the product.

(5) Retail outlets located in Malta engaging in cross-border distance sales shall operate an age verification system, which verifies, at the time of sale, that the purchasing consumer complies with minimum age requirements provided for under the national provisions of the Member State where the consumer is located at the time that the consumer orders the product. The retail outlet or natural person nominated pursuant to sub-regulation (4) shall provide to the Superintendent a description of the details of the age verification system and how it functions.

(6) Retail outlets located in Malta shall only process personal data of the consumer in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and that data shall not be disclosed to the manufacturer of tobacco products or companies forming part of the same group of companies or to other third parties. Personal data shall not be used or transferred for purposes other than the actual purchase. This also applies if the retail outlet forms part of a manufacturer of tobacco products.