Andorra approves strict regulation to curb illicit tobacco trade

The Council of Ministers has approved and published a new regulation on sensitive goods that implements recent amendments to the sensitive‑goods law as part of a government “shock plan” to curb illicit tobacco trafficking and protect public safety. The text was published in the Official Bulletin (BOPA) and announced by government communiqué after the approval was postponed by one council meeting; a previously announced press presentation did not take place.

Under the regulation, Pas de la Casa remains subject to a moratorium on new tobacco‑sales licences. Elsewhere in Andorra, new licences will be granted only when the sale of tobacco is judged compatible with an establishment’s overall commercial offer.

The rules set strict time limits. Transport of sensitive goods anywhere in Andorra is permitted only between 06:00 and 20:00. Retail sales of tobacco in the urban core of Pas de la Casa are limited to 07:00–20:00; sales outside those hours or on legally mandated shop‑closure days are prohibited.

New transparency and record‑keeping obligations target high‑volume sellers and non‑retail operations. Operators must record the brand and a description of tobacco products in register books and on retail invoices (or simplified invoices). Establishments that sell more than 600,000 cigarettes in a month—or those required to keep register books because they carry out non‑retail operations—must submit monthly cigarette‑sales reports specifying date, time, invoice number, brand and description, and quantity. Single sales exceeding 2,000 cigarettes must include the buyer’s tax identification number (NRT) and name. Operators above the 600,000‑cigarette threshold must also maintain books of issued invoices, received invoices and stock.

All operators of sensitive goods are required to ensure staff receive appropriate training and to implement mechanisms that guarantee correct application of the law.

The measures have prompted strong opposition from several Pas de la Casa retailers, who say the rules create different categories of traders and amount to discriminatory treatment of the border town. Some shopkeepers have indicated they will pursue administrative appeals and may take the matter to court. The president of the Union of Andorran Tobacco Retailers (UCAT), Raül Calvo, acknowledged the unpopularity of restrictive measures, saying “when restrictive measures are applied they are not liked,” and warned the differentiated regime “could be described as discriminatory” compared with the rest of the country, while adding that authorities see the problem as concentrated in Pas de la Casa.

The government says it worked with UCAT and shared the draft with the Association of Tobacco Product Manufacturers of Andorra (AFPTA), but that consensus was not unanimous. Officials frame the regulation as the legal deployment of the amended law’s powers to impose prohibitions or geographically limit activities for reasons of public order and to strengthen traceability to prevent diversion to the illegal market.