Germany

               

Brief Overview

E-cigarettes are currently legal in Germany.

While Germany abides by the EU TPD, and as such, nicotine content of e-liquid must be less than or equal to 20mg/mL, and The volume of refill bottles must not exceed 10mL. However we have been advised by a users on the ground in Germany that the interpretation of the TPD’s maximum volume requirement of 2ml for tanks only applies to pre-filled cartridges/pods in Germany.

Although e-cigarettes don’t explicitly fall under the Nichtraucherschutzgesetze (laws for protecting non-smokers) yet, there is a federal smoking ban in some instances and e-cigarettes usually get lumped in with that practice. You can’t for example ever vape/smoke in a train or bus and there are designated areas for vaping/smoking at train stations. A lot is also regulated on a state by state basis and there are a lot of exceptions.

Because of advice (see below) from users in Germany, the Germany entry has been marked for expansion and splitting into individual states in the near future, please check back for more detail on the difference in legislation between German states.

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All Laws & Regulations

Germany became a Party to the WHO Framework Convention on Tobacco Control on March 16, 2005.

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Edits Suggested By Users

Edit received on Thursday, Dec 21st 2017 Via Reddit, User has not given permission to credit using their name.

There is a tiny mistake with the entry for Germany and probably other member states in the EU.
https://i.imgur.com/cmKXfhp.jpg

Germany is among those member states, that interpreted the TPD in such a way (one might say correctly), where the size of atomizers is NOT limited. The 2ml capacity limit only applies to pre-filled cartridges. France for example is also part of that group.

The “Indoor Vaping OK” and “Public Vaping OK” also isn’t technically wrong, but maybe misleading as a blanket statement. Although e-cigarettes don’t explicitly fall under the Nichtraucherschutzgesetze (laws for protecting non-smokers) yet, there is a federal smoking ban in some instances and e-cigarettes usually get lumped in with that practice. You can’t for example ever vape/smoke in a train or bus and there are designated areas for vaping/smoking at train stations. A lot is also regulated on a state by state basis and there are a lot of exceptions to otherwise seemingly waterproof laws, which makes it extremely difficult to get it right all the time. Just the way we love it:

https://en.wikipedia.org/wiki/Smoking_in_Germany#Smoking_ban_by_state

Generally it’s always best to not vape where you wouldn’t smoke, but that should be a given. If you’re somewhere indoors and not sure and you don’t see people smoking, it’s probably better to ask first. You’ll likely get the obligatory “Nein!” just because, but it’s still better than making a scene.

Relevant Links & Articles

Tobacco Control Laws: https://www.tobaccocontrollaws.org/legislation/country/germany/laws

World Health Organization Tobacco Report: http://www.who.int/tobacco/surveillance/policy/country_profile/deu.pdf?ua=1

Tobacco Atlas Information: http://www.tobaccoatlas.org/country-data/germany/

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